Full question:
I am divorced and have received alimony and child support. I was in a 4 year relationship with a friend, who became ill and moved in with me, although he did not give up his prior living arrangement. He contributed half for rent, groceries and utilities, etc. so as not to impose on me, since I was receiving alimony and child support. Within about 9 months he died from cancer. My ex-husband claimed that I received collateral support and was no longer entitled to alimony, although he continued to pay it for several years. At the time, he got depositions from our children stating that I requested they not tell their father about the living arrangement. They are grown now and do not wish to be involved in the middle of this. My ex-husband discontinued the alimony a year ago. My health is poor and I continue to need the alimony. He remarried immediately after the divorce and he claims he has paid alimony long enough and that I broke our contract first. He is a lawyer. Is my ex-husband correct or is he in contempt of court for refusing to pay the alimony?
- Category: Divorce
- Subcategory: Alimony
- Date:
- State: Tennessee
Answer:
When a court order is not followed, you can file a petition for contempt in the court that issued the order. The court has ongoing authority to enforce its orders by holding the noncompliant party in contempt. A support order can sometimes be modified if there is a significant change in circumstances. Contributions to living expenses from someone cohabiting with you can be considered a significant change that may warrant modifying a support order. However, a party cannot unilaterally modify or void a court-ordered support obligation. Any change or cessation of payments must be ordered by the court.
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