How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask lwpat Your Own Question

lwpat
lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25384
Experience:  Practicing family law attorney
15417118
Type Your Family Law Question Here...
lwpat is online now
A new question is answered every 9 seconds

I was ordered to pay temporary support after separating from

Resolved Question:

I was ordered to pay temporary support after separating from my wife. After the separation, she voluntarily quit her job, losing salary and benefits. If she no long required the $4,000 a month this job paid, why should she still be entitled to my $750 a month, and how will this effect the final judgement or permanent support amount?
Submitted: 3 years ago.
Category: Family Law
Expert:  lwpat replied 3 years ago.
Are there any children and how long were you married? Can you prove that she voluntarily quit?
Customer: replied 3 years ago.
No children, no other outstanding legal issues. Separated at 19 years. No written proof of her termination, other than her statements. Her lawyers assumption is that she will receive 1/2 of marriage, even though she is/was a highly compensated professional during the majority of the marriage, just not at separation.
Expert:  lwpat replied 3 years ago.
California is a community property state so the marital estate will be split fifty fifty. This will include any pensions that either of you may have. Your attorney needs to subpoena her work records and try to prove that she left voluntarily even if you have to subpoena her supervisor to court. It will be very important to show that she can obtain gainful employment in order to keep down any award of alimony. If you have any specific questions please continue in this thread.
Customer: replied 3 years ago.
There is no marital estate question here. This is specific to Spousal Support. My question is as stated, If she no long required the $4,000 a month this job paid, why should she still be entitled to my $750 a month, and how will this effect the final judgement or permanent support amount?

Expert:  lwpat replied 3 years ago.
Often the only answer to a question is "because the judge said so". While one may disagree with the ruling, it is what it is. In your case the 750 was ordered while she was employed so her not being employed could only give the judge a reason to increase your support amount, not decrease it. In addition, since there is no marital estate and she is now unemployed, then she will be arguing for more alimony and may get it.
lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25384
Experience: Practicing family law attorney
lwpat and 7 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
Rather than selecting the "Not satisfied.." option, let me try this one more time...

The $750 temp support was based on her WORKING and drawing a SALARY at the time of separation. Now she has voluntarily QUIT that $4,000 per month job. Is there any logical/legal/common sense reason why the $750 should not be modified downward or eliminated all together? I understand a "Gavron Warning" may have an effect; and looking for some precedent to do so.

I'm sorry to be very blunt, but my impression from the justanswer.com website is that there would be detailed legal advice available from "legal experts". If my expectations are incorrect, I apologize in advance.
Expert:  lwpat replied 3 years ago.
I am going to opt out and allow other experts the opportunity to reply. Good luck to you.
Customer: replied 3 years ago.
Relist: Other.
I thought I was being fairly clear in my question, but answers given were not on topic. If I can clarify further, please ask! I'd really like to have the opinion of someone who understands what I'm asking, and has experience in this matter. Thanks ~ Paul
Expert:  AlexiaEsq. replied 3 years ago.
OK, I think you need to look at it quite differently, (and your prior expert was accurate). Let me try to explain:

With regard to your most recent post:

Rather than selecting the "Not satisfied.." option, let me try this one more time... The $750 temp support was based on her WORKING and drawing a SALARY at the time of separation. OK, you may want to count your blessings that you are only paying $750! That $750 was based on the knowledge that she also had $4000/month on her own. If the judge learns she no longer has $4000 and does NOT find you to be accurate that she quit, he could UP your support. (What if she quit due to medical problem??? Do you still lthink you should profit by yanking back the $750?) The $750 is based on a combination of factors, both need and her contributions to the partnership and your income for 19 years.

I must also presume that YOUR income is greater than her $4000, is that correct? OTherwise there'd likely be no support or she'd be paying you.

Now she has voluntarily QUIT that $4,000 per month job. Her quitting her job voluntarily is not a reason to stop the $750/mo...Apparently, the judge decided that she should have $4750/month to be even/where she deserves to be in fairness, after 19 years with you. $4000 from her, $750 from you. He is not going to brain analyze how she chooses to get by on $750 from you, if she quit - that is her problem. For all he knows, she has been scrimping and saving so she can still produce the $4000 without working. For all you know (and it is not relevant), she won the $4000/mo for life lottery. If she did, do you still think you should not pay the support of $750? Again, Not pertinent. The $750 is what you owe her for those years of partnership....

Regardless of how she is or is not getting her $4000, the $4750, $750 from you, is what the judge felt she deserved after putting in her efforts to this marriage and your career for 19 years. (Obviously, she will not be living the same life level at $4750 that she did when with you...I'm guessing your combined income was at, near or above $10k/month)...but that is simply a mathematical fact, generally). Her quitting will mean that she can't now come to you for the $4000 that she may (or may not) be missing, since she voluntarily caused herself to be out the $750. But that has nothing to do with the $750 balance, of what she deserved from you, after 19 years of marriage, which is considered an equal partnership (ergo, she helped you get to your income level, in theory)...

Let me know if this is not clear to you, and let me know specifically what is confusing.....

Let me also emphasize, your blessing here is that she (if you properly refute) can not expect you to make up the $4000 she may now be missing....had she been fired due to economy, she may be able to...so you are in a good position. However, you do not get to lord over her the $750...'keep working or else you lose both' - that would make no sense. If she cohabs, however, you may be able to, and certainly if she remarries...

Is there any logical/legal/common sense reason why the $750 should not be modified downward or eliminated all together? Yes, see above. Why SHOULD it be downed? If she had an increase in income, yes. But here she has a decrease. Normally a decrease may be grounds to INCREASE the $750. Thankfully, she voluntarily quit, so you may be safe.

I understand a "Gavron Warning" may have an effect; and looking for some precedent to do so. Yes, at the time of your final support hearing (as opposed to pendente lite), I would certainly include this! If there is reason to believe that your wife can, after some more training or experience, an added credential, etc., can earn the $4750 without your help, by all means, throw in a Gavron warning into that order. Judge's do it upon request all the time. Moreover, that assumes you actually get a permanent award order - the judge may find her career to be just fine....she is not a stay at home who sacrificed her career for you, etc....But again, the mere fact of quitting her job right now does not effect the $750 at this point (although I would argue it on final hearing, with regard to any perm award...perhaps arguing that she, by her actions, has shown that $4750 is not the level needed....she is fine with $750...which she can clearly earn herself.....She will obviously have a comeback, such as, No, I quit because I was sick...or my boss abused me....I was looking for a job asap.....whatever. But there is no way to know yet.....


Hope this helps to expain...
------

I'm sorry to be very blunt, but my impression from the justanswer.com website is that there would be detailed legal advice Oh contrare - we do NOT give legal advice, but we will give general legal information...pelase fee free to re-read your terms of service if there is any confusion in that regard.

available from "legal experts". If my expectations are incorrect, I apologize in advance.
No problem, it happens.

Please press the ACCEPT button so I may be credited and paid for my time by Justanswer.com, so PRO BONO work for the disabled may continue over the holiday/winter season. You may always follow up with me after doing so. Positive feedback and a BONUS added to your donation are also always appreciated. Thank you and the best of luck.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney
 
 
 

Related Family Law Questions

Chat Now With A Family Lawyer
lwpat
lwpat
5450 Satisfied Customers
Practicing family law attorney