Legal Question in Family Law in New York
Aimony
my payments to my ex for alimony will terminate in nov. do i need
to contact my lawyer or can i just stop payment. will papers need
to be drawn.
although cohabitation was not mentioned in my divorce papers,
can alimony be stopped if proven cohabitation is taken place. Can
I sue for back payments.
2 Answers from Attorneys
Re: Aimony
There are no papers that need be drawn up to terminate voluntary payments of maintenance.
Even if your agreement provided for termination based upon cohabitation, the chances of collecting any back payments are not great.
Daniel Clement
Re: Aimony
Congratulations on reaching the end of a long road. You must be very happy to reach the end of your alimony order. After the last check is drafted, you may merely stop sending more money. You don't need a court order. However, mailing a statement to the court that you have completed your obligation is helpful.
Co-habitation may justify ceasing payments and taking action for refund of fraudulent payments if the original court order for the alimony includes a passage detailing that alimony will stop if the receiving party co-habits.
I would have to see the alimony order from the court to give you a better answer. You can fax it to me at: 718-729-2029
In addition; You are welcome to a consultation at my offices at 42 West 44th Street for no fee. Please call for an appointment first; (646) 591-5786.