If your Wife does have her boyfriend move in, even before a final order is complete, you have grounds to end post-separation support now, and cut off her ability to ever receive alimony. You will have to do some work first however. North Carolina law states that co-habitation automatically terminates the support obligation, however a supporting spouse must file a motion with the court, notify the dependant spouse and obtain a court order authorizing termination of the payments on a date certain. This means that you cannot simply stop paying support, you must wait until the court issues an order terminating alimony or post separation support.
With respect to the consent order your wife’s refusal to sign the consent order as is doesn’t make sense, she is attempting to bargain for something that a judge would never award. In other words, you are correct that the removal of a terminating factor it is contrary to the statutes.
As for the proof, this is the tough part. The foreclosure notice is not enough to prove your wife is cohabitating. You must be able to prove your Wife is living with someone by a preponderance of evidence. This means that one would conclude it is more likely than not that your Wife is living with someone after reviewing all the evidence. One document simply is not enough. I would suggest hiring a private investigator to document the activities at the house. Pictures of a man arriving at the home each night and leaving each morning for days on end would be an example of strong circumstantial evidence of cohabitation. The next difficulty is convincing the Court that your Wife is cohabitating, and not simply helping out a friend in need. In South Carolina, there is a set number of days (90) which lead to a presumption of cohabitation, North Carolina has no such magic number, the court will look at all of the evidence presented and make a determination of cohabitation based on all of the evidence presented by both sides.
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Attorney with Rosen Law Firm
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Charlotte, NC 28262
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