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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111492
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I M TRYING TO PROVE CO-HABITATION OF MY EX SO i CAN STOP THE

Customer Question

I M TRYING TO PROVE CO-HABITATION OF MY EX SO i CAN STOP THE ALIMONY PAYMENTS ANY SUGGESTIONS?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: I LIVE IN NORTH CAROLINA HE LIVES IN SOUTH CAROLINA
JA: Have you talked to a laywer yet?
Customer: I have spoken to the one who handled the divorce.....but she seems to think i have to prove financial benefit of the "relationship" im not sure yhat is yhe case
JA: Anything else you want the lawyer to know before I connect you?
Customer: i have a PI compiling evidence and he has told me he knows they are cohabitating
Submitted: 2 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, NC is in the minority of states that says when an alimony agreement contains a cohabitation clause, in order to succeed on a cohabitation claim, you must prove your ex is receiving some economic benefit, meaning show he is paying some expenses or bills at the house or groceries or supporting her in some other manner. I am afraid this is quite difficult, but not impossible. It would require you to hire a private investigator in SC to get the preliminary information and then you would need to get your attorney in NC to file a motion to terminate support and as part of that your attorney has to subpoena all the bill records from her living in SC and bank account records of both your ex and the person she is living with to prove the economic benefit. It is not a simple process, but if you want to cut the alimony it is the only way to do it I am afraid.

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