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FAQs Written By Professionals in Texas
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 Note that answers given in this section cannot take the place of independant legal or financial advise. Please read our disclaimer. |
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"My ex-wife and our two kids have moved in with her boyfriend. Do I still have to pay alimony and child support?" The question regarding alimony is slightly more difficult to answer. If the alimony is "contractual alimony," then the answer depends on the terms of the contractual alimony, as set out in your divorce decree. If the alimony is "statutory alimony," ordered by a judge, you may be able to ask the court to terminate your alimony obligation. The Code provides that, if the person receiving the alimony "cohabits with another person in a permanent place of abode on a continuing, conjugal basis," the court shall terminate the maintenance order after a hearing. So since it sounds as if she has just moved in, you may want to wait a bit to see if she plans to remain there. If so, you may file a Motion to Terminate the Maintenance Order. After notice to you ex-wife and a hearing on your Motion, if the court finds that she is cohabiting with "another person in a permanent place of abode on a continuing, conjugal basis," the court will terminate the maintenance order. Carol Griffin is an associate attorney with Peltier, Bosker & Griffin, P.C.. She has practiced family law in Houston for 10 years. |
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