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If I am cited for cohabitation in CT and lose alimony. Does the loss get factored in my income and lower my child support

Hartford, CT |

My exhusband is charging me with contempt for a cohabitation clause. I am considering cohabitation but not sure if it is wise to do so before or after the hearing or if it will require a separate hearing or if alimony reduction will be modified at the time of the June hearing. I live in KY and my exhusband has primary residence.

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Attorney answers 1


First thing you have to do is look at your judgment of divorce and see how "cohabitation" is defined. If it is not defined then CT law will apply. You should be aware that merely living together with someone does not in and of itself mean that your alimony stops. (Also, frequent nights over don't qualify as well, especially if you maintain separate residences) Living with another” person without financial benefit does not establish sufficient reason to refashion an award of alimony under CT General Statutes § 46b-81. Instead CT law imposed the additional requirement that the party making alimony payments prove that the living arrangement has resulted in a change in circumstances that alters the financial needs of the alimony recipient. That means they have to prove you are sharing expenses like a married couple. I am not sure why you would be held in contempt. Usually these type of proceedings are of the type that alimony is just eliminated. If you lose your alimony, then you also reduce your income. Your question is unclear as to whether you or your spouse is paying child support. If its you, then any reduction in income would lower your support obligations. You need to confer with an attorney. Good luck.

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