Alimony Termination


#1

My ex decided to stop paying alimony. He claims that I’m co-habitating and in breach of our alimony contract, however he hasn’t filed a motion with the court to stop alimony payments. I assume that this would need to be done prior to just cutting off support? My situation is I’ve been dating the same man for a year, we do spend time together and yes we do spend occasional evenings over at the other’s home not consecutive and not four or five days a week. Neither one of us keep personal items at the others, we do not have keys to each others home, we pay our own bills, obviously we have separate homes, finances and etc. We take occasional trips together, went to church one time together with our children and spend occasional holidays together. He has gone to two of my daughter’s school functions (one prior to the signing of the alimony contract). My boyfriend is not on the school records as a person permitted to pick my daughter up or listed as an emergency contact. We do not do regular domestic chores for each other, don’t grocery shop together etc. Every time my ex get upset he threatens to cut off alimony because I’m “co-habitating”. This has been going on since he started paying alimony and every month he makes threats to do so. In October he made a comment about my boyfriend helping me out financially (which he by NO means does and we can prove that with our bank records) and he claimed that I wouldn’t admit it if he did because I’d lose alimony. Nothing has changed since October, as a matter of fact I’ve seen less of my boyfriend because he has been traveling for work and we both have been busy with our own lives. It has been extremely stressful wondering if the support check will come every month. I was a stay at home mom for many years and am in the process of getting my career off the ground. I rely on alimony to pay for basic necessities. My ex makes an extremely good living and lives with his girlfriend, however even since October he has been asking me to take him back and I do have all of the text messages regarding this. He also has texted and emailed me to tell me that his current girlfriend wants to cut off alimony to prove that he loves her and to hurt me. Our marriage ended because he had an affair (s) and he has been unfaithful to his current live in girlfriend. His character is very questionable and he has also been arrested for a DWI. So, now here it is December right before Christmas and no alimony payment. I have sent my ex two emails requesting that he please send the alimony payment. He doesn’t respond. It is extremely stressful and I’d like to know what I can do about this. I don’t believe I’m in breach of our alimony contract and don’t consider myself co-habitating. If a motion for contempt is filed, do I wait until January to show that he is not paying for two months? Can a judge garnish his wages? I’m afraid that this is going to be a continual problem for many reasons including the girlfriend wanting to stop this payment.

Thank you for your response.


#2

You should file a motion for contempt immediately. You do not need to allege that he has withheld payment more than once. You can include in your motion the statements that he has made to you that indicate that his contempt will be ongoing.