By David L. Duff of Duff & Kronfeld, P.C. posted in Family Law on Wednesday, June 22, 2016.
No spouse enjoys being required to pay monthly spousal support to the other spouse. The inevitable claim is that the recipient spouse is either voluntarily unemployed or under-employed. In other words, the recipient spouse is intentionally not getting a job, or not earning to his/her capability, thereby requiring the employed spouse to pay an unreasonably large amount of support.
Virginia law does provide same potential relief for the payor spouse, by allowing him/her to hire a vocational consultant expert for the purpose of imputing a reasonable amount of income to the other spouse. The vocational expert will interview the recipient spouse to learn about his/her education and past work experience; will consult various reference materials to determine the availability of jobs in your geographical area, for which the recipient spouse is qualified; and, will render an expert opinion as to the salary that the recipient spouse could earn from such jobs.
In this way, regardless of whether or not a spouse is voluntarily unemployed or under-employed, he/she can be charged (imputed) with an amount of income that could be earned, when the judge establishes the appropriate amount of support.
If you require assistance on matters involving support, whether you are the paying spouse, or the receiving spouse, call one of the attorneys at The Duff Law Firm for a complimentary 30-minute consultation (703) 591-7475.