Legal Question in Family Law in California

What is a Vocational Evaluation as it pertains to Imputing Income

Hello, I was informed that a vocational evaluation could be used to determine how much a judge would impute income. I have a situation where my ex-wife is trying to modify CS & grossed over $50k a yr until the end of 2001. Just after filing for the modification began working for her Chiropractors ofc 32 hrs a wk. She is apparently taking continuing education classes pertaining to her new job. I estimate she's grossing about $2,000 a month. She has 20 yrs experience w/a major dental insurer,& was frequently promoted. Her former employer has had a customer service position available since Jan 03 w/a gross of $3,300 per month. What do I need to do to have the court impute her income to @ least $3,300 a month? Do they have to order a vocational evaluation, can she volunteer to do one(very unlikely), & what if she does poorly on it on purpose? Can I ask the court to subpeona her employment history from her former employer? What is involved in this process? Please advise.

Asked on 7/19/03, 5:30 pm

2 Answers from Attorneys

Brian Levy, Esq. Law Office of Brian Don Levy

Reply: What is a Vocational Evaluation as it pertains to Imputing Income

You may have several options, including but not limited to a vocational evaluation.

I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

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Answered on 7/21/03, 12:16 pm

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: What is a Vocational Evaluation as it pertains to Imputing Income

A vocational evaluation is a process where the employability of a person is evaluated by a professional. This person can also testify as to the ability of an individual to obtain employment in a particular field.

The court will attribute income if it is convienced that the party is intentionally depressing their income.

You may be able to get informaion regarding why she is no longer employeed from her from employer.

If she voluntarily left employment this will weigh against her on the issue of attributed income.

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Answered on 7/19/03, 7:30 pm

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