By Robin Roshkind, Esquire, West Palm Beach, Florida
A vocational evaluation is a tool…it is a way to intimidate a non working spouse, but more than that it is a tool to evaluate what a spouse’s income could be if they were fully employed. The judge in Palm Beach County divorce court has the ability to impute an income to a person if the court makes certain findings: that the spouse is voluntarily underemployed, that the spouse could earn at the least a minimum wage, that the spouse has an education and a great income work history.
Income is important in divorce matters because child support is based upon income, as well as an award of alimony and attorneys fees. Both alimony and attorneys fees are based upon need and ability to pay. Proving a spouse’s income is a very important issue for more than just one purpose.
A vocational evaluation is performed by a trained therapist/psychologist. You have to motion the court so that your spouse is court ordered to submit to a vocational evaluation. This is especially important where a spouse is asking the court to award a rehabilitative alimony. If you are thinking about divorce in Palm Beach County, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com for more information.