Can your ex stop paying you alimony if you live with someone who does not support you? - Divorce Law Questions and Answers- LawQA.com

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Can your ex stop paying you alimony if you live with someone who does not support you?

Or if you spend a few nights at someone else s home?

Answer By GEORGE N. SEIDE
ADELMAN & SEIDE, LLP
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This advice does not create an attorney client relationship. That may only be created between us with a written agreement. Generally, the cohabitant must be paying some or all of your expenses. Roommates do not count if paying a share of the rent. Significant others paying a portion of the rent are questionable, unless they sleep in a separate room. Staying overnight at another's home does not constitute them subsidizing your finances.

Answer Applies to: California
Replied: 8/13/2012


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He needs a court order.

Answer Applies to: California
Replied: 8/10/2012

Answer By Harry D. Roth

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Your ex cannot stop paying you without an order for the court. If he stops without a new court order, then you can easily have the money taken from his paycheck or even retirement check.However, the court will take into consideration the fact that you have a live-in romantic partner in determining the appropriate amount of support. If you really are living together, then when you get to court, the judge will expect you to prove that you still need just as much money as before, basically that living with him has not reduced your need for support. Staying a few nights at someone's home is not living together. Keep your rent receipts and utility bills so that you can show that you still have your own place (or that he still has his own place if that is the story). No matter what your former husband thinks, he no longer controls your body and you can have as much sex as you like with whomever you like and wherever you like and it is none of his business.

Answer Applies to: California
Replied: 8/10/2012

Warner Center Law Offices of Donald F. Conviser
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If your ex proves and the Court determines that you are cohabiting with someone of the opposite sex, the law provides that there is a presumption of decreased need for support, which might result in reduction or termination of your spousal support unless you are able to successfully rebut the presumption by proving to the Court's satisfaction that your cohabitor has not been and is not contributing to your support. But note that if you and your cohabitor are splitting the rent, the Court may determine that your cohabitor has been contributing to your support, because your share of the rent is lower than what you would have been paying by yourself. If you spend a few nights at somebody else's home, but maintain your own home at your sole expense, that may assist you in rebutting the presumption. You would best retain an experienced Family Law Attorney to advise and represent you if your ex files a Request for Order to reduce or terminate your Spousal Support.

Answer Applies to: California
Replied: 8/10/2012

Answer By Tres A. Porter

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Only if he/she takes the matter to Court and obtains an Order modifying support. But if you are living with a member of the opposite sex, there is a presumption of a reduced need for support.

Answer Applies to: California
Replied: 8/10/2012

Answer By Abel Fernandez
Diefer Law Group, P.C.
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No. If there are offers to pay they must pay until the order is changed. Cohabitation can be grounds to reduce support but this needs to be decided by the court.

Answer Applies to: California
Replied: 8/10/2012

Answer By Steven Alpers

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He would have to go to court. The only reason to stop is if you are remarried or the order has a set termination date.

Answer Applies to: California
Replied: 8/10/2012


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Co-habitation does not result in an automatic termination of spousal support. It could reduce the amount but not terminate it. Go to court, file a contempt.

Answer Applies to: California
Replied: 8/10/2012

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