If my final decree states that I no longer have to pay my ex’s car payment if she remarries, can I stop making payments if she moves in with her boyfriend?

UPDATED: Oct 5, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 5, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my final decree states that I no longer have to pay my ex’s car payment if she remarries, can I stop making payments if she moves in with her boyfriend?

She recently leased a 1BR apartment with her boyfriend – the same man she was cheating on me with when we were married and the reason I divorced her. Is this enough to allow me to stop making the payments? I would gladly file a motion for contempt to make it official with the courts and I have plenty of documentation to prove her living arrangement. Since this is a civil union of sorts, I am thinking that I can win based on the spirit/intent of the law.

Asked on October 5, 2011 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

When it comes to decrees and final orders, they are usually interpreted more strictly than “general principals of law.”  That means that what you agreed to or what the judge ordered in your final decree will control.  If the final decree requires remarriage, then cohabitation is not enough… you’ll have to prove an actual union of marriage.  Texas recognizes two types of marriage—regular and common law.  Of course, he she legally marries the boyfriend, then the decree would authorize you to discontinue the payment.  Common law marriage is a bit trickier.  It not only requires the couple to live together, but also to agree to be married and hold themselves out to married.  If your ex-wife is only living with the boyfriend, it will not qualify as a remarriage.  That being said, you still have potential options.  The first is to quit paying anyhow and force her to file a motion to enforce against you.  Some people do this and then find themselves paying extra attorney’s fees and court costs in an enforcement action.  Another route is to possibly ask for a modification of the support obligation (if that's how the car payment is characterized) because there seems to have been a material change in her financial situation.  Depending on other wording in your decree, you may have additional avenues.  To get more specific advice, it would be worth a consultation fee to have a family law attorney review your decree and all of your options.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption