The employability and earning potential of the spouse seeking maintenance is often a question for expert analysis. A vocational evaluator may be utilized to help establish a spouse’s earning ability. The evaluator is knowledgeable in the relevant area’s job market. The spouse seeking maintenance would be required to meet with the evaluator for a review of job skills, potential employment, and earning capacity. The evaluator examines the party’s resume, interviews others in the same employment field, and conducts studies of labor market trends. The expert then prepares a report with recommendations and conclusions, including the income that the expert believes the party is capable of earning. When a party seeking maintenance is underemployed, and could earn more, then the vocational evaluator’s report reflects that.
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- 25-319. Spousal Maintenance; computation factors A. In a proceeding for dissolution of marriage or legal separation, or a proceeding for maintenance following dissolution of the marriage by a court that lacked personal jurisdiction over the...
- 25-327. Modification, Termination of Maintenance, Support and Property Division A. Except as otherwise provided in section 25-317, subsections F and G, the provisions of any decree respecting maintenance or support may be modified or terminated only on a showing...

