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How many times can my ex spouse claim cohabitation as a tool to decrease my spousal support?

Fresno, CA |

My ex spouse has been claiming cohabitation since 2010. It has been ruled not to exist by two different judges including in our Statement of Decision and Order dated 1/31/2012. I was awarded spousal support of 2,000. My order states it is to terminate on death, remarriage or further order of the court. After paying support for 10 months my ex is taking me back to court on the same claim of cohabitation. I am not. The man I am dating provided the court with his proof of residence, mail, bank records and such during our three day trial in 10/2011. NOTHING HAS CHANGED. My ex is still having me followed by investigators, friends and family. I've had cars in my drive way and people taking pictures. I've been chased by investigators. My friends and family have been questioned. How far can he go

Attorney Answers 4


  1. He can keep asserting it if new facts arise which generally happens in family law. He can keep going every time he has something new to assert.

    This is not a comprehensive answer and it is impossible to provide a meaningful response without a consultation. Call us for more information. 619.797.5456 www.mataelelaw.com


  2. I agree with the above answer. However, you should also consult with a local family law attorney to determine if a request for attorney fees and costs as 271 sanctions is appropriate. Meaning, you would request him to pay your attorney fees, or a portion of them as sanctions.


  3. As long as their is new info or a materail change in circumstance he can keep making the argument, however if there is not you may be able to seek costs and sanctions/ attny fees to stop him in the future from harrassing behavior.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.


  4. There are limits to which your ex can go to obtain information. It seems like he could be bordering on harassment. As far as spousal support, when there is a change in circumstances he can take the matter back to court. It seems like you are succeeding in defeating his motions but are you asking for sanctions or attorney fees. It seems like money is a big issue with him so hit him where it hurts, his wallet.

    Note this answer does not constitute legal advice, and should not be relied on. Each situation is fact specific and court specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship

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