Matrimonial Engagement Process
A matrimonial vocational engagement proceeds in six steps, from engagement and conflict check to testimony. Counsel opens it by settling scope, conflicts and the retainer in writing and by stating whether the assignment covers one party or both, since that decides the records, the interview and the labor market work. The vocational interview and testing come when appropriate, and the analysis describes what the party could realistically earn; whether income is imputed is the court's determination.
Engagement process
- Engagement and conflict check: We confirm scope and conflicts, establish the retainer, and clarify whether the assignment covers one or both parties.
- Records review: We review education, employment, and financial records relevant to vocational capacity and earning potential.
- Vocational interview and testing: When appropriate, we conduct a vocational interview and administer standardized testing to document skills, education, and work history.
- Labor market and earning capacity analysis: We complete a labor market survey and earning capacity analysis for the relevant geographic area.
- Report: We document the methodology and opinions in a written report suitable for alimony and equitable distribution determinations.
- Testimony: We provide deposition and trial testimony as needed.
Questions about matrimonial engagement process
What happens first in a matrimonial vocational engagement?
The engagement agreement: scope, the conflict check and the retainer are fixed in writing, and the assignment is defined as one party or both and as employability, earning capacity or both questions. Because the assessment is a vocational opinion for a support or equitable distribution proceeding, the court schedule and case management deadlines are written in at the same time so the report lands before the hearing it serves.
What records does KWVRS need to begin a matrimonial vocational assessment?
Education, employment and financial records that bear on vocational capacity and earning history: transcripts and certifications, the work history with dates and duties, and the earnings record. Medical documentation of any restriction the party claims, since restrictions are applied rather than assumed. And the procedural facts: which party is assessed, and the court schedule and case management deadlines the report must meet.
Is an interview always part of a matrimonial vocational engagement?
No. The vocational interview and standardized testing are scheduled when appropriate, typically when the party's skill currency, education or work history cannot be documented from the records alone, or when the case turns on re-entry after time out of the workforce. The in-person versus file review comparison sets out when a records-only assessment is adequate, and the choice is made at scoping.
What does KWVRS deliver at the end of a matrimonial vocational engagement?
A written report on employability, the occupations realistically open to the party, whether openings exist, the wages those occupations pay, and where relevant the retraining path and the timeline to full earning capacity, documented for alimony and equitable distribution determinations. The report states what the party could earn; it does not predict whether the court will impute income or at what figure, which is the court's determination.
Can a matrimonial vocational engagement address underemployment as well as employability?
Yes, and overemployment claims on the same terms. The underemployment question asks whether current earnings fall below what the party's vocational profile supports in the local labor market, answered with the wage range of the occupations identified and evidence that openings exist. The return to work and retraining questions follow the same method, and the same analysis serves the party asserting the claim and the party contesting it.
Who at KWVRS prepares a matrimonial vocational assessment?
The vocational discipline, led by Matthew Putts, the Chief of Vocational Services, a licensed professional counselor and certified rehabilitation counselor. A matrimonial assessment is a vocational evaluation applied to prospective earning capacity for support purposes rather than to the effect of an injury, so it uses the same labor market data and methodology as a personal injury evaluation, and the expert who prepares it testifies on it.
Related reading
Ready to Get Started on matrimonial engagements?
Contact KWVRS to discuss scope, timing, and the deliverables appropriate to the matter. Plaintiff and defense.