April 11, 2020

By Marc A. Garza, GRI Investigations

In California, one way a spousal support order can be modified after a divorce is to obtain evidence to show that a recipient former spouse is "Cohabitating" with someone. California Family Code 4323 (a) (1), states, "there is a rebuttable presumption, affecting the burden of proof, of decreased need for spousal support if the supported party is cohabitating with a non-marital partner." In order for this legal concept to work, an investigator has to obtain actionable evidence that the former spouse is both in a dating relationship of some kind AND that the couple is living together. Some evidence that attorneys can subpoena are information on joint bank or financial accounts and real estate deeds or leases to name a few. An investigator, with the use of photgraphic evidence and surveillance, can document that the couple is in a romantic relationship and they are living together. In addition, a licensed investigator can testify in court to support their investigative findings. GRI has extensive experience in obtaining evidence and testifying in court for these types of legal cases. Give us a call to discuss your investigative objectives.