In a California divorce, a vocational evaluation may be used to assess the earning capacity of one or both spouses, especially in cases where one spouse may be claiming that they are unable to work or earn sufficient income. Vocational evaluations can be particularly important in disputes over spousal support (alimony), child support, or property division.
What is a Vocational Evaluation?
A vocational evaluation involves an assessment by a qualified vocational expert who looks at a spouse’s ability to find employment or increase their income based on various factors, including education, work history, training, and current market conditions. The expert may also assess the likelihood of a spouse’s success in gaining employment or transitioning into a new career if they have been out of the workforce for a period.
Common Situations in Divorce Where Vocational Evaluations are Used
- Spousal Support/Alimony:
- One spouse may claim that they cannot support themselves financially after the divorce due to a lack of work experience or inability to earn a decent income.
- A vocational evaluation can help determine whether the spouse is making reasonable efforts to become self-supporting or if they have the skills to do so.
- Child Support:
- In cases where one parent claims that they are not able to work because they are the primary caregiver for children or have health issues, a vocational evaluation might be used to assess their earning potential.
- Career Transition or Retraining:
- If one spouse is seeking spousal support and has the potential to increase their income by returning to work, retraining, or transitioning to a different field, a vocational evaluation can evaluate their ability to make that transition.
Components of a Vocational Evaluation
A vocational evaluator typically performs the following steps:
- Review of Background: The evaluator reviews the spouse’s work history, education, training, and skills.
- Assessing Earning Potential: The evaluator considers the spouse’s current employability and earning potential based on their qualifications and the local job market.
- Job Market Analysis: The evaluator examines the availability of jobs in the area, taking into account the spouse’s skill set and education.
- In-depth Interviews: The evaluator may conduct interviews with the individual to understand their career goals, work preferences, and personal circumstances.
- Report: The evaluator will produce a written report detailing their findings, including the spouse’s earning potential and whether they could be earning more or less than they claim.
Legal Use of Vocational Evaluations in Divorce
In a California divorce, vocational evaluations are typically requested by one of the spouses or ordered by the court if the issue of support is contested. If one spouse argues that they are unable to work or earn a livable income, the vocational evaluation can be used to present evidence in court that challenges that claim.
Vocational evaluators are often used in cases where one spouse has been out of the workforce for an extended period (e.g., to raise children), or when there is a claim that a spouse is intentionally underemployed to avoid paying or receiving higher spousal or child support.
Choosing a Vocational Evaluator
It’s essential to select a qualified and experienced vocational evaluator, preferably someone who has training in both vocational rehabilitation and family law issues. A certified vocational expert can provide a detailed and objective evaluation of earning potential.
Conclusion
In California divorces, a vocational evaluation can play a crucial role in determining financial responsibilities, particularly regarding spousal and child support. It helps ensure that both parties are fairly assessed in terms of their capacity to earn and provide for themselves post-divorce, while also preventing one spouse from claiming an inability to support themselves when it may not be accurate