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co-habitation-legal definition/what should I take to court to prove that he is not li (Family Law)

Tue, 03 Mar 2009 11:08:00 GMT

What is the name of your state (only U.S. law)? north carolina-
I filed a civil complaint for money owed. My ex owes me 2 months of support.there is a memo of separation that says he has to pay me(after the kids are 18) spousal support for me.there was also a mediation two months ago saying that he must pay me spousal support by the 15 of each month.
He is claiming co-habitation saying he will not pay me. I got engaged christmas of this year. My fiance has his own house, pays his own bills, and has three businesses to run. I have my own house, pay my own bills, and am disabled as of 1990. He stays with me when he comes to take me out , as he lives 1 hour away. He is leaving it up to me as far as setting the date of marriage. I want to make sure this is the right thing to do.
What must I take to court to prove he is not co-habitating with me?What is the name of your state (only U.S. law)?

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  • Wed, 04 Mar 2009 15:44:00 GMT(1)
  • I have a divorce as of 2003 signed by a judge and on record at the courthouse. I have a copy of that too.
  • Wed, 04 Mar 2009 14:16:00 GMT(2)
  • Utility names? mailing address? canceled checks? bank account records?Can you think of anything else?
  • Wed, 04 Mar 2009 15:38:00 GMT(3)
  • Quote:

    Originally Posted by dance 1 1

    I am divorced as of 2 3.

    Then what do you mean by this?:

    Quote:

    there is a memo of separation that says he has to pay me(after the kids are 18) spousal support for me

  • Tue, 03 Mar 2009 11:23:00 GMT(4)
  • Is it in the order that co-habitation voids child support?
    What does the order and your lawyer say?
    That is the bottom line. This sounds like something ex pulled out of rear...
  • Wed, 04 Mar 2009 10:25:00 GMT(5)
  • If you are not divorced, than he is not your ex and having sex with another man is adultery. That is not a moral judgment. You are not divorced.
  • Wed, 04 Mar 2009 15:48:00 GMT(6)
  • Quote:

    Originally Posted by dance 1 1

    I have a divorce as of 2 3 signed by a judge and on record at the courthouse. I have a copy of that too.


    Then what do you mean by this?:

    Quote:

    there is a memo of separation that says he has to pay me(after the kids are 18) spousal support for me

  • Wed, 04 Mar 2009 01:01:00 GMT(7)
  • Quote:

    Originally Posted by dance 1 1

    what do I need as evidence that co-habitation did not occur?

    Its not actually up to you to prove that you are not co-habitating. Its up to him to prove that you are.
    However, your fiance should probably be prepared to provide evidence that he has his own household, and you should probably be prepared to provide evidence that you have your own as well.
  • Tue, 03 Mar 2009 23:36:00 GMT(8)
  • what do I need as evidence that co-habitation did not occur?
  • Wed, 04 Mar 2009 14:06:00 GMT(9)
  • I am divorced as of 2003.
  • Tue, 03 Mar 2009 23:32:00 GMT(10)
  • There was no order, Only a memo of seperation signed by me,my ex, and my lawyer. It states that this obligation will cease after death, marriage or co-habitation with a person of the opposite sex. The reason we did this is so it will not be public knowlege.
    Since then, we went through mediation. It is a order signed by a judge that he pays me support by the 15th of each month.
    I have been contacted by my lawyer.She wants to know if in fact I am co-habitating. I replied no. I see it as the way you see it. a last ditch effort not to pay the money.
  • Leave a Comment Now.

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