Start Your Divorce Today - Premium Divorce Online

Topic Options
#772924 - 01/17/17 04:20 PM Vocational Evaluation?
Cali75 Offline
recently joined

Registered: 01/17/17
Posts: 3
Anyone have experience challenging an ex spouse to work or imput income if she doesnt work? I am in califorina and cant afford to pay this much in spousal and child support while she doesnt work......

Top
#772925 - 01/17/17 04:47 PM Re: Vocational Evaluation? [Re: Cali75]
TJMH Offline

enthusiast

Registered: 07/17/15
Posts: 347
I looked into that but luckily was able to avoid having to do it.

Vocational examiner seems to run about $3,000, plus you'll have the court costs associated with the process--you'll have to file a request for order to have her do the vocational assessment, plus another order to evaluate the results, impute income and recalculate spousal support. The vocational examiner will prepare a report, and you may or may not have to call them as a witness (at your additional expense) So there's a significant cost associated with this, you'll need to evaluate whether you're likely to get a return on your investment from reduced support.

If she's providing child care for your kids that will probably also enter into the equation--even if she has the skills/experience/training to hold a job and there are positions available, the court may find that she's not able to work due to child care responsibilities.

You'll also want to look at your divorce decree and see if it includes a "Gavron Warning." The court needs to formally advise your ex that she has a responsibility to become self-supporting before they can penalize her for not doing so.

Top
#772932 - 01/18/17 08:24 PM Re: Vocational Evaluation? [Re: TJMH]
Cali75 Offline
recently joined

Registered: 01/17/17
Posts: 3
thanks for the info, but how did you avoid it? She was making $150/year for years, now nothing for 3 years.


Top
#772933 - 01/18/17 09:11 PM Re: Vocational Evaluation? [Re: Cali75]
TJMH Offline

enthusiast

Registered: 07/17/15
Posts: 347
Well, my technique might not work for you. In my situation, my ex was in kind of a "hobby business" for several years before we split. My position was that she could have ended her business partnership and gotten a regular job in the same field (she's very qualified and I'm pretty sure there are openings in the field).

She decided that she wanted to keep her business as a part time endeavor and get certified to teach as a full-time career. My lawyer told me I wasn't necessarily obligated to support that (with spousal support) so I believe I could have gone the vocational exam route, gotten her imputed with income and gotten support reduced. That would have cost me a chunk of money for the evaluation and court fight, but I'd have probably gotten it back in reduced support within a year or so.

But since she was actively pursuing her teaching credential and will likely be making about as much as a teacher as she would in her other field, I made an offer that I would continue to pay the higher support while she was getting certified in return for a larger share of cash and stock in the property settlement.

So I kind of feel like that worked out as a win-win for us, but it might not apply to your situation if your ex doesn't genuinely intend to do what she can to support herself.

Maybe a first step for you, if your ex is uncooperative, would be to file a request for order that a Gavron warning be issued to your ex officially reminding her of her responsibility to become self supporting within a reasonable period of time. Possibly that warning from the court will concentrate her mind and get her going. Either that or go ahead and get the court order for the vocational exam, but then tell your ex you won't push it if she'll discuss voluntary reduction in support.

But again, the wildcard here is how much of her time she needs to devote to child care--number and age of kids would likely enter into an evaluation of her ability to work even if she's highly qualified.

Also, I'd definitely recommend running all this by a qualified family law attorney--they can look at your specific situation and give you a better idea what's feasible for you.

Top
#772962 - 01/27/17 04:59 PM Re: Vocational Evaluation? [Re: TJMH]
Cali75 Offline
recently joined

Registered: 01/17/17
Posts: 3
Thanks for the feedback, very helpful!

Top

Moderator:  dsAdmin 


Resources & Tools
Start Your Divorce Online Start Your Divorce
Several Options to Get Started Today.
Divorce Tools Online Divorce Tools
Keeping it Simple to Get the Job Done.
Divorce Downloads Download Center
Instantly Download Books, Guides & Forms.
Divorce and Custody Books Discount Books
Over 100 of the Best Divorce & Custody Books.
Negotiate Online Negotiate Online
Settle your Divorce and Save.
Custody and Support Tracking Custody Scheduling
Make Sure You Document Everything.

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code: