Voc report says ex can work. He refuses to work as he wants to leech on to my earnings forever. What are the pros and cons of Gavron warning? Is there a time period given by judges in which person has to search job?
As you are the individual requesting Gavron warning, there is no negative to you. The benefit is that your ex will be advised of his duty to become self supporting, and that if he does not fulfill that duty, then his spousal support can be reduced.
Each judge handles the time period differently. It varies depending upon the length of time the parties were married, how long the receiver has been out of the work force, whether there are any other impediments to getting a job. If you have a vocation evaluation which already shows his work capacity, your next step would be to find available jobs in his area that he hasn't applied for, and then the court could potentially "impute" income to him. (Treat him as though is earning that income.) Thereby reducing your support obligation.
I would suggest that you consult with a qualified attorney in your county.
Good luck!
Generally, people have a responsibility to become self-supporting, to the best of their ability. If you've already had a voc eval, you've been litigating this already, and you probably had an attorney, to get this far. It might be time to light a fire under your ex by filing an RFO to modify support, but the answers to your questions require more facts. You should talk to an experienced attorney, who can do a more detailed interview.
If you haven't been represented, this is an good example as to why parties need an attorney because a Gavron warning could have been given when the initial order for spousal support was given. In order to have this done, now, you will need to file an RFO to seek this order and possibly get a reduction or modification in the spousal support order. But I dont' know how long you were married and what the specific orders were regarding spousal support. You need legal assistance to do this right this time.
First; if you can, hire an attorney. Because spousal support modification is an issue where having an attorney can make a big difference on the outcome
Second: reread you divorce orders re spousal support to see if anything is said about support being non-modifiable. If it DOES have such verbiage, then it is even more reason to seek an attorney. Third: You need to research Craiglist and other job sites for job opening advertisements, in wife's geographic area, that wife qualifies for. Fourth: you need to draft, file, and serve a "Request for Orders" (RFO) to reduce or terminate spousal support AND for a "Seek Work" order (in the event the court doesn't grant you modification request at the hearing. Attach a copy of those job ads to your RFO as an exhibit. IF YOU DO NOT ATTACH JOB ADS THE COURT WILL NOT ORDER HER TO SEEK WORK. At he hearing, if he judge doesn't grant the modification, then the judge will order wife to make maybe 5 job applications per week, and to send you copies of her applications. If your ex is capable of working, but does not seek work as ordered, then at a future hearing you bring, the court may grant your request for modification of support.
Also, when you are at he hearing ask the judge for a Gavron Warning. But, be clear, Gavrons are not "enforcible." Having been previously Gavron warned is just something a judge may CONSIDER in stopping support but a judge is no required to stop support because of a prior Gavron Warning wife was given.
