Modifying you legal agreement and spousal support
LEGAL SEPARATION AGREEMENT
It is, of course, important for both parties to adhere to any court ordered judgment after the breakup of a relationship. However, sometimes one partner will fail to do so. In other instances, life circumstances change substantially after the end of a relationship and the judgment is no longer fair to one of the two parties.
In these situations, it is necessary to have a qualified family law attorney help you implement a modification or enforcement of your judgment.
END SPOUSAL SUPPORT
The goal of the court in every divorce action is to create a fair division of both your assets and provide support to the lower earning spouse so that he or she may become self-sufficient within a reasonable time. Many courts accept that half the length of a marriage is a reasonable time in which to become self-sufficient.
If you are coming up on that deadline, you can start taking steps today to lower your support so that the arrangement remains fair.
We can file a motion and request the court to order a vocational evaluation of your spouse – an assessment that examines their education background, level, work experience, and possible areas of employment. In certain cases, this will produce an expert report stating the spouse’s potential earning ability.
The court certainly cannot force your former spouse to work even if the vocational examiner finds that he/she is able to work. However, a judge can impute that income onto him/her. Simply put, the court assigns a fair income to the spouse and recalculates the support figures as if they were earning that income, reducing the support they are entitled to receive.
Another consideration is the presence of a Gavron warning in your judgment. A Gavron warning is an optional clause whereby the spouse who is receiving payments is expected to support themselves within a reasonable amount of time after the divorce, at which point the alimony or spousal support payments would end. It is often included in the judgment when the spousal support order is made.
If your former spouse’s circumstances have changed since your divorce, it’s time to talk to a qualified family law attorney. Is your former spouse collecting alimony while failing to work or work to their potential? Is your former spouse living with a new partner? The Hills Law Group can help.
REDUCE SUPPORT WHEN INCOME GOES DOWN
ENFORCE YOUR JUDGMENT
HAVE ANY QUESTIONS?
Let me help you get what you and your family deserve.