we have a court order spousal amount I have to pay every month. I am uncertain but believe that she has been cohabitating for over a year. she recently texted me and advised that after next month I didn't have to pay her anymore unless she had to go back out on her own. Is that enough proof that she doesn't need my money and admitting to cohabitating?
Child Custody Lawyer
You need to sit and consult with a divorce attorney who can review the messages and your divorce decree. Good luck.
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Family Law Attorney
Your text messages may be used evidence in court that your wife is cohabiting. An attorney would need to see everything that you have to determine whether you are likely or unlikely to meet the burden of proof. If you begin a court case to modify, you will also be able to use the fact gathering tool of discovery. Considering how you characterize your wife's text message, she may be confused about the effect that cohabiting can have on spousal support. Consequently, you will likely want to get an actual order from the court terminating support. The best time to do this is while she is actually cohabiting. You will likely not want to risk waiting to see if she ends this relationship, because it sounds like she expects you to continue paying support if this relationship falls through.
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