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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16394
Experience:  Licensed experienced Attorney
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My son was held in contempt of alimony back payments and today

Customer Question

My son was held in contempt of alimony back payments and today had to pay a large amount of money or go to jail on June 10th. In the divorce decree, it is stated that the alimony would be void if his ex, cohabitated. She has been for the last year or so, but at the time he went to court for the contempt charge, his attorney said he was not allowed to bring that up, because it had to be filed against her separately. I don't understand, but now that we lent him the huge sum,to save his going to jail and it was given to her, is there a way to file a charge that she collected it knowing that she had moved her boyfriend in with the children and her? The children said he lives there every day except Tuesday and Thursday.
Submitted: 1 year ago.
Category: Family Law
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is ***** ***** I will be happy to answer your question.
I am sorry to hear about this unfortunate situation.
Unfortunately, generally, unless the alimony is terminated by the court upon the Petition from the ex-spouse who is ordered to pay alimony, the alimony cannot be stopped retroactively because the ex-spouse is cohabiting, but can only be stopped going forward from the time the Petition to Terminate Alimony is filed or the hearing is held on the Petition.
So, if your son had evidence that his ex cohabited, he should have filed the petition to terminate alimony right away, otherwise the alimony obligation would continue, until Petition to Terminate Alimony is filed with the court and granted by the judge.
I am very sorry to provide you with this bad news, but please understand that I do have professional obligation to provide JustAnswer.com customers with correct answers, even when answer is not favorable to the customer.
I wish you the best of luck and God bless you!
Expert:  Alex J. Esq. replied 1 year ago.
Do you have any related follow up questions?
If not, please positively rate and accept my answer, so I can be compensated for my work.
Thank you.

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