Divorce in its best description is an emotional time for both spouses and their children but at times is the best solution for a healthy relationship. To lessen the impact on divorce for families financial support will be awarded to help the custodial parent be able to maintain as close to a normal lifestyle as possible. Maintaining this normal lifestyle helps with the transition from married life to single life and has a substantial positive impact when there are children involved.
But as time goes on the supported spouse is often able to contribute more financially with a change in career or wages making the need for spousal support lower. It’s at this time, when the custodial parent reaches financial stability that a reduction in alimony may be a realistic request.
How to Reduce Your Obligation to Pay
Of course, you’d have to prepare for yet another episode with lawyers and another court visit when you decide to pursue this necessary task. The lawyers at Dishon and Block Divorce Attorneys reveal in their website that it actually is quite easy to succeed in reducing an obligation to pay alimony. It just entails being aware of the details of your divorce.
According to the Dishon and Block Divorce Attorneys website, you must determine three (3) things:
1. If your ex-spouse was given the “Gavron Warning.” Ideally, each divorce proceeding must include the issuance of the Gavron Warning to the supported spouse. This court warning cautions that the ex-spouse is given a reasonable amount of time in which he or she should be self-sufficient. If the supported spouse fails to show that he or she has exerted efforts to be self-sufficient, the court can then allow the reduction of your obligation to pay alimony. In some fortunate cases, the supporting spouse even gets to terminate support altogether.
2. If your ex-spouse underwent a “vocational assessment.” A vocational assessment is yet another standard procedure in divorce cases; but often times, it is being overlooked by the court and by both parties. A vocational assessment requires the supported spouse to undergo a type of test wherein his or her capability to earn and to be self-sufficient is measured. The result should be presented to the judge, so that the appropriate action may be taken.
3. If your ex-spouse has had serious romantic involvements that involves cohabitation. In one successful case, a lawyer at Dishon and Block Divorce Attorneys managed to negotiate the termination of alimony payments due to the fact that the supported spouse was cohabiting with her lover. Upon paying a lump sum, the supporting spouse ended his obligation to pay alimony. I’m not saying you should begin stalking your spouse and his or her lover, but it would do you good to fully determine if the new partner is living with your ex-spouse, as this would be the perfect evidence to cite for reducing an obligation to pay alimony.
If in case your ex-spouse did not receive the Gavron Warning and did not undergo the vocational assessment, you may request the court that would require him or her to do so.
The great thing about the state of California is that its divorce laws and its courts favor short-term alimony obligations. It is mainly concerned for supported spouses gaining employment and becoming self-sufficient because frankly, it is one of the healthiest ways to cope with a divorce. Being too dependent on the supporting spouse could never help in moving on, and could only cause deeper hurt and further resentment.
The best phase of a divorce is when wounds have started to heal and instead of anger and hurt, each spouse gains an enlightened understanding of the failed marriage. With such a development, both parties could move forward with their lives. There’s nothing better to punctuate the phase than being less independent and less obligated to each other.
About the Author
To help a close friend, Jason Munroe has been studying the intricacies of divorce. In his research, he has found that one of the best defenses of a supporting spouse is being able to show cause to reduce alimony. Jason Munroe lives in Nevada with his wife and their two grown children. He’s retired and loves to spend time working on the Internet.
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