By: Alphonse F. Provinziano, Esq.

 

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.

  1. 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.
  2. 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.
  3. 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.

Get Started with a Free Case Evaluation

Taking action with the right team by your side is critical to the success of your case. Get started with a free case evaluation by calling us at 877-529-7101 or set up a time to speak with us by clicking on the button below.

3 Things a Parent Needs to Know When the Other Parent Unexpectedly Dies in a Divorced Family

The unfortunate passing of one parent of a minor child is always an occasion for deep sadness and profound loss. As a parent is the main support for a child both emotionally and financially, it can be devastating to the child to lose such a significant person in their life. Here are the 3 main things that you need to know:

read more

CALIFORNIA ALLOWS 3 PARENTS

A new development in family law this last year is the introduction of Family Code section 3040, signed into law by SB 274. This new law states that a child in California can legally have three parents. Child custody cases may now have to include orders for three parents making the process of defining custody even more complicated.

read more

Registering an Out-of-State Custody Order in California

We have had a number of clients come to the firm when something happens with their child’s other parent is not playing by the rules. They realize that they need to enforce a custody order that was made before they moved to California. Although these situations sometimes have a great deal of urgency to them, the good news is that a California court can enforce an out-of-state custody order provided that you “register” the out-of-state order here in California.

read more
123...

Regarding the discussion of past case results and client reviews, the same result may not be available depending on the facts of a different case, such as cases of future prospective clients. Past case results and client reviews are atypical. The information on this website does not constitutes a guarantee as to a result. The information on this website does not constitute legal advice and is for informational purposes only. This website does not create an attorney client relationship. Expressions of opinion regarding the quality of representation does not constitute a guarantee and consists solely of the opinion of the author. This website is attorney advertisement.

© PROVINZIANO & ASSOCIATES | Privacy Policy | Disclaimer of Warranties