Alimony ending due to ex being remarried - what do i do?

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Alimony ending due to ex being remarried - what do i do?

Unread postby 44holby » Fri Jan 12, 2018 9:30 am

I live in Ohio. Within in my decree it specifically states that the Alimony would stop if other party (ex) would remarry. I also manually wire money to her each month to pay for the alimony. I have been paying for three years and have another years left for the full term - without missing one payment.

My question is, do I need to do anything when the remarriage takes place? Do I need to file something with the courts to make this legal and remove this court order? If so, do you know what I would do. Or do I just stop making payments - and by default of the decree this is all I have to do?

Any help is appreciated!
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Re: Alimony ending due to ex being remarried - what do i do?

Unread postby grandet2 » Fri Jan 12, 2018 9:35 am

How do you know she married?
Did she tell you?
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Re: Alimony ending due to ex being remarried - what do i do?

Unread postby 44holby » Fri Jan 12, 2018 9:45 am

grandet2 wrote:How do you know she married?
Did she tell you?


She did not tell me, but I have two adult children (Ages 18 and 21) and she is having them be in the wedding. Which is scheduled in the next month.
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Re: Alimony ending due to ex being remarried - what do i do?

Unread postby massdad1234 » Fri Jan 12, 2018 10:20 am

if possible, look for public records, pay for them if you must. I would then take that with your agreement and file for termination (non-modifiable) of spousal.

Don't say a word (radio silence!!!) until it is finalized (blessed) and legal. No need to tip your hand. No need to open your yap period. Just play dumb and push the papers, small time pain for long term gain.
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Re: Alimony ending due to ex being remarried - what do i do?

Unread postby grandet2 » Fri Jan 12, 2018 10:32 am

You can file motion yourself, pretty straight forward, make sure you when you file make it retro to date of wedding.

1. wait for wedding,
2. get proof
3. file motion retro to date from #2
4. Stop paying citing previous order.

Or get proof and stop paying and stay quiet till she initiates something, maybe others can chime in here.
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Re: Alimony ending due to ex being remarried - what do i do?

Unread postby TJinCA » Fri Jan 12, 2018 10:39 am

Not a lawyer, but I don't see where you need to get any "proof" or file anything with the court. You've already got an order that says that your obligation ends on her remarriage, so once you're confident that the marriage has taken place you can just stop paying.

What's she going to do? Take you to court and try to prove she's not married, when it's a matter of public record? Seems like that would be stupid on her part.
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Re: Alimony ending due to ex being remarried - what do i do?

Unread postby massdad1234 » Fri Jan 12, 2018 10:40 am

not solid advice above. The only way you make sure you don't have to get put through the ringer validating it is to dot I's and cross T's. Get official proof of marriage. That plus your decree will make sure you have zero issues.
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Re: Alimony ending due to ex being remarried - what do i do?

Unread postby Broken Machine » Fri Jan 12, 2018 10:41 am

Does Ohio have a website where you can view court dockets? My state has one and you can search and find marriage licenses as well. If your state has such a site, see if you can find the marriage license. It doesn't prove that they are married but it will be one more piece to the paper trail when you do go to the court to end the alimony.
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Re: Alimony ending due to ex being remarried - what do i do?

Unread postby TJinCA » Fri Jan 12, 2018 12:21 pm

massdad1234 wrote:not solid advice above. The only way you make sure you don't have to get put through the ringer validating it is to dot I's and cross T's. Get official proof of marriage. That plus your decree will make sure you have zero issues.


Yeah, I agree that it would be a good idea to obtain documentary proof of the marriage if you think there's any chance that your ex will protest or make trouble. But I'd still maintain that no action is necessary with the court given that the decree already says that support terminates upon remarriage.
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Re: Alimony ending due to ex being remarried - what do i do?

Unread postby Trevor » Fri Jan 12, 2018 12:29 pm

44holby wrote:Within in my decree it specifically states that the Alimony would stop if other party (ex) would remarry.

Pls cite the exact language f the clause (redact the names).

Some states don't allow self-executing clauses. Make sure you know for sure your requirements.
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