What is a Vocational Evaluation?

This sounds fancy, doesn't it? But what exactly is a vocational evaluation?

The definition of a vocational evaluation is an assessment of one's earning capacity and employability in a given labor market. There are a few instances in which one of these might be necessary, including personal injury or employment law. But they are also frequently used in family law cases as well.

Why is that? Let's discuss.

Whether you are involved in a dissolution, legal separation or an allocation of parental responsibilities case, both parties' incomes are going to be pertinent to any discussion. The income of each party, and the disparity between them, can determine payment of support (both child support and maintenance, or spousal support) and can even tip the scale in property division.

There are several instances in which an attorney may recommend, or a Judge/Magistrate may appoint, a vocational evaluator in a family law case.

Voluntary Underemployment

Unfortunately, it is not unheard of in family law for one party to think that they can fool the Court or other party with quitting a job and/or get a much lower paying job when a family law case is filed. They may think if they have no income, they will have no support obligation. If this is the case, they are sorely mistaken. The Court is more than aware of these kinds of circumstances and if that is applicable to your case, the party may be considered voluntarily unemployed. This means that they have the ability to work a certain job and/or earn a certain income but are intentionally not working that job or earning that wage in an effort to shirk support obligations.

If this is determined, a Court may impute income on the party that is involuntarily unemployed. They may say that the party has the ability to earn $XXX and so that income will be used for that party instead of a lesser amount, even if they are not currently earning that amount.

A vocational evaluator will run an analysis of the job market in addition to the party's current employment and salary. The truth is that the market changes frequently, so it is unfair to have a rigid standard that everyone is held to. Different jobs change in availability and pay structures. One great example of this was back in 2020 in the aftermath of COVID when realtors were making average salaries, then their incomes surged considerably and then tanked. If realtors were always held to the same standard throughout the times, this would be an unfair and inappropriate analysis to apply.

Some folks get laid off of a job or quit a job in order to go to school or pursue a more fulfilling job or one that they genuinely believe will be a better choice in the long run. The standard that Courts hold for determining whether someone is voluntarily underemployed or not is called a good faith job change. For example, a dental assistant may be making $24/hour and decide to quit to pursue school to be a dentist. During school, that party may not be making a salary, but they are actively working toward a degree that will allow them to make a substantially larger salary of $150,000 to $200,000 per year when they complete the program. This may not be determined voluntary unemployment in this case.

Lay-offs

Similar to above, if one party is laid off of a job during the pendency of a family law case, their efforts to find a similar job and one with a similar salary can be examined by a vocational evaluator. They will be told to keep track of their efforts to get a new job. This might include things like evidence of contact with potential employers, applications completed, dates of interviews, job offers, and the like. The point of this is to make sure that the party is diligently working toward keeping the financial status quo.

Stay-at-home parent or homemaker

Another instance in which this frequently comes up is if one party is or has been a stay-at-home parent or homemaker. Even when and if it has or was an agreement between the parties that one party would stay home and tend to the house and/or child(ren), when a dissolution or separation occurs, that party's employability may come into question.

A vocational evaluator may look into that party's education and former employment to see what they are capable of earning or what jobs they may be able to be hired for. Typically, a party that is or has been a stay-at-home parent or spouse may be imputed a minimum wage income even if they have not been in the workforce outside of the home for some time.

If one of the above scenarios is applicable to you, your attorney may advise you to hire a vocational evaluator. The cost as of date of this publication is usually around $700-$800 with a turnaround time of about three weeks or less.

A vocational evaluator is appointed to your case and will analyze information to determine the employability and projected potential salary for a party. They take information such as past employment, education and the job market. They will issue a report that is not filed with the Court necessarily but definitely can and usually is used as an exhibit for a hearing. One of these experts can be jointly or solely appointed.

The timing for hiring a vocational evaluator will vary depending on your case and you should certainly consult with a legal expert on what might be the right timing for you. However, keep in mind that if you are planning to use this report in mediation or at a trial, you will have to have it completed in advance of those dates. Usually, it is best practice to get one on board as soon as you need one to make sure that you can get one with the availability and experience that you need.