Vocational evaluations are essential in many divorce cases, especially when determining fair spousal support. Courts factor in each party’s earning capacity to calculate support. But what happens when one spouse is voluntarily unemployed or underemployed? A vocational evaluation provides an objective look at their true earning potential, helping the Court set appropriate support levels based on realistic income assessments.
A vocational evaluation is a comprehensive assessment conducted by a vocational expert to determine an individual’s employability and potential earnings. Key factors examined in this evaluation include:
Once these factors are reviewed, the vocational expert prepares a detailed report outlining job roles the individual qualifies for, expected pay ranges, and an overall earning capacity. This report can significantly impact spousal support determinations by providing a factual basis for income imputation—where the Court assigns an income level to a party who isn’t reaching their full earning potential.
A vocational evaluation becomes essential when one spouse is intentionally unemployed or underemployed. Known as income imputation, this process allows the Court to assign a reasonable income level to a spouse to ensure support calculations reflect a fair earning capacity.
Here’s when and why a vocational evaluation matters:
Example Scenario: Suppose your spouse was a stay-at-home parent with a degree and work experience who now seeks to remain at home after the divorce. A vocational evaluation could demonstrate to the Court that your spouse has a realistic potential to earn, thereby adjusting the support calculation accordingly.
If a vocational evaluation is necessary, here’s how you can obtain one:
Vocational evaluations are valuable in various situations beyond straightforward support calculations. Consider these contexts:
These scenarios showcase how vocational evaluations ensure support obligations are based on factual earning capacities rather than voluntary underemployment.
Vocational evaluations provide Courts with objective insights into a spouse’s earning potential, which is critical for calculating spousal support fairly. While Courts cannot compel a spouse to pursue a particular job, they can impute income based on the evaluation report’s findings. This adjustment aligns support calculations with realistic income expectations.
Example Impact: According to recent data, vocational evaluations can reduce spousal support by as much as 20% when income imputation is applied successfully. Courts value the vocational expert’s analysis, especially in cases where one spouse appears capable of generating significant income.
For the best results, follow these steps when considering a vocational evaluation:
If you believe a vocational evaluation could be advantageous in your divorce case, contact The Reape-Rickett Law Firm at (888) 851-1611. Our experienced attorneys can help you secure an accurate assessment to achieve fair support determinations.