California Spousal Support and Cohabitation

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Re: California Spousal Support and Cohabitation

Unread postby JimRockford » Fri Apr 21, 2017 1:17 am

Well today we had the vocational evaluator and ex's boyfriend on the stand. The vocational evaluator stated that in her opinion that she was employable and should have been able to have gotten a job within 9 months to a year of the evaluation which took place two years ago, had she followed the recommendations of the evaluator, which she did not. Further, the evaluator stated that she believes that the ex has her sights on a dream career, where there are not too many positions available and where she is not that really well qualified anyway vs. actually looking for jobs that she is qualified for. OC crossed the evaluator and tried to trip her up on two fronts, but both of these things backfired on her.

Next up was the boyfriend. He even showed up in his running gear. He said that he was only a friend of the exes. When asked if his relationship was romantic, he stated that he does not know what that means. When asked where he sleeps, he said in one of the three bedrooms of the exes house. Finally, he caved and admitted to sleeping with her, but held firm that he makes no money and therefore can't contribute. This at least blew up the exes story that she told in court last time that her relationship was purely platonic.

Unfortunately, we ran out of time, and the hearing will be continued again as OC states she wants to put me on the stand. Even though the judge did not rule, she did issue another Gavron warning to the ex, and went into detail as to what it means, this will be her third Gavron warning. Overall, I don't think it was a great day for the ex.
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Re: California Spousal Support and Cohabitation

Unread postby Tom Kirkpatrick » Fri Apr 21, 2017 10:50 am

JimRockford wrote:.....she did issue another Gavron warning to the ex, and went into detail as to what it means, this will be her third Gavron warning.
Third Gavron?? This is a classic example of judicial wrist slapping.

Get transcripts, Bro. There may come a day when you'll hafta hold NJ accountable for the judge said. For all we know, you may hafta hold the judge accountable for what she ordered from the bench.

Just so you know, judges tend to have a selective memory.

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Re: California Spousal Support and Cohabitation

Unread postby spritom » Fri Apr 21, 2017 11:46 am

JimRockford wrote:Finally, he caved and admitted to sleeping with her

Image

The Tom wrote:judges tend to have a selective memory

+1
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Re: California Spousal Support and Cohabitation

Unread postby JimRockford » Fri Apr 21, 2017 11:58 am

I get the feeling that the ex is playing a game chicken with the judge. In other words, from her perspective:

* "I'm not going back to work, so what if you prove that I'm qualified and that there were jobs available, if it is not my dream job I'm not taking it, end of story."
* "It has now been proven that I am desperate and will take any man I can get and that I lied about it, I've lied about lots of things, get over it!"
* "Judge, at the end of the day, you have one weapon, and that is to reduce my support and take food out of my child's mouth in the process, I don't think you will do it."
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Re: California Spousal Support and Cohabitation

Unread postby quantum » Fri Apr 21, 2017 12:03 pm

You seem to have a good trial lawyer there. If you don't mind how did he make him cave in?

Just curious what her dream job is?
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Re: California Spousal Support and Cohabitation

Unread postby JimRockford » Fri Apr 21, 2017 12:07 pm

Attorney came across as non-confrontational and friendly, even asked to address him by his first name. This disarmed him and he walked right into the trap. It was a lot like watching how Forrest Gump would have been on the stand. I had to pinch myself to keep from laughing.

Her dream job is to be self-help guru along the lines of Dee Pak Chopra
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Re: California Spousal Support and Cohabitation

Unread postby TJinCA » Fri Apr 21, 2017 12:39 pm

JimRockford wrote:I get the feeling that the ex is playing a game chicken with the judge. In other words, from her perspective:

* "I'm not going back to work, so what if you prove that I'm qualified and that there were jobs available, if it is not my dream job I'm not taking it, end of story."
* "It has now been proven that I am desperate and will take any man I can get and that I lied about it, I've lied about lots of things, get over it!"
* "Judge, at the end of the day, you have one weapon, and that is to reduce my support and take food out of my child's mouth in the process, I don't think you will do it."


The judge can't force her to take a job or earn an income, but he can impute income to her and consider that in determining her need for spousal support. I've heard of judges reducing support to zero with a reservation until such time as the receiving spouse starts taking seriously her need to become self supporting.

And as long as you're paying child support, reducing spousal support shouldn't be taking food out of your child's mouth--just our of her (and her deadbeat boyfriend's) mouth.

Is there a way to get the judge to call her bluff?
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Re: California Spousal Support and Cohabitation

Unread postby JimRockford » Fri Apr 21, 2017 1:08 pm

I am well aware of what the judge can and can't do. Given SS exceeds CS, and that she lives off of both, a reduction would hurt her. That being said, she still needs to find a job. I guess we see what happens when we go back next month.
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Re: California Spousal Support and Cohabitation

Unread postby quantum » Fri Apr 21, 2017 7:16 pm

When your SS terminates, her CS goes up. You might want to try this on dissomaster. That indirectly says you are not hurting child. Her getting or not getting SS is factored into CS calculation already.
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Re: California Spousal Support and Cohabitation

Unread postby JimRockford » Fri Apr 21, 2017 9:09 pm

Since son is 13, my bigger worry is that she will attempt to use termination of CS as a change of circumstances for a SS increase. That's one reason I am doing what I can to get her back to work.
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