If you have just gone through a contested divorce and are paying alimony, you may be concerned that your spouse could defraud you out of the support you provide. That is, if your spouse has found another partner, he or she would no longer be eligible to receive your financial assistance. Now, experts in the field say that technology could help track your ex’s relationship to ensure a fair spousal support situation.
Cell phone data is among the most ubiquitous types of information used in spousal support arguments. A series of research and professional articles show that cell phone information can help determine whether your ex is, in fact, cohabitating with someone without the court’s knowledge. This strategy is further bolstered by a recent decision from the United States Court of Appeals for the Fifth Circuit, which ruled that cell phone data is considered a business record. In other words, cell phone data cannot be viewed in the same light as other personal information. It is not subject to the same privileges that other private information might receive.
As a result, more alimony payers are able to track their ex-spouses to determine whether they are defrauding the courts by cohabitating under the radar. It is easier to determine whether your ex is actually living with someone, thanks to cell phone tracking data that can place each person 24 hours a day. In addition, if your spouse is actively cheating on you, you could track his or her movements to provide additional information during divorce proceedings.
The new ruling means that no one should have an expectation of privacy when it comes to the location from which your calls are placed. Although the content of your conversations could still be considered private, location tracking can provide ample evidence of cohabitation, leading to changes in alimony agreements.
If you think your ex-spouse is cohabitating, consider seeking assistance from a qualified family attorney. These professionals can help you learn more about your rights and responsibilities, allowing you to pay a fair amount of spousal support.
Source: www.huffingtonpost.com, “Termination of Alimony: Another Look at the Utility of Cell Tower Location Data” Diane L. Danois, Aug. 05, 2013
