She stated in an email, sent on July 9th, 2012, that I do not have to pay her alimony as of August 1st because she will be in cohabitation. Here is that email: "Joe, Per the divorce decree agreement... You will not need to provide spousal support if I cohabitate. As of August 1st you will no longer need to provide spousal support."
Today she states that I owe her alimony. I have tried to settle this by filling out a simple modification request NHJB-2201-DFS (01/01/2011) (formerly AOC 607-008) and having my ex sign it. She will not sign it.
She has now sent an email (9/22/2012), "Joe,
My attorney has reviewed and has said that until you get to court you still owe me alimony."
Is this true? I need a good family lawyer to fight for me.
She is also in violation of the parenting agreement.
Family Law Attorney
Without reviewing the court's order re: alimony, I can't say what effect cohabitation or her July 9th e-mail will have on your requirement to provide spousal support per your agreement. Generally, cohabitation alone is not enough to end or reduce spousal support payments. However, if she is indeed cohabitating and this changes her financial situation, this is a change in circumstances that might allow you to request modification of your spousal support payments, which it sounds like you are already pursuing.
Real Estate Attorney
I believed you asked this question some months ago and was advised to continuing paying until you went to court to seek a formal modification. I am sorry that you chose to not follow that advice. You should now seek an attorney as soon as possible! Good Luck to you.