Vocational Evaluations in Family Law Cases in California

Vocational Evaluations in Family Law Cases

Posted May 19, 2023

In Child Custody, Child Support, Family Law

In family courts, child support and spousal support are subjects of intense debate. Parents and spouses engage in heated discussions concerning various factors that can affect the support amount, including its proper payment duration. Disputes may arise where one party alleges intentional underemployment or failure to earn income, citing the other party’s skillset and work history. Conversely, the opposing spouse might assert an inability to work, work more, or increase their earnings due to various limiting factors. These contentious situations often lead to the consideration of ‘vocational evaluations’.

What area Vocation Evaluations?

A vocational evaluation is an assessment conducted by a vocational expert to determine a party’s vocational abilities, skills, and earning potential. The vocational expert will consider a variety of factors, including the party’s education, work history, and job skills, as well as the job market in the area where the party lives. The key is determining a person’s ability to earn and whether opportunities are available.

Why are Vocation Evaluations Important?

Vocational evaluations provide critical information to the court about a party’s ability to earn income and their potential earning capacity.
When it comes to child support, there are several key principles that support the need for vocational evaluations in some cases. As an example, some of these principles are:
A parent’s first and principal obligation is to support the parent’s minor children according to the parent’s circumstances and station in life.
Both parents are mutually responsible for the support of their children.
Each parent should pay for the support of the children according to the parent’s ability.
The financial needs of the children should be met through private financial resources as much as possible.

When it comes to spousal support, the family code sets forth the goal that a spouse receiving spousal support take steps to be self-supporting within a reasonable period of time. That goal, in conjunction with several other factors, impacts a Judge’s discretion in determining spousal support orders.

With the above ideas in mind, vocational evaluations will impact a Judge’s decision regarding the amount of spousal support and/or child support, and whether a party is “imputed” income and required to make “job contacts.” The vocational evaluation will also help a supported party understand their options for employment or education to obtain employment if they had a level of uncertainty previously.

What does the vocational evaluation process involve?

Generally, the process of undergoing a vocational evaluation involves the following steps:
An initial meeting with the vocational expert. This is an information-gathering phase for the expert to understand the individual’s education, work history, skills, and interests.
Testing and Assessment: The vocational expert may evaluate a party’s aptitudes, abilities, and interests with testing tools they provide.

The above steps help the expert to determine a person’s ability to work in specific fields, conditions/environments, and what further education or training a person may need.

Job Market Analysis: The job market analysis is necessary to discover the types of jobs that are available in the area where the party lives and the earning potential of those jobs. Ability is important, but having the ability to work without job options is a critical limitation. The expert will often predict how long it will take an individual to become employed within the current job market.
Evaluation Report: The expert’s report, once completed, will be delivered to each party and their attorneys, and will be made available to the Judge. If the parties are unable to settle the case, the expert will be made available for testimony at the hearing.

Are there any downsides to vocational evaluations?

Usually, vocational evaluations are more valuable than not, and provide the court with the necessary information to make appropriate court orders. Some downsides to consider, however, include:

Cost: The evaluations are not cheap, and if you are requesting one you can expect to be responsible for paying for the evaluation. With that being said, you must discuss with your attorney with the expense will be worth the result.
Time: Whenever an expert is asked to provide an evaluation and report in a family law case, you can expect delays to occur. Expert work takes time, and that can be frustrating to litigants.
Invasiveness: The family law process already places people in a vulnerable situation where they are required to share nearly their entire lives with the court, and in the court record. The vocation evaluation puts individuals further under a microscope and may feel stressed and discomforting.
Outcome: You get what you pay and wait for, which may not be the results you hope for if the facts don’t support what you think they do. The accuracy of the information the evaluator reviews may also be a factor in the outcome. The results are partially in the expert’s hands, and partially in the Court’s (the ultimate decision maker). Your attorney will advise you on the risks involved in your case.

Vocational evaluations play a crucial role in family law cases, particularly when determining child support and spousal support. These evaluations provide valuable information about a party’s earning capacity and potential, aiding judges in making fair and informed decisions. If you are involved in a family law case in California and believe that a vocational evaluation may be beneficial to your situation, it is essential to consult with your attorney to assess the potential costs and benefits. While there may be downsides to consider, such as expenses, delays, invasiveness, and uncertain outcomes, understanding your rights, responsibilities, and options is vital. Our experienced family law team at Naimish & Lewis is here to guide you through the process and provide the necessary legal advice.

To take the first step towards resolving your family law matters, schedule an initial consultation with one of our attorneys by contacting us today. Empower yourself with the knowledge and support you need to navigate your case successfully.

Robert J. Allison, Esq.

Mr. Allison is a resolution-oriented associate attorney in our Family Law Practice. Even-keeled and fact focused, he is able to assist our clients understand their rights and obligations through the stress and smoke and mirrors presented in their divorce, custody, and domestic violence matters. During the initial consultation, and again once facts and evidence have been collected, Mr. Allison provides various strategies to help clients present their cases, considering cost, time, and client needs. He prides himself in not making false promises to his clients and is unafraid to speak the raw and sometimes harsh reality of how a Court will decide a matter given a specific set of facts and circumstances, both to his clients and to opposing parties. Many potential clients share that they are unhappy with their previous attorneys because they felt a lack of communication, an uncertainty about the family law process and timeline, and they do not understand the strategy in their case or the invoices they receive. While the legal process is complex, Mr. Allison attempts to reduce the confusion through a reasonable case management process involving client participation, because a family law case is often the most difficult period of time in a client’s life.