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Paying alimony. Ex is living with paramour. Is it better to

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Paying alimony. Ex is living...
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 year ago.Category: Family Law
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Answered in 1 minute by:
11/1/2016
Family Lawyer: originallawyer, Family Law Attorney replied 1 year ago
originallawyer
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 879
Experience: 9+ years of experience in divorce, custody battles and mediation.
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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!

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Family Lawyer: originallawyer, Family Law Attorney replied 1 year ago

What does your order state regarding this situation?

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Customer reply replied 1 year ago
Ok
Customer reply replied 1 year ago
Maintenance terminates upon cohabitation or marriage
Customer reply replied 1 year ago
Problem is the court date is five months from now and that would be a sizable amount of maintenance
Customer reply replied 1 year ago
Are you there?
Family Lawyer: originallawyer, Family Law Attorney replied 1 year 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.

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Customer reply replied 1 year ago
Thank you
Family Lawyer: originallawyer, Family Law Attorney replied 1 year ago

You are welcome

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originallawyer
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Category: Family Law
Satisfied Customers: 879
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