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  #1  
Old 03-03-2009, 11:08 AM
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co-habitation-legal definition/what should I take to court to prove that he is not li

What is the name of your state (only U.S. law)? north carolina-
I filed a civil complaint for money owed. My ex owes me 2 months of support.there is a memo of separation that says he has to pay me(after the kids are 18) spousal support for me.there was also a mediation two months ago saying that he must pay me spousal support by the 15 of each month.
He is claiming co-habitation saying he will not pay me. I got engaged christmas of this year. My fiance has his own house, pays his own bills, and has three businesses to run. I have my own house, pay my own bills, and am disabled as of 1990. He stays with me when he comes to take me out , as he lives 1 hour away. He is leaving it up to me as far as setting the date of marriage. I want to make sure this is the right thing to do.
What must I take to court to prove he is not co-habitating with me?What is the name of your state (only U.S. law)?
  #2  
Old 03-03-2009, 11:23 AM
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Is it in the order that co-habitation voids child support?

What does the order and your lawyer say?

That is the bottom line. This sounds like something ex pulled out of rear...
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  #3  
Old 03-03-2009, 11:32 PM
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There was no order, Only a memo of seperation signed by me,my ex, and my lawyer. It states that this obligation will cease after death, marriage or co-habitation with a person of the opposite sex. The reason we did this is so it will not be public knowlege.

Since then, we went through mediation. It is a order signed by a judge that he pays me support by the 15th of each month.

I have been contacted by my lawyer.She wants to know if in fact I am co-habitating. I replied no. I see it as the way you see it. a last ditch effort not to pay the money.
  #4  
Old 03-03-2009, 11:36 PM
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what do I need as evidence that co-habitation did not occur??
  #5  
Old 03-04-2009, 01:01 AM
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Quote:
Originally Posted by dance 1001 View Post
what do I need as evidence that co-habitation did not occur??
Its not actually up to you to prove that you are not co-habitating. Its up to him to prove that you are.

However, your fiance should probably be prepared to provide evidence that he has his own household, and you should probably be prepared to provide evidence that you have your own as well.
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  #6  
Old 03-04-2009, 10:25 AM
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If you are not divorced, than he is not your ex and having sex with another man is adultery. That is not a moral judgment. You are not divorced.
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  #7  
Old 03-04-2009, 02:06 PM
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I am divorced as of 2003.

I am divorced as of 2003.
  #8  
Old 03-04-2009, 02:16 PM
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What must I prove that he is not co-habitating with me?

Utility names? mailing address? canceled checks? bank account records?Can you think of anything else?
  #9  
Old 03-04-2009, 03:38 PM
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Quote:
Originally Posted by dance 1001 View Post
I am divorced as of 2003.
Then what do you mean by this?:

Quote:
there is a memo of separation that says he has to pay me(after the kids are 18) spousal support for me
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  #10  
Old 03-04-2009, 03:44 PM
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I have a divorce legally as of 2003 signed by a judge and on record

I have a divorce as of 2003 signed by a judge and on record at the courthouse. I have a copy of that too.
  #11  
Old 03-04-2009, 03:48 PM
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Quote:
Originally Posted by dance 1001 View Post
I have a divorce as of 2003 signed by a judge and on record at the courthouse. I have a copy of that too.

Then what do you mean by this?:
Quote:
there is a memo of separation that says he has to pay me(after the kids are 18) spousal support for me
__________________
*
*
The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
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