Legal Question in Family Law in California
My ex-wife hasn't been able to find a job in over a year and is losing her unemployment benefits in a few months. I am paying more in child support because she has been out of work and will be paying more when her unemployment runs out. I know the job market is terrible and I am not forcing to work but will the courts consider her past earning potential or any amount when the time comes to do an updated dissomaster? Also my ex-wife's domestic partner makes a lot of money and can support my ex-wife. Can that be taken into consideration? Such as it would make it a lack of urgency to find a job.
2 Answers from Attorneys
In order to get her earning potential imputed to her, you first need to obtain a "find work" order that will establish court monitoring of her efforts to find work. If she complies with the terms of the order about trying to find work and genuinely cannot find work, the court will continue to accept that she does not have income and order child support accordingly. If she refuses to agree to a find work order, or if she fails to comply with it, then you can ask the court to recalculate support based on what she could be earning if she really tried to find a job.
If she is underutilizing her employment skills, you may wish to invest in the cost of a vocational evaluation.
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