Angry
recently joined
Reged: 02/14/12
Posts: 1
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My divorce in AZ says I have to pay alimony for 7 years or until the death or remarriage of my ex-wife. She is now cohabiting with her LESBIAN partner. AZ does not recognize same-sex marriage. Does anyone know IF and how I can get the courts to cancel my alimony payments to her based upon her lesbian relationship. :crazy: :mad:
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javajunkiee
Carpal \'Tunnel
Reged: 06/01/08
Posts: 3155
Loc: SC
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If your order doesn't say alimony ends upon cohabitation, get ready to pay for 7 years. Cohabitation and remarriage are the only situations a court will care about, not who an ex sleeps with. You wouldn't get far if she moved in with a boyfriend, you're sure not going to get far over a woman.
Seriously, if you and your lawyer knew she switched teams, your lawyer was an idiot for not including a non-cohabitation clause in the first place, and getting that added after the fact will probably be impossible.
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Marriage doesn't come with a money-back guarantee.
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Renny
addict
Reged: 09/24/11
Posts: 479
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Is your alimony specifically non-modifiable? If it is not modifiable, your ex can live with whomever she wants. I don't share your outrage over her being a member of the LGBT community.
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Miranda
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Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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[quote]Is your alimony specifically non-modifiable? If it is not modifiable, your ex can live with whomever she wants. I don't share your outrage over her being a member of the LGBT community. [/quote]
I'm thinking the "outrage" (for dramatic effect) has less to do with who she sleeps with, and more to do with the fact that she is cohabitating/living in a domestic partnership and he still is paying alimony to her and her "wife"/partner. I'd be pissed too. If she wants to live as a married partner with a woman that is fine, but he shouldn't have to support this partnership financially.
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13.1...because I am only half crazy!
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hanzblinx
enthusiast
Reged: 08/13/10
Posts: 380
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I'm starting to detect a pattern here. Women marry to lock down some alimony payments, then move in together and start a relationship while living off the backs of men.
And I thought the devil was cunning. He's got nothing on these women.
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googledad
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Reged: 12/31/05
Posts: 10207
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25-327. Modification and termination of provisions for maintenance, support and property disposition
A. Except as otherwise provided in section 25-317, subsections F and G, the provisions of any decree respecting maintenance or support may be modified or terminated only on a showing of changed circumstances that are substantial and continuing except as to any amount that may have accrued as an arrearage before the date of notice of the motion or order to show cause to modify or terminate.
Can it be terminated ? Maybe .
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Careful. We don't want to learn from this.
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Debi
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Reged: 06/03/05
Posts: 7136
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I'm going to say good luck. I think you'd have to prove they are a "couple" and without pictures (ewwww) how would you do that?
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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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javajunkiee
Carpal \'Tunnel
Reged: 06/01/08
Posts: 3155
Loc: SC
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Who says that she's living as a "married" partner though? Gays can shack up just as easily as straights. In this case, the pie in the sky dream that the ex will get married and free him from his alimony payments just went up in smoke.
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Marriage doesn't come with a money-back guarantee.
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Renny
addict
Reged: 09/24/11
Posts: 479
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I think we have to distinguish between cohabitation and remarriage. The one may constitute the substantial change in circumstances to modify the alimony, the other, remarriage, is impossible with a gay partner since AZ has a consitutional ban against same-sex marriage.
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30199
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I don't think ANY gay person should get alimony from a heterosexual marriage. Seems pretty obvious that he or she went into the marriage under false pretenses.
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Why give a "senior" discount, they have had plenty of time to raise the money...
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