Vocational Evaluation

O.C. Divorce & Custody and Visitation Lawyer- Vocational Evaluation

What is a Vocational Evaluation?

In the context of Family Law, a vocational evaluation is an examination of a party that seeks to identify the party’s  work skills, abilities, interests, and limitations.  Under Family Code Section 4331, a party in a dissolution of marriage or legal separation action may file a motion requesting the court to order the opposing party to submit to such an evaluation for good cause. The vocational evaluator is then appointed by the court as the court’s expert pursuant to Evidence Code 730. The examination assesses the party’s ability to obtain employment based on their age, health, education, skills, employment history, etc.

Such an order is often granted when a party is unemployed or under-employed and alleging they do not have the ability or opportunity to increase their income. For instance, if a Husband is unemployed yet has a Masters degree, years of work experience, and job opportunities, and he is alleging he has a limited earning capacity, the court may order a vocational evaluation to determine his income. The party will then be ordered to see the court-appointed vocational evaluator who will provide a report to the court concerning the individual’s skills and abilities to earn a living.

For more information on filing for a dissolution of marriage or legal separation, click here.