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Reader Seeks Help in Unfair Alimony Technicality
posted by Scott on Saturday January 11, @06:47PM
from the news dept.
News cobbbiz@yahoo.com writes "I have a legal problem that I think is unconstitutional and I don’t have the resources or the knowledge to change it. I need help!: I am paying $500.00/month in rehabilitative alimony to my ex-wife. She is now living openly with her lesbian partner. Her sexual orientation is the reason for the divorce. Under Alabama state law, the Statute concerning alimony states that it will be terminated if the recipient “cohabitates with a person of the opposite sex”. If my ex-wife were heterosexual and living with another man, the alimony could be immediately terminated. I am working what is equivalent to two jobs while my wife lives in one of the most prestigious areas of Alabama. Is there any source of help? This could make right a poorly-written Statute and unjust ruling not only for me but for all men and in some cases even women."

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Unfair Alimony (Score:1)
by Dittohd on Saturday January 11, @09:32PM EST (#1)
(User #1075 Info)
I'm not a lawyer, but since you brought up the subject, I've got some questions that I'm sure others, including a lawyer reading your post, will be interested to know...

1. Did your ex-wife state in your divorce proceedings that her lesbian preferences were the reason for your divorce?

2. Is she now openly admitting to all that she is in a lesbian relationship? If not, how do you expect to prove that the other woman isn't just a roommate?

3. How long are you required to pay this rehabilitative alimony?

4. Have you talked to your state representatives about getting the law changed and then possibly based on a favorable reply going to court to get the alimony stopped, possibly in anticipation of a change in the law? (I know this is a long shot, but worth a try.)

5. Does your state recognize lesbian and/or gay marriages or partnerships for employment benefits?

Dittohd

Unfair Alimony (Score:1)
by Dittohd on Saturday January 11, @09:39PM EST (#2)
(User #1075 Info)
P.S. Has your ex-wife or her partner applied to either of their employers for benefits that previously were only afforded to married couples but now afforded to one-sex partners by liberal companies?

Dittohd

Legal advice (Score:1)
by incredibletulkas on Tuesday January 14, @10:26AM EST (#3)
(User #901 Info)
I'd definitely call the ACLU if there's a constitutional question, since the issue of "cohabitation" obviously is simply a legal euphemism which refers to an ongoing sexual relationship between the persons, and that the intent of the law is fulfilled if
However, the ACLU is a selective left-wing organization which might refuse anything which might harm women OR homosexuals, and in this case you'd have two strikes against you since this involves both.

I would suggest you write a letter to the judge who awarded the alimony and explain the situation, and get the judge's opinion; also I'd call your county bar association and get a referral for a consulation.

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