KW Economics prepares rebuttal analysis for divorce and marital dissolution matters venued in Georgia: the income, valuation, and tracing questions the matter raises, the records that answer them, and a presentation built to the way Georgia courts decide them. Either party.
In a divorce the opposing financial analysis is tested on the business valuation, the income determination, and any tracing. The economist checks the valuation date and standard against the framework, the normalizing adjustments for owner compensation and personal expenses against the records, the treatment of personal and enterprise goodwill, whether the income available for support includes the cash flow the business records show beyond reported salary, and whether the tracing follows the funds through each account or assumes a result where the records end. Each finding is ranked by its effect so counsel can concentrate on the assumptions that carry the number.
Critique of an opposing economic damages, valuation, or forensic accounting report for plaintiff or defense counsel. The review tests the assumptions, data sources, discount rates, worklife and life expectancy inputs, growth rates, mitigation treatment, and arithmetic behind the opposing number, identifies the errors that matter, and quantifies how the conclusion changes when they are corrected. The result supports cross-examination, a rebuttal report, or a motion directed at the reliability of the opinion.
The business valuation is usually the largest and most contested figure in the marital estate, and the valuation date, the standard of value, the treatment of personal and enterprise goodwill, and the normalization of owner compensation each move it materially. Income available for support for a self-employed spouse can differ substantially from the reported figure once personal expenses paid by the business and cash flow retained in it are considered, and the owner compensation adjustment has to be carried consistently into the valuation and the income determination, because the same stream of earnings appears in both. Tracing outcomes depend on the completeness of the account records and on how the governing framework, whether equitable distribution or community property, treats commingled funds and the appreciation of separate assets during the marriage.
Georgia trial courts act as gatekeepers in civil cases and ask whether the economist is qualified by training and experience, whether the method has been tested and accepted in the profession, and whether it was applied reliably to the facts. An economic damages report meets that inquiry by stating its assumptions and naming the data series behind each one.
Highest court: Supreme Court of Georgia. Court system: gasupreme.us.
Federal venues: Northern District of Georgia, Middle District of Georgia, Southern District of Georgia.
Whether Georgia divides marital property equitably or as community property, which valuation date applies, how income available for support is defined, and how the goodwill of a professional practice is treated are questions of law that counsel confirms; the report presents each finding so it can be applied under either party's position.
We issue a rebuttal report where one is disclosed and provide deposition and trial testimony, cross-examination outlines, and support for motions directed at the opinion.
The same four steps apply to a divorce and marital dissolution matter venued in Georgia; the governing framework in Georgia decides how each finding is applied. Normalize the business's cash flow for owner compensation, personal expenses paid through the business, related-party dealings, and non-recurring items, listing each adjustment with its source. Value the business or practice as of the date the governing framework requires, under the income, market, and asset approaches as the facts support, and address personal and enterprise goodwill where the framework distinguishes them. Determine each spouse's income available for support from the same normalized statements, including distributions, perquisites, and cash flow retained in the business beyond reported salary. Trace separate property through the account statements step by step, classify commingled funds under the framework counsel identifies, and reduce pensions and deferred compensation to present value with the assumptions stated.
Georgia trial courts act as gatekeepers in civil cases and ask whether the economist is qualified by training and experience, whether the method has been tested and accepted in the profession, and whether it was applied reliably to the facts. An economic damages report meets that inquiry by stating its assumptions and naming the data series behind each one. Divorce and Marital Dissolution cases venued in Georgia are heard in the Superior Court (General jurisdiction; civil cases, felonies, domestic relations, equity) and the State Court (Civil actions regardless of amount except those reserved to the superior court, misdemeanors), with final appeals to the Supreme Court of Georgia. Matters within federal jurisdiction proceed in the Northern District of Georgia, Middle District of Georgia, and Southern District of Georgia.
Whether Georgia divides marital property equitably or as community property, which valuation date applies, how income available for support is defined, and how the goodwill of a professional practice is treated are questions of law that counsel confirms; the report presents each finding so it can be applied under either party's position. The report presents past and future amounts separately, states every rate and table with its source, and shows the result under the alternatives the other side is likely to argue, so counsel can apply the Georgia rules to a documented figure.
Request a consultation on Rebuttal or call (201) 343-0700. Plaintiff and defense counsel.