Ex-Wife Routinely “Crashes” with Her Parents and Possibly Maintains a Sexual Relationship with Their Foster Son: Cohabitation Such That Her Alimony and Spousal Support Should Terminate?

Despite her award of alimony and spousal support in her divorce, Utah Ex-Wife has trouble establishing a residence after her divorce.

She spends a significant part of her time at her parents’ home.

Ex-Wife’s parents have six foster children living under their roof, all boys.

Ex-Wife allegedly engages in an ongoing sexual relationship with one of her parents’ foster children.

Ex-Husband files to terminate his alimony and spousal support obligation on the grounds that Ex-Wife is cohabitating with the foster child.

At trial, the family court finds that Ex-Wife sleeps at her parents’ home “at least 80 percent of her nights”, and that theirs is her primary residence. Based in part on input from Ex-Wife’s children.

Therefore, the divorce court rules that Ex-Wife is indeed cohabitating with the foster child, and holds that Ex-Wife’s spousal support should terminate.

Ex-Wife appeals. An intermediate level appellate court rules that “cohabitation” only occurs in the context of a conjugal relationship in the nature of a marriage, and reinstates Ex-Wife’s alimony.

And now Ex-Husband appeals to the state’s highest court. Which is expected to rule in the near future.

Several states have statutory provisions permitting termination of alimony and spousal support upon “cohabitation” with another person who is not a relative. But the precise definition of cohabitation is, probably intentionally, rarely nailed down in the statutory scheme.

Florida’s statute is couched in terms of a “supportive relationship” which is akin to a committed long-term relationship.

And yet a local Florida intermediate level appellate court found such a relationship in the former wife’s so-called “cohabitation” with a cellmate in jail. See my previous post, Alimony Terminates Because Ex-Wife is Deemed to Cohabitate with Cellmate Under Florida Settlement Agreement.

Read more in this [Salt Lake City] Deseret News article: High court to determine if sex with teen should stop alimony.

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Florida Court, Having Previously Removed Child Custody from Mother, Strips Custody from Aunt Who Reportedly Allowed Mother to Allegedly Drive Drunk with Children, Resulting in One Child’s Death

Florida Mother has four Children, ages 10, 11, 14 and 16.

Children’s Aunt has custody of Children and has been raising them for several years.

Aunt, who lives in Alabama, brings Children to Florida to visit with Mother.

Aunt reportedly allows Children to go on a drive with Mother.

Mother allegedly crashes the car.

The 14 year old Child is killed in the accident.

It is reported that Mother is legally intoxicated at the time. In fact, her blood alcohol level is said to be 4 times the legal limit.

The Florida court finds that Mother was not allowed unsupervised visitation and timesharing with the Children and again orders that Mother not have unsupervised contact with the Children.

The court modifies custody of Children, stripping it from Aunt, who reportedly allowed Mother to have the Children unsupervised, and awarding it to Childen’s great aunt and uncle.

The court also enters a restraining order of protection against Mother’s Boyfriend, who reportedly beats the Children. Boyfriend is also arrested on charges of domestic violence.

Both Mother and Aunt may face criminal charges.

Read more in this [Orlando] WFTV 9 news article: Alleged Drunk Mom’s Kids To Stay With Aunt, Uncle.

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Five Rules of Divorce from the Heartland

Five rules of divorce from North Dakota:

  1. Cheating doesn’t matter. In the no-fault divorce world, that’s generally true. (Although this may vary from state to state.) Unless marital assets are squandered on the affair, anyway.

  2. You can’t hide your assets. Well, strictly speaking, that may not be true. But it’s certainly risky business and inadvisable.

  3. It’s never over. All too often, that does prove to be true … over and over and over again.

  4. Get a prenup. Never a bad idea.

  5. You’re not alone. Well, actually, this depends. Some spouses really are. They may not have to be, if they avail themselves of all available community resources. But some are. And some would be better off if they were, or at least had a smaller support team. It really is possible to have too much help, too much input, especially when it tugs you in too many different directions.

Read more in this [Fargo ND] KVLY & KXJB TV news article: 5 Rules of Divorce.

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Casinos to Deduct Child Support Arrears From Gaming Winnings

Louisiana Father owes back child support.

Father wins at a local casino.

Father anticipates exchanging his chips for cash.

And … Father is sorely disappointed.

The casino deducted back child support from Father’s winnings and diverted it to the child support enforcement agency.

Under a new law affecting winning pots of $1,200 or more.

Gamers are prohibited from redirecting their winnings to third parties.

Read more in this New Orleans Times-Picayune article: Louisiana casinos will withhold winnings from parents who owe child support.

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Nationwide Protests Against Sexual Violence During April, Sexual Assault Awareness Month

Earlier this month, students at Columbia University in New York City held a protest against sexual violence. Roughly 800 of them.

They were participating in “Take Back the Night”, an annual event since 1978.

The program intends to draw attention to the issue of sexual violence in the college setting, and to provide a safe place for its victims.

Sexual assault victims often experience a sense of isolation. The event provides emotional support to them.

Similar marches against sexual violence have taken place across the nation, such as in Decatur, Illinois.

April is Sexual Assault Awareness Month.

Read more in this Columbia [University] Spectator article: Hundreds take to the streets against sexual violence and this [Decatur, IL] Herald-Review article: Personal stories punctuate Take Back the Night march against sexual violence.

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Stalking: The New Domestic Violence … Dating Violence and … Repeat Violence

The domestic violence realm is increasingly occupied by perpetrators of stalking … by people who may be thought of as “serial stalkers”.

Take, for instance, this New York Stalker.

