Terminating Alimony

[cashcow]

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

My husband pays alimony to his ex-wife and we have recently discovered that her boyfriend is living with her. We are going to have the alimony terminated, but it will take several months to get into to court and to gather all of the necessay evidence. I was wondering if anyone knows whether or not she might be made to pay us back for the time she has been cohabitating.

Thanks!

[Bali Hai]

Originally Posted by cashcow

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

My husband pays alimony to his ex-wife and we have recently discovered that her boyfriend is living with her. We are going to have the alimony terminated, but it will take several months to get into to court and to gather all of the necessay evidence. I was wondering if anyone knows whether or not she might be made to pay us back for the time she has been cohabitating.

Thanks!

Well that is certainly an option you can present to the court. Also, your husband might consider making a motion for show cause for her contempt of court since she did not inform him that was cohabitating and possibly violating the divorce decree. Also your husband should demand that she pay his attorney fees that incurred as a result of her contempt.

[tuffbrk]

Originally Posted by cashcow

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

My husband pays alimony to his ex-wife and we have recently discovered that her boyfriend is living with her. We are going to have the alimony terminated, but it will take several months to get into to court and to gather all of the necessay evidence. I was wondering if anyone knows whether or not she might be made to pay us back for the time she has been cohabitating.

Thanks!

Get someone to videotape the freeloader post haste. Make certain that they are ready, willing and able to be deposed. Once you have it - visit an attorney, have them charge her with misrepresentation, request reimbursement and hubby's attorney's fees paid.

You both must be deliriously happy to have made this discovery. I'm jealous - my Ex was said to have been working but I've been unable to confirm....Good luck to you. Please come back and let us know how it goes when you get to an attorney.

[cashcow]

Originally Posted by tuffbrk

Get someone to videotape the freeloader post haste. Make certain that they are ready, willing and able to be deposed. Once you have it - visit an attorney, have them charge her with misrepresentation, request reimbursement and hubby's attorney's fees paid.

You both must be deliriously happy to have made this discovery. I'm jealous - my Ex was said to have been working but I've been unable to confirm....Good luck to you. Please come back and let us know how it goes when you get to an attorney.

Yes, we are thrilled to have this info and hopefully put an end to this. We are speaking to a PI this afternoon! I'll update w/ the news.

[cashcow]

We had our first meeting with the PI and it'll cost us (more) to get this going. He charges $85/hr. with an $1800 retainer. Ouch. But fortuantely for us, the Separation Agreement says that if we have to take it to court for a modification and win, the losing party pays court costs and legal fees, and this, will be considered a legal fee.

[Bali Hai]

Originally Posted by cashcow

We had our first meeting with the PI and it'll cost us (more) to get this going. He charges $85/hr. with an $1800 retainer. Ouch. But fortuantely for us, the Separation Agreement says that if we have to take it to court for a modification and win, the losing party pays court costs and legal fees, and this, will be considered a legal fee.

I hope your husband prevails. Please do keep us posted.

I'll be the first of the few to off my congratulations. The majority of the other frequenters on this site will show you their claws and fangs!!

[LdiJ]

Originally Posted by cashcow

We had our first meeting with the PI and it'll cost us (more) to get this going. He charges $85/hr. with an $1800 retainer. Ouch. But fortuantely for us, the Separation Agreement says that if we have to take it to court for a modification and win, the losing party pays court costs and legal fees, and this, will be considered a legal fee.

If the court order says that, wouldn't it be wiser to simply confront her about it and remind her that if it has to be taken to court that she will be responsible for the attorney fees? She might simply agree to vacate the order since she knows that she will be stuck with more cost if she lets it go to court.

[Bali Hai]

Originally Posted by LdiJ

If the court order says that, wouldn't it be wiser to simply confront her about it and remind her that if it has to be taken to court that she will be responsible for the attorney fees? She might simply agree to vacate the order since she knows that she will be stuck with more cost if she lets it go to court.

OMG!!! The husband would lose the case for sure if he did that! How long do you think it would take the blood sucker to kick the boyfriend out if she knew she could lose her alimony??