Saturday, December 10, 2005

Alimony demands

My ex-wife just filed extensive demands for child support above and beyond state guidelines, and even for alimony above my actual earned income. She asks for alimony even tho she is living with her boyfriend, Bruce Travers, and is engaged to marry him.

Normally I wouldn't mention her boyfriend's name, but he is using the courts to cheat me out of my money, and it is necessary to name him in order to defend myself. If he wants to marry her, that's fine with me, but he shouldn't be injecting himself into our dispute.

The Calif Family Code states:
4323. (a) (1) Except as otherwise agreed to by the parties in writing, there is a rebuttable presumption, affecting the burden of proof, of decreased need for spousal support if the supported party is cohabiting with a person of the opposite sex.
My ex-wife has been dating Bruce Travers since before she filed for divorce over two years ago. She lied to the court by saying that she didn't have a boyfriend, and by attributing her reasons for leaving the marriage to other factors. In fact, she and the kids have been sleeping over at Bruce Travers' house on a regular basis, and it has been going on for a very long time.

Under California law, adultery is not a crime, and the family court ignores it. I cannot do anything about the bad example she is setting for our kids. But the court is not supposed to be making me pay alimony while she is cohabitating with him. She has apparently postponed the wedding until the alimony runs out, but the alimony should have run out when she started cohabitating with him.

1 comment:

Anonymous said...

As soon as your ex-wife moves permenantly into her fiances house, whether married yet or not, you should not have to pay any spousal support. For example, if you are paying her rent or monthly food allowance, that should cease immedieately upon her moving in. If you can prove that she is already living with her fiance but maintaining an apartment just to charge you, then you should be able to charge her with fraud.

The kids get child support regardless of whether she remarries. You need to make sure that there are stipulations put into place by the courts to regulate what your ex. can use child support for - for example, clothes, books etc. Upkeep should not be factored in since the new man is accepting responsibility financially for the girls as well as a wife.

Is your judge fully aware of the situation? I wish you the best of luck standing up for your rights. Do not let your ex bully you into paying an unfair settlement. If she is getting remarried, that should be her bliss and not worrying how to have you contribute financially to her new family unit. You should not be expected to pay anything that will go to help the new guy out. Spousal support was set up to help out single women who never worked while married because they were home taking care of kids and the household. It is a shame that a woman can leave her husband for another man and then have the audacity to demand to have the scorned party pay for her new life and another man's morgage/car payment/food bill etc. She may have had reasons to leave you that are valid, who knows, but she is moving on, so she should just let the new guy take care of her. Question is, why can't she take care of herself? Seems like she goes from one sugar daddy to another! She must be one pretty damsel in distress to have men want to take care of her and save her over and over again.

You know what they say, if you save a damsel in distress, congratulations, you get yourself a distressed damsel...... Not a fun life once the magic fades away....