Cohabitation – Alimony Credit For Boyfriend payments to Ex-Wife
In a Decision – Knox v Knox - (an "Unreported Decision") >>
the Court Held:
It is well established that cohabitation is a changed circumstance that could warrant a modification of an alimony obligation. Gayet v. Gayet, 92 N.J. 149, 155 (1983). If the payor spouse can prove cohabitation of the dependent spouse, the payor can seek a reduction in alimony by showing either the dependent spouse's economic needs have decreased due to the financial assistance of another or by showing the payor's alimony payments are subsidizing the third-party cohabitant. Boardman v. Boardman, 314 N.J. Super. 340, 347 (App. Div. 1998).
Here, the judge found plaintiff credibly testified that although she and her boyfriend spent time together in her home during the thirty-six months in question, they each maintained their own independent households. The boyfriend only gave plaintiff money when she was unable to make her mortgage payments after defendant stopped paying her alimony. We defer to the judge's credibility finding. Cesare, supra, 154 N.J. at 411. Under these circumstances, the judge's determination that defendant should receive a $300 per month credit toward his alimony arrears was fully supported by sufficient credible evidence in the record.