avocadoerin
recently joined
Reged: 03/25/10
Posts: 3
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Hello,
I am posting for my sister in law. She was divorced in 2001 in CA. In the document, at her ex husbands request was a stipulation that if she were to live with another man for more than 6 months the alimony would cease. I'm thinking this is crazy since this is a no fault state but it is in there. Within a year after the divorce he claimed she was living with another man and took it upon himself to stop paying. She did not pursue payment because she had no money to hire an attorney. Well, now she is desperate for money and has a court date next month with no attorney. My husband and I would like to help her, does she need a attorney? Or is this a slam dunk for her?
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30195
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IS she living with another man?
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Why give a "senior" discount, they have had plenty of time to raise the money...
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avocadoerin
recently joined
Reged: 03/25/10
Posts: 3
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No she is not. She is living with her daughter. She did live with a man several years ago for a short time. It may have been over 6 months but not by much. I don't know how he would prove it.
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30195
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So she DID violate the order, and STILL wants her alimony? And you want to help defend her, because he "couldn't" have found out? Well, did you ever consider that he DID just find out, and stopped the alimony?
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Why give a "senior" discount, they have had plenty of time to raise the money...
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avocadoerin
recently joined
Reged: 03/25/10
Posts: 3
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I'm not here to argue with you I'm looking for information. It's my understanding that he can't just stop payment, he has to ask a judge by submitting the evidence and making his case. There is a process for stopping alimony payments through the courts. Are you telling me that the husband is the judge and the wife just accepts it and walks away? Living with a man doesn't mean he was her boyfriend and potential husband material. You are taking this personally and should shut off your computer and go do something else.
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30195
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Fvck off, you are defending your sister in law, who broke the RULES and still wants her money, so who is the bad one here?
IF your sister goes to court and says she WASN'T living with a man for more than six months, she will be a LIAR, and guilty of PERJURY, so she CANNOT defend herself without breaking the law.
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Why give a "senior" discount, they have had plenty of time to raise the money...
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DeeCan
veteran
Reged: 04/05/08
Posts: 1266
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It's been 8 years since he's paid. A judge isn't going to accept that she needs money now and decided to pursue it. Her not doing anything before now implies that he was in the right.
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finz
Carpal \'Tunnel
Reged: 06/17/08
Posts: 6453
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IF she was not cohabitating, the time to deal with this would have been 8 years ago
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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He stopped paying 8 years ago...it is a little late now to say "I want the money" especially since she cohabitated with another man years ago.
She could consult with an attorney and see what she can do, but I don't know what would happen 8 years after the fact. She was fine without the alimony until now.
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13.1...because I am only half crazy!
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Redlegg
Carpal \'Tunnel
Reged: 10/05/06
Posts: 26677
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Hey, the reality is she can pursue it all she wants. If it was 6 months and a day, oh well. The problem is no one knows what the husband has to prove it. Obviously no one will lie under oath. Bottom line if it was over 6 months, no go, if it wasn't, her case is not helped by the 8 years. See an attorney and get some legal advice, the best help anyone can give her is to talk to an attorney and be honest.
Of course you know whether it was 6 months or not, so start there.
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