Monday, March 28, 2011

HOW CAN I PROVE THAT MY EX-WIFE CAN WORK?

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:


QUESTION: Can I file an Order to Show Cause to force my ex-wife to prove she cannot work. She has submitted a doctor's letter saying she cannot work. I say she can work; she says she cannot. I'm forced to pay more than 50% of my full time and part time income through garnishment as Spousal Support. I want to prove she can work even part time, but she refuses to.


ANSWER: You would need to seek to prove that your ex-wife can work. You should file an Order to Show Cause for the appointment of a Vocational Consultant to perform a vocational examination of your ex-wife, and for a Gavron Warning from the Court. Your wife may respond to your Order to Show Cause by claiming that she can't work and by seeking to prove that she cannot work.

The Gavron Warning would consist of the Judge's warning your ex-wife to the effect that she needs to make a reasonable, good-faith effort to become self-supporting, and if she fails to do so, her Spousal Support may be reduced or terminated.

The vocational examination would include an interview of your ex-wife, evaluation of her education, training and experience, a labor market survey for jobs which she is qualified to take, and preparation of a Report setting forth the jobs available to your ex-wife and their wages, as well as education and/or training that she could undertake to qualify for better jobs, the cost and duration of that education and/or training, and the jobs that would be available to her after the education and/or training and their wages, and when she would be available for those jobs. The Vocational Consultant will likely consider the doctor's letter, and may need to consult with another doctor to evaluate your ex-wife's limitations.

The desired result of the vocational evaluation is a report and testimony which persuades a Judicial Officer to impute income to your wife and reduce her Spousal Support.

You might also file an Order to Show Cause or Motion for an Order for a Physical Examination of your ex-wife by a doctor of your (or your lawyer's) choice, to assist in the evaluation of your ex-wife's alleged disability and testify as to her ability to work, her limitations, and her likely malingering.

You should retain an experienced Family Law Attorney to represent you in these matters.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. www.conviser.net.

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