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I certainly understand your situation and concern. The fact that her new boyfriend now lives with her and she is cohabiting with a person of the opposite sex, could give you a legal basis to seek the alimony payments to be reduced or terminated. The statute which I stated below, does allow it. However, you can not just stop paying. The reduction or termination in support, would have to be ordered by the court. You could file this motion yourself or retain an attorney, to represent your best interest. Your ex, would then have to show that she still needs the support, even if he is living with her and the burden would be on her, to do so. There is a presumption in your favor and one that she must overcome.
CAL. FAM. CODE § 4323 : California Code - Section 4323
(a)(1)Except as otherwise agreed to by the parties in writing, there is a rebutable presumption, affecting the burden of proof, of decreased need for spousal support if the supported party is cohabiting with a person of the opposite sex. Upon a determination that circumstances have changed, the court may modify or terminate the spousal support as provided for in Chapter 6 (commencing with Section 3650) of Part 1.(2)Holding oneself out to be the husband or wife of the person with whom one is cohabiting is not necessary to constitute cohabitation as the term is used in this subdivision.
(b)The income of a supporting spouse's subsequent spouse or nonmarital partner shall not be considered when determining or modifying spousal support.
(c)Nothing in this section precludes later modification or termination of spousal support on proof of change of circumstances.
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Hi Joel. Just wanted to follow up and see if the information I provided above helped answer your question. Please let me know if you have any other questions or need any clarification. Thanks!
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