In many family law cases, support is a hotly contested issue. When child support or maintenance (alimony) are at issue, many worry whether their former partner is being truthful about their income or what they can earn. For example, your former partner may have a degree that would allow them to earn $80,000 a year but instead, they are choosing to work a lower-paying job or simply stay at home. In that situation, an accurate idea as to their earning capacity is very important, especially because that is a factor the judge considers when making determinations regarding child support and maintenance. Trying to accurately determine your former partner’s income or income potential is not something you can do on your own. Thankfully, there are individuals known as vocational experts (or evaluators) who do the hard work for you.

Vocational experts conduct interviews with your former partner that assess a variety of factors including age, health, education level, prior work history, job skills, and the job market. The vocational expert may review your former partner’s resume during this interview. The information gathered is then summarized and used to formulate recommendations regarding employment opportunities and salary potential. The results are based on objective criteria, meaning your former spouse cannot escape the reality of what they could, or should, be earning. This objective analysis is incredibly helpful to attorney in negotiating child support or maintenance amounts, and for judges who make the final determination.

Whether or not to use a vocational expert, and who to select as the appropriate vocational expert, can be a decision that a family law attorney can help you make based upon the needs of your case. It is possible that your former partner may also want you to submit to a vocational evaluation as well. Depending on the situation, both you and your former partner may be responsible for any costs associated with the vocational evaluation, or just one of you. Should the party who is supposed to obtain a vocational evaluation refuse to do so, a court may order compliance.

If you are interested in or in the process of negotiating child support or maintenance payments, contact Nelson, Krueger & Millenbach, LLC at (414) 258-1644 to speak with one of our attorneys regarding your specific situation.