QUESTION
Does my daughter’s ex-husband have to get a court order that he can stop paying spousal support?
Asked on Aug 19th, 2013 on Divorce - Arizona
More details to this question:
My daughter’s ex-husband stopped paying his spousal support when she moved in with another man that was short lived. He never began paying her the spousal support again. They were married for 18 years with four children. Does he have to get a court order that he can stop paying it? Does he have to pay arrears if he should never have stopped? He makes very good money and he has allowed them to live in poverty and not the lifestyle that they were used to. What can my daughter do?
10 ANSWERS
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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Read the order - it should say what terms apply to the payments, halting the payments, etc. I suggest you hire a lawyer.
Answered on Aug 27th, 2013 at 2:40 PM
Divorce Attorney serving Bloomfield Hills, MI
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Catchick Law, P.C.
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Your daughter should consult with a Family Law lawyer to carefully review all the spousal support provisions of her Judgment of Divorce, to confirm all her options and the likelihood of success in Court. The ex-husband MAY have been justified in "suspending" spousal support while she lived with another man, but perhaps she can now get the spousal support "re-established" since she is no longer living with the man.
Answered on Aug 27th, 2013 at 2:40 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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She needs to file a motion for contempt for his non-payment. He is still responsible to pay until or unless a court says otherwise.
Answered on Aug 27th, 2013 at 2:40 PM
Family Law Attorney serving Thousand Oaks, CA
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Law Office of Terry A. Buchanan
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A court order is enforceable until modified in writing - usually with another order. The husband would be obligated to pay until that written modification. If not paid, then arrears would accumulate until paid in full, and often with applicable interest on the balance. The questionable aspect of your inquiry is whether or not their order provided for the cessation of spousal support upon wife's co-habitation. Co-habitation is addressed in the law (Family Code) whereby spousal support can be reduced and/or terminated upon payee's co-habitation.
Answered on Aug 27th, 2013 at 2:40 PM
Criminal and General Civil Litigation Attorney serving Warsaw, IN
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Rockhill Pinnick LLP
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Does he have to get a court order that he can stop paying it? Yes Does he have to pay arrears if he should never have stopped? Yes What can my daughter do? Talk to her attorney about this. If she does not have one, hire one.
Answered on Aug 27th, 2013 at 2:40 PM
Dennis P. Mikko
Whether he would have to continue paying would depend on the language contained in the Judgment of Divorce. Your daughter should speak with her attorney who can assist her determining whether additional money is due her.
Answered on Aug 27th, 2013 at 2:40 PM
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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In Arizona there must be a court ordering terminating spousal maintenance, unless it terminates under the terms of the order in place. Even in a situation where your daughter married the other man, the ex-husband must still obtain an order terminating the spousal maintenance.
Answered on Aug 27th, 2013 at 2:39 PM
The order remains in effect and she can pursue getting her order satisfied through garnishment or contempt.
Answered on Aug 27th, 2013 at 2:39 PM
Theodore W. Robinson
Yes, the former Husband needs to file in Family Court or the original Divorce Court for a cessation of Maintenance/Alimony/spousal support. It is up to the Husband to prove that she was cohabiting with another man so that it is tantamount to being married to another man. If he can prove that as a fact, then he can stop his payments once a court issues an Order to that effect.
Answered on Aug 27th, 2013 at 2:39 PM
The answer will depend on what is in their final decree of divorce. If there is a provision that says alimony ends when she moves in with a man in a meretricious relationship (a marriage-like situation), then his alimony obligation ended when she moved in with her boyfriend. If her settlement agreement/final order of divorce only says it ends on death or remarriage (and he did not file a modification action and receive an order modifying his obligation), then your daughter's ex-husband is still required to pay alimony, including the time that she lived with her boyfriend. She can enforce his court ordered obligation through a contempt action.
Answered on Aug 27th, 2013 at 2:39 PM