Legal Question in Family Law in California
Hi there, I am in Pro Per in my divorce case in California. This is a long term marriage, over 10 yrs. I have been doing some research on a Vocational Exam for my soon to be Ex Wife. She was given a Gavron warning almost 10 months ago. She was ordered by the court to go find a job approx. 13 months ago. She found a part-time job, one month later, working the minimum, pushing grocery carts and bagging groceries. At the last hearing I asked that my soon to be ex-wife be imputed with income or 40 hrs at her current rate of pay. The judge said it was not reasonable to impute her with income, because she had been out of work for 18 years. The divorce process started 1 yr and 3 months ago. The divorce is not final yet. At this point can I ask for a Vocational Examination? Can I request that the cost of the evaluation be paid for with community money from my retirement ordering us to split the cost of the eval.? Thank you!
1 Answer from Attorneys
A job well done by you so far. Yes, you should be asking for a vocational evaluation to establish your exes current earning capacity as well as what kind of training could enhance that capacity. If she fails to participate in the vocational evaluation ,or alternatively ,fails to seek jobs that would be equivalent to what her capabilities are from what the vocational a valuation report recommends, the court would then be in a position to impute income to your ex.
This is a complicated area the law. You would best be served by retaining The services of an experienced family law attorney.
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