screwedover
recently joined
Reged: 03/10/13
Posts: 4
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Divorce agreement states that maintenece terminates due to cohabitation. Ex is engaged, fiancee moved in to her house last year. Despite this she has just filed to have the maintenance increased and its duration extended, so I have to file to have it terminated based on the coohabitation.
What date is considered for the termination-date of filing? Start of Cohabittion?
Can I recover any of the maintenence money already paid if I can prove the cohabitation started on a certian date?
I am also considering doing this without a lawyer so any advice would be appreciated.
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MinnesotaMom
member
Reged: 01/05/11
Posts: 193
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You would be crazy to not hire an attorney at this time...
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javajunkiee
Carpal \'Tunnel
Reged: 06/01/08
Posts: 3158
Loc: SC
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Ditto.
Unless you have proof they're cohabitating you're not only not getting any $ back, but you'll likely end up paying the increase she requests. You can bet she's covering her bases so she doesn't get caught, so without a lawyer and rock-solid proof of the cohabitation, there's not a thing you're going to do about this.
Call a couple of local lawyers for a free consult and run this by them - see what they say. Ask what you need to prove cohabitation.
Trying to stop her from stealing from you without a lawyers advice isn't going to get you anywhere.
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Marriage doesn't come with a money-back guarantee.
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screwedover
recently joined
Reged: 03/10/13
Posts: 4
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I feel I have some solid proof, including video of the boyfriend leaving her house for work in the morning.
I have talked with the lawyer who handled my divorce. He thinks I should hire a private investigator to be sure, but I might already have enough to prove cohabitation. He has always been very non commital
My divorce was insanley expensive because of my ex's craziness. It wasn't her money, so she didnt care about costs, all that mattered was trying to hurt me. I am trying not to sink deeper in debt if I can avoid it, which is why the thought of trying to do this myself. But it's a double edged sword, because if she gets the maintenence extended, two months maintenence would be more than the cost of the lawyer.
If I knew I could recover some of the maintenece paid, it might make it easier to decide to hire a lawyer.
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MinnesotaMom
member
Reged: 01/05/11
Posts: 193
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Do you have copies of their bills with their names at the same address? Driver's license change? Change of address with the post office?
A video of him leaving in the morning means pretty much nothing, since he can say he was over a morning cup of coffee before work.
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screwedover
recently joined
Reged: 03/10/13
Posts: 4
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Copy of the phone book listing him at her address
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Debi
Carpal \'Tunnel
Reged: 06/03/05
Posts: 7139
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That's pretty damning. When is the phone book dated? I'd think you could get her to have to pay you back from the time the phone book came out.
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When we were together, you said you'd die for me. Now, I think it's time you kept your promise.
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mrponder
recently joined
Reged: 04/21/13
Posts: 3
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I could be wrong, but from what I have read online it is rare to be able to recover paid alimony. The correct path is to get a lawyer and file a counter-suit. Even then, it will probably only modify your future payments, and they may even increase. Also, you can be on the hook for HER legal fees if she somehow wins. Can anyone correct this if I am mistaken?
I would NOT even consider doing this without a lawyer.
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