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Can I request that the other parent undergo a vocational evaluation in a post-judgment proceeding without also requesting a modification in either child or spousal support?

In the highly contentious case of Stupp & Schilders, the First District reversed a San Mateo County trial court’s order requiring W to undergo a vocational evaluation even though there was no pending support motion “and no good cause to order a vocational evaluation. It held that “where there was no support-related motion pending there was no good cause to order a post-judgment vocational examination under section 4331.”

The take away rule from the Stupp vs. Schilder case is, if you are requesting a post-judgment vocational evaluation of the other parent due to their alleged under-employment, it is imperative that you also file a request for modification of either Spousal or Child Support as well.

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