Cha, cha, changes?

[tuffut]

What is the name of your state? Florida
Married in 1988
4 kids ranging from 16 to 8
Wife had not worked since 93
Divorced 2005
Wife granted permanent alimony and child support - almost equal amounts.
Wife granted use of marital home until last child is majority

Within a few months after divorce the ex-wife brought in another man to live with her and the kids. I am fully aware of the May 2005 Florida statue change to remove/reduce alimony in cases of cohabitation. I was waiting on that to find the $ for court action.

Now it get more interesting. She recently got pregnant by this man. No word yet on if she will marry him (and release me from alimony). My question is if she doesn't, is my case still just as pricey to take to court once the baby is born?

Most of the cost is in getting the evidence of a shared life and $. If there is a legal birth certificate stating the names, it would seem to that along with "where do you live, sir?" will suffice for proving cohabitation.

Thoughts anyone? No point in harping how bad my original lawyer was in letting me get perm alimony - it is what it is. I'm not bitter, just looking to improve my situation.

[Bali Hai]

Originally Posted by tuffut

What is the name of your state? Florida
Married in 1988
4 kids ranging from 16 to 8
Wife had not worked since 93
Divorced 2005
Wife granted permanent alimony and child support - almost equal amounts.
Wife granted use of marital home until last child is majority

Within a few months after divorce the ex-wife brought in another man to live with her and the kids. I am fully aware of the May 2005 Florida statue change to remove/reduce alimony in cases of cohabitation. I was waiting on that to find the $ for court action.

I suggest you DON'T wait any longer.

Now it get more interesting. She recently got pregnant by this man. No word yet on if she will marry him (and release me from alimony).

Don't count on it.

My question is if she doesn't, is my case still just as pricey to take to court once the baby is born?

Look, if you don't take the case to court, you won't get any relief. Personally, I think having her appear with a big belly would impress the judge tremendously!!

Most of the cost is in getting the evidence of a shared life and $. If there is a legal birth certificate stating the names, it would seem to that along with "where do you live, sir?" will suffice for proving cohabitation.

Don't bet on it. These courts are geared toward giving the woman every break they can while sticking it to the man.

Thoughts anyone? No point in harping how bad my original lawyer was in letting me get perm alimony - it is what it is. I'm not bitter, just looking to improve my situation.

Get another lawyer. Interview them just like you would if hiring someone to do a job for you. Remember YOU are the boss. If you have ANY reservations about an attorney after the interview, keep looking!!

[tuffut]

Thank Bali.

Is there a way to find out a lawyers experience with the cohabitaton statute?

[tuffut]

Really what I am looking for is to find a lawyer who has gone to court on that statute. No one I have talked to seems to have any direct experience yet.

[Bali Hai]

Originally Posted by tuffut

Really what I am looking for is to find a lawyer who has gone to court on that statute. No one I have talked to seems to have any direct experience yet.

That's because the system is scared sh!tless of these women!! Scared they will lose a vote!!

These lawyers are reluctant to take "that poor woman" to court and stress their relationship with the judge.

I can understand your situation, the lawyers I've talked to seem very eager to get a client until they hear the case involves talking a woman to court to reduce or eliminate alimony!!