Using slander to avoid alimony


#1

An attorney should answer, but this is a well known tactic of an adulterer…to accuse the other to try to get out of paying alimony. Remember, the important issue is that you are/were a dependent spouse. If you both are “guilty”, which YOU aren’t, it’s up to the judge to decide on alimony or not. He would have to have cold hard evidence that you were guilty of an affair, but then again, you say he’s a doc. They can get away with murder, so be careful. But, you also seem to have a fair minded judge. Hope you get to keep the same one.


#2

Do you think the adulterer’s lawyer tells them to use this tactic? I just can’t think my husband would stoop this low. He is a physician for God’s sake. If he is dishonest and deceitful to his own family over money, how would he be to a patient whom he has no personal connection to? I think I am trying to think this over logically and he (my husband) is not. He is selfish and he is desperate.


#3

If the allegations are untrue, your attorney should file a Motion to Strike the untrue allegations and seek sanctions against your Husband for his false allegations.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
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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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#4

I will tell you this. My sorry lawyer said he was very surprised that I was not accused of adultery as this IS a tactic used by unscrupulous lawyers! However, in the great scheme of things, for some reason that I do not know, the judge would not allow my ex’s own admission of adultery to be admissible in Court! My sorry lawyer said the judge was “aware” of the adultery, but was only going to focus the financial issues. So, pardon, he screwed around and I’m the one who got screwed! Don’t believe anything about your ex husband! Have your lawyer file the motion! I wish someone had told me before it took every dime I had to pay for absolutely nothing!


#5

My husband was ordered to pay temporary support along with child support starting this July via court order. He left the home in December and immediately began cohabitation with his girlfriend. I did not ask him to leave, he left on his own. He is finding it difficult to keep two households running as he needs to support his wife and 5 kids (he was the supporting spouse and I the dependent spouse) and he wishes to keep a high standard of living with his new home, girlfriend and her children which live with them. Now after 6 months when the original claim was filed and 2 hearings later his atty files a Motion for Leave to Amend Answer. Husband is now claiming that I committed marital fault prior to separation which is untrue, that he was forced to leave the home because he was so depressed and stressed over the tension at home (untrue) and that he did not begin intimate relations until he separated (again untrue) He is doing this as to not have to pay alimony. He admitted to his adult son that he fabricated the story to get out of paying alimony.

This is slander and libel. Should we just ignore it? The temporary support orders did not have an ending date (it said until modified by the courts) Should I pursue a lawsuit against him for slander as he is wrongly attacking my character to his advantage. Won’t the judge realize this is an obvious lie as he made these claims after the judgement for support was handed down. In the hearing for temporary spousal support he testified that he had an affair and I kicked him out (which again I didn’t) but he made no mention of me having an affair (as again it was untrue) I would think he would only be making himself look bad in the eyes of the judge.