In Placer County spousal support cases, the spousal support court is required to presume a reduced financial need if the recipient spouse is romantically cohabitating with a member of the opposite sex. The recipient spouse can overcome this presumption by demonstrating his/her need for support based upon admissible evidence. However, spouses sometimes have difficulty proving their ex-spouse is romantically cohabitating with another person.
There are a few ways to obtain this evidence of romantic cohabitation in Placer County spousal support case. First, you can serve discovery under oath or notice your ex-spouse for a deposition and ask him/her legal questions about romantic cohabitation under oath. Second, you can use discovery to obtain the cell-phone number and address of your ex-spouse’s suspected romantic cohabitant and then subpoena cell-phone records and location tracking. Third, you can hire a private detective to follow your ex-spouse and see if they are living with their new significant other.
If you are involved in a Placer County spousal support case, and you think your spouse is romantically cohabitating, we recommend you talk to our Placer County spousal support attorneys to discuss the effect on your case. Call us today for your free half hour consultation.
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