Family law: support orders.

(1) Existing law authorizes the court, in a proceeding for dissolution of marriage or for legal separation of the parties, to order a party to submit to an examination by a vocational training counselor to assess the party's ability to obtain certain employment, as specified. Existing law requires a vocational training counselor performing these examinations to possess specific educational and professional experiences, including, among other qualifications, a master's degree in the behavioral sciences. This bill would modify the required qualification to serve as a vocational training counselor by allowing, in the alternative to the master's degree, a vocational training counselor to possess another postgraduate degree that the court finds provides sufficient training to perform a vocational evaluation. (2) Existing law requires a court, in a proceeding for court-ordered child support, to follow the statewide uniform guideline to determine the amount of child support to order, unless special circumstances exist. Existing law also requires a court to adhere to certain principles in these proceedings, including, among others, that each parent should pay for the support of the children according to his or her ability. Existing law defines the annual gross income of the parent for purposes of the statewide uniform guideline, and authorizes the court, in its discretion, to consider the earning capacity of a parent in lieu of the parent's income, consistent with the best interests of the children. This bill would specify that a court may, in exercising its discretion to consider the earning capacity of the parent as described above, take into consideration the overall welfare and developmental needs of the children, and the time that parent spends with the children.