Additional information: My ex wife wants alimony but refuses to pay me child support. She is currently living with her new boyfriend and to date has refused to support her daughter but is insisting on me giving her alimony. Will the courts grant her alimony even when she is working full-time but refusing to work OT that she used to work when we had been together? She makes 35,000 and I make 83,000.
Answer: As you mention in your question that your wife is living with her new boyfriend – the alimony statute actually provides that if a spouse is maintaining a “common household” with another for a period of 3 months, alimony would be suspended, terminated or modified. It would seem that requesting alimony while one is “living” with a significant other would be difficult under the law, however her situation may change. You may want to consider mediation as a way to explore and discuss the very difficult issues you are clearly encountering. How your family can address the financial issues in a way that will be fair and equitable for all and provide for your daughter is the basis of divorce mediation. A neutral professional will assist you in making decisions on all the issues involved in a comprehensive divorce agreement.