Imputing Income and Vocational Evaluations
If the Court decides that it is going to impute a party with income, it will next need to decide what income to use. If a party is not working enough hours, imputing income is somewhat simple. The Court will likely use the existing hourly rate and multiply it by the number of hours the party should be working.
If a party is unemployed, or under employed, it is more complicated to determine what their income should be. The party requesting that the other be imputed with income will likely provide information, like previous wages or work history, as to what they believe the other party’s income should be. If there is no previous work history to pull from, because a new degree has just been obtained, or a party stayed home to care for children who are now school aged, the party seeking imputation may choose to hire a vocational evaluator.
A vocational evaluator will prepare a report based on the person’s health, age, qualifications, the market rate, and other factors, that indicate what they believe to be the person’s earning capacity. The Court may rely on the vocational evaluator’s representation in determining what income to impute to a party, but they are not required to take the information as true. Further, it is possible to have competing vocational evaluations. In that case, the Court will weigh the evidence and decide on a number they feel is appropriate.