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Spousal Support modification

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monalisa92586

Junior Member
What is the name of your state? CA

Hi, I've was married for 10.5 years and received 5.3 years of spousal. I have 17 more months of support left. I have been a caregiver for my son for 10.5 years and having been taking college courses for the past 3 years.

My ex is now raising a stink because I am going to work, although before that I was a LOSER...so now he is saying he is taking me back to get rid of my spousal support because he says my boyfriend lives with me. There IS a cohabitation clause in the divorce papers, BUT, just because he is here all the time and my son has a hard time understanding "living" together, that does not mean the courts take my ex's word, do they? He has no bills here, it is MY house, we do not purchase things together, we have separate money, and he lives with his parents temporarily. I know if you "act" as husband and wife, this can be bad, but I do not feel that my "boyfriend" who helps me sometimes with babysitting and comes over and spends the night almost everyday contstitutes that.

I just would like some help in defending myself. I have done everything in my power to get an education in the time frame allowed, and now he is trying to take it from me and I will be making chump change at first. I'm not a deadbeat mom collecting, I used this to help me, not party like some moms.

I did not get lifetime support, nor did I want it.

He also now is saying that I need to refinance the house in my name that "he has not pushed the issue, but will"...how when there is NOTHING in the divorce about refinancing and the deed is in my name. I do believe he is just trying to scare me. I made all payments on time, it is not hurting his credit. Any advice on him taking me to court on either issue?

Oh, he also says he wants full custody now! It's been 4 years since we split, and we have 50/50 but i take care of him on HIS weeks before and after school, he never shows at Dr. Appts. and has never showed up at a baseball game or practice. IN fact, he refused to go when our son asked him. Last week he overmedicated him by 100mg on his medicine and did not read directions..he has had 9 no shows this year also, and never makes up vacations he takes alone. In fact I have him three weeks in a row this month, and Last month he had 2 no shows and one fri-saturday I had the son since San Diego was more important than his ball game. Is this guy serious?

I know he is, but how much of this can I bring up without sounding like I'm bashing him, when it is all true. wheww...sorry it's long, but he does not communicate and this is a frustrating issue.

Thanks!
 


LdiJ

Senior Member
monalisa92586 said:
What is the name of your state? CA

Hi, I've was married for 10.5 years and received 5.3 years of spousal. I have 17 more months of support left. I have been a caregiver for my son for 10.5 years and having been taking college courses for the past 3 years.

My ex is now raising a stink because I am going to work, although before that I was a LOSER...so now he is saying he is taking me back to get rid of my spousal support because he says my boyfriend lives with me. There IS a cohabitation clause in the divorce papers, BUT, just because he is here all the time and my son has a hard time understanding "living" together, that does not mean the courts take my ex's word, do they? He has no bills here, it is MY house, we do not purchase things together, we have separate money, and he lives with his parents temporarily. I know if you "act" as husband and wife, this can be bad, but I do not feel that my "boyfriend" who helps me sometimes with babysitting and comes over and spends the night almost everyday contstitutes that.

I just would like some help in defending myself. I have done everything in my power to get an education in the time frame allowed, and now he is trying to take it from me and I will be making chump change at first. I'm not a deadbeat mom collecting, I used this to help me, not party like some moms.

I did not get lifetime support, nor did I want it.

He also now is saying that I need to refinance the house in my name that "he has not pushed the issue, but will"...how when there is NOTHING in the divorce about refinancing and the deed is in my name. I do believe he is just trying to scare me. I made all payments on time, it is not hurting his credit. Any advice on him taking me to court on either issue?

Oh, he also says he wants full custody now! It's been 4 years since we split, and we have 50/50 but i take care of him on HIS weeks before and after school, he never shows at Dr. Appts. and has never showed up at a baseball game or practice. IN fact, he refused to go when our son asked him. Last week he overmedicated him by 100mg on his medicine and did not read directions..he has had 9 no shows this year also, and never makes up vacations he takes alone. In fact I have him three weeks in a row this month, and Last month he had 2 no shows and one fri-saturday I had the son since San Diego was more important than his ball game. Is this guy serious?

I know he is, but how much of this can I bring up without sounding like I'm bashing him, when it is all true. wheww...sorry it's long, but he does not communicate and this is a frustrating issue.

Thanks!
You may be able to argue that cohabitation doesn't exist in your case if your boyfriend is not making any financial contribution to the household or sharing any of the household bills. However if he spends the night every not its going to be hard to argue that he doesn't live there. That should probably stop.
 

monalisa92586

Junior Member
Yeah It's kinda of difficult sometimes, my son is special needs and he watches him for me until I get home from school from 7-10:20 and lives 45 min away.
 

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