I have to pay spousal support to my ex wife for 3 and a half years. I was ordered to pay $709. I am now on disability and making less money. She refuses to work and says she is "going to school" and is living with her boyfriend, but claims she is only there 2-3 times a week. I have hired a private investigator and he has pictures of her at the boyfriend's house all the time. Will this lower my spousal support if she is living with her boyfriend? Also, I am in a relationship and we have a 2 year old daughter. My fiance would like to file for child support. Will this help in lowering the spousal support that I have to pay as well?
Answer
You may have a persuasive set of facts to justify a significant reduction or termination of spousal support if your ex is in a romantic relationship and living with her partner. Your ex also has the responsibility to become as gainfully employed as possible. If she's refusing to work and has the ability to work, the court could impute income to her. Please meet with an experienced family law attorney to explore your legal options.
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