Getting Ready for hearing on SS reduction

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Getting Ready for hearing on SS reduction

Unread postby JimRockford » Thu Mar 23, 2017 11:08 pm

I'm in CA 11.5 years from DOM to DOS, received final judgment in August after going all the way to a trial which on the morning of she settled. However, she still refuses to go back to work. We have a court date in April where we are going to bring in the vocational evaluation a critique of her job search as well as entries from her blog where she writes about among other things about her life of leisure and never wanting to go back to work.

For those of you wondering why the spousal support was not settled, we had to make a choice at the day of the trial when she settled. I'm not sure exactly what the relationship is between her and her attorney, but essentially her attorney works for free, even though she supposedly owes her over $50K and continues to represent her, other than the token fees from me and the initial retainer paid by her dad, her attorney has not collected a dime. My attorney was worried that if we did not settle that morning, that her attorney would have ran out the clock on the two day trial and be able to push it out to four or five days. After your initial two days you have to go back on the calendar for each additional day and each day takes six months to get. In theory we could have still been in court and since her attorney evidently does not charge her, there would have been no cost to my ex to do this. The settlement offer was essentially everything we were looking for at trial, with the only exception having to keep paying spousal support at the pendente lite amount.

We waited until about seven months after the trial and then filed for the modification which was to be heard in November. Her attorney was able to get that moved to February by claiming that she had a conflict with a DV case in another county which would take priority. At the hearing in February, we had a new judge assigned to the case with no experience in family law. OC argued that the spousal support order was permanent and non-modifiable and that the vocational evaluation from 20 months prior was stale. They lost on arguing permanent and non-modifiable, but the judge made us go back to get the evaluation updated. My attorney believes that the old judge would have ruled that day, but this new one seems to be cautious.

My ex would not cooperate with the evaluator, but I am thinking that is a good thing. So the plan in a few weeks is to present the updated evaluation and potentially have the evaluator testify, along with the job search where she deliberately applies to jobs that she is not remotely qualified for along with the blog. She has been previously been given two Gavron warnings, so we are hoping for a good outcome.
Deciding to go forward with a divorce is kind of like joining a brotherhood. However, it is a brotherhood that you really don't want to join.
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Re: Getting Ready for hearing on SS reduction

Unread postby Ireadthelist » Fri Mar 24, 2017 1:29 am

Jim,

Although I`m in a different state, my ex also angled for higher ss numbers than she was entitled to, due to her income shifting to mostly cash and her doing a very good job of hiding it during the divorce. I was fortunate enough to have a judge that imputed income if the petitioner for alimony had the health to hold a job, and due to the length of the marriage the alimony she got was just for a couple of years. It hurt, but not like your situation-I feel for you man.

When was the last time she worked, and at what income level? My lawyer and I found some date regarding the average salary in our area for her line of work prior to going underground with her income. Coupled with the unemployment rate data for her profession, it got the judges attention as to what her potential was if she wanted to work in a legitimate way, even though he ruled on the low side of that potential....
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Re: Getting Ready for hearing on SS reduction

Unread postby JimRockford » Fri Mar 24, 2017 1:44 am

She hasn't officially worked in 10 years, but has supposedly been searching for a job for 4 years without one single interview. Ex is an attorney as well, but discovered tarot cards, yoga, astrology and being a clairvoyant as new path in life. Fine by me, but I really don't think I should have to pay for that.
Deciding to go forward with a divorce is kind of like joining a brotherhood. However, it is a brotherhood that you really don't want to join.
JimRockford
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Re: Getting Ready for hearing on SS reduction

Unread postby Ireadthelist » Fri Mar 24, 2017 8:48 am

Got it; that`s a tough one...no info on the bureau of labor statistics website. It`d be easier just to argue minimum wage, as I`m sure you are...
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Re: Getting Ready for hearing on SS reduction

Unread postby JimRockford » Fri Mar 24, 2017 9:08 am

She is a licensed attorney. The vocational evaluation has come back with significantly more than minimum wage. If that is all I could get, it would not be worth it.
Deciding to go forward with a divorce is kind of like joining a brotherhood. However, it is a brotherhood that you really don't want to join.
JimRockford
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Re: Getting Ready for hearing on SS reduction

Unread postby Ireadthelist » Fri Mar 24, 2017 10:45 am

Got it; you`ve obviously done your homework. Pulling for you....stay strong man...
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Re: Getting Ready for hearing on SS reduction

Unread postby JimRockford » Fri Mar 24, 2017 11:33 am

Thanks. She has decided that she no longer wants to be an attorney. I can't imagine the court going along with her that her new chosen career path of fortune teller or whatever is somehow viable. However, she is doing all that she can to sabotage ever being an attorney again. The resume that she currently uses refers employers to her blog where she states that she does not want to work and has no respect for the legal profession.
Deciding to go forward with a divorce is kind of like joining a brotherhood. However, it is a brotherhood that you really don't want to join.
JimRockford
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Re: Getting Ready for hearing on SS reduction

Unread postby Tom Kirkpatrick » Fri Mar 24, 2017 1:08 pm

JimRockford wrote:.....essentially her attorney works for free, even though she supposedly owes her over $50K.....
$50K is a lot of sexual favors. LOL

Attorneys don't work for free. The judge will see through that. Impute income in kind??

JimRockford wrote:.....spousal support was not settled.....
Are you talking reserved ruling??

With regard to alimony, what does the decree specify??

JimRockford wrote:Ex has discovered tarot cards, yoga, astrology and being a clairvoyant as new path in life.
Sounds like NJ's reinvented herself (a new age term for entitlement).

She's counting on her new-found spirituality to hoodwink the court.

JimRockford wrote:She has been previously been given two Gavron warnings.....
She's been given fair warning. That's all you need to impute her.

Tom
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