Legal Question in Family Law in Washington

Spousal support

I was divorced in 1993 after a 11 yr marriage only together 7 yrs as a result of my ex-wifes multiple affairs. In our divorce decree she was awarded $300/mo alimony to terminate immediatly if she cohabits, remarries or dies. In 1997 she began cohabiting and terminated the support on her own. This relationship lasted only 1 mo. and now she is motioning the court to reinstate her maintenance. Can she legally do this? She knew when she chose to cohabit, according to our decree, the maintenance would terminate. She personally terminated the maintenance and now I am wondering if she will get it back. How long do I have to support this woman? I am remarried and pay her $538/mo in child support also. Can she legally have it reinstated even though it terminated before she made a motion to extend the maintenance. She refuses to work, even though she has had schooling and lives on public assistance and child support she recieves from 3 different fathers. I have always paid my obligations on time and never missed a payment. She is capable of maintaining herself but refuses to be gainfully employed. Do I have a chance of the maintenance not being reinstated?


Asked on 3/16/98, 1:27 pm

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Fighting the deadbeat wife

Under California case law it is possible to have the court consider a person's ability to earn income and disregard actual income when the refuse to work. This can be grounds to deny support.

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Answered on 3/19/98, 11:33 am


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