Court Order a Stay At Home Mom to Get a Job

Can The Court Order a Stay At Home Mom to Get a Job After a Divorce?

Pierre Domercq Divorce

Can the Court order a stay at home mom to get a job after a divorce?  What is a “Gavron Warning” and what impact can that have upon a spouse who hasn’t worked for several years or who stayed at home to care for the children? Generally speaking, California holds parents equally responsible for providing for their children after a …

Spousal Support Has a Lot to Do with Previous Lifestyle

Spousal Support Has a Lot to Do with Previous Lifestyle

Pierre Domercq Spousal Support

The award of spousal support has a lot to do with previous lifestyle and the ability of each spouse to achieve gainful, long term employment.  North County family law courts are absolutely influenced by the lifestyle enjoyed by the parties during the marriage.  In fact maintaining the “standard of living” of a former spouse after a divorce is the primary …

The Gavron Warning and California Spousal Support

The Gavron Warning and California Spousal Support

Pierre Domercq Spousal Support

What is the relationship between the Gavron Warning and California spousal support?  Many Californians believe spousal support continues forever until a former spouse dies or remarries.  While this may be true for marriages of long duration, it simply doesn’t apply to the majority of permanent spousal support orders.  Judges covering divorce cases here in Carlsbad, Oceanside, Encinitas and across North …

Concerned about a Gavron Warning in Your Divorce

Should You Be Concerned about a Gavron Warning in Your Divorce

Pierre Domercq Spousal Support

Should you be concerned about a Gavron Warning in your divorce as it pertains to spousal support?  What is the Gavron Warning, and why is this an important issue in many North County divorce cases?  Under California law the Court may want a recipient of spousal support to become self-sufficient over a period of time and to make reasonable efforts …

Will You Have to Pay Spousal Support in Your Carlsbad or North County Divorce?

Pierre Domercq Spousal Support

Will you be required to pay spousal support as part of your Carlsbad or North County divorce? Many factors must be considered during spousal support negotiations or litigation. There is no finite spousal support computation under California law as one would find for child support. However, California’s family law code does specify several “factors” which must be considered including but …

Will Spousal Support Be Enough and How Long Does it Last?

Pierre Domercq Spousal Support

How long does spousal support last in a North County or Carlsbad divorce and will it be enough to be able to support a separate household? Questions of spousal support are not as clearly defined in California law as the child support calculations guidelines. Therefore, spousal support is usually a negotiation between the parties or the result of mediation or …

How Long After a Gavron Warning Before You Have to Be Self-Sufficient?

Pierre Domercq Spousal Support

The “Gavron Warning” is simply an expectation set by the Court during a North County or Carlsbad divorce proceeding and it relates to spousal support. The Gavron Warning establishes the Court’s expectation the spouse receiving support will become self-sufficient in an appropriate period of time. We are often asked “how long after a Gavron Warning before you have to be …

Spousal Support and the Ability to Work

Pierre Domercq Spousal Support

A recent case in a California appellate court helps to shed some light on spousal support and the ability of the recipient to work and gain meaningful employment. The case in the Second District Court of Appeals shows the burden proof on a party who claims they cannot gain meaningful work is on the party requesting support. In the case …

What is Required to Modify Spousal Support in North County?

Pierre Domercq Spousal Support

Can one seek to have spousal support modified in North County? Many people seem to believe spousal support orders are somewhat permanent. It may surprise you to learn the modification of spousal support is becoming more common each year in North County. Many seasoned family law attorneys argue that spousal support is meant to be temporary, although existing family law …