Should I still pay EX Spousal support

[RAYRAY23]

What is the name of your state (only U.S. law)? Virginia

If my attorney and I are taking my ex-wife back to court to stop spousal support because she is living with a guy for over a year, should I continue to pay her or should I hold back and wait for the hearing date to see what the judge decides?

 

[CSO286]

What is the name of your state (only U.S. law)? Virginia

If my attorney and I are taking my ex-wife back to court to stop spousal support because she is living with a guy for over a year, should I continue to pay her or should I hold back and wait for the hearing date to see what the judge decides?

The only thing that cancels an existing court order is a new court order.

You have to pay until ordered not to.

 

[RAYRAY23]

The only thing that cancels an existing court order is a new court order.

You have to pay until ordered not to.

My attorney states that we are going to go for back pay but if I continue to pay her and she has to reimburse me for the back pay, he states he does not think she will pay it back to me. He mentioned something of escrow account: still showing that im paying it and if we go to court and the judge says I need to pay her, then the entire amount gets cut to her, but if not, I get the check cut back to me.

 

[CSO286]

My attorney states that we are going to go for back pay but if I continue to pay her and she has to reimburse me for the back pay, he states he does not think she will pay it back to me. He mentioned something of escrow account: still showing that im paying it and if we go to court and the judge says I need to pay her, then the entire amount gets cut to her, but if not, I get the check cut back to me.

Why didn't you file when she first started cohabitating?

 

[ecmst12]

You are paying an attorney, listen to him!

 

[RAYRAY23]

Why didn't you file when she first started cohabitating?

Because in VA you have to live with someone for 1 year to be considered cohabiting. So if I took her back to court then, it would not have mattered and she probably would have not allowed him to live with her.

 

[tuffbrk]

I hope you have a preponderance of evidence to prove cohabitation. Those wily exes know all the ways to skirt around it! Please let us know how you do.

 

[Zigner]

Because in VA you have to live with someone for 1 year to be considered cohabiting. So if I took her back to court then, it would not have mattered and she probably would have not allowed him to live with her.

So, if that is the case, then what "back" amounts are you talking about? Cohabitation would only have started after that year was up.

Seriously, listen to your attorney.

 

[tuffbrk]

Most times it is retro to the date of filing.

I've never heard of a year's requirement for cohabitation prior to being able to file for a change of circumstances. I googled but didn't come across it.

However, the couple does have to hold themselves out as a married couple and be in a relationship so it may be that the attorney noted a trend in the court's rulings that if the relationship is under a year old, then it may not be perceived as "longstanding." If it is not longstanding, the relationship may fall apart leaving the previously dependent spouse unsupported again...