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Can I sue EX for NOT getting re married?

Discussion in 'Alimony & Spousal Support' started by SeeksSerenity, Jun 27, 2016.

  1. adjusterjack

    adjusterjack Super Moderator

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    You're not actually reading the statutes, are you?

    Because the answer to that comment can be yes and no.

    Alimony could be denied if the dependent spouse had a sexual relationship prior to the separation and/or divorce.

    After the separation and/or divorce it could be adjusted or eliminated because of changes in the ex's financial condition which might or might not have anything to do with living with the boyfriend.

    I'm not trying to be snide here, but please read the statutes so the next time you make a comment, it's relatively accurate.

    Start with 50-16.1A and keep reading until the end of the alimony sections.

    Meantime, it looks like you may have several grounds on which to petition the court to overturn the agreement and deny or adjust the alimony.

    1 - Marital misconduct - You alluded to domestic abuse.

    2 - Flaws in the agreement.

    3 - Changes in her financial condition.

    Whether you can actually succeed in getting relief from the agreement is anybody's guess but now is the time for you to petition the court for a review and a remedy.

    You can search for sample petitions online or hire an attorney.

    Beyond that, I'm not sure I see where anybody here can be of further help to you.
     
  2. SeeksSerenity

    SeeksSerenity Law Topic Starter New Member

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    Adjusterjack,
    I am reading the statutes, its just too late. :) I think section b spells it clearly. That said, I truly appreciate your courteous and factual attempt to guide me. I learned a costly lesson and now have some vocabulary to go hire a lawyer and try to get this fixed. To be clear, I hand deliver to her mailbox a check every other week. I take care of my kids because that is what a man does. My issue is covering expenses for some other dude because the law allows it and one sentence was omitted. Yea, my fanny is still raw...

    Thanks again


    § 50-16.9. Modification of order.

    (a) An order of a court of this State for alimony or postseparation support, whether contested or entered by consent, may be modified or vacated at any time, upon motion in the cause and a showing of changed circumstances by either party or anyone interested. This section shall not apply to orders entered by consent before October 1, 1967.

    Any motion to modify or terminate alimony or postseparation support based on a resumption of marital relations between parties who remain married to each other shall be determined pursuant to G.S. 52-10.2.

    (b) If a dependent spouse who is receiving postseparation support or alimony from a supporting spouse under a judgment or order of a court of this State remarries or engages in cohabitation, the postseparation support or alimony shall terminate. Postseparation support or alimony shall terminate upon the death of either the supporting or the dependent spouse.

    As used in this subsection, cohabitation means the act of two adults dwelling together continuously and habitually in a private heterosexual relationship, even if this relationship is not solemnized by marriage, or a private homosexual relationship. Cohabitation is evidenced by the voluntary mutual assumption of those marital rights, duties, and obligations which are usually manifested by married people, and which include, but are not necessarily dependent on, sexual relations. Nothing in this section shall be construed to make lawful conduct which is made unlawful by other statutes.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    I'm with you on that.

    I missed that part. Now you can add #4 to the grounds for termination of alimony.
     

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