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Cohabitation & Residency Issues
Municipal Tax Assessments
When questions arise about how much money you are paying a former spouse in alimony, clients like to know if they are supporting another person, someone who may be living with your former partner. If your ex-spouse is residing or cohabitating with an adult, you may have justification to decrease the amount you are paying in support. Evidence can be obtained to prove the permanent residential arrangement, and you could benefit from a reduction in payments. If this is a concern, please consult with a lawyer, and then call ATC.
In New Jersey, for example, if a former spouse is living with another person, you can file a motion and request your payments be decreased or terminated as long as he or she is in that relationship. One client saved more than $450,000 by using ATC’s investigative services to show his ex-wife lived in a same sex relationship, and had been doing so for many years, even though she claimed to be alone. Please see the sample case below.
Proof of Cohabitation Saves Client $450,000:
A client had a divorce agreement stipulating alimony payments to his former wife would cease if she cohabitated with anyone while he client supported her. When his grown children visited their mother’s new out of state home, they were not permitted inside and had to visit with her in the front yard. One of the children had to use the bathroom and saw what appeared to be the personal property of another individual. Upon returning to NJ, the peculiar visit was mentioned to their father, who already suspected his former wife was not being totally honest with him.
ATC’s residency investigation uncovered the wife maintained a live-in love relationship with another woman. Both worked for the same company and traveled there together each morning. The two had been a couple for several years, jointly owning the property in which they currently lived, as well as a Jersey Shore beach bungalow. Our investigation confirmed they had been living together in former residences, had a jointly registered vehicle, and obtained proof from their shore community neighbors verifying the beach house ownership and “their marriage.” In addition to numerous documentations of cohabitation, we learned the ex-wife held a full time job when she professed to work only a few hours a week. Because of the divorce contract, our client saved over $450,000 in alimony costs, which was projected over the term of the original agreement.
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