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Vocational Evaluation

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zaharius

Junior Member
What is the name of your state (only U.S. law)? California

At the child support hearing the judge brought up "Vocational Evaluation" process when the father claimed that his income has significally dropped down. The judge asked me if I wanted to request it and I did not understand anything about this process and agreed to request it and pay for it. But when I came home I found out that it is a costly process over $4000. I wonder is there is a way to cancel this particulate order requested by me because I did not understand it at the hearing?
 


commentator

Senior Member
It's one of those reasons why a good attorney is so helpful. The question is, is your husband deliberately electing to be underemployed so that his child support payments and other financial support will not be set high? In other words, it might be worth $4000 to you in the long run. IF he has the potential, and the history to be a 100K earner, and yet when the time came to estimate his child support he found himself working as a janitor that would be a definite loss in income. If he's a union construction worker and he elects to spent a whole lot of the past year on unemployment not taking the possible jobs that would come available to him, that might be perceived as deliberate. Apparently the judge thought they saw something like this going on, or they would probably not have suggested this. An evaluation of this type would look at the availability of jobs in his field, in the area, his past earnings, and might possibly be used as evidence to set him up for having to pay you more. Do you think he's done this perhaps?
 

zaharius

Junior Member
It's one of those reasons why a good attorney is so helpful. The question is, is your husband deliberately electing to be underemployed so that his child support payments and other financial support will not be set high? In other words, it might be worth $4000 to you in the long run. IF he has the potential, and the history to be a 100K earner, and yet when the time came to estimate his child support he found himself working as a janitor that would be a definite loss in income. If he's a union construction worker and he elects to spent a whole lot of the past year on unemployment not taking the possible jobs that would come available to him, that might be perceived as deliberate. Apparently the judge thought they saw something like this going on, or they would probably not have suggested this. An evaluation of this type would look at the availability of jobs in his field, in the area, his past earnings, and might possibly be used as evidence to set him up for having to pay you more. Do you think he's done this perhaps?
He used to work as a general contractor , 11 years of experience. I have no idea how much he made in the past as we were not married. But I know his expenses were high. Last year he claimed he made $3000 a month, but this year ( because child support is filed this year) he claim he makes $1000 a month. He has BS in engineering. I was afraid the judge will set child support based on his $1000 a month claimed so I requested evaluation. But at the end of the hearing judge ordered him to pay support based on $3000. I have no idea if his earning potential will be more or less than this after the evaluation. I do not know what to do.
 

Silverplum

Senior Member
He used to work as a general contractor , 11 years of experience. I have no idea how much he made in the past as we were not married. But I know his expenses were high. Last year he claimed he made $3000 a month, but this year ( because child support is filed this year) he claim he makes $1000 a month. He has BS in engineering. I was afraid the judge will set child support based on his $1000 a month claimed so I requested evaluation. But at the end of the hearing judge ordered him to pay support based on $3000. I have no idea if his earning potential will be more or less than this after the evaluation. I do not know what to do.
You bit off more than you can chew, legally, and won the larger part of your case. Pretty good/lucky for you. Now go to your court's website and download a motion to modify the part of the the order that requires a vocational evaluation.
 

zaharius

Junior Member
Behind on child support

You bit off more than you can chew, legally, and won the larger part of your case. Pretty good/lucky for you. Now go to your court's website and download a motion to modify the part of the the order that requires a vocational evaluation.
What can be done legally if a parent is behind on child support? Court ordered him to pay $800 a month, but he pays me only $100 a month. It has accumulated to $6000 already. How can I enforce him to pay what he owes?
 

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