himself at the marital standard of 4331, subd. (a).) And section 4331 is in a living.” (§ chapter of the Family Code or Legal entitled “Spousal Support Upon Dissolution this suggests that there can be good cause for a vocational Separation.” Taken together, examination under section 4331 only if the examination is relevant to a determination of spousal support. Put another way, if support is not at issue, there is no need for the inquiry that a vocational examination is intended to address, and no to “good cause” order one. A leading practical treatise apparently takes a similar view, reasoning that absent a definition of good cause, showing that the spouse seeking support or the “any spouse contesting a support award (as the case may be) is capable of working but is unemployed or will to justify a vocational examination. underemployed suffice” (Hogoboom et al. Cal. Practice Guide: Family Law (The Rutter Group 2016) ¶ 6:846, p. 6-429.) Here, there was no pending motion for support and no good cause to order a vocational examination. Stupp requested the order because Schilders appealed the “has support orders, including the imputation [to her] of Stupp argued that after an income.” examination, will report back to the court with an opinion as to what if any is “the expert her ability to earn in the outside world and where the opportunity exists for her to earn This kind of report may be important when there is a controversy before the family that.” court as to support, but there was no such controversy at the time the order was made. The mere fact that support orders have been appealed does not justify ordering a vocational examination. After all, the support orders may be affirmed on appeal, as they were in this case. (Stupp (Mar. 25, 2016, A142302) [nonpub. opn.] pp. v. Schilders Our interpretation of in section 4331 and our conclusion that there “good cause” was not good cause here are consistent with the general provisions in the Family Code for postjudgment discovery in connection with support. Division 9 of the Family Code, which includes section 4331 in Part 3, also includes a group of statutes that permit limited postjudgment discovery before commencing a proceeding to modify or terminate an
himself at the marital standard of living.” (§ 4331, subd. (a).) And section 4331 is in a chapter of the Family Code entitled “Spousal Support Upon Dissolution or Legal Separation.” Taken together, this suggests that there can be good cause for a vocational examination under section 4331 only if the examination is relevant to a determination of spousal support. Put another way, if support is not at issue, there is no need for the inquiry that a vocational examination is intended to address, and no “good cause” to order one. A leading practical treatise apparently takes a similar view, reasoning that absent a definition of good cause, “any showing that the spouse seeking support or the spouse contesting a support award (as the case may be) is capable of working but is unemployed or underemployed will suffice” to justify a vocational examination. (Hogoboom et al. Cal. Practice Guide: Family Law (The Rutter Group 2016) ¶ 6:846, p. 6-429.) Here, there was no pending motion for support and no good cause to order a vocational examination. Stupp requested the order because Schilders “has appealed the support orders, including the imputation [to her] of income.” Stupp argued that after an examination, “the expert will report back to the court with an opinion as to what if any is her ability to earn in the outside world and where the opportunity exists for her to earn that.” This kind of report may be important when there is a controversy before the family court as to support, but there was no such controversy at the time the order was made. The mere fact that support orders have been appealed does not justify ordering a vocational examination. After all, the support orders may be affirmed on appeal, as they were in this case. (Stupp v. Schilders (Mar. 25, 2016, A142302) [nonpub. opn.] pp. Our interpretation of “good cause” in section 4331 and our conclusion that there was not good cause here are consistent with the general provisions in the Family Code for postjudgment discovery in connection with support. Division 9 of the Family Code, which includes section 4331 in Part 3, also includes a group of statutes that permit limited postjudgment discovery before commencing a proceeding to modify or terminate an
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