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#164865 - 01/29/07 11:29 PM Alimony - both sides now
JonDough Offline
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Registered: 01/29/07
Posts: 2
These questions are going to sound like they are related, but they really aren't!!

1) I have a rumor that my ex is about to move in with her lover. My divorce judgment specifically states ...
"Alimony will end upon the first of the following events to occur ...
c. The Wife's remarriage.
d. The Wife's cohabitation pursuant to Connecticut General Statute 46b-86(b)."

If I understand this correctly, as long as I can prove she is cohabiting, I can stop paying alimony [i]without having to obtain a court amendment.[/i] Is this a correct understanding?

2) My new girlfriend is also divorced, receiving alimony. Her ex claims to be going through some tough times, although he is financially way ahead of her. (He really screwed her on the settlement -- lousy lawyer, but he's dead now).

She asked what would happen if he just stopped paying alimony. I didn't know.

I know that he is legally liable, but I'd guess that she would have to institute proceedings against him, as well as probably take all the necessary actions of collection. Is that essentially right? With everything else that the court has to do, I can't imagine that they are going to make any effort to chase him down and squeeze the money out of him, are they?

Thanks in Advance,

Fred

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#165489 - 02/08/07 08:54 PM Re: Alimony - both sides now [Re: JonDough]
JonDough Offline
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Registered: 01/29/07
Posts: 2
OK, I'm not looking for a legal opinion here.

Can anybody give me their best guess?

TIA,

Fred

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#165497 - 02/08/07 09:31 PM Re: Alimony - both sides now [Re: JonDough]
astrolink Offline
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Registered: 06/03/03
Posts: 5742
1) If it is court ordered to pay, then you must get the order changed.
You can't just stop paying.

2) Enforcement varies from state to state.

You need to ask an attorney from your specific jurisdiction (state, county, court, and judge, and it varies with each).

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#166979 - 02/27/07 08:49 PM Re: Alimony - both sides now [Re: astrolink]
dro653 Offline
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Registered: 01/23/07
Posts: 1
My X and I have a 50/50 split with time with our two daughters, I am primary because I agreed to remain in the town the children where born/raised in, while she moved in with her boy friend several towns away. she was a stay at home mom for 10yrs, although i would of loved to of been the stay at home parent. anyhow, I now have to pay childsupport and alimony, even though she is cohabitating and I have the children 1/2 the time- it was calculated on income. i thought that since we both had a 50/50 split of time with the kids, may have ment a cancel out effect of childsupport, even though I am paying for health/dental/education, etc. I dont mind paying at all, its just that since she is cohabiting and now has a 30hr per week job- not to mention her adultry for about 1yr prior, why do I have to pay alimony? she left me for another man, why does my income have to too?

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#166988 - 02/27/07 10:55 PM Re: Alimony - both sides now [Re: dro653]
astrolink Offline
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Registered: 06/03/03
Posts: 5742
Alimony can be modified in some states if a person is cohabitating, although it is sometimes hard to prove. You are in a position to ask for a child support review now that she is working.

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