The issues of spousal support (alimony) and child support occur in almost every Orange County Divorce. A vocational evaluation is a method by which a spouse’s earning capacity can be measured, and it is done by a vocational evaluation expert who is trained in evaluating a person’s ability to work and to survey the job market to identify job prospects that may be suitable for that person. It is common to request a vocational examination in situations where one spouse is underemployed or unemployed and is requesting support. Obviously the supporting party does not want to pay an inflated amount of support, especially if he or she feels the supported spouse is purposefully avoiding work. If the court makes findings as to the evaluated party’s earning ability and the availability of suitable work for the party, then it may impute a certain income to the supported party that may reduce the amount of support ordered.
Getting a Vocational Evaluation in an Orange County Divorce
In order to obtain a vocational evaluation of the other party in your Orange County divorce, you must ask for it. In law, the way you ask the court to do things is either by order to show cause or by motion. If you want the judge to order the other party to submit to a vocational examination, you must file a motion and the other party would have the opportunity to oppose it. If successful, the court will grant the motion and require the other party to submit to the vocational exam.
Filing a Motion for Vocational Examination
Law and motion matters are not as straightforward as, say, asking for guideline spousal support. You must present relevant law and facts that would persuade the judge to order a vocational evaluation. If you need assistance in filing a motion for a vocational examination, please contact Derrick Taberski by phone at 714-900-3627 or by using our convenient contact form.