Legal Question in Criminal Law in Georgia

I was divorced in Ga. .. I was ordered to pay thousands a month in alimony and part of my bonuses. This agreement in effect until Death/Remarriage/or CoHabitation... It has come to light that my ex was living with her EX husband 8 months before the divorce was even final.. therefore, I should have never been paying alimony to begin with. They purposely hid their living arrangements and had me deposit alimony via paypal with no address. Even had an attorney send me nasty letters threatening to take me back to court if I didn't pay my bonuses faster... I now have reason to believe they were using all the money I was sending and investing in real estate property to flip. Obviously, I will co through appropriate channels and stop all payments to her immediately.. but is this not considered Fraud?.. can I not press charges and have them arrested for this or at least have them realize they could be potentially be facing jail time for fraud or SOMETHING ?

Asked on 10/20/13, 9:11 am

1 Answer from Attorneys

Glen Ashman Ashman Law Office

You asked this as a criminal law question. It isn't. And when you call your lawyer, you may get very bad news. While cohabitation that starts AFTER an alimony award may (depending on language in the decree) give a basis to go to court and seek termination, cohabitation BEFORE probably does not. Additionally, the statute in Georgia requires the court to assess attorneys fees against you if you file to stop the alimony on this basis and fail.

It sounds like you and your attorney did inadequate discovery. Your one hope will be that somewhere in her discovery answers you see a response that is materially false and gives grounds to reopen the case. Hopefully you used a lawyer in the case, because if you didn't you have diminished your chances now. Note that even if you succeed at stopping alimony, you probably do NOT recover amounts already paid.

Do NOT stop on your own without a new court case. That will almost certainly get you found in contempt and will probably poison any claim you have.

In any event, call your former divorce attorney to discuss the possibilities, and the risks. Regardless, this is NOT a criminal matter as I am sure he has told you.

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Answered on 10/20/13, 9:56 am

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