Legal Question in Family Law in New Jersey
alimony contested
I am custodial parent of a nine year
old. I plan to move in with my
girlfriend. can my ex husband
contest my alimony if the living
arrangement is a 50/50 split. I do
not gain financially nor do I support
her in any way. Don't the laws
governing alimony state that I and
my child are entitled to live in the
same manner to which we were
accustomed during my 16 year
marriage? I maintain that as long as
I cannot legally marry my female
partner, we are simply roommates
sharing expenses.
3 Answers from Attorneys
Re: alimony contested
As you can see from the responses of the other two attorneys, this could get complicated and your alimony could be at risk.
You should hire a divorce attorney (this is a divorce type problem) and get some answers. This is a developing area of law in New Jersey, Domestic Partnerships are fairly new, and your attorney is going to be able to give you a summary of the existing law, and an opinion of where the law will go with situations like yours.
Please call me if you would like an attorney to assist you. I am in Hackensack, right across from the Bergen County Courthouse.
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Re: alimony contested
If you don't need and/or use all of the alimony he pays you, he could file for a reduction. If you guys are in a relationship, you can get a DP in NJ so he could make an argument to cut it off all together.
Re: alimony contested
You are raising a novel question. Cohabitation by a woman with a man who is not her husband can be a basis for terminating alimony. You are descibing the same situation with a female companion. In theory, it is possible your alimony could be terminated for your cohabitation with
your significant other who is a woman.
Call me if you like.
Gary Moore,Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com