Legal Question in Family Law in California

Re: adjusting spousal support

You are almost certainly entitled to a reduction of your child and spousal support, however, you should talk to an attorney and get an opinion and a calculation of guideline child support. This isn't a case in which you want to file a motion only to have your support go up. Good Luck, Pat McCrary

Re: adjusting spousal support

You are within your rights to apply to the court for a modification of spousal support.

The standard to meet for a change is support is "Change of circumstances", either hers or yours. If she is working additional hours you may be entitled to a reduction.

If a Gavron warning was issued at time of trial and she now refuses work you may be able to get a reduction of support or sanctions against your ex wife based on her refusal to accept work.

I would be happy to disucss this with you further. Good Luck. Hollie A. Lemkin

Re: adjusting spousal support

The test for imputing income comes from a case called In re Marriage of Regnery. It is essentially a 3-prong inquiry: 1. Does the spouse have a skill, 2. Is there a market for the skill and 3. Is the spouse deliberately refusing to market the skill.

Teachers are in demand. She could probably have $40,000 imputed to her.

I'd file the motion.