Dear Midnighter03:
Greetings. If the spouse that receives alimony cohabitates, then alimony terminates. So, yes, if your mother was living with her boyfriend, she no longer gets alimony. If she lies about this, she can be found guilty of perjury which is a felony.
Who knows why the clerk of court of court has it listed as child support. The right thing to do is have your mother go in and have the warrants dismissed, since she was not entitled to alimony from the day her boyfriend moved in. Best of luck.
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668
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.
Ok, where should she go? The Clerk of Courts office, the DA, a lawyer, or the police department?
Also, it’s positive that even though my mom & her boyfriend are on medical disability that my dad would be free & clear if she dropped all charges?
Dear midnighter03:
Greetings. She should be able to do this with the Clerk of Courts office. The best thing is for you to convey her willingness to do this and for your dad to get the forms for the same.
I do think it is extremely positive what your mother is doing. We should all do the “right” things in life, but we all often fall short and do what we want to do (me counted of course - like when I eat the last chocolate chip cookie!). Best of luck.
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668
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.
Here is the story:
My parents divorced years ago (around 6-7 years), my Mother was awarded alimony to be paid each month, & my Father paid for awhile. But he stopped after a year or a year & a half. He left the state for a long time. There has been warrants issued for him in the past. My Mother & her boyfriend get enough money from disability each month to live a decent life but the have major spending issues. And just recently I was in contact with my Dad who wants to come home, spend with his kids, & his daughter-in-law. He has so job or property so he can’t give my Mom any money period. My questions are if it listed in the divorce agreement that if my Mom lives with some one does the alimony stop? And if she has been living with this guy since shortly after the divorce does this mean that the warrants & money owed are now null & void? Also, I did some checking years ago & the clerk of courts had it listed as Child Support eventhough all his kids were over 18 years old when they divorced & none of the 3 kids ever saw a dime of money, what is up with that?
Thanks in advance for any help!