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waps
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Reged: 09/29/07
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WI maintenence and cohabitation
      #297794 - 09/29/07 10:36 AM

I have a home with my business in it. I pay all the bills and the mortgage at that residence. In June of 07. I moved my clothes into my fiance' home and spend nights there at his house. I do not contribute any money towards his bills or mortgage. The ex who I receive maintenence from, has filed to eliminate the maintenence claiming cohabitation. Where do I stand on this matter.

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googledad
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Re: WI maintenence and cohabitation [Re: waps]
      #297798 - 09/29/07 10:39 AM

What does your court order say in regards to grounds for terminating maintenance ? Usually maintaining separate residences is enough to disprove cohabitation .

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Relayer
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Re: WI maintenence and cohabitation [Re: waps]
      #297800 - 09/29/07 10:40 AM

Quote:

I have a home with my business in it. I pay all the bills and the mortgage at that residence. In June of 07. I moved my clothes into my fiance' home and spend nights there at his house. I do not contribute any money towards his bills or mortgage. The ex who I receive maintenence from, has filed to eliminate the maintenence claiming cohabitation. Where do I stand on this matter.




So you want to defraud your ex?

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Goodmom
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Re: WI maintenence and cohabitation [Re: waps]
      #297815 - 09/29/07 10:57 AM

Quote:

I have a home with my business in it. I pay all the bills and the mortgage at that residence. In June of 07. I moved my clothes into my fiance' home and spend nights there at his house. I do not contribute any money towards his bills or mortgage. The ex who I receive maintenence from, has filed to eliminate the maintenence claiming cohabitation. Where do I stand on this matter.




Seems to me that you are cohabitating. And if the court order says that spousal support stops upon cohabitation, then the payments will stop.


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Miranda
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Re: WI maintenence and cohabitation [Re: waps]
      #297878 - 09/29/07 01:45 PM

You are cohabitating, so what is the question? Where do you stand? Where do you think you stand?

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waps
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Re: WI maintenence and cohabitation [Re: googledad]
      #298227 - 09/30/07 02:39 PM

My divorce decree just states that maintenence is indefinite. There are no statements for termination.
Also, what does it take to prove cohabitation?


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Relayer
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Re: WI maintenence and cohabitation [Re: waps]
      #298258 - 09/30/07 03:54 PM

Quote:

My divorce decree just states that maintenence is indefinite. There are no statements for termination.
Also, what does it take to prove cohabitation?




Which means it can be terminated if statute says it can be for cohabitation.

Documented evidence that you spend a majority of your nights there is enough.

Or your testimony if questioned, unless you plan on commiting perjury. And then if proven, not only does support end, you face perjury and fraud charges.

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emilar
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Re: WI maintenence and cohabitation [Re: Relayer]
      #298292 - 09/30/07 06:38 PM

Why would you want to worry about it? If you got a fiance and you spend nights with him - let your ex off the hook. Unless you are not too sure about the fiance- if thats the case move your stuff back home before it's too late. Sounds like your ex has all the proof he needs or he wouldn't have filed.

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googledad
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Re: WI maintenence and cohabitation [Re: waps]
      #298350 - 09/30/07 09:32 PM

Quote:

My divorce decree just states that maintenence is indefinite. There are no statements for termination.
Also, what does it take to prove cohabitation?




Cohabitation isn't grounds for termination of maintenance in Wisconsin but sometimes can be used to modify the amount of the award as a change in circumstances .

The definition of "cohabitation" varies widely in different locations. Some courts have held that "cohabitation" means people living together and sharing living expenses. Other courts require a marital, conjugal relationship.

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Relayer
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Re: WI maintenence and cohabitation [Re: googledad]
      #298360 - 09/30/07 10:47 PM

Quote:

Quote:

My divorce decree just states that maintenence is indefinite. There are no statements for termination.
Also, what does it take to prove cohabitation?




Cohabitation isn't grounds for termination of maintenance in Wisconsin but sometimes can be used to modify the amount of the award as a change in circumstances .

The definition of "cohabitation" varies widely in different locations. Some courts have held that "cohabitation" means people living together and sharing living expenses. Other courts require a marital, conjugal relationship.




Staute does not but caselaw does support it if "the cohabitation enhances the maintenance recipient's financial condition, and whether the cohabitors have fashioned their financial relationship to prevent reduced maintenance".

In this OP case, as any appeals or court will find, her financial condition was certainly enhanced by the relationship, as she now is living somewhere else rent and bill free, thus confirming her original residence is no longer a financial burden to her. It is a burden to her business, but not to her personally any longer. An example would be the difference between owning a car for a business (which can also be driven anywhere, anytime, for any reason) and owning one for "pleasure". Second, she has fashioned her financial relationship as such as to prevent the stopping or reduction of maintenance (again by her own admission)

Any third rate lawyer will be able to argue this and any 4th rate judge would be able to opinion on it.

She will lose on this one. Easily. And I hope she does.

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