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New Jersey Alimony Investigation (1)

Bob Cowan - Owner of Cowan Investigations, a New Jersey Private Investigator

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A New Jersey Alimony Investigation conducted by a New Jersey Private Investigator Focused On Cohabitation To Eliminate or Reduce Alimony

In 2014 the New Jersey Legislature significantly altered the laws in New Jersey pertaining to the payment of alimony. One of the many significant changes in the laws governing spousal support was the factors surrounding New Jersey Cohabitation, as it pertains to alimony. The change in the spousal support laws has resulted in New Jersey Private investigators being diluged with phone calls concerning the 2014 revisions. Most of the questions I have fielded was whether I felt there was a basis to conduct a New Jersey Alimony investigation in order to determine the existence of cohabitation. I have handled many successful cohabitation cases by having successfully conducted the required New Jersey Alimony Investigation. I have handled countless phone calls from potential clients to consult with me in regard to their options.- in terms of a New Jersey Cohabitation Investigation.

The author Bob Cowan is the owner of the New Jersey based Cowan Investigations. Bob is the former Chief of the Jersey City Police department 

Before we proceed further it would be beneficial to discuss the in the alimony (spousal support) law revisions that occurred in 2014, with respect to cohabitation

The New Jersey 2014 Revision The Laws Governing Alimony Has Resulted In many Calls For The Commencement Of A New Jersey Alimony Investigation

The subject of most of the contacts I have received in regard to the revision of the alimony law, a change in a large part that pertained to what constitutes cohabitation.  the revision to the law explained that a Court “In evaluating whether cohabitation is occurring and whether alimony should be suspended or terminated, the court shall also consider the length of the relationship.  A court may not find an absence of cohabitation solely on grounds that the couple does not live together on a full-time basis”

To simplify the above passage I would think it is fair to say that revision means having a “separate” residence is not going to ipso facto mean that a couple do not cohabit with one another.  To be clear, this cohabitation change in the alimony law is not the only alteration but it was significant in terms of leveling the playing field for those paying alimony.  In the past most people would shy away from commencing a New Jersey Alimony Investigation because the payee’s significant other had a separate residence.  this is no longer the case many client’s have come armed with information on the goings on at the home of a former spouse receiving alimony.  The Client while often not completely certain would often initiate a preliminary New Jersey Alimony Investigation to determine if a full-fledged cohabitation investigation is warranted.

There Is Much More To a New Jersey Alimony Investigation Then Cohabitation

One of the interesting concepts you do not really see when you first glance at the divorce laws as it pertains to New Jersey Alimony and Cohabitation is the fact that one size does not fit all. one of the first things I will do when intaking a New Jersey Alimony Investigation is request to review the marital settlement agreement (MSA). More often then not divorcing couples will Taylor make their entire agreement. I have seen some agreements that have created their own definitions of cohabitation this is often the result of the negotiation which occurs between the New Jersey Family Law Attorneys. It is important to remember that most New Jersey Divorce Agreements are going to arise from the issuance of consent orders” in where the parties to the divorce mutually agree on the terms of the marital settlement agreement. Plenary hearings are not the preferred or predominent hammering out a marital settlement agreement, as stated most agreements are the result of negotiations.

As discussed earlier Under the 2014 statute, the court may suspend or terminate alimony if a payee cohabitates with another person. Pursuant to the law, cohabitation involves a mutually supportive, intimate personal relationship in which a couple has undertaken duties and privileges that are commonly associated with marriage or civil union but does not necessarily maintain a single common household.

When A New Jersey Court assesses whether cohabitation is occurring, the court shall consider the following:

(1) Has the couple Intertwined finances such as joint bank accounts and other joint holdings or liabilities;

(2) Has the couple Shared joint responsibility for living expenses;

(3) The recognition of the couples relationship in the couple’s social and family circle;

(4) The couple living together, the frequency of contact between the couple, the duration of the relationship, and other indicia of a mutually supportive intimate personal relationship;

(5) The couple Sharing household chores;

(6) Whether the recipient of alimony has received an enforceable promise of support from another person within the meaning of subsection h. of R.S.25:1-5 (“palimony”); and

(7) All other relevant evidence.

What To Do before You Retain A Private Investigator To Conduct A New Jersey Alimony Investigation

One of the first steps in retaining a New Jersey Private Investigator is to locate a private investigator who has a handle on the law

A New Jersey Alimony Investigation can be very expensive and it is so very important to do your due diligence research in order to find a New Jersey Private Investigator. It is important the New Jersey Private Investigator is familiar with the New Jersey Cohabitation laws and how to obtain evidence to succeed in a New Jersey Alimony Investigation. Bottom line, you need to retain a private investigator that knows how to properly obtain legally admissible evidence of cohabitation during the New Jersey Alimony Investigation

One of the better ways of finding the right fit of a private investigator to conduct your New Jersey Alimony Investigation is to find a private investigator with good and verifiable references.

The author Bob Cowan specializes in New Jersey Cohabitation Investigations, Child Custody and Infidelity Investigations is a licensed New Jersey Private Investigator. Bob is the former Chief of Jersey City Police Department. Jersey City is the second largest municipality in New Jersey is separated from New York City by the Hudson River. Bob is a thirty-five-year veteran of the Jersey City Police Department and has been involved in a voluminous amount of investigations. In his time as the Chief of Police Bob Coordinated and assisted in numerous investigations with agencies such as; FBI, USAG Office, DEA, US Marshalls Service, New Jersey State Attorney Generals Office, Hudson County Prosecutors Office as well many contiguous police agencies.

Read his bio here

If you wish to speak with me regarding this article, or if you need a consultation regarding it’s contents please do not hesitate to call me at 732-837-8444, seven days a week 8:00am to 8:00pm.

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