mobile1622
recently joined
Reged: 11/04/09
Posts: 5
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My divorse decree is from Alabama but my ex lives in Oklahoma. My kids live with me but I've been paying alimony each month for the last 9 months with 7 left. I just found out over the last couple of days that she has move in with her boyfriend....I don't care about that but i'm thinking my payments should stop now..my thinking is alimony is for helping your ex out to get back on her feet.. not once they make decision on a dual income household. I need advice. It would be easy to prove because she has told our daughters.
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ILMimi
addict
Reged: 01/03/08
Posts: 413
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Stopping SS upon cohabitation will depend on what the statutes are in your state and whether you have anything written into your divorce decree that says you can stop payments upon cohabitation.
What do these say?
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1966Gal
Carpal \'Tunnel
Reged: 04/04/08
Posts: 5872
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Depends on two things. The first is if your decree says that alimony terminates upon cohabitation. Secondly, you have to prove she is cohabiting and not living in a roommoate situation...and that's very hard to prove.
I don't know how much you are paying, but be careful. If it's a smaller amount, the cost to prove cohabiation and petition the courts for early termination might cost more than paying it.
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The Gov cannot give anything to anyone - that they have not first taken away from someone else.
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mobile1622
recently joined
Reged: 11/04/09
Posts: 5
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It wouldn't be hard to prove because she has told our children she is...I also did a special waiver to wave child support from her to help her out. So I've done my part. As for how much it's over $1,000 a month and with me it's more the principle instead of the money. People need to man up and accept responsibilty at some point, don't you think?
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 16000
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...she is BLATANTLY biased when it comes to spousal support, and thinks ALL women should get it, and RARELY advocates men getting it.
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The paper holds their folded faces to the floor and everyday the paperboy brings more
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1966Gal
Carpal \'Tunnel
Reged: 04/04/08
Posts: 5872
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Well, if you think she'll play fair, ask her if she's co-habitating. If she says yes, then say that alimony is terminating and send her a document to sign (and get notarized) that alimony is terminating due to her co-habitation.
Do you really think she'll play fair?
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The Gov cannot give anything to anyone - that they have not first taken away from someone else.
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mobile1622
recently joined
Reged: 11/04/09
Posts: 5
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no i don't think she will play fair but i think the threat to go back to court for child support will deter her plus 1/2 my retirement should being deposited in her account within the next week.
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finz
Pooh-Bah
Reged: 06/17/08
Posts: 1794
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I was hoping that you would get some specific advice about what constitutes proof. I have no experience in this area, but I was thinking like a copy of their lease agreement or something like that. Obviously, you would be better off not bringing your kids into this.
Anyone know what he needs to do to prove it to the court ?
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finz
Pooh-Bah
Reged: 06/17/08
Posts: 1794
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or, I should say.....where is YesDad when we need him ?
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ILMimi
addict
Reged: 01/03/08
Posts: 413
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"1/2 my retirement should being deposited in her account within the next week."
What do you mean 1/2 your retirement should be depoisted? Didn't you do a QDRO? If you didn't and just withdrew the money you are on the hook for the taxes and a 10% penalty.
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