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originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 799
Experience:  7+ years of experience in divorce, custody battles and mediation.
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Paying alimony. Ex is living with paramour. Is it better to

Customer Question

Paying alimony. Ex is living with paramour. Is it better to schedule a motion to and maintenance or to not pay and be held in contempt. Trying to get this issue addressed quickly
Submitted: 1 month ago.
Category: Family Law
Expert:  originallawyer replied 1 month ago.

Thanks for your question! I am working on your answer. This service is for information only. I cannot give you legal advice. Please stand by!

Expert:  originallawyer replied 1 month ago.

What does your order state regarding this situation?

Customer: replied 1 month ago.
Customer: replied 1 month ago.
Maintenance terminates upon cohabitation or marriage
Customer: replied 1 month ago.
Problem is the court date is five months from now and that would be a sizable amount of maintenance
Customer: replied 1 month ago.
Are you there?
Expert:  originallawyer replied 1 month ago.

Then your best option would be to file for modification. Simply not paying and then being held in contempt doesn't actually tell the court that you want to stop paying support. You can ask for the modification to be retroactive to the date cohabitation began, and then she'd be ordered to pay you back.

I can't tell you to not abide by a standing court order. A Judge would likely not do much to you for not paying, especially if she's already cohabitating, but it really does depend on the Judge. It might be possible to get an interim order allowing you to stop payment. Other wise, my official information to you is that it's in your best interest to continue paying.

Customer: replied 1 month ago.
Thank you
Expert:  originallawyer replied 1 month ago.

You are welcome