We are often asked “What should I do if I want to minimize the amount of support I have to pay my soon to be ex-wife? Contact the Certified Family Law Specialists at Burke & Domercq and learn more about reducing spousal support after a divorce through vocational evaluation.
There are actually a number of legal ways to reduce the amount of a potential spousal support award. The first step may surprise you: stop working overtime. If you work overtime and continue to do so, the basis of your income in the calculation will be higher than your actual income because it includes overtime compensation. However, you are not required to work overtime and if you do not receive this income then the Court will not consider it in determining the amount of income available for support.
Another method to reduce the amount of potential support is to show that the supported spouse actually has the ability to engage in gainful employment and contribute to his or her own support. To avoid a ‘he says; she says’ dispute, frequently an expert is engaged to inform the court of the earning ability of the supported spouse. This is called a vocational evaluation. California family law clearly provides the judge with a basis for seeking a vocational evaluation which should consider many factors including an analysis of the potential recipient of spousal support including, but not limited to:
- age and health
- education, marketable skills, employment history and the potential of the present employment market
- The ability and resources to gain any needed additional training and or skills
The focus of the vocational evaluation is to assess the party’s ability to obtain employment which would allow the party to maintain herself or himself at or close to the marital standard of living.
The vocational evaluation report usually provides valuable evidence the court will consider in determining the proper amount and duration of potential spousal support.
Learn more about spousal support, vocational evaluation and the strategies which will help you to accomplish your goals. Protect your own interests and contact us or call 760-434-3330 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.