Alimony/Cohabitation

[dadof226]

MI. House is still up for sale. CS is being dropped $200 due to NJ making more money. I'm still paying 1/2 mortgage until it sells.

Once it does sell, NJ has been talking about moving in with her parents depending on when it sells and/or if an apartment in the new area is not available.

SS is modifiable. I have 3 more years. Is living with NJ parents temporarily enough to stop it? How long should NJ be living with them to assume she might not ever move out? If NJ does end up staying at her parents for a long period of time, should I fight for primary?

NJ's parents are good people. They have a mini apartment in their basement with all the necessities (stove, fridge, etc).

A lot of questions, but there are so many "what if's". Thanks.

[defaultuser]

I doubt you'd get much traction for primary just because she's living with her parents. How would you show that is not in your kids best interests?

How much are you paying in alimony? Really, with 3 years left, you might spend less money if you just paid it out. I don't think co-habitation with a parent counts. Its typically when she gets the next sucker.

[dadof226]

I doubt you'd get much traction for primary just because she's living with her parents. How would you show that is not in your kids best interests?

How much are you paying in alimony? Really, with 3 years left, you might spend less money if you just paid it out. I don't think co-habitation with a parent counts. Its typically when she gets the next sucker.

You're right. I would rather them live with her parents than move to the new area.

I'm paying a little over $300/month for SS. It's not much, but considering I've been paying 1/2 mortgage payment for over a year (it was FULL payment before the divorce was final), CS that was based on her working 8 hours/week instead of 40... After paying regular bills, I don't have much for rent, food and gas.

[hanzblinx]

Moving in with parents is best described as change of circumstances rather than cohabitation. My ex moved in with her parents when she left me, and collected alimony. When she moved her boyfriend into the basement with her I was ready for legal action, but she got married, and that's all she wrote.

Hope her parents are enjoying it, they now have my 2 kids, her new baby, and her husband's kid. Party of 6 in the basement .

conclusion: file for modification based on change in circumstnaces

[Trevor]

Check your state statutes an caselaw for the term "supportive relationship." Such a relationship might make redundant the SS and could be grounds for its termination. Temporary SS is supposed to provide support for a person to solidify their situation on the way to becoming sef-supportive. Living with parents who subsidize room and board might qualify, unless the statutory language specifies a sexual/faux-marital component is required for it to terminate SS.