Kryptonite
New
Reged: 04/28/08
Posts: 18
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I am wondering if anyone has any advice on my situation. My husband divorced his wife of 23 years in 2005. Though she cheated on him with another woman, he got stuck paying her $500 a month in alimony. She was perfectly capable of working, and really didn't need the money because her family is well-off.
In recent events, she's been living with this man for the past several months after they bought a home together in June 2007. Though they are not married yet, they own mutual property together. Does this classify as cohabitation? Do we even have a leg to stand on when it comes to that? I think his decree indicates non-modifiable, but I am not sure. My husband has never been a day late on his support payments, and a month ago, his shop burned to the ground in a bad warehouse fire. In short, we're struggling as it is to make ends meet to keep our house and get gas to go to work. She's been hounding us for the past few months about her support payments, even while living with her new fiancee. Could we even pursue getting the alimony decreased or terminated based on cohabitation even though they are not married yet? Thank you.
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2179
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What state ? Was the support agreed to or ordered ?
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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Sarah1014
Platinum
Reged: 04/12/07
Posts: 2268
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This may be of some help:
http://www.divorcesupport.com/ubbthreads/showflat.php?Cat=0&Board=Alimony&Number=117188&fpart=1&PHPSESSID=
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Kryptonite
New
Reged: 04/28/08
Posts: 18
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Arizona. I believe the support was ordered, but definitely not agreed upon.
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Kryptonite
New
Reged: 04/28/08
Posts: 18
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Thank you. I read that post-- I wish I knew what kind of decree he had and what state he was in.
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2179
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No , cohabitation isn't automatic grounds for modification/termination of the award . Modification is still possible if there is " a significant change in circumstances ".
25-327. Modification and termination of provisions for maintenance, support and property disposition
A. Except as otherwise provided in section 25-317, subsections F and G, the provisions of any decree respecting maintenance or support may be modified or terminated only on a showing of changed circumstances that are substantial and continuing except as to any amount that may have accrued as an arrearage before the date of notice of the motion or order to show cause to modify or terminate. The addition of health insurance coverage as defined in section 25-531 or a change in the availability of health insurance coverage may constitute a continuing and substantial change in circumstance. The provisions as to property disposition may not be revoked or modified, unless the court finds the existence of conditions that justify the reopening of a judgment under the laws of this state. Modifications and terminations are effective on the first day of the month following notice of the petition for modification or termination unless the court, for good cause shown, orders the change to become effective at a different date but not earlier than the date of filing the petition for modification or termination.
B. Unless otherwise agreed in writing or expressly provided in the decree, the obligation to pay future maintenance is terminated on the death of either party or the remarriage of the party receiving maintenance.
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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Kryptonite
New
Reged: 04/28/08
Posts: 18
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Thank you. This is very helpful. I have really been researching the internet and Arizona state laws to see what can be done. Even without the cohabitation, my husband's business was completely destroyed in a fire. In short, his paycheck was 70% of our household income. We have had to maintain our household on just my paycheck, which really only covers house bills and gas- not mortgage or insurance. I'm wondering if that is substantial enough.
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gigi
Platinum
Reged: 11/06/06
Posts: 5049
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You need to double check if his decree says "non-modifiable", in which case you may be out of luck. There are VERY few reasons where a non-modifiable term of alimony can be modified, and I believe a recent case in about that, out of Arizona, if I recall correctly, though I can't put my finger on it right now.
Find his decree. What does it say, specifically? If it was NOT agreed upon, it's automatically modifiable, by the way!
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Kryptonite
New
Reged: 04/28/08
Posts: 18
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Thank you ! I will check it tonight and post an update.
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Kryptonite
New
Reged: 04/28/08
Posts: 18
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Ok, so I found some paperwork which we can file to basically adjust the alimony. Since my husband lost his job, it really falls under the extreme circumstances or change in employment. I am not sure if that will be applicable in our situation since I looked at the decree and didn't see anything other than "this is non-modifiable". I will let you know.
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