Cohabitation

[skyspirit]

What is the name of your state? Ohio

My husband's ex was awarded alimony. There wasn't anything specific in the papers that mentioned cohabitation, but alimony is to continue until she remarries, dies, or until 11/2007. From what I understand, cohabitation in Ohio (if proved) is automatic grounds for dismissal of alimony regardless if it is specified or not.. and that's my question.

She has been living with her ex-boyfriend (they have a 24 year old daughter together) who recently got out of prison for Gross Sexual Imposition. The dude is a sexual preditor of children--he had 2 rape and kidnapping charges--one for a 5 year old girl and one for a 6 year old girl. He beat one charge altogether (although everyone knew he did it) and the other was reduced to GSI. He spent a few years in prison and was supposed to register his address. Well...He moved in with her and didn't register. Their apartment was 10 feet from the door to the Visitation Center at Children's Services, and there is a school on each end of the street with a park. Anyway, he got arrested the other day for Failure to Register (F-3), and it lists HER address.

Is that proof enough?


Thanks.
Sky

 

[Bali Hai]

What is the name of your state? Ohio

My husband's ex was awarded alimony. There wasn't anything specific in the papers that mentioned cohabitation, but alimony is to continue until she remarries, dies, or until 11/2007. From what I understand, cohabitation in Ohio (if proved) is automatic grounds for dismissal of alimony regardless if it is specified or not.. and that's my question.

Ending alimony is not automatic until the end date on the divorce decree (11/2007).

She has been living with her ex-boyfriend (they have a 24 year old daughter together) who recently got out of prison for Gross Sexual Imposition. The dude is a sexual preditor of children--he had 2 rape and kidnapping charges--one for a 5 year old girl and one for a 6 year old girl. He beat one charge altogether (although everyone knew he did it) and the other was reduced to GSI. He spent a few years in prison and was supposed to register his address. Well...He moved in with her and didn't register. Their apartment was 10 feet from the door to the Visitation Center at Children's Services, and there is a school on each end of the street with a park. Anyway, he got arrested the other day for Failure to Register (F-3), and it lists HER address.

Is that proof enough?


Thanks.
Sky

The b/f's conviction record has nothing to do with alimony.

 

[BelizeBreeze]

Anyway, he got arrested the other day for Failure to Register (F-3), and it lists HER address.

While there is no specific statute outlining the definition of cohabitation in Ohio, the following is a brief synopsis of the procedures and case law.

If the decree that orders permanent spousal support makes a specific provision that permits the court to modify the spousal support award, the court retains jurisdiction to hear any motion requesting a modification of the existing award. The court can expressly reserve jurisdiction in its order in a contested divorce matter or the parties can agree, in a separation agreement that is subsequently incorporated into a divorce decree, to make spousal support modifiable. If there is no provision contained in the divorce decree (or a separation agreement incorporated into a divorce decree) that reserves the jurisdiction of the court to modify the spousal support award, the award in not modifiable.

Because of a change in the law, divorce decrees filed before May 2, l986, and not arising out of a separation agreement incorporated into a decree, do not have to have a specific reservation of jurisdiction in order for the court to consider a modification or termination of spousal support.

Divorce decrees which incorporate separation agreements and which were entered on or before June 23, l976 are not modifiable unless there has been a mistake, misrepresentation, fraud, or an express reservation of jurisdiction to modify. Divorce decrees which incorporate separation agreements and which were entered after June 23, l976 but before May 2, l986 are modifiable and such modification is not limited only to situations of mistake, misrepresentation, fraud, and the separation agreement or decree does not have to have an express reservation of jurisdiction to modify.

If the court has retained jurisdiction to modify spousal support (or under the other situations described above where the court may modify), it may only do so where the court determines that there has been a material or substantial change in the circumstances of either party that could not reasonably have been anticipated at the time of the original decree. A change in circumstance includes:

Altered economic conditions (i.e. an involuntary decrease in income);
Remarriage of the recipient;
Death;
Entering into a relationship in another state that would constitute a valid marriage in Ohio;
Post-decree cohabitation in certain situations;
Payor's increased ability to pay;
Retirement; and
Other circumstances.

 

[Duffy17]

Proving remarriage

What if the ex-spouse is substantially representing herself as married (applying for marital benefits, using the last name of her boyfriend). Do I have to prove remarriage by finding a marriage record? There is no national database of marriage records. What is the standard for when an ex is considered remarried? In Ohio, common law marriages went away back in the '90s, but it would seem that if the ex is in many other ways enjoying the benefits of marriage (and even using a new last name of her partner) isn't that enough?? Is it possible to prove that a fraud on the court has been executed?

 

[stealth2]

What if the ex-spouse is substantially representing herself as married (applying for marital benefits, using the last name of her boyfriend). Do I have to prove remarriage by finding a marriage record? There is no national database of marriage records. What is the standard for when an ex is considered remarried? In Ohio, common law marriages went away back in the '90s, but it would seem that if the ex is in many other ways enjoying the benefits of marriage (and even using a new last name of her partner) isn't that enough?? Is it possible to prove that a fraud on the court has been executed?

Please don't necropost - this is a 6yo thread. Thanks.

ETA - start your own thread...