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Termination of alimony payments

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bluesinger

Junior Member
alimony payments

I filed for divorce from my wife but we are living together. She filed and got child support
and got alimony when we were seperated. Is she still entitiled to alimony while i am living there? We are still getting divorced. I live in Nj
 

LdiJ

Senior Member
I filed for divorce from my wife but we are living together. She filed and got child support
and got alimony when we were seperated. Is she still entitiled to alimony while i am living there? We are still getting divorced. I live in Nj
She is entitled to alimony and child support for as long as there is an existing court order.
 

garrula lingua

Senior Member
Keiko,
I don't think anyone who is a regular contributor to this site is a NY Matrimonial lawyer.
Your question is specific to New York. Seek the advice of a NY atty - many will offer free consultations.

Cohabitation makes a difference in many states - in CA, it could terminate the divorce process and can be the basis for recalculation of child support arrears, and non-payment of alimony (monies already paid, however, can be seen as gifts or maintenance).

Even if the parties decide to continue the divorce process, the original petition, as filed, is now incorrect. The stated separation date has changed.
The date to divide debts/assets is murky.


The correct process is for the Petitioner to dismiss the action, advising the court that the parties are now reconciling, and ask the court to terminate all orders previously made.

If the parties remain together and allow the orders to remain in place, the obligor should keep proof of the cohabitation (names & addresses on file with school [update them], mail delivery, addresses for work, driver's licenses, insurance, etc.)
 
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