Can dating lose alimony
Can dating lose alimony - thai dating site completely
A judge could find that a former spouse is indeed cohabiting if she has a serious romantic or intimate connection with her new partner.
If this is the case, the person will have to make a motion to modify spousal support by requesting a hearing in divorce or family court.
In some states, evidence of cohabitation is enough to reduce or altogether stop alimony payments.
However, other states require more evidence beyond cohabitation to justify reducing spousal support.
Should a person fail to make the alimony payments, he can be found guilty of indirect contempt of civil court which requires another case before a different judge.
However, if a person chooses to stop or reduce alimony payments before the hearing, he can demonstrate good faith by putting the payments in an interest-bearing savings account.
He should still be prepared to pay the principal and interest to the former spouse, in addition to any attorney's fees, if he loses at the hearing. It is always best to continue making payments until a court orders that spousal support be terminated.
Even if spousal support is terminated or changed, it is difficult to know whether or how a court will deal with this problem prior to a hearing.
If a person suspects a former spouse of cohabiting with someone else, he may seek to reduce or stop alimony payments.
However, states have different laws about the modification of alimony payments and the process can be complicated.
A judge may also find there is an instance of cohabitation if the former spouse and the new partner spend their free time and eat their meals at the same residential address, have or parent children together, and share bank accounts or other assets.
Other factors in determining cohabitation include whether the former spouse and her partner make contributions to common household expenses or if their relationship is recognized in the community.
The first thing to determine is if the state allows alimony to be modified.