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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37957
Experience:  I provide family and divorce law advice to my clients in my firm.
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My husbands ex wife was issued a Gavron warning when they got

Resolved Question:

My husbands ex wife was issued a Gavron warning when they got divorced. She was supposed to go to school to get an education for a higher paying job than she had at the time - she even swore to do this under oath. Now she is done with school and we found out she got her education and new job in a lower paying profession than what she had prior and that she stated she would seek during the divorce proceedings. It looks to me she is playing the system and just trying to make my husband pay her support for the rest of her life. What are our options?
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.

That is a very good question. Is she now skilled and educated enough for the higher position? Do you know if she attempted, in good faith, to obtain a higher position or did she have to settle for a lower paying job?
Customer: replied 1 year ago.

She was supposed to choose one education path that would make her qualified for a higher paying position, but she chose another path and is now making about 50% of what she could have earned if she had followed the education path she stated she would choose during the divorce.

Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your follow-up, Jasmine.

One final clarification if I may--was she court ordered to take this higher path or was it suggested (or she promised) to take that path for herself? Was this her profesional path in the past, prior to marrying your spouse?
Customer: replied 1 year ago.

This was not her professional path prior or during the marriage. The specific career and training (for the higher paying career) was stipulated in the MSA which was approved by the court and is on the record.



Expert:  Dimitry K., Esq. replied 1 year ago.

Jasmine,

Great! That makes the situation far easier to deal with. Your spouse has the ability to then take her to court over contempt of court order for failing to honor, or even attempt to reasonably comply with the MSA. If found in contempt, the ex could be admonished, fined, or even jailed. Consequently your spouse could then move to cancel support payments based on non-compliance of the court order from the other party. Frankly this is a very positive turn of events and can be used to significantly lower or even cancel outright her support payments that your spouse is still currently paying. What the courts would look toward may be factors such as whether she attempted to, in good faith, to start that path but failed as a mitigating factor. But if that does not exist, it places the case very much in your spouse's favor.

Good luck.

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37957
Experience: I provide family and divorce law advice to my clients in my firm.
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