Spousal support in California can be an extreme burden. The purpose of spousal support is to preserve the marital standard of living. However, under the case of Gavron (which resulted in the “Gavron” warning), it is the public policy of the State of California that all former spouses need to be self-supporting. What do you do when an ex-spouse simply refuses to get a job? This can often be used as a way to continue to siphon money long after a marriage is over. There are three powerful strategies utilized by the Provinziano & Associates team in the past to successfully get spousal support reduced to zero.
- Request an Evidence Code section 730 Vocational Evaluation. This evaluation (performed by a vocational expert) analyzes a spouse’s ability to get a job and their earning capacity by reviewing job skills, work history, education and job availability.
- Collecting evidence that the former spouse is receiving benefits with a cash value, such as free housing and cohabitation with a new partner, which can be used as an alternate form to establish income and decrease support.
- File a request for order to reduce spousal support as soon as possible. The sooner the request is filed, the sooner the court has the ability to award retroactive support, i.e., back payment for over payments of support.
By leveraging these tactics, Provinziano & Associates has successfully advocated for reductions in support, often down to zero with the effective use of a vocational evaluation and evidence proving that former spouses were actually able to support themselves (even if they claimed that they were not). The results have been collective savings in roughly hundreds of thousands of dollars for Provinziano & Associates clients that do not have to keep getting bilked into overpayment of spousal support.
© Alphonse F. Provinziano, Esq.
