Cohabitating

Your divorce and child custody agreements are final, get practical tips for moving on with your life after divorce.

Re: Cohabitating

Unread postby massdad1234 » Tue Jan 09, 2018 11:52 am

agreed, that is how you have all your rounds in the magazine. Even better, he flipped his earlier attempt/failure to his advantage.

OP - do you have all the information above that would build your case? Just because he put a baby in her vagina doesn't mean you have what it takes.

How long are you on the hook for spousal? What is the cost benefit of having it reduced/eliminated?
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Re: Cohabitating

Unread postby dad2grls » Tue Jan 09, 2018 12:23 pm

massdad1234 wrote:How long are you on the hook for spousal? What is the cost benefit of having it reduced/eliminated?


Already answered on page 1 of this thread. Read before you post, it's a real time saver.
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Re: Cohabitating

Unread postby RonSwanson » Tue Jan 09, 2018 12:24 pm

If they have social media (ex says she doesn't), I'm blocked from it. I have another three years of SS. My daughter told me that he moved in a couple of weeks ago. Wouldn't the fact that he's the father AND living with her be enough proof of cohabitation?
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Re: Cohabitating

Unread postby dad2grls » Tue Jan 09, 2018 12:31 pm

Unfortunately it's not that easy. The petitioner requesting a support modification usually must clearly establish that the payee have a financial relationship and that he is contributing to the bills.

It's difficult to prove. Might be worth speaking to an attorney because they'd have a better idea of what your chances would be for a successful modification based on rulings in your geographic location.

If you approach her about this matter, it's unlikely that she'd say "sure thing let's just eliminate the support", I mean who would do that unless they've got money to burn? If anything it will put her on notice and if she has half a brain she'll research what hoops you'd need to jump through to prove your case and do whatever she can to cover herself legally.
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Re: Cohabitating

Unread postby Trevor » Tue Jan 09, 2018 12:31 pm

massdad1234 wrote: Just because he put a baby in her vagina

[Sidebar][Rhet.] Um, that's not how that works.[Carry on]
"Personal density is directly proportional to temporal bandwidth."
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Re: Cohabitating

Unread postby lovingfatherof2 » Tue Jan 09, 2018 1:01 pm

This is one of those subjects that you will have to ask a local attorney about. They would be able to tell you what kind of evidence you would need to prevail.
the funniest thing about this particular signature is that by the time you realize it doesn't say anything it's to late to stop reading it
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Re: Cohabitating

Unread postby Fatheroffour » Tue Jan 09, 2018 1:04 pm

Wouldn't the fact that he's the father AND living with her be enough proof of cohabitation?


No.

There is a specific legal definition specific to your state of cohabiting as it relates to spousal support beyond what you will find in Websters.
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Re: Cohabitating

Unread postby gabby » Tue Jan 09, 2018 1:29 pm

steelmark wrote:This may not be the slam dunk you think it is, the burden of proof & statutes will vary.

Hopefully some guys from CA with experience in ending SS with cohabitation can chime in.

I have a cohabitation clause in my own decree, my lawyer told me it’s tough to prove, “in kind” income would need to be proven and it’s easy for the cohabitating couple to work around the system.

I’m not sure I’ve read any successful elimination of SS due to cohabitation in the few years I’ve been on this board. Remarriage is black and white, cohabitation isn’t.

How close to the end of SS are you? Cost/benefit time, proving it won’t be free, and you still could lose.


My co-habitation clause worked for me.

NJ moved Mr. Wonderful into the house the day we got divorced.I said nothing. On back to school night, you have to verify and sign proof of residence of the children who will be going to school in the district.This form also serves as to who is authorized to pick up the children, and my signature was below theirs. NJ's name and my kids name at the current address, Mr. Wundy's name and his kids, at the same address. I said nothing, I did wait a bit until after the happy couple left, and asked for a copy for "my records" I said nothing after that.

I called my attorney about what happened and had her get a consent order ready to end support and to adjust the child support figures. Everything but the date, I was going to wait, it was only September, so I planned on waiting until after Christmas, let them get comfy and all family like. I didn't want to kick up the dust as the first round hadn't settled yet. After the first of the year, I pulled the trigger. NJ called me when she got the order, I told her I had her dead to rights, and I know she couldn't afford to go to court. I told her that I would meet her at the bank, so we could both sign it in front of a Notary, she agreed. I dropped the signed order off at my attorneys office on the way home from the bank.Could she have fought it and said they were just room mates? Sure, but I didn't give her the time to think about it, and sold her on the fact of high court costs that she couldn't afford, and how solid ( not very ) my case was.

Plan your work, and work your plan, and keep your mouth SHUT! <---- This way of dealing with a NJ post D about any matter, will serve you well. I only paid four months alimony on a four year sentence.
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Re: Cohabitating

Unread postby LovingDadof2 » Tue Jan 09, 2018 1:41 pm

^ Another well played!
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Re: Cohabitating

Unread postby RonSwanson » Tue Jan 09, 2018 2:04 pm

gabby wrote:I called my attorney about what happened and had her get a consent order ready to end support and to adjust the child support figures..


Do you have to have an attorney do the consent order, or could I just file an RFO?
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