QUESTION
Is it mandatory for my now husband to keep paying her alimony and what can he do to stop it?
Asked on Oct 30th, 2012 on Divorce - Michigan
More details to this question:
My husband divorced his eight-year wife. The divorce was finalized ten months ago. He is paying alimony but the ex-wife had been cohabiting before and is now. She now has a baby with this person. He is now married to me.
18 ANSWERS
You need an attorney for this.
Answered on Jun 18th, 2013 at 10:42 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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He needs to meet with an attorney to see about modifying the alimony.
Answered on Nov 06th, 2012 at 8:09 AM
Hope he had a good divorce attorney. Many judgments awarding spousal support have a condition that it terminates upon cohabitation. Seek out an experienced attorney to review the judgment for a cohabitation provision and, if so, to file to terminate spousal support.
Answered on Nov 01st, 2012 at 5:12 PM
Your husband needs to return to court with a new motion, bringing to the attention of the court the facts outlined in your posting.? He must also make a complete financial disclosure, even if he did so recently. While an attorney is not required, it sure sounds as though he did not have one before and the current order is the result.
Answered on Nov 01st, 2012 at 12:50 PM
Collaborative Divorce Attorney serving Spokane, WA
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Burke Law Group, PLLC
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In Washiington State, generally speaking spousal maintenance (alimony) must continue to be paid per the terms of the decree of dissolution irrespective of the receiving spouse's change in circumstances, such as living with some other adult. Unless there is language to the contrary in the decree, this spousal maitenance payment continues for the duration specified in the decree, terminating early only upon the death or remarriage of the receiving ex-spouse. A decree can be modified to eliminate the requirement to pay spousal maintenance, but modification of the decree is not something that is easly accomplished. Consultation with an attorney may help you determine if modification is a possibility, depending upon the spcific facts of the case
Answered on Nov 01st, 2012 at 12:49 PM
How long support must be paid depends upon the provisions of the Judgment. Support can be modified if income of the ex has changed. You should consult a family law attorney to review all of the relevant facts and documents and advise you how to proceed.
Answered on Nov 01st, 2012 at 12:49 PM
Dennis P. Mikko
Your husband's Judgment of Divorce would set forth the terms and conditons for spousal support. Typically, it will say when the obligation stops. Unless a condition set forth in the Judgment to stop spousal support is met, he will have to continue paying.
Answered on Nov 01st, 2012 at 12:47 PM
Michael Paul Vollandt
In California there is a presumption that the ex has a reduced need for spousal support. What that really means is that if you take it to court the judge may well terminate spousal support.
Answered on Nov 01st, 2012 at 12:47 PM
You can file a request for orders for a modification of spousal support. Be warned, however, that both your income and that of her "live in" will be looked at to determine whether spousal support should continue, go down or go up. I strongly recommend you have an in person consultation with a family law attorney on the issue
Answered on Nov 01st, 2012 at 12:47 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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The legal definition of co-habituating is much more than just living together. If you can prove the co-habitation* by the legal definition,* which not very easy, you may be able to stop spousal support.
Answered on Nov 01st, 2012 at 7:09 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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The answer to your question requires an examination of the court order that established his alimony obligation and the state law of the state where the court is. In Colorado cohabitation is not the same thing as marriage so the court order would still be valid.
Answered on Nov 01st, 2012 at 6:59 AM
Leonard A. Kaanta
It depends on the terms of the judgment,
Answered on Nov 01st, 2012 at 6:55 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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An attorney would need to see any agreement and the final judgment before attempting to answer this specifically. Hire an attorney for this.
Answered on Nov 01st, 2012 at 6:51 AM
In order to stop alimony, your now husband will have to go back to Court or an appropriate Order. Of course, he will have to justify his request with 'Evidence' of changed circumstances to show WHY he is requesting the Order.
Answered on Nov 01st, 2012 at 6:49 AM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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The terms of spousal support payments will be specified in the Judgement of Divorce. In many cases, support will stop if certain things happen. A full review of the Judgement would be necessary to see what changes can be made.
Answered on Nov 01st, 2012 at 6:45 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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He should see an attorney to discuss how to modify alimony and whether he has a chance. Depends in his judgment.
Answered on Nov 01st, 2012 at 6:44 AM
His remarriage to you does not affect his spousal maintenance obligation. The divorce paperwork would have specified how long he is to pay her, and would indicate if that award is "non-modifiable." Her cohabitation might present a change in circumstances to justify revisiting the spousal maintenance, but only if the award is not "non-modifiable." I recommend that your husband consult with an attorney to review his paperwork and help him determine whether there is anything that can/should be done.
Answered on Nov 01st, 2012 at 6:34 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The answer will be in his judgment of divorce. Read its provisions, and if you do not understand it, hire an attorney to explain it. You will most probably have to file an motion and should do it quickly as, generally relief will be for the future only.
Answered on Nov 01st, 2012 at 6:31 AM