My old attorney told me that I didn't have to do a vocational evaluation. My new attorney is telling me that if I don't then the opposing attorney will turn it into a motion to compel and then I'll get sanctioned. But as I understand it, motions to compel are done for discovery and sanctions are ordered when you break the law or a court order. This is not a court order, it's just something they're asking me to do that I'm not agreeing to.
A: You don't have to cooperate. But, your husband can force it on you, and if he does, then the additional litigation costs involved in fighting over the issue will end up costing someone. The fact that there is no community property doesn't prevent the court from assessing attorney's fees against one or both parties. However, if you have no income, at some point, your attorney may tell you that unless you cooperate, he/she will have to withdraw, because you won't be able to afford the litigation costs.
I do not want to agree to this because, in the future, (from what I've read) my husband will try to use anything in the evaluation against me - he's psycho-ex-husband-from-hell.
A: Then, don't agree. Just be aware that by not cooperating, you are not preventing the evaluation from occurring -- you're just making it more expensive.
I don't understand the 2nd paragraph about the evaluation costing more than cooperating?
A: If you cooperate, then the only cost is the evaluator's time. If you don't, and your husband wants to force it, then he will have to file an OSC for an order requiring you to submit to the examination. This will increase your litigation costs, because your attorney will have to respond and fight the OSC. Your failure to cooperate will also increase the time necessary to conduct the evaluation, and that will increase the evaluator's bill for services. Cooperating is thus less costly in terms of litigation.
Oh, and there is no community property, besides furniture. We don't own a home or have any money. Psych-husband spent it all before we separated (on purpose, including my entire inheritance) but is offering to pay for THIS...which makes me think he has money stashed somewhere. Actually, I KNOW he does.....I could ask you like 1,000,000 regarding this creep.
A: If you think there is money concealed, then you can hire a forensic accountant to go over your husband's financial records and try to find a discrepancy that will permit the court to impute concealed community property to your husband. This, too, is expensive, but it's possible, and it could lead to some extremely stiff penalties against your husband. So, you may want to discuss this with your attorney. Maybe by your threatening a forensic accounting, your husband will back off on the vocational evaluation.
Hope this helps.
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