what "proof" to prove cohabitation?/NC

[loc11nc]

My ex who got the house in our divorce, now has a live-in boyfriend. The house is large enough such that she has also rented the 2 upstairs bdrooms from time-to-time to various people. They are living "as a couple" but I'm fairly certain she would make that appear not to be the case if she knew I was attempting to end the alimony payments. Should I get a PI? What questions should I ask? I've read some recent articles that brought up examples such as grocery shopping together, working in the yard, etc... Thanks

 

[djohnson]

Those examples are too easily argued against as anyone can do those with your neighbor, mom or friend. If he is paying bills there, receives mail there etc... is much more usable.

 

[LdiJ]

Those examples are too easily argued against as anyone can do those with your neighbor, mom or friend. If he is paying bills there, receives mail there etc... is much more usable.

True, but if he was/is a renter, then he would automatically be recieving his mail at the house....or paying bills for his own personal phone or other services. Therefore, in this particular case I don't think that would help.....particularly since she has a history of renting out the upstairs rooms.
I think he would have to prove that they are actually a "couple".

 

[momwithacause]

My ex who got the house in our divorce, now has a live-in boyfriend. The house is large enough such that she has also rented the 2 upstairs bdrooms from time-to-time to various people. They are living "as a couple" but I'm fairly certain she would make that appear not to be the case if she knew I was attempting to end the alimony payments. Should I get a PI? What questions should I ask? I've read some recent articles that brought up examples such as grocery shopping together, working in the yard, etc... Thanks

I would definitely consider the PI route..A PI is trained in habits of others and knows when they will let there guard down. I am involved in a similiar situation. My soon to be ex lives with his girlfriend...of course, he denies everything...claims that they are just roommates. I am hiring a PI today.
The only way to get the proof that you need is pictures or video...If your ex is bold enough to have a man living with her, I am sure that she has a million and one lies to offer if you were to ask her any questions. Don't give her any suspicion...leave it up to a professional to catch her in the act.

 

[djohnson]

Usually 'renting out a room' is considered cohabitation. Look at the definition. Is she claiming this 'rent' on her taxes? Was it taken into consideration when alimony was awarded? Is this in the marital home that she was awarded? If so was the 'business' potential of making money taken into account? You can't just by pass because because they are 'renting out a room' or everyone would say that.

 

[LdiJ]

Usually 'renting out a room' is considered cohabitation. Look at the definition. Is she claiming this 'rent' on her taxes? Was it taken into consideration when alimony was awarded? Is this in the marital home that she was awarded? If so was the 'business' potential of making money taken into account? You can't just by pass because because they are 'renting out a room' or everyone would say that.

She has a pattern however of renting out rooms in her home for extra income. So that changes the nature of this. Having a roommate, even, is not considered to be cohabitation.

 

[djohnson]

She has a pattern however of renting out rooms in her home for extra income. So that changes the nature of this. Having a roommate, even, is not considered to be cohabitation.

You are incorrect, having a roommate can be considered, as they can help supplement the income and necessaries that the alimony is suppose to cover. If her renting out rooms wasn't done or taken into consideration, it can be taken back to court now for a modification if you can even prove she 'renting out the rooms'.

 

[LdiJ]

You are incorrect, having a roommate can be considered, as they can help supplement the income and necessaries that the alimony is suppose to cover. If her renting out rooms wasn't done or taken into consideration, it can be taken back to court now for a modification if you can even prove she 'renting out the rooms'.

I have yet to see a case where having a roommate or renting out rooms effected alimony. Someone is entitled to earn money while recieving alimony....in fact, they are normally expected to earn money. Alimony rarely is high enough for someone to support themselves solely with alimony.

 

[djohnson]

Earning money would mean it was claimed on taxes and was taken into account when alimony was awarded. Cohabite means literally to live at the same address and not be married. It doesn't mean having sex and/or a relationship. He doesn't have to prove a relationship, just cohabiting. The renting a room is only a valid defense if she does it correct as far as the income.