CALIFORNIA FAMILY LAW
...Spousal Support
......Modification
.........Failure of Supptd Spse to Become Empl'd
8 Cards On This Topic:
  • Supported spouse must be put on notice of obligation to become self-supporting before failure to do so can justify modification.
  • Gavron warning not required for Richmond order.
  • Failure of supported spouse to seek employment is change of circumstances justifying modification.
  • Court cannot set termination date on assumption that supported spouse will refuse to seek employment.
  • Failure to seek employment may be considered in motion to modify support.
  • Trial court may warn supported spouse of need to seek employment or face future modification motions if s/he does not.
  • W's poor judgment in failing to diligently pursue remunerative employment justified reduced support award for short period followed by reservation.
  • Effect on spousal support on the supported spouse’s failure to become employed.