What is the “Gavron Warning” and does it apply to a divorce in Carlsbad and North County San Diego? The Gavron Warning is part of a spousal support order. The Gavron warning provides notice to a person receiving spousal support the Court expects them to become self-supporting instead of relying upon continuance of the spousal support orders.
The recipient must make every effort to gain meaningful employment or increase their income in a “reasonable period of time.” What constitutes a “reasonable period of time” based upon California law? Much of this determination will be based upon the length of time the couple was married. In cases where the parties marriage lasted less than 10 years, the period is often based upon half of the actual duration of the marriage.
The Gavron Warning arose out of a case that went to Appeal in the late 1980’s. In the Gavron case the Court determined that before an order for spousal support could be reduced or ended the Court must provide notice or a “warning” to the party receiving support to become self-sufficient. This led to a lot of confusion about the nature of spousal support for several years.
in 2000 California legislators incorporated this into our state family law code. The law now states (in part): “When making an order for spousal support, the court may advise the recipient of support that he or she should make reasonable efforts to assist in providing for his or her support needs.”
Unlike child support, spousal support in California is not determined based upon a specific financial formula. The amount and duration of spousal support is often highly contested in Carlsbad and North County San Diego divorce cases. This is why it is important to work with the experienced and proven attorneys at Burke & Domercq, APC.
We have decades of experience before the family law courts in North County San Diego and provide sound counsel for our clients. We invite you to review the recommendations of our clients and contact us or call 760-389-3927 to schedule an appointment with one of our attorneys.