Legal Question in Family Law in Florida
Evidence that proofs cohabitation
What kind of evidence is appropriate or accepted by the judge/court to proof that my ex-wife is cohabitating. As I get prepared to file to stop paying alimony I would like to make sure that I gather as much information as I can in order to establish cohabitation (per my MSA , alimony will stop if she remarries or cohabits). So far I have some pictures of her car at the boyfriend's house, I do know based on what my children tell me every night that we talk on the phone, that they will be staying at this guy's place and I went to her old neighborhood and neighboors told me that they have not seen her or my children in the las two or three weeks. What else should I loo for? Please help!
Thanks.
1 Answer from Attorneys
Re: Evidence that proofs cohabitation
Playing private detective and sneaking around at night isn't the answer. If they have two residences, then you shouldn't do this on your own. Your evidence will be in documents. For example, do the bank account records show that they have joint accounts and, if so, do they buy groceries from one account, pay her mortgage from one account, pay for trips from one account. If she says he's a roommate, does her tax return show his rent as rental income? These are the kinds of things you'll need, but you have to be a trained professional (i.e. a lawyer) to know what to look for.
Don't do this on your own. You'll just end up paying the alimony and probably paying her attorney's fees.
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