In the area of spousal support and child support, your ex partner’ income makes a world of difference.  If your ex earns more than you do, then your 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 her earning ability and opportunity.  It’s actually a public policy of California.

A Gavron warning can also be the extended to a spouse or former spouse 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 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.

You’re in an abusive relationship and finally found the courage to separate.  The decision was difficult enough to make by itself.  Now, your friends and family are letting you know you could have to split your pension or retirement.  How much of this is true?

Generally, one has to split their pension and retirement with their ex.  However, this may not be the case if your partner was abusive.  Under certain circumstances a pension may not have to be split equally.  A little known and under utilized new law now helps the victims of domestic violence.  The rationale for the law is that victims of domestic violence should not have to support or pay their abusers.  

Under the new statute, it you have been the recent victim of a domestic violence felony, there is an bar on your ex getting one half of your pension or retirement.  There are even legal protections for misdemeanor victims of domestic violence who are interested in retaining 100% of their pension.   

And that’s not all, domestic violence victims are further protected under the law.  You can get portions of legal costs paid from community property assets, a special date of separation rule could apply and other statutes may prevent you from paying spousal support to your abuser.

For more information about whether you really have to split your pension and retirement with your abusive ex, contact an experienced family law attorney at Kosla & De Alba today at (916) 909-1007.