Voluntary Unemployment and Underemployment in Spousal Maintenance and Child Support

Are you involved in a Colorado spousal maintenance or child support case? An experienced Colorado Springs divorce and child custody lawyer can guide you through the legal process and assist you in exploring your options. You have one bite at the apple in the court system so make it count.

There are times where a party’s income for maintenance purposes is calculated based on potential income rather than actual income. Appropriate employment refers to employment that is suited to a particular individual based on skills, education and abilities and past practice during the marriage. A spouse is not expected to accept any attainable employment if it is not reasonably suited to that spouse.

If a party is unemployed or underemployed, maintenance may be calculated based upon potential income, unless that spouse is physically or mentally incapacitated, caring for the parties’ child under age two and a half, or incarcerated for at least one year. Disability is usually determined by a social security disability rating. Some veterans will argue that a veteran’s disability rating should demonstrate an inability to work, however the purpose of a veteran’s disability rating differs from that of a social security disability rating. A social security disability rating demonstrates a permanent and total employment disability, whereas a veteran’s disability rating is intended to compensate a veteran for medical conditions incident to military service. Additionally, the fact that a person has lost employment, in and of itself, is not considered to be misconduct. A court evaluates attempts to obtain employment after losing the position.

Also, a spouse will not be considered underemployed if he or she is participating in an educational or vocational program intended to result in a higher income and the court determines that the employment or education in question is “a good faith career choice.” However, a party may be considered to be underemployed if the career change is not reasonable based on the party’s age, health or prior education and employment. Thus whether an educational or vocational program constitutes a “good faith career change” is highly fact-dependent.

A vocational evaluator can be of great assistance in unemployment or underemployment matters. Vocational evaluation is a specialized field and all local markets offer different employment opportunities. The evaluator can offer a professional and specialized opinion on what a person can earn in a local market based on their specific educational and employment background. This is much more useful in court then a spouse’s personal and often self-interested belief of what their spouse can earn.

Turning Change Into Opportunity in Colorado Springs, Colorado Divorce and Child Custody

A highly knowledgeable and experienced Colorado Springs divorce and child custody lawyer can guide you through Colorado Springs divorce and child custody matters by negotiating, mediating and litigating on your behalf. You can focus on moving to a better future instead of spending your time attempting to navigate complex legal rules and procedures.

Sabra Janko from Janko Family Law has more than 20 years of legal experience and has written “the book” on Colorado divorce and family law – “Colorado Family Law With Forms”, published by LexisNexis, which you can find at . Contact us at 719-344-5523 or complete our online scheduling request for a free 30-minute informational consultation. We also offer paid advice sessions for a more in-depth analysis of your case.