What if my ex-spouse is not working but should be and they’re requesting spousal support?

Under California Family Code Section 4331, in a divorce or legal separation, a party seeking spousal support may be forced to submit to an examination by a vocational training counselor. The Code states that: “The examination shall include an assessment of the party’s ability to obtain employment based upon the party’s age, health, education, marketable skills, employment history, and the current availability of employment opportunities. The focus of the examination shall be on an assessment of the party’s ability to obtain employment that would allow the party to maintain herself or himself at the marital standard of living.”

Therefore, a party seeking to reduce the amount of spousal support they possibly may have to pay would need to file a motion in the Court for an order by the judge requesting the other party to be interviewed by this counselor.  They would then determine your ex-spouse’s ability to earn more money than they are currently making or what they claim they can make. This motion is very important if your ex-spouse is seeking long-term spousal support, or even lifetime support, so that you can protect your interests and possibly not have to pay as much, or any, spousal support to your ex-spouse.

The Law Offices of Michael S. Carrillo will explore any and all options in order to get you the best results on your family law case, including your divorce case. Give us a call today for a free consultation and to see what he can do for you on your case. (323) 600-5393.