Divorce and the Vocational Exam

At the Law Office of David P Schwarz are experienced Orange County lawyers who have litigated many vocational exam issues during the divorce proceedings. Please contact our office for a consultation at 949 735 9266 or via the web. We can also be contacted via the email at dpslaw66@gmail.com

A divorce attorney can file a motion with the court requesting a vocational exam in a dissolution of marriage or for legal separation proceeding.

Once the request for vocational exam is before the court the Judge may order a party to submit to an examination by a vocational training counselor.

The examination shall include an assessment of the party's ability to obtain employment based upon the party's age, health, education, marketable skills, employment history, and the current availability of employment opportunities.

The exam is vital to assisting the Court in determining the status of a party as far as their earning capacity. The exam will assess the party's ability to obtain employment that would allow the party to maintain herself or himself at the marital standard of living.

The Orange County Divorce lawyer will draft an order that will provide the particulars of the exam. The order shall specify the time, place, manner, conditions, scope of the examination, and the person or persons by whom it is to be made.

At the Law office of David P Schwarz we have requested on many occasions that a vocational exam be done in order to show to the court that the other party can earn a living without the assistance of the other parties money.

A divorce lawyer will confirm through diligent efforts that the vocational examiner is an expert under the evidence code and can adequately examine the occupational abilities of the party.

A divorce attorney will ensure that the vocational expert must have sufficient knowledge, skill, experience, training, or education to adequately perform their duties as a vocational evaluator.

They must be able to adequately interview the party and determine through their expertise if the party has marketable skills and can seek employment and or is employable. A good vocation expert is vital to getting a client a fair and reasonable reduction in the amount they will pay in spousal support.

A vocational training counselor must have a minimum criteria in order to perform their task as a vocational examiner.

They must have a masters degree in behavioral sciences and understand a persons career abilities. They must understand if that person has marketable skills. To determine a parties marketability they must look at the parties ages, mental health, education and experience.

Furthermore, they have to have knowledge of the job market and the training that would be necessary for the party to succeed on their own.

At the Law Office of David P Schwarz, we have fought for and succeeded in getting vocational exams ordered by the Orange County Court and protected are clients financial interests in paying excessive spousal support. Please contact our office at 949 735 9266 or via the web. We can also be contacted via email at dpslaw66@gmail.com

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