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Co-habitation

sixteensmom's picture

Submitted by sixteensmom on Thu, 07/17/2014 - 10:48pm

So the point of the co stating alimony ends if she cohabitates is due to the second income in the home helping to pay her bills, right... Smile

See where I'm going? If adult ss, college grad with a ft job, chooses to live with momma, that's a second income paying her bills ...

thus alimony should be no more??? anyone ever see this angle working ?

Comments

sixteensmom's picture

Submitted by sixteensmom on Fri, 07/18/2014 - 11:57pm

I don't but it's entertaining to think about dragging it to court.
The kid didn't move back in... he never left.
on her financial affidavit she claims all his expenses, but for household income she doesn't count any of his.
and we KNOW for certain she makes him pay rent and cell and groceries and part of the utilities and cable.

kathc's picture

Submitted by kathc on Fri, 07/18/2014 - 12:17pm

Actually, HRNYC is correct on this.

Maybe in YOUR state they would change the alimony amount based on income but I have known people in several states who've either paid or been paid alimony and there is never any change to the amount unless it was agreed upon at time of order. But it was never adjusted according to income.

kathc's picture

Submitted by kathc on Fri, 07/18/2014 - 12:12pm

Don't get excited. They're not going to consider her to be co-habitating with her child.

sixteensmom's picture

Submitted by sixteensmom on Sat, 07/19/2014 - 12:05am

well damn it all to hell. LOL! didn't mean to start a war here.

fwiw I did find this - Cohabitation is an arrangement where two people who are not married live together in an emotionally and/or sexually intimate relationship on a long-term or permanent basis. More broadly, the term cohabitation can mean any number of people living together.

However, I'm not trying to say she's sleeping with the kid or that a kid living with her is TECHNICALLY cohabitation. Although it is another person helping her pay the bills, which is the point of the clause in the decree.

Here's the deal. Alimony was satisfied in full, she filed for more. yes, it happens, it's legal, anyone can sue you for anything, and you have to play the game. so we're playing the game. in her financial affidavits she lists all of the kids expenses but none of his income.

we're waiting for a hearing on some motions to compel her to provide more info and sanctions to make her pay for us chasing her info. in the meantime I'm gearing up for the next round of entertainment and thinking...

hey... no fair!

and he didn't move out and come back. he never left!

she's teaching him to be a mooch victim like she is.