Iam ordered to pay my ex an amount per month on top of child maintanance. Our agreement has the usual part about cohabitation and she has had a bf for at least 6 months so I stopped. She is threatening legal action because she says he is not living there but he clearly is ... what is the definition in law of cohabiting . I was told poss 4 nights ?
If you are ordered by a court order to pay spousal maintenance then you cannot just stop because you believe your ex is now cohabiting. You will need to apply to court to stop paying SM and in doing so you will need to prove that she is cohabiting. Now that can be difficult to prove. Is his name on the electoral register or is he registered as living elsewhere? If your ex is clever you will have a difficult time proving your case and I have heard of some people hiring a Private Detective to prove cohabitation exists. Good Luck Aries xx
My sympathies. I know I am going to have this in my div. My wife already has a bf and he let slip to me about them being together/living together. He is currently living with his mother while we fight our way apart on her advice/request so to me its pretty obvious what is going to happen next ;She get her payout and house from the pot and in he comes. She will have him in 4-5 nights a week but they will play the clever game of him being at his mothers and no post address etc.
I undertand you can do the PI bit where the joint gets staked out and photos times dates bit all recorded.
I do have 2 PI's aged 9 and 12 who will no doubt help me out !!! , but like you I am lost on what is termed as co-habiting.
She is currenly looking for £900/month maint so I am looking for every way out.
I have also made it clear to her I want the 6 month clause in any consent but she is pushing back on that as he is not so well paid and has his own mariage mess to look after. He is currently still married and paying the mortgage on his marital home !!!
If you get anywhere with this I would like to hear from you
Does this means that mean if my ex brings Bf into her house and he pays her "rent" to live in house and share same bed then that not cohab. Surely though his rent would count as income to her then level of Spousal maint could drop relative to amount of "rent" ?
Honestly Im in situation ..you have to prove that sharing bed but in your circs if paying rent that makes no odds as spouse maintainance is on the difference in income
But would say that rent will be accounted for on form E and if not and you prove hes living there and cohab was the clause to stop sm go back to court I hate to see people being ripped off male or female
good luck again
My wife inst cohabing yet but I know it will happen. So I am going to go for the 6months clause in the consent. The issue is then how to prove it. As its post form E I could still seek a variation on the SM as she has increased income by taking a lodger? (in the same bed). You cant have it both ways can you ?