Cohabitation Verification
At the conclusion of your divorce, was your spouse awarded maintenance by the court? Since the original order, have their living arrangements changed and now they may be outside the original consideration of maintenance granted by the court? It can be a hard thing to verify but if done correctly, you can petition the court for reconsideration. If you're able to show beyond all reasonable doubt that they're living with someone and their financial situation has changed, the court may consider amending the maintenance order. Each state has their own discretionary laws pertaining to what constitutes an amendment to the maintenance order. Make sure you have a complete understanding of these facts as you move forward in your investigation.
There are a handful of things to look for when conducting a cohabitation verification investigation but obviously the two biggest requirements is being able to provide both record evidence and photographic corroboration. First, you want to make every effort to work with your x-spouse in coming to an understanding, however if they refuse to communicate the details, that's when using a private investigator becomes beneficial. The investigator will be able to compile certain information that is not of record to you, as well as conduct periodic spot checks and surveillance to correlate a time study of residency. Also, by using an investigator, it's deemed impartial and the investigative report will be looked upon by the court as the primary source of evidence.
The other important factor in using an investigator is their ability to accumulate the various informational records needed to corroborate the photographic evidence acquired in your case, such as vehicle registrations. Remember, the court does not rule on hearsay but on factual evidence submitted to the judge for review. So unless your x-spouse is forthcoming with the information, using an investigator will allow you to submit this information in an unbiased, professional manner, allowing the court to consider amending the maintenance order.
Overview of Alimony
Alimony, also referred to as “maintenance”, is money paid by one spouse to the other after divorce or legal separation. The court may grant alimony to a spouse if that spouse shows that he or she lacks sufficient income and property to pay for reasonable needs, after accounting for the property each spouse received in the divorce.
Courts may grant alimony as a lump sum (to be paid all at once), as a transfer of property, or as “periodic alimony.” Periodic alimony usually takes the form of monthly payments from one spouse to the other, lasting either for a certain period of time or until a certain event happens, such as death or remarriage of the supported spouse. For more information on alimony, please refer to the following link:
Understanding and Calculating Alimony
Impact of Remarriage on Alimony
Periodic alimony ends automatically when the supported spouse gets remarried, unless the couple signed an agreement stating otherwise. In the absence of such a written agreement, the paying spouse can simply stop making payments on the date of the supported spouse’s marriage, without having to return to court.
Remarriage can terminate alimony only if it consists of periodic payments (for example, monthly or annual payments). For alimony that is paid in a lump sum or as a transfer of property, remarriage has no effect on the paying spouse’s obligation to pay. In some situations, a divorcing couple will sign an agreement stating that alimony can’t be modified, even if the supported spouse gets remarried. In these cases, alimony won’t end upon remarriage.
Termination or Modification of Alimony
The court can modify periodic alimony if there is a substantial change in circumstances. The most common change that may warrant a modification of alimony is either an increase in the supported spouse's income or a decrease in the supported spouse’s needs. Courts can’t modify alimony retroactively; in other words, the paying spouse must still make all payments that are already due on the date the supported spouse gets remarried. The effective date of the modification or termination of alimony is the date that the paying spouse files the motion to modify or terminate alimony.
If you are looking to modify or terminate alimony payments based on your former spouse’s changed circumstances, you should first try to come to an agreement with your ex. If you and your ex can’t agree to change or end alimony, you can file a motion to modify or a motion to terminate alimony with the court where you were divorced. If you file a motion to modify or terminate alimony, you should be prepared to show the court how your ex-spouse’s changed financial circumstances warrant a lowering or termination of alimony payments. That's where we can help you accumulate the needed evidence to submit to the court.
Impact of Cohabitation on Alimony
The supported spouse’s cohabitation (living with a member of the opposite sex in a romantic relationship) is not, by itself, reason enough to modify or end alimony. If a paying spouse wants to end alimony payments when his or her ex-spouse is living with another person, he or she will need to show: the supported spouse’s expenses have been significantly reduced because of the cohabitation, or the cohabitation amounts to a common law marriage.
As an example, if a supported spouse is living rent-free or otherwise having expenses paid for by the new living partner, the court may consider those reduced expenses a substantial change in circumstances that justify ending or lowering alimony payments.
