Importance of vocational eval to impute income?

[DecentDad]

Hi Soc,

In reading LaBass/Munsee and others involved with income imputation, it doesn't seem like many had a vocational evaluation done.

Perhaps a difference with my ex is that she has NEVER earned much-- she lives off of handouts from friends and family.

She touts her experience, skills, education in deposition, proudly acknowledges that she COULD earn $5000/month, but has no history to show anything.  She's been self-employed for 10 years and has also occasionally taught single courses at a college and a school district.

I'd rather not have to pay for a vocational evaluation.  I paid $12k for custody evaluation.  My total support for daughter is nearly a thousand dollars a month (plus the cost of her care in my own home).  Ever since her birth, I've been the only parent supporting her.  Biomom has refused to work.  She claims nearly $3000/month in expenses but only $200 in income.  Because she's secretive with her income source, and because she refuses to work, we're faced with imputing.


1.  Is it enough to move to impute income based upon her admitted earning capacity (along with everything else I have to show imputation is needed)?

2.  If I ask to impute, but don't move for a vocational eval, would the court on its own motion order a vocational evaluation if it deems it necessary?

3.  If vocational eval is necessary, as the sole financial supporter of my daughter and with my salary is tapped out, is it reasonable to ask the court to make biomom pay for the vocational eval (or reimburse me if I advance it to make sure its done)?

Thanks,
DD

[socrateaser]

>>1.  Is it enough to move to impute income based upon her
>admitted earning capacity (along with everything else I have
>to show imputation is needed)?

We have discussed the prima facie case for earning capacity before. (1) talent and ability to work, (2) availability of work commensurate with one's talent and ability, and (3) unwillingness to work. Prove all three, and unless the court finds that it is in the best interests of the children that the parent not work, the court must impute.

>2.  If I ask to impute, but don't move for a vocational eval,
>would the court on its own motion order a vocational
>evaluation if it deems it necessary?

Nope. You have the burden of producing sufficient proof to place the matter fairly before a trier of fact. In order to do this, most attorneys will want an expert to testify to subject person's earning capacity. But, if you have testimonial admissions that cover all of the elements, then you have met your burden, and it's up to the other party to explain why their admissions should not be treated as facts (mistake, inadvertance, undue influence).

>
>3.  If vocational eval is necessary, as the sole financial
>supporter of my daughter and with my salary is tapped out, is
>it reasonable to ask the court to make biomom pay for the
>vocational eval (or reimburse me if I advance it to make sure
>its done)?

You must pay for your own experts. If you win, then you can ask for reimbursement, but not before, except when there's an eval of the child going on.

[DecentDad]

In deposition, everything is extremely clear and tight in her refusal to work, her desire to stay home, her failure to seek any full-time employment in two years, a part-time job offer she got for $20/hour that she turned down, her experience, & her education.  In discovery (response to interrogatories), she admitted that she has no health condition preventing her from working, and child has no special needs.

The only question is exactly how to interpret her admitted earning capacity in deposition...

The text of deposition:

Q:  "When you said you can earn $300/day [in a 2001 phone recording] is that true?  You can earn $300/day?"

A:  Sure

Q: "Do you think that someone with your education and experience could get a job that pays $5000/month?"

A:  Yes

Q: "What sort of position would someone with your education and experience seek?"

A: Like a teaching position at a college or junior college.

Q: "And what do you think that would pay?"

A:  "Maybe 36,000 to 42,000"

Q: "Within the past two years, did you pursue that kind of employment?

A:  No


Her I/E declaration has her monthly expenses at $3000/month and her income at $200/month.

If her income is imputed at $5000/month, my CS goes down $350/month.  If her income is imputed at minimum wage (worst case scenario), my CS won't change.  If her income is imputed at 36000/year, my CS drops $140/month.


1.  Given her above testimony, what would you argue should be her imputed income?  Seems like it could be anywhere from 36000/year to 5000/month.

Thanks,

DD

[socrateaser]

>1.  Given her above testimony, what would you argue should be
>her imputed income?  Seems like it could be anywhere from
>36000/year to 5000/month.

You probably need to have a vocational eval, because her testimony is contradictory. She may have a degree, but evidently it's not in math.

Or, you can just try to argue one or the other, and let the judge decide.

[DecentDad]

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