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Am I in trouble?? My ex stated in an email that I do not need to pay her alimony as of 8/1/12 cuz she is in cohabitation.

Nashua, NH |

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.

Attorney Answers 2

Posted

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.

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2 comments

Asker

Posted

My divorce decree states "Alimony will terminate upon remarriage of Regina or if Regina cohabitates Joe can seek and review under this paragraph."

Asker

Posted

The problem is, my ex emailed me stating that I do not have to pay her alimony any longer so I stopped. Wouldn't my ex telling me I don't have to pay any longer superceed any court document?

Posted

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.

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1 lawyer agrees

2 comments

Asker

Posted

Yes, thank you for your advice. I tried filling out the appropriate forms and my ex is giving me the runaround. I've been trying to move forward with legal help but it's impossible when you don't have $$. I need help in that regard. I am willing to do what it takes in order to have legal representation; like if it was even feasable to pay certain increments. I am trying to save up for just a retainer. If a family attorney would be willing to work something out, I would be gracious and honest. Is anyone willing to help?

Rebecca A. Wagner

Rebecca A. Wagner

Posted

You can try calling the Lawyer Referral Service with the New Hampshire Bar Association. They can refer you to an attorney in your area, possibly at a reduced rate if you qualify. Their number is: 603-715-3290.

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