Back in 2008, Stalker was first criminally charged with stalking Woman after violating a restraining order of protection against him … by trying to knife his way into her residence. Convicted of misdemeanor counts of stalking and criminal contempt, the criminal court sentenced Stalker to two years’ confinement.

Released early with credit for time already served, Stalker went from a hospital to Woman’s home within hours. And then returned the following night, for more of the same.

At which point Stalker was arrested again. And convicted again.

This time Stalker was sentenced to two to four years’ imprisonment. But Stalker has substantial time served credit and will be eligible for parole all too soon.

This time though, the court has extended the no contact order against Stalker a bit longer. Through June of 2021.

And warned Stalker he would face more charges if he violated the extended restraining order of protection again.

Meanwhile, the prosecutor in the case is of the opinion that Stalker rejected any plea deals because he looked forward to seeing Woman at trial. And represented himself at trial so that he could actually speak with Woman during her testimony.

While it reportedly was not demonstrated that Stalker intended to harm Woman in any way, the jury found that Woman experienced reasonable fear and distress from Stalker’s conduct.

At this point, one can only speculate about what Stalker will do upon his release from confinement.

Read more in this [Syracuse NY] Post-Standard article: Convicted stalker sent to prison for re-stalking same Syracuse-area victim.

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Blogging On Her Belly Dancing, Complete With Photos, Costs Allegedly Disabled Wife Permanent Alimony, Half of Her Short-Term Durational Spousal Support, Exclusive Use and Possession of the Marital Home and Husband’s Attorney’s Fees

New York Wife receives monthly alimony of $850. This spousal support award is based, at least in part, upon an alleged disability that purportedly prevents Wife from working.

Husband, who is the one paying Wife the alimony, would, of course, prefer to be relieved of his burden. Husband keeps his eyes peeled for opportunities to put an end to it.

And then Husband finds …

Wife’s online blog. With photos of Wife belly dancing.

And entries to the effect that Wife belly dances – vigorouslyseveral hours each and every day.

So, Husband files family court papers to modify his alimony obligation. Wife defends that her belly dancing is purely physical therapy.

But the New York family court sees things differently.

And reduces Wife’s permanent spousal support. To less than half the original amount. And to only two years’ duration.

And awards Husband his attorney’s fees from Wife.

And orders Wife to vacate and sell the marital home … and pay Husband sixty (60%) percent of the net proceeds of sale.

Subsequently, Wife reportedly asserts that she is merely “posing” in some posted photos and that she can and does only gentle stretches, not true belly dancing.

Medical evidence, or even evidence of legal “disability status”, are conspicuous by their apparent absence from the case.

If the ruling seems harsh, it appears that the divorce court concludes that Wife has misrepresented her disability to the court and, in doing so, has defrauded the court. And that doesn’t sit well with the court.

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National Child Abuse Prevention Month Aims to Break the Cycle of Abuse and Neglect

April is National Child Abuse Prevention Month.

A good time to recall that “[y]ears of scientific studies have shown that research-based child abuse prevention programs can give struggling parents the tools they need to become self-aware, better-equipped, more patient parents.”

Especially when the child is very young and bonding and attachment are beginning.

Child abuse prevention programs build on parents’ strengths and teach them about normal child development, how to address challenges and how to manage stress from those challenges.

One veteran child welfare advocate asserts that these programs “break the cycle of abuse and neglect”.

Read more in this [South Florida] Sun Sentinel article: Efforts can slow child abuse cycle.

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From Riches to Rags, In Time for Divorce Filing … Fact or Convenient Fiction?

Husband and Wife are having a bitter – and lengthy – divorce. Going on five years now.

Husband was wealthy while the marriage was intact.

But claims to have suffered dramatic financial reversals … right around the time the divorce was filed. He asserts that he owes 28 million UK pounds to creditors.

Wife contends that Husband is actually hiding 2 billion UK pounds in assets, by re-routing them to overseas accounts and to trustworthy friends.

One such friend is said to have become wealthy only after associating with Husband. Now, the friend remains wealthy, while Husband is supposedly broke.

That friend has paid some monies to Wife to help her with her living expenses.

But Husband reportedly has not made one alimony payment to Wife since 2009, when ordered to do so. Husband is court ordered to pay Wife 27,500 UK pounds each month.

Husband’s former attorney suggests that 8 million UK pounds worth of the debts Husband is claiming are fraudulent and nonexistent.

The UK court’s ruling on this matter is anticipated … in October.

Read more in this UK Telegraph article: Growing riches of ‘penniless’ husband’s best friend.

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Tax Refunds Can Be Intercepted for Past Due Child Support … Sometimes Even Someone Else’s Past Due Child Support

Taxpayer receives a letter from Internal Revenue Service (IRS) advising that Taxpayer’s $4,000 tax refund, instead of being sent to Taxpayer, has been applied to his past due child support obligations. That happens through a process called interception.

Only this Taxpayer has no children. And, no children, no child support obligations. Current or past due.

These things happen.

And, apparently, happen again.

Twelve years ago, there was a different taxpayer who owed back child support. That taxpayer had a similar social security number to this Taxpayer’s.

And a child support services data entry clerk reportedly keyed in a single wrong numeral in that other taxpayer’s social security number. Thereby entering it as this Taxpayer’s exact social security number.

Causing this Taxpayer’s tax refund to be intercepted back then too. Although Taxpayer did get his refund that time, his social security number was never scrubbed from the “deadbeat parents’ database” of social security numbers.

Which is likely how this happened to this Taxpayer not once, but twice.

So far.

Read more in this WUSA TV 9 News Now article: Typo Trouble Costs Taxpayer Thousands.

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