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The firm provides the following forensic accounting and
litigation support services in regard to marital dissolutions:
- Business and professional practice valuations.
- Support issues and determination of income available for support.
- Lifestyle analyses to determine the spending patterns of petitioners
and respondents in marital dissolution cases.
- Litigation support to attorneys.
- Tax issues in regard to support and property settlement and filing
tax returns during the period of dissolution.
- Tracing issues in regard to claims and reimbursements.
- Characterization and apportionment of community and separate property.
- Calculation of interest on support in arrears.
- Present value computations on alimony for lump sum buyouts.
- Valuation of stock options and other financial issues in divorce.
- Moore/Marsden – community property interest in separate property
We can provide the above services for a variety of engagements,
from being retained by one party to neutral accounting services.
We have seen an increase in the use of joint forensic accountants
or neutral accountants. The courts are using 730 Stips for joint neutral
forensic accountants and as joint experts in mediation and collaborative
law settings. Even in some litigation situations, we are retained by both
attorneys to be a neutral accountant.
The concept of a joint forensic expert centers on the utilization
of a member of our firm by representatives of both petitioner and respondent
in order to accumulate all factual financial information and documentation
in an objective and independent basis, then report our findings and opinions
simultaneously to respective counsels or court.
Essentially, this service can be utilized by attorneys
and clients who are seeking full disclosure of financial information in
a fair and equitable division of the community estate.
This service cannot be rendered where
discord exists or where special benefits are being sought, as between
the attorneys or their respective clients.
Our prior success in such engagements has been predicated
upon:
- The receipt of a definitive scope of engagement agreed upon by respective
legal counsel. The scope of our engagement encompasses not only the
type of services that we are rendering, such as valuation or spousal
support calculation, but also describes the extent and limitations of
the work.
- The receipt of all reasonable information and or documentation requested
by us in a timely manner.
- The opportunity to meet and interview each of the clients.
- The right of respective legal counsel to meet jointly with us to examine
the underlying records relative to our findings, under oath when deemed
proper.
ADVANTAGES OF JOINT FORENSIC
EXPERT
- We are more receptive to engagements which allow us to practice our
profession on the basis of independence and objectivity.
- The costs for accounting experts are materially reduced by the avoidance
of duplicate effort.
- Orders relative to production of documents and depositions are materially
reduced.
- Our findings are concurrently delivered to respective legal counsel.
- The interpretation, findings, or opinions are left to the attorneys.
- Our experience with principals engaged in marital dissolution indicates
a desire on the part of such principals to utilize accountants in this
role.
NORMAL ENGAGEMENTS FOR JOINT
EXPERT
- Business and professional practice valuations at date(s) requested.
- Prepare a post separation period of accounting and Epstein Credits.
- Assist in fair and equitable division of the community property estate.
- Assist in minimizing tax effects.
- Assist in asserting net spendable income for purpose of spousal support.
- Assist in the characterization and apportionment of community and
separate property.
If both attorneys agree to restrict the scope of our services
to certain agreed upon procedures regarding a business or professional
valuation, our reporting would, of course, indicate this restriction.
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