At the conclusion of your divorce, was your spouse awarded maintenance by the court? Since the original order, have their living arrangements changed and now they may be outside the original consideration of maintenance granted by the court? It can be a hard thing to verify but if done correctly, you can petition the court for reconsideration. If you're able to show beyond all reasonable doubt that they're living with someone and their financial situation has changed, the court may consider amending the maintenance order. Each state has their own discretionary laws pertaining to what constitutes an amendment to the maintenance order. Make sure you have a complete understanding of these facts as you move forward in your investigation.
There are a handful of things to look for when conducting a cohabitation verification investigation but obviously the two biggest requirements is being able to provide both record evidence and photographic corroboration. First, you want to make every effort to work with your x-spouse in coming to an understanding, however if they refuse to communicate the details, that's when using a private investigator becomes beneficial. The investigator will be able to compile certain information that is not of record to you, as well as conduct periodic spot checks and surveillance to correlate a time study of residency. Also, by using an investigator, it's deemed impartial and the investigative report will be looked upon by the court as the primary source of evidence.
The other important factor in using an investigator is their ability to accumulate the various informational records needed to corroborate the photographic evidence acquired in your case, such as vehicle registrations. Remember, the court does not rule on hearsay but on factual evidence submitted to the judge for review. So unless your x-spouse is forthcoming with the information, using an investigator will allow you to submit this information in an unbiased, professional manner, allowing the court to consider amending the maintenance order.
Overview of Alimony
Alimony, also referred to as “maintenance”, is money paid by one spouse to the other after divorce or legal separation. The court may grant alimony to a spouse if that spouse shows that he or she lacks sufficient income and property to pay for reasonable needs, after accounting for the property each spouse received in the divorce.
Courts may grant alimony as a lump sum (to be paid all at once), as a transfer of property, or as “periodic alimony.” Periodic alimony usually takes the form of monthly payments from one spouse to the other, lasting either for a certain period of time or until a certain event happens, such as death or remarriage of the supported spouse. For more information on alimony, please refer to the following link:
Understanding and Calculating Alimony
Impact of Remarriage on Alimony
Periodic alimony ends automatically when the supported spouse gets remarried, unless the couple signed an agreement stating otherwise. In the absence of such a written agreement, the paying spouse can simply stop making payments on the date of the supported spouse’s marriage, without having to return to court.
Remarriage can terminate alimony only if it consists of periodic payments (for example, monthly or annual payments). For alimony that is paid in a lump sum or as a transfer of property, remarriage has no effect on the paying spouse’s obligation to pay. In some situations, a divorcing couple will sign an agreement stating that alimony can’t be modified, even if the supported spouse gets remarried. In these cases, alimony won’t end upon remarriage.
Termination or Modification of Alimony
The court can modify periodic alimony if there is a substantial change in circumstances. The most common change that may warrant a modification of alimony is either an increase in the supported spouse's income or a decrease in the supported spouse’s needs. Courts can’t modify alimony retroactively; in other words, the paying spouse must still make all payments that are already due on the date the supported spouse gets remarried. The effective date of the modification or termination of alimony is the date that the paying spouse files the motion to modify or terminate alimony.
If you are looking to modify or terminate alimony payments based on your former spouse’s changed circumstances, you should first try to come to an agreement with your ex. If you and your ex can’t agree to change or end alimony, you can file a motion to modify or a motion to terminate alimony with the court where you were divorced. If you file a motion to modify or terminate alimony, you should be prepared to show the court how your ex-spouse’s changed financial circumstances warrant a lowering or termination of alimony payments. That's where we can help you accumulate the needed evidence to submit to the court.
Impact of Cohabitation on Alimony
The supported spouse’s cohabitation (living with a member of the opposite sex in a romantic relationship) is not, by itself, reason enough to modify or end alimony. If a paying spouse wants to end alimony payments when his or her ex-spouse is living with another person, he or she will need to show: the supported spouse’s expenses have been significantly reduced because of the cohabitation, or the cohabitation amounts to a common law marriage.
As an example, if a supported spouse is living rent-free or otherwise having expenses paid for by the new living partner, the court may consider those reduced expenses a substantial change in circumstances that justify ending or lowering alimony payments.