Post Judgment Vocational Exams

In re Marriage of Stupp v. Schilders involved a post-judgment request for a vocational examination for the ex-wife.

FACTUAL BACKGROUND OF THE REQUEST FOR ORDER FOR A VOCATIONAL EXAM

By the time the ex-wife filed this appeal, the parties were already divorced. A stipulated judgment had been entered settling support issues. The ex-wife appealed the spousal support orders agreed to in the stipulated judgment. In response, the ex-husband filed a request for the wife to submit to an exam.

TRIAL PROCEEDINGS FOR THE REQUEST FOR A VOCATIONAL EXAM

The family court ordered the ex-wife to submit to a vocational exam. The ex-wife appealed the order for her to submit to a vocational exam.

APPEAL OF THE ORDER FOR A VOCATIONAL EXAM

The court of appeal reversed the order for the vocational exam. It stated that Family Code 4331(b) requires a finding of good cause to require the ex-wife to submit to a vocational exam after a judgment has been entered. At the time that the ex-husband requested the vocational exam, there was no motion pending for spousal support only an appeal of the spousal support order. The fact that the ex-wife was appealing an order for spousal support was not considered good cause, because the family court could affirm an order for spousal support making any motions irrelevant. In addition, section 3662 of the Family Code only allows post-judgment discovery methods if motions are pending.

DO YOU NEED HELP WITH ISSUES RELATED IMPUTED INCOME FOR THE OPPOSING PARTY?

If you need legal advice and are looking for a family law lawyer in Orange County to address a dissolution issue such as imputation of income for child support or any other divorce matter such as legal separation, annulment, custody, spousal support and/or property division, please consider our law office in your divorce attorney search. We are located in Laguna Hills right off Lake Forest exit to both the 405 and 5 freeway.

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Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716-2102
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www.LawintheOC.com

Although the posting of this information can be considered free legal advice for a divorce in Orange County, it does not guarantee that there are other facts which may play a significant part in a dissolution. Circumstances in a divorce case may alter the required action and analysis taken by a family law attorney in California.

Please note that this legal advice does not establish a family law attorney-client relationship. This is a legal advertisement for Treviño Law, Inc.
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