Legal Question in Family Law in California

The other parent has the legal obligation to be as gainfully employed as possible. If the ex has the ability to work and refuses to do so, with proper proof, the judge can impute income to your ex. This could lower the support you are obligated to pay. Consider filing a support motion on these grounds.

You can ask the court to impute income to your ex. Basically you are asking the court to base the support on what she was making or what she is capable of making. It would be reasonable to use her last full time employment as the amount of her income. You can also ask for a seek work order, which is where the court requires her to seek employment. You could send her family law financial discovery and then depose her and also try to depose her domestic partner. It would be best to use an attorney for these things as they know how to ask questions to show she is living above her means and must be receiving financial help somewhere. If you have any questions you can contact our office at www.brianmcginitylaw.com

Good luck