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Maverick, Lawyer
Category: Family Law
Satisfied Customers: 6422
Experience:  20 years of professional experience
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Should I get court order for vocational evaluator for

Customer Question

Should I get court order for vocational evaluator for ex-wife or what is the best way to go about it. My ex-wife is refusing to work complaining about disability, this is in California, she use to work making 50k/yr 4yrs ago she is 51 and I am 64
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAttorney replied 1 year ago.

Hello. I’m a family lawyer and appellate attorney with 36 years’ experience and also have extensive experience with landlord-tenant issues. I look forward to helping you today.

At the end of our discussion I’m going to ask you to rate me, okay? I’d appreciate it because this is the only way we get credit for our time here today. It is at no extra cost to you.

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I'll be back in a few minutes after I type my answer. Thanks!

Is this in the context of a divorce or do you want to modify the alimony/spousal maintenance?

Customer: replied 1 year ago.
divorce & spousal support,
Customer: replied 1 year ago.
where is the answer
Expert:  FamilyAttorney replied 1 year ago.

I'm sorry, I've been answering someone else. I'll let another lawyer answer this for you. Thank you for understanding. When I didn't hear right away, I had gotten another question in the meantime. Thank you and best of luck.

Expert:  Maverick replied 1 year ago.

Welcome to Just Answer (“JA”)! My name is Maverick. Please give me a few minutes to review, analyze and/or research your inquiry and I will be back. Thank you for your patience.

Expert:  Maverick replied 1 year ago.

Yes, you are on the right track. The law requires the evidence to show a substantial likelihood that the spouse could, with reasonable effort, produce income. This is done through the retention of a vocational evaluator. California Family Code 4331(a) states:

In a proceeding for dissolution of marriage or for legal separation of the parties, the court may order a party to submit to an examination by a vocational training counselor. The examination shall include an assessment of the party’s ability to obtain employment based upon the party’s age, health, education, marketable skills, employment history, and the current availability of employment opportunities. The focus of the examination shall be on an assessment of the party’s ability to obtain employment that would allow the party to maintain herself or himself at the marital standard of living.

Thus, retaining a vocational evaluation is a necessary part of most imputation and earning capacity cases.

To obtain modification of a spousal support order, the moving party must show a material change in circumstances since the order was made. (Marriage of Gavron (1988) 203 Cal.App.3d 705, 710.)

So, her not working has may give you this basis to file for modification.

Here are the forms that will help you get started:

  • Request for Order (Form FL-300). You can use the Information Sheet for Request for Order (Form FL-300-INFO) for information to fill out FL-300.
  • Income and Expense Declaration (Form FL-150).
  • If you are changing a spousal or partner support order made as part of your divorce or legal separation judgment, or after the judgment, it may be helpful for you to use the Spousal or Partner Support Declaration Attachment (Form FL-157). This form asks you to provide the information the judge will need to make a decision in your case, addressing all the factors the law tells the judge to consider when making decisions about long-term spousal or partner support. This form is optional, but even if you do not use it, you may want to take a look at it to make sure you understand what you will have to prove to the judge.
  • Also use a Declaration (Form MC-030) or an Attached Declaration (Form MC-031) if you need more space to explain why you believe a change in spousal or partner support is needed.

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