Dear Attorneys,
I got divorced and am paying alimony. However, my son tells me that my ex-husband’s girlfriend moved in with him. Is this cohabitation? How do I prove it? Can I stop paying alimony?
Sincerely,
Done Donating
Dear Done,
It may be cohabitation. In general, cohabitation means that a person is residing with another person (at least most of the time) and that the other person is helping to pay expenses. Therefore, it is often not enough to just prove that someone had another person move in. The reason this gets tricky though is that you will need to do a request for financial production at hearing to show the financial side of the equation. You can only file that request if you file a post-judgment motion to modify. There are many reasons that this gets complicated, but one example is that often, when someone is served with a motion, they change their behavior. Also, if you do not have proof in advance that the new “roommate” is contributing to household expenses, you are essentially filing a motion to modify without proof of a substantial change in circumstances. That said, private investigators are a huge help in these matters, as is social media. There are different ways to approach issues like this, and it is often best that you sort such out with your attorney.
Wolf & Shore Law Group is here to make your post-judgment matter easier, not harder. Call us if you have any questions about how to move forward with a post-judgment motion for modification. Ever argue with a woman? Let Wolf & Shore Law Group go to work for you. Call us at 203.745.3151 or email us at info@wolfandshorelaw.com.
Very Truly Yours,
Wolf & Shore Law Group
*The situations represented in our Dear Attorneys column are entirely fictional and any resemblance to a specific case is unintentional. We cannot, and will not, offer legal advice to anyone who is not a client. However, if you do have questions or concerns, you should contact an attorney at your convenience.
