Full question:
My man-friend has been divorced for 7 years, and pays his EX $400 a month. Her and her partner wear wedding rings, have been introducing each other as husband and wife for about 5 years. She has changed her last name to his. His family didn't approve of them living together because he had 2 pre-teen kids, but they believe they are married. With the passing of new cohabitation/fraud law in Feb 2007 - should my man frieind still be required to pay ex the $400 a month alimony or is this a case of fraud? Would this be worth my man friend going back to court to address the 'fraud'?
- Category: Divorce
- Subcategory: Alimony
- Date:
- State: Idaho
Answer:
In North Dakota, a party can petition the court to modify a spousal support (alimony) order. The court may change the amount only if there is a substantial and material change in circumstances. Alimony typically ends upon the death of either spouse, the marriage of the spouse receiving alimony, or if continuing alimony would create an unfair situation.
If your friend’s ex-spouse is living with a partner who provides financial support, this could be considered a change in circumstances that might justify modifying or terminating alimony. Ultimately, the court will evaluate all relevant facts and circumstances to make a decision.
It's advisable for your friend to consult with a legal professional to discuss the specifics of his situation and whether pursuing a court modification is worthwhile.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.