Legal Question in Family Law in California

My boyfriend was previously married for 16 years and now divorced (in CA.) His exwife is paid spousal support which he can barely afford. There are no children involved and she simply refuses to work fulltime (she currently works 12-20 hours weekly and has proven job skills, having been gainfully employed earlier in their marriage.) His attorney issued a Gavron Warning, but the judge has not set a date by which she must comply. How can we enforce the Gavron Warning and get the alimony reduced and/or stopped altogether at some point, and will that cost us more attorney's fees or court filing fees? Lastly, if he and I get married, can she pursue my income also?

Asked on 9/05/13, 1:38 pm

1 Answer from Attorneys

David Goldberg The Goldberg Legal Group

To use the Gavron Warning you would need to go back to court and request modification or termination of spousal support. You would have to show that she has the ability to work and the opportunity to work. It does not matter if your attorney gave the warning but it matters if the court issued the Gavron warning at some point or if it is contained in the Judgment. Obviously if you go back to court with an attorney it will cost more in attorney fees and you will likely have filing fees as well. If you get married, your income should not be considered for determining support.

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Answered on 9/06/13, 8:57 am

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