My ex just filed a petition to terminate alimony. He claims that I have broken the language of our MDA in regards to cohabitation, which reads "Wifes boyfriend staying overnight at wifes residence cannot be cohabitation unless it occurs an average of four nights per week averaged over a consecutive four week period."
He is trying to talk my adult children into testifying for him because he is "sure she is doing it". They dont want a thing to do with any of this (understandibly). I spent $98,000 on attorneys fees for a divorce that lasted 9 months, not because we have that kind of money but because I had that great of credit and could get loans. I do not want to hire another attorney if the burden of proof does not lie with me and I can go to court and show my boyfriend has a residence of his own, at which he receives bank statements and bills, we do not co-mingle money, bills, etc. I am enjoying the independence I have, unlike my ex I have no plans of marriage (he remarried in less than a year).
My question is this: Since he filed the petition, does he have the burden of proof? Can just anyone "say" they saw my boyfriends car there more than 4 nights a week and it be enough for the court? When we agreed to this language my attorney at the time said my ex would need to have an unbiased third party document the coming and going of "boyfriend" for 30 days (unless he stayed 16 days straight which would do it to).
My ex claims I have been breaking this judgement since Oct 1 2010, but waited until March 2011 to file a petition, so he is also asking for me to pay him back the alimony paid over the last six months.
He is trying to talk my adult children into testifying for him because he is "sure she is doing it". They dont want a thing to do with any of this (understandibly). I spent $98,000 on attorneys fees for a divorce that lasted 9 months, not because we have that kind of money but because I had that great of credit and could get loans. I do not want to hire another attorney if the burden of proof does not lie with me and I can go to court and show my boyfriend has a residence of his own, at which he receives bank statements and bills, we do not co-mingle money, bills, etc. I am enjoying the independence I have, unlike my ex I have no plans of marriage (he remarried in less than a year).
My question is this: Since he filed the petition, does he have the burden of proof? Can just anyone "say" they saw my boyfriends car there more than 4 nights a week and it be enough for the court? When we agreed to this language my attorney at the time said my ex would need to have an unbiased third party document the coming and going of "boyfriend" for 30 days (unless he stayed 16 days straight which would do it to).
My ex claims I have been breaking this judgement since Oct 1 2010, but waited until March 2011 to file a petition, so he is also asking for me to pay him back the alimony paid over the last six months.
