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  1. #1
    Join Date
    Jul 2015
    Posts
    7

    Unhappy How to Get Spousal Support Reduced Based on Your Ex's Voluntary Undermployment

    My question involves a marriage in the state of:California

    Married 20 years in Califonria. Separated 6 and divorce finalized 5 years ago. Children over 18 now and child support is done. Still paying spousal support. Wife was ordered years ago about Gavron warning, but still works low paying child care jobs because that is what she likes. She has held research associate jobs in the far past and could easily be front office admin.

    Wife is now not working by choice and moved back in with her parents, rent free and free food. I have to pay her $1350 per month, which requires me to work loads of overtime to make this work financially.

    How can I get the spousal support eliminated or reduced? Please help.

    Thanks

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: How to Get Spousal Support Reduced Based on Your Ex's Voluntary Undermployment

    As a matter of statute, for marriages of less than ten years in duration, the normal expectation is that the supported spouse will become self-supporting within half of the duration of the marriage (e.g., within two years for a four-year marriage, within four years for an eight-year marriage); there's no similar rule of thumb for longer-term marriages, and yours is longer, so it's up to you to bring a motion and to try to convince the court that your ex- has had a reasonable opportunity to become self-supporting but has chosen not to do so.
    Quote Quoting California Family Code, Sec. 4320
    In ordering spousal support under this part, the court shall consider all of the following circumstances:

    (a) The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage, taking into account all of the following:

    (1) The marketable skills of the supported party; the job market for those skills; the time and expenses required for the supported party to acquire the appropriate education or training to develop those skills; and the possible need for retraining or education to acquire other, more marketable skills or employment.

    (2) The extent to which the supported party's present or future earning capacity is impaired by periods of unemployment that were incurred during the marriage to permit the supported party to devote time to domestic duties.

    (b) The extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party.

    (c) The ability of the supporting party to pay spousal support, taking into account the supporting party's earning capacity, earned and unearned income, assets, and standard of living.

    (d) The needs of each party based on the standard of living established during the marriage.

    (e) The obligations and assets, including the separate property, of each party.

    (f) The duration of the marriage.

    (g) The ability of the supported party to engage in gainful employment without unduly interfering with the interests of dependent children in the custody of the party.

    (h) The age and health of the parties.

    (i) Documented evidence of any history of domestic violence, as defined in Section 6211, between the parties or perpetrated by either party against either party's child, including, but not limited to, consideration of emotional distress resulting from domestic violence perpetrated against the supported party by the supporting party, and consideration of any history of violence against the supporting party by the supported party.

    (j) The immediate and specific tax consequences to each party.

    (k) The balance of the hardships to each party.

    (l) The goal that the supported party shall be self-supporting within a reasonable period of time. Except in the case of a marriage of long duration as described in Section 4336, a "reasonable period of time" for purposes of this section generally shall be one-half the length of the marriage. However, nothing in this section is intended to limit the court's discretion to order support for a greater or lesser length of time, based on any of the other factors listed in this section, Section 4336, and the circumstances of the parties.

    (m) The criminal conviction of an abusive spouse shall be considered in making a reduction or elimination of a spousal support award in accordance with Section 4324.5 or 4325.

    (n) Any other factors the court determines are just and equitable.
    Quote Quoting California Family Code, Sec. 4336.
    (a) Except on written agreement of the parties to the contrary or a court order terminating spousal support, the court retains jurisdiction indefinitely in a proceeding for dissolution of marriage or for legal separation of the parties where the marriage is of long duration.

    (b) For the purpose of retaining jurisdiction, there is a presumption affecting the burden of producing evidence that a marriage of 10 years or more, from the date of marriage to the date of separation, is a marriage of long duration. However, the court may consider periods of separation during the marriage in determining whether the marriage is in fact of long duration. Nothing in this subdivision precludes a court from determining that a marriage of less than 10 years is a marriage of long duration.

    (c) Nothing in this section limits the court's discretion to terminate spousal support in later proceedings on a showing of changed circumstances.

    (d) This section applies to the following:

    (1) A proceeding filed on or after January 1, 1988.

    (2) A proceeding pending on January 1, 1988, in which the court has not entered a permanent spousal support order or in which the court order is subject to modification.

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