Would like to try to reduce or even cancel spousal support. Long term marriage and negotiated 10 years with 3+ to go. Ex-wife is living with BF, he makes more than I do, (Glassdoor.com) has a company vehicle, etc. Pictures all over FB show that his grown daughter call them "the parents", believe she is in a domestic partnership for medical benefits (at his employer) and takes our grown children out as a couple. She uses her work address but I know where they are living and their cars are always there together in the evening. Ex posted pics on FB showing the "father's day gift" my daughters gave him. (Yes, I realize that was to annoy me). Is social media enough? What other types of proof do I need or try to obtain? Thank you.
Cohabitation goes to reduction, not termination, of spousal support. Other forms of evidence usually involve private investigator work. Enough such posts might do it, but you're going to want to invest in professional help.
All of Ms. Straus’ responses are intended as useful information, based solely upon the facts stated in the question, and are not to be relied upon as a full or complete legal opinion. They may not be what you wished to hear, they do not create an attorney-client relationship. Ms. Straus has been licensed to practice law in California for 33 years. Ms. Straus regrets that she does not provide follow up free advice via email. She also regrets that blunt responses may be taken as "rude" by those who wished a different opinion. Good luck.
Yes you can use any statements found or pictures found on FB. Your problem will be authenticating what you pull down off FB to present to the court as evidence. Might try to think about a PI to do surveillance, etc and present their observations to court as evidence. Good luck.
You are well on the way to making a case, but unless you've participated in a contested trial before, you should retain counsel to manage your motion to reduce or terminate spousal support. Keep in mind: You are trying to change the terms of a judgment. You will want to do some discovery, and (as Ms. Straus has suggested) quite possibly use a private investigator to back up your hearsay evidence.
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I agree with attorneys Straus and Yomtov. I don't see any viable evidence of cohabitation from what you posted. If you cannot justify paying a lawyer to assist you, impliedly this motion isn't worth pursuing. You can get free assistance from the Family Law Facilitator at your Courthouse.
If she is cohabiting, there is a rebuttable presumption of a decreased need for support. Courts often teminate support when this happens. Pictures of them together do not prove living together. Do a little more PI work and ensure your evidence is admissible and not hearsay.
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