Legal Question in Family Law in California

Gavron Warning

My exwife refuses to go back to work she has been reciving alimony for 4 years. She has had a job as a doctors assistant and recetionist in the past. We were married 18 years, she did not work for the last 15 years of our marrage. My 14 year old daughter lives with her my son is 18 now and his child support is over by court order. She is trying to get more money from me so she doesnt have to go back to work to make up the differance of loosing my sons support. How can I get her to make an effort to support herself legaly. I believe she is getting monitary help from an outside source which is alright with me but if I could prove this wouldnt this be considered income and the alimony could be reduced? Please help I have fulfilled all my obligation as per the court order to date.


Asked on 7/24/07, 4:27 pm

2 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Gavron Warning

You may aggressively attack the spousal support with an OSC and opening discovery. Contact me directly.

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Answered on 7/24/07, 5:05 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: Gavron Warning

The first line of defense is that there is significant caselaw which states that a child being emancipated and therefore no child support being paid is not a "change of circumstances" to allow a modification of support. Just won a similar case, however, every case is unique so yours may have different facts, with a different outcome. I suggest that you retain an attorney. You will need to file points and authorities which will probably need to be prepared by an attorney. Good Luck, Pat McCrary

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Answered on 7/24/07, 5:20 pm


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