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The triggering of the termination of alimony would be death of

the Termination of Alimony and Cell Phones

Canada Goose sale What’s a family law mediator and divorce coach like me doing writing about some techy new way to leverage cell tower location data to support or refute canada goose store a claim for the termination of alimony? Isn’t mediation about resolving disputes without the need for litigation? Canada Goose sale

buy canada goose jacket cheap While mediation’s goal is to facilitate the canada goose coats resolution of disputes without the need for protracted and costly litigation, it doesn’t ignore the utility of basic discovery tools available to assist the parties in negotiating settlements. Let’s Canada Goose Online examine an underlying dispute regarding canada goose coats on sale cohabitation and alimony, and review how the use of cell tower location data could motivate the parties towards a more timely and cost effective resolution. buy canada goose jacket cheap

canada goose clearance In today’s modern economy, the recipient of alimony is gender neutral. Canada Goose Coats On Sale Gone are the days of Mad Men’s Betty Draper, who stayed at home to raise the children, while Husband, Don, was working at the advertising firm. For better or worse, today’s modern woman is equally at risk of a spousal support obligation, just as her male counterpart of yesteryear. Just as the alimony burden is gender canadian goose jacket ignorant, so too is the desire to see it end as quickly as possible. canada goose clearance

Canada Goose Outlet Imagine this scenario: Wife is a senior executive in the fashion cheap Canada Goose industry earning six figures. Husband was laid off from his employment as a mobile pager salesman eight years ago, and decided to stay at home to take care of the cheap canada goose uk kids and household. Husband and Wife divorce, agreeing Canada Goose online that alimony is predicated on canada goose clearance sale Husband’s need for (and Wife’s ability to pay) spousal support for a period of buy canada goose jacket 10 years. The triggering of the termination of alimony would be death of either party, Husband’s remarriage or cohabitation with a member of the opposite sex. Post divorce, Husband becomes involved in what appears to any Canada Goose Jackets outsider to be a serious, long term relationship with a woman, who does his food shopping, cleans his house, and vacations with him. Wife suspects that the woman is living with her former Husband, and after waiting several months, confronts him, alleging that he and his new girlfriend are cohabitating. and doesn’t return until the following morning. Canada Goose Outlet

canada goose store While the definition of cohabitation varies from jurisdiction to jurisdiction, typically it is shown by evidence of financial, social and sexual interdependence, including living together in Canada Goose Parka the same residence. Therefore, as a basic starting point, the ability to prove or disprove the whereabouts of ex Husband’s new girlfriend may become the centerpiece of the dispute. The nature of the dispute creates an inherent imbalance of power because (1) the girlfriend is not a party to the canada goose uk black friday lawsuit, and may not be subject to some of the discovery tools traditionally canada goose clearance available; and (2) the spouse receiving alimony can engage uk canada goose outlet in a “catch me if you can” behavior, leaving the payer ex spouse frustrated and unable to establish key elements of the case. Can this imbalance of power be neutralized? canada goose store

canadian goose jacket Yes. In this example, by obtaining the girlfriend’s cell phone records, alimony payer ex Wife will be able to determine canada goose outlet the number of overnights spent at former Husband’s canada goose uk shop residence, thereby establishing one key element of the cohabitation claim, namely, living together in the same residence. While overnight stays are not the only criteria required to prove a supportive relationship, they are an important element to establish or disprove. canadian goose jacket

canada goose clearance sale Cell tower location data is objective evidence, and extremely persuasive when used in courtroom arguments, mediation or settlement negotiations. The information revealed can level the playing field in termination of alimony cases by eliminating the “he said/she said” aspect of quantifying the number of overnights in Canada Goose Outlet controversy. Piece by piece, the case begins to Canada Goose sale come together. or fall apart. In this example, the same records could have been used by the ex Husband, to refute the allegations that he was violating the terms of the divorce agreement. Mutual benefits include: canada goose clearance sale

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buy canada goose jacket The termination of alimony is a touchy subject for those paying or receiving the financial support post divorce. Proving cohabitation is a challenging, costly proposition that inevitably puts the parties at odds, and often results in the spur of new litigation. How could this information have been uk canada goose productively used in mediation discussions in this scenario? First, the knowledge that this data exists could have avoided the costs related to private investigators for 24/7 video surveillance of ex Husband’s residence. Second, the availability of this information could have avoided some of the legal costs and expenses related to discovery. Third, there could have been opportunity to accept a reasonable settlement offer, including a reduction or modification of canada goose black friday sale alimony, canada goose uk outlet rather than immediate termination. Cell tower Location data creates a balance of power in cohabitation claims, where the living arrangements are at issue, and operates to either support or refute claims for termination of alimony buy canada goose jacket.

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