Understanding the Court's Authority to Order Vocational Assessments and Alternatives to Establishing Earning Capacity in Family Law Cases

For child support, it is California law that both parents must provide support for their children according to the parent’s circumstances and station in life. (Cal. Fam. Code §4053.) Likewise, in dissolution cases involving spousal support, it is the policy of the state that the supported party (the recipient of spousal support) will become self-supporting within a reasonable period of time after the parties separated. (Cal. Fam. Code §4320.)

In some relationships, one spouse/parent was a home engineer who took care of the children at home or simply stopped working after the marriage while their spouse continued working and earned income. Once these parties separate, it is often difficult for the court to determine the earning capacity of the stay-at-home spouse/parent, i.e.  how much, if anything, they can earn and what job they can have. 

Earning capacity is based upon a person’s ability to work and the opportunity to do so. Once it is determined, the monthly amount can be imputed to such person by the court as income. This will change the child or spousal support calculation for them. 

One of the methods courts use to assess one’s earning capacity is through vocational assessments. In California family law cases, it is crucial to know and understand the court's authority to order such assessments and alternatives available for establishing earning capacity.  For child support, the court requires a preliminary showing that the vocational evaluation would be in the best interests of the children and that this party has the ability to earn income.

Court's Authority to Order Vocational Assessments
Courts have the authority to order vocational assessments to evaluate a party's ability to work and their potential earning capacity. These assessments involve a comprehensive evaluation of the individual's medical condition, education, work history, skills, and potential for retraining. The goal is to develop a clear understanding of the party's ability to earn income post-separation or divorce. Vocational Assessments (Vocational Evaluations) are usually done by a vocational evaluator.

Disputes over Earning Capacity
Vocational evaluations are particularly useful in cases where there is a dispute over a party's claimed earning capacity or when a party claims they cannot find a job and support themselves or their children. By conducting these assessments, courts can ensure that the party receives the necessary support and training to transition into a new role that accommodates their limitations or maximizes their potential.

Who Pays for a Professional Vocational Assessment?
In general, the party requesting a vocational evaluation of the other party will be ordered to pay up front, subject to court’s review to reallocate the cost.

Are There Alternatives to Establishing Earning Capacity?
While vocational assessments are a common method, there are alternatives that courts may consider to establish a party's earning capacity and their potential income:

• Medical Evaluations: Medical evaluations by healthcare professionals can provide insights into the party's physical and mental limitations, helping to determine the types of work they can perform.

• Work History and Performance: Reviewing the party's work history and performance before the separation or divorce can help establish a baseline for their earning capacity and identify suitable job opportunities.  However, a court cannot use past earnings to establish earning capacity.

• Labor Market Surveys: Conducting surveys of the local labor market can provide information on the availability of jobs that match the party's skills and limitations, helping to estimate their potential earnings.

• Self-Directed Rehabilitation Programs: In some cases, parties may develop their own rehabilitation plans, which can be reviewed and approved by the court to ensure they align with the goal of restoring earning capacity.

Conclusion
Determining a party's earning capacity in family law cases is a complex process that requires knowledge of the law and careful consideration of various factors. Contact experienced attorneys at Livingstone Law today to discuss your situation and see if we can help you.