Q: Am I required to pay alimony if she is living with a man and claiming he is her spouse even is not legally married?
My ex wife has used the excuse that our marital house was foreclosed due to me not working the same job anymore, she says if Ibtry to see my kids she will sue for back support. I always pay my child support, usually I overpay that every year but do i have to worry about alimony if she is with the man that she had an affair with? I just want to see my children but she prevents it and then threatens with during for alimony. Does she have a case for alimony?
A:
If the alimony is part of the separation agreement, you are required to pay until the term ends. Colorado does not automatically terminate alimony on remarriage, living with someone or receiving support from another person(s). However, these factors may allow a reduction in alimony. If alimony was not part of the separation agreement it cannot be requested at a later time.
For more information and a detailed review of your situation, you will need to contact a family law attorney directly.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Colorado
- (813) 592-5000
- View Profile
- Answered
A:
Any attorney will need a lot more information to fully and properly answer your question. If you are already divorced and there are orders in place regarding alimony then you will have to pay until those orders are modified. If there are orders and you can prove she is remarried, even by common law, then you should have a basis to terminate alimony. If there are orders in place regarding visitation and she is not following those, you can file a motion to enforce parenting time. If there are orders in place you will have to weigh whether seeing your kids outweighs any financial risks you have.
If there are no orders in place then more information is certainly needed to assess your risks.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
