Legal Question in Family Law in California
Former Spouses Earning Capacity
My former spouse was laid off from her position in Sept 2001 after 20 yrs w/the company. She stated that her employer offered her other full-time employment, but she opted for the layoff w/severance pay. Her year 2000 earnings were $52,400. The child support agency handling our case has found that I have overpaid my support by $4,000. My ex-spouse refuses to abide by their audit & has asked to have the support modified. She recently began working ''full-time'' @ minimum wage, and I believe will state her income @ approx $1,100 to $1,500 per month. Her 2000 earnings indicate it s/be $4,370 per month. What recourse do I have? I believe her earning capacity is considerably more & have copies of employment opportunities available from her former employer from the time she quit. She claimed that she wanted to spend more time w/one of our children to help w/his grades. His grades & school behavior have slipped further since she quit her job. What can I do to have the court calculate the support on her previous income?
2 Answers from Attorneys
Re: Former Spouses Earning Capacity
If you can document that she was offered the new job, or that she is qualified for other jobs and refuses to work, the court could impute income to her. There is a lot of case law on this issue.
You might have to use a vocational evaluation, but it will probably be worth the expense ($1000-1500).
Reply: Former Spouses Earning Capacity
In order to have the court "impute" earnings to your spouse, you have to show "ability" and "opportunity". I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net
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