Legal Question in Family Law in California
I am currently going to family law court regarding a reduction of child support. My Ex-wife only works 16 hours a week and refuses to work full time. She is remarried, and her husband makes a substantial amount of money ($120k per year). Our household incomes are about the same.
A "Seek Work Order" was granted by a Judge and a review was set. We go back to court in two weeks...For the last 4 months she has refused to look for work, and is still refusing to agree to any imputation of her income. The Judge told her in court several months ago that the child support would be imputed no less than 32 hours, if she refused to get a full-time job.
Instead of trying to settle, her attorney just filed a "Motion to Pay Attorneys Fees."
Does the Judge take into consideration the circumstances of the court case, and what other Judges have ordered in the past? Do they also look at the entire household income? My new Wife and I are expecting twins in a month, and we ovbiously have our own financial burdens to bear.
Do Judges easily award attorneys fees to a party? Doesn't there have to be a compelling reason to award one party to pay all attorneys fees?
My Ex-Wife drives a $65,000 vehicle, and lives a very comfortable life. She has had no problem paying her attorneys fees for the last 7 years. I am clueless as to why she is trying to get me to pay her fees!?!
Any information anyone can give me would be helpful. Thanks!
2 Answers from Attorneys
The burden is on you to show there is available employment that your x wife can pursue to justify an imputation of income. You should consider a vocational evaluation to establish her employability. If the expert evaluator determines that you ex has the ability to work and is unjustified in being underemployed, then the court has the power to impute income.
This area of law is VERY complicated. If you do not already have an attorney, I strongly urge you to invest in the proper management of your case by retaining an attorney skilled in this area of law.
Ms. Kock is right, this is a complex area of the law. It is not a place for amateurs.
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