Termination of Spousal Support

My ex-wife has remarried, but is claiming I owe her back spousal support. I am trying to prove cohabitation back to 2014 and have a witness our sonwho will testify for me that the couple were in fact cohabitating he lived with them. I’m still paying support due to her and her attorney claiming I owe her back support. We are set to go to trial on March 28. My ex-wife is continually calling my son and asking him questions about his part in the case and what he is planning to say. I have warned her attorney that I feel this constitutes witness tampering. If she continues, is this grounds for complete dismissal of the case?

Asked on March 19, 2018 under Family Law, Oklahoma

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

I doubt that her talking to your son would impact a dismissal to the extent you wish.  I would, though, stop telling him anything and possible try and prove your case without him involved, since it really places him in the middle of things.  Also, I would check your state laws on this and for that reason alone I would go and speak with an attorney on a consultation basis.  Here is why: some states only let you stop paying from the date you FILE the request, not back in time.  The onus is upon you to have filed when you thought she was cohabitaing.  So you may be legally barred from going back the 4 years.  Just be sure.  Good luck.


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