One of the most relevant factors courts consider when awarding spousal support is earning capacity. Earning capacity considers more than just the current wages a spouse earns. Instead, it considers various factors to estimate future earnings. A Boulder spousal support lawyer from our law firm can work with a vocational expert to solicit testimony regarding your or your spouse’s earning capacity, allowing the court to have reliable information on which to base its decision.
What Is a Vocational Expert?
Vocational experts are people with education, training, and experience to estimate others’ earning capacities while considering various factors. They analyze the labor market, job availability, and future earning capacity. They assess employability and earning potential in spousal support cases.
How Vocational Experts Assess Earning Capacity in Spousal Support Cases
Vocational experts provide an objective assessment of a particular person’s earning capacity based on specific criteria. These assessments are crucial to provide accurate information about a person’s earning capacity to render a fair decision regarding spousal support. If the estimate is too high, the spouse may be paying too much spousal support, but if it is too low, the obligated spouse may be ordered less spousal support than what is fair.
Legal Framework for Vocational Evaluations in Colorado
Colorado Revised Statutes § 14-10-114 governs spousal maintenance and provides the legal basis for considering the earning capacity of spouses. This law states that the right to spousal support is based on the inadequacy of property and earning capacity of the spouse seeking maintenance.
A court can consider the testimony of vocational experts in various contexts. First, the court may assess the requesting spouse’s earning capacity to determine if they would need financial assistance in the form of spousal support. Then, they can consider their ability to become self-supporting and how long that might take based on their earning capacity or their need to rehabilitate their earning power. Finally, the court can impute income to a spouse who is voluntarily unemployed or underemployed to determine a fair amount of spousal support to order when the spouse’s current wages do not align with their earning power.
What Are the Components of a Vocational Evaluation in Colorado
The general components of a vocational evaluation include:
- Initial assessment: The vocational expert conducts in-depth interviews to gather personal, educational, and employment history. They may also administer vocational aptitude and interest tests.
- Labor-market analysis: The expert conducts research on current job openings, salary ranges, and employment trends in the relevant geographic area.
- Transferable skills evaluation: The vocational expert analyzes the spouse’s skills and how they can be applied to new employment opportunities.
- Final report: The expert prepares a report that summarizes their research and findings. They identify potential career paths and estimate earning capacity.
Contact a Boulder Spousal Support Attorney at Stahly Miner LLC Today
An experienced Boulder spousal attorney at Stahly Mehrtens Miner LLC can help identify and prepare a vocational expert for your spousal support case. Call us at (303) 797-2900 to schedule your free consultation.