Legal Question in Family Law in California
We live and were divorced in California
My ex wife wears a wedding and engagement ring, she flaunts this on her facebook profile, her boy friend refers to her as his wife on his company web page and his facebook photo has him with his arm around my ex and her mother.
The divorce papers state if she gets married I stop paying alimony, I can't prove she got married because in CA you can get married and not make it public.
Based on the above what is the risk of stop paying alimony.
2 Answers from Attorneys
You need to find out if she is really remarried. You are assuming that she had a confidential marriage, without confirming that. You would need to confirm, and then file a motion to terminate spousal support with the court. If you stop paying spousal support, she can hold you in contempt of court and enforce the spousal support award just like any other judgment.
To simplify Mr. Roach's answer: without a court order terminating the support you will be in contempt of court if you stop paying. The good news is that even if she has not legally remarried, cohabitation with a member of the opposite sex raises a presumtion of reduced need for support. So you can move to reduce if not eliminate support without proving she is married.
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