Employability Experts:

What to expect when one party is unemployed or underemployed

New Jersey law requires the Court to evaluate each party’s earning abilities to determine the proper income to impute for alimony and child support purposes. Income issues often arise if one parent is a stay at home parent or if a party is underemployed, refusing to earn a living commensurate with his or her capabilities. In the event someone is not working, the Court can impute income to that party. Of course, the cost of childcare is offset to replace the care provided by the stay at home parent if that is the case.

Hiring an employability expert is an effective method utilized to assess the unemployed party’s income capabilities. Reputable experts will meet with the subject to obtain information about his or her past employment history. Some experts may also ask the party to complete performance tests.  The expert may research trends in connection with job availability and wages for a particular field.  Once the expert completes his research, he will render a report complete with his findings.

It is important to note that a major drawback with hiring an employability expert is that there is no guarantee a Court will accept the expert’s findings. Refrain from mistakenly regarding the expert’s result as a stipulated fact between the parties or that the Court will take judicial notice of the results.  Indeed, the employability report is only one factor, or suggestion, of many the Court may (or may not) consider.

Despite the drawbacks, there are many benefits to hiring an employability expert and you have the right to seek the assistance of said expert if you preserve that right. Contact an attorney at Iandoli & Edens, LLC for more information. 908.879.9499.

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