Is it appropriate to ask for a "Gavron Warning" when dealing with child support issues? If not, what can I do to encourage the judge to someday input an income to ex who has an Ivy legume education but has not worked in 6 plus years?
Before a judge will impute income you MUST show the court that open jobs exist in your ex's field of expertise. For example, if his Ivy League degree is in electrical engineering find job opening ads - local Sacramento jobs best - in that field, and show them to the judge, and serve them on your ex. If you don't do this step the Judge should, and probabaly will, deny your request to impute income, because the law requires this step. If you do do that step you have a good chance of success.
Have an experienced Sacramento attorney (me, by coincidence) show you how to research open jobs. And then have the attorney write you the pleadings and attach the proper exhibits for you, for your motion asking the court impute weages, and also have the attorney serve the motion for you. If you can afford it, also have the attorney also come with you to court in case something goes wrong. But just having the attorney write and serve your pleadings is the most important thing.
Thomas Neil is a Sacramento attorney, representing clients in court in Sacramento and in surrounding counties. Or, if you cannot afford full representation then, for much less, Mr. Neil can instead write you the forms and declaration you need, and help you serve them, and you go to court by yourself. A well written declaration by an attorney, supported by proper evidence, will GREATLY increase your chances of sucess in court. Our office takes credit cards.
Thomas A Neil
3224 El camino Avenue
Sacramento, CA 95821
I am an attorney in Sacramento and I have dealt with this type of case many times. This is how I have prevailed on an imputation of income. First you request the Gavron Warning and request a seek work order. You ask that the ex provide you with copies of job applications and cover letters a certain number of times per week or month. Next you request a vocational examination. This is an examination where the examiner determines his or her earning capacity. You will argue imputation of wage based on the findings. This is a plan that you have to assert at every hearing until you win. Note that if your ex has a small infant that causes her to stay home, you will have to wait.
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