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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37116
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Hello, I have a question that is rather complicated. I recieve

Resolved Question:

Hello,
I have a question that is rather complicated. I recieve alimony from my Ex husband who lives in Massachusetts. I reside in Maryland and have been brought back to court regarding ending my alimony because I bought a house and live with another man (more than 90 days) that is grounds to end alimony as the law had changed in MA last march. However, I am disabled and have not worked for 5 years. I am legally blind, and have many organ complications because of Type 1 Diabetes for almost 40 years. Also I am on an insulin pump. I am wondering if I have any rights being disabled (proof has already been shown and my ex-husband is aware of my illnesses). I have to wait for a Judge to decide on Oct 1 2013 whether or not my alimony will be ending or reduced. I need this alimony to pay for out of state medical cost and RX I take daily. The stress has weakened me further and is a continual harassment in my life. Is there anything I can do so that this can be proven to a judge? My current lawyer is not aggressive and I need this alimony to live. I have no intention of marriage to this man now. This is my livelihood to survive with my health and my diabetic complications. I also have chronic Kidney disease. Sincerely,
Linda
Submitted: 1 year ago.
Category: Legal
Expert:  Andrea, Esq. replied 1 year ago.

Dear Customer, My name is XXXXX XXXXX my goal is to provide you with Excellent Service. I am sorry to hear of your failing health and would like to help in any way I can. But, the best thing I can do for you is to maintain my ethical obligation to you to give you only correct Answers and information.

 

Until recently, a divorced spouse could cohabit with their significant other without their alimony payments being affected. With the enactment of the Massachusetts Alimony Reform Act, a former spouse who pays alimony to his former spouse who cohabits with their "significant" other for more than 90 days, may have the alimony modified, reduced, or terminated. However, the Act provides that the facts and circumstances of each case shall be examined to see if there are any extenuating circumstances.

 

Please keep in mind that the Massachusetts Alimony Reform Act made some very wide sweeping changes. You would have a much better chance of keeping your alimony at the present level if you were not cohabitating with another individual, so anything that you can do from now until the hearing date will certainly help your case.

 

__________________________________________________________________

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

Customer: replied 1 year ago.

I am aware of the law in Massachusetts. But I have doctors letters and proof of how I can not live alone. ADA, does not get involved, however to me this is discrimination of my disability which my Ex is fully aware of my health status.

Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your post. A different contributor here. I see that you opted out from your previous professional. Was that in error? How can I further assist you?
Customer: replied 1 year ago.

The answer I received was the law which I am fully aware of the current change.


 


 



Friday, June 28, 2013 1:44 PM EST




I am aware of the law in Massachusetts. But I have doctors letters and proof of how I can not live alone. The ADA, does not get involved, however to me this is discrimination of my disability which my Ex is fully aware of my health status. How can this be allowed if I am legally blind, and have other health issues where I can not live alone?


 


Expert:  Dimitry K., Esq. replied 1 year ago.
My apologies but we here generally do not know what you know, as this isn't a face-to-face conversation. That is likely why the previous professional explained the workings of the law in case you weren't aware.

Now, I would very happy to respond and provide you with my answer--I am, however, concerned that if I provide you with an answer that is not favorable to you but is still an honest and correct analysis of this situation, you will rate the response as 'poor' or request a new professional to assist you. May I be frank and professional with you about what is and what is not ADA discrimination or other factors that you have listed so you can better evaluate your options? Please advise.
Customer: replied 1 year ago.

Yes, now that would be helpful.

Expert:  Dimitry K., Esq. replied 1 year ago.

Great, thank you very much.

First of all family law requirements and ADA requirements are completely separate branches of the law, and one does not really affect the other. In terms of claiming ADA protection, if you can show that the person who lives with you is a hired caregiver, then it would go a long way toward claiming that this isn't a violation of cohabitation rules since the person is not really residing with you as he is providing a service. But if the person you cohabitate with has had, or has an intimate or a romantic relationship with you, then this isn't an ADA violation because it has nothing to do with your disability and everything to do with an outside relationship that is governed under state law.

The ADA protects individuals from being discriminated against if they have an impairment, thought to have an impairment, or had an impairment in the past. It does not legislate relationship or how private individuals choose to live with one another. This isn't an issue with some additional reasonable accommodation, purchasing a home with someone else is very much a partnership of sorts and that is exactly what that law is supposed to legislate. Having someone residing with you who provides you with care and service is fine--that obviously does not violate the ADA and it is a reasonable explanation under the Massachusetts Alimony Reform Act, but buying a home with someone and residing with them is completely different.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37116
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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