In the area of spousal support and child support, your ex partner’s income makes a world of difference. If your ex earns less than you do, then you’re likely to pay support. But what can be done when your spouse or former spouse refuses to work?
Enter a solution known as the Gavron Warning. A Gavron warning is a warning by the judge to your ex. In that warning, the Court warns your ex that they have a duty to become self-supporting within a reasonable amount of time.
The Court wants your ex to work. The State wants your ex to get a job consistent with their earning ability and opportunity. It’s actually a public policy in California.
A Gavron warning can also be extended to a spouse or former spouse who is under employed. Is your ex not working the same high paying job he or she did when you got married? Try a Gavron warning. Do they have an advanced degree, but stuck with a menial job? Try a Gavron warning.
A well timed Gavron warning with an experienced attorney on your side could be what you need for the Court to impute income on your spouse. This would mean that the Court would consider one party’s earning ability in lieu of actual wages. This Gavron Warning could give you the financial breathing room to survive.
Gavron warnings are also an incredibly important tool in post judgment requests to modify spousal support.
Have more questions on how to obtain a Gavron warning? Contact an experienced Sacramento Family Law attorney today. (916) 909 – 1007.