Cohabitation

Cohabitation investigations

When the New Jersey alimony reform law was passed on September 10, 2014, the NJ legislature ended lifetime alimony and enabled the courts to suspend or terminate alimony in situations when the receiving spouse is involved in a cohabitation situation. With these changes in the law, it is MUCH easier to reduce, suspend or ELIMINATE alimony when cohabitation is taking place. However to file with the court, you MUST have evidence. Creative Solutions specializes in conducting cohabitation investigations and getting REAL evidence to help your case. Investing in a Creative Solutions Cohabitation Investigation could save you thousands of dollars.

Cohabitation is legally defined as a “Mutually supportive, intimate personal relationship in which the couple has undertaken duties and privileges which are commonly associated with marriage/civil union but does not necessarily maintain a single household.”

The courts consider seven factors when determining to eliminate alimony in a cohabitation situation.

  1. Intertwined finances such as joint bank accounts and other joint holdings or liabilities.
  2. Sharing or joint responsibility for living expenses.
  3. Recognition of the relationship in the couple’s social and family circle.
  4. Living together, frequency of contact, duration of the relationship, and other indicia of a “mutually supportive intimate relationship.”
  5. Sharing household chores.
  6. Whether the recipient of alimony has received a promise of support from another person (i.e. palimony).
  7. All other relevant evidence.

NOTE: The couple does not have live together full-time, to be considered in a cohabitating relationship.

Creative Solutions Investigative Services™ specializes in conducting residency investigations to prove cohabitation for relief of alimony. Due to our extensive experience in successfully conducting these complex investigations, Creative Solutions has become a trusted resource for the legal community. Creative Solutions’ specific, proven process, provides overwhelming, compelling evidence, meticulously organized in an extremely compressive report. Our cohabitation cases and methods have successfully withstood the scrutiny of hearings and trials in Family Courts throughout New Jersey.

CSIS Comprehensive Cohabitation Investigation™

Creative Solutions approaches these cases in a specific way and obtains evidence through four different approaches/methods. We then tie all of the evidence together in a very comprehensive cohesive report which can often be over 300 pages and includes a detailed summary of the evidence obtained.  Below are four of the investigative techniques we employ in these cases.

  • Deployment of a long-term covert static camera. The camera will have a view of the residence(s), set on time lapse constantly capturing images, 24 hours a day, with evidentiary photos separated and put into the report.

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  • Video documented surveillance. An investigator conducts targeted physical surveillance documenting the subject’s activities, doing chores, vehicles at the residence and supporting what the static camera captures. Intelligence obtained from the static camera ensures a minimal amount of exposure for the field investigators by targeting times when there is a likelihood of activity. Screenshots of the video are placed in the report.

 

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  • Trash Audit. Trash discarded off the property is legally obtained and reviewed for evidence, which may include receipts of purchases, bank records, love notes, letters, bills, thank you notes from friends/family, photos etc. Evidence obtained during the trash audit is secured, with evidentiary photos put into the report.

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  • Background/social media investigation. A background investigation is conducted, which includes motor vehicle searches and obtaining other government records. A social media investigation will often reveal Facebook posts of their activities at holidays or vacations or acknowledgement of their relationship by friends and family. Screenshots of evidentiary posts are put into the report.

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Pricing structure:

Before we ask a client to commit to a CSIS Comprehensive Cohabitation Investigation™, we recommend a CSIS Phase 1 Cohabitation Investigation™. For these investigations, Creative Solutions bills on a flat rate, which enables you to determine your legal budget and plan the cost of the investigation and litigation.

Phase 1:

Duration: 4 weeks.

Cost:  (Call a Creative Solutions representative for pricing)

Investigative techniques employed:

  • Static camera – 4 weeks.
  • Social media review.
  • Physical surveillance by field investigator.
  • Intel review of evidence obtained.

After the four week period, Creative Solutions will consult with you and render an assessment of the proofs obtained and the likelihood of success in proceeding with a Phase 2 investigation.

Phase 2:

Duration: Additional 4 to 6 weeks.

Cost: (Call a Creative Solutions representative for pricing)

Investigative techniques utilized:

  • Static camera – 4 to 6 weeks.
    • Possibly a static camera deployed at location where subject falsely claims to be living.
  • Full background investigation, including government record retrieval, motor vehicle, etc.
  • Social media monitoring, including family friends and children.
  • Regular physical surveillance by field investigator.
  • Trash audits.
  • Other investigative techniques (depending upon case circumstances).
  • Preparation of two sets of the comprehensive report and digital media (Flash drive and DVD containing digital evidence and of PDF of reports.)

 

Call a Creative Solutions cohabitation specialist TODAY. Every day you delay is an extra day you are paying alimony!