I guess what I am really looking for is what length of time does cohabitation need to occur before a person can have a support order modified? I know that my now ex-wife has her boyfriend staying with her most of the time. He has keys to her house, and goes there for lunch most days. He even answers the phone while he is there at lunch. The support that I pay her is quite excessive, and I would love to get it stopped. Any help would be appreciated.
Greetings. It depends on the situation. There is no standard. If you have private investigator footage of him using his own keys, staying there many, many nights, and proof of him not bringing clothes over - then you may have something. As soon as you have the evidence, then you can use it. I suggest that you speak with an attorney, so that you know for sure what information you need (or at least with some degree of certainty since no attorney can tell you for sure).Good luck.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
Thanks for the response. But, given other things that I have been told, I have another question on this topic. My ex-wife and I are divorced, and we had no children between us. I have been told that for cohabitation to be a reason for ceasing spousal support payments, a child, or children, has to be involved. Is this true? Thank you.
What does it take to show cohabitation in NC?