Program: Matrimonial Litigation Support Workshop
Program Sponsor: Consultants’ Training Institute
Focus:
This five-day Matrimonial Litigation Support Workshop will provide participants with all the foundation and knowledge to practice in this unique niche of litigation support accounting. Learn up-to-date information for matrimonial litigation as well as settlement strategies in this forever-evolving, dynamic area of specialization for CPAs and litigation consulting professionals. Fundamentals cover the entire process of matrimonial litigation support, including finding assets, valuing assets, and distribution of assets. Covered within this arena are forensic techniques to find the money and assets, valuation of marital assets including closely held business and stock options, taxes for divorce and distribution, asset distribution, and practice management and marketing. This is a hands-on program that will supply attendees with the tools and procedures for performing a matrimonial litigation support engagement.
Details:
What You Will Learn
The workshop will begin with an overview of the litigation process and continue with the latest divorce case law, theories of value, and professional/personal goodwill in the divorce context. Equitable distribution versus community property issues will be addressed. A full day will be devoted to forensics, including income reconstruction, hidden assets, and fraud detection techniques. Tax matters covered include QDROs, recapture rules, and innocent spouse issues. Also addressed will be the valuation of passive investment holdings and FLPs, Daubert challenges, preparing for trial, document management, complying and abiding with ethical and professional standards, buy-sell agreements, and covenants not to compete. The workshop will also include the advisor’s role in divorce Alternate Dispute Resolution (ADR). After completion of the workshop and the exam on Saturday, the participant will need only to complete the three-day Forensics Workshop for Financial Professionals to fulfill the training requirement for the CFFA designation.
Daily Schedule Days 1 & 2
Day 1—Overview of Matrimonial Litigation
This is an optional day designed for those with ten or fewer matrimonial cases under their belts. It provides an overview of the unique context in which this work takes place, i.e., a Family Court setting. Participants will learn the role of an expert witness and the many areas besides business valuation that often need our support and expertise. A basic introduction to alimony and property distribution concepts will be taught, as well as the underlying “theory” behind those laws. Participants will also learn the basic “language” of the legal setting, e.g., the definition and purpose of discovery, interrogatories, depositions, direct examination, cross examination, etc. After Day 1, participants should feel comfortable about the environment in which they will be working and the various roles they may play.
Day 2—Forensic Accounting in Matrimonial Cases
“Show me the money!” Participants will learn what forensic accountants offer in divorce cases. You will learn how to get started in this lucrative area, including developing your work plan and documenting your analysis, including reports and declarations. Participants will learn how to provide analysis in the following areas: income available for support, tracing of separate and community property, analysis of lifestyle of the parties or children, and financial issues in high net worth cases. After attending Day 2, you’ll be able to make sense of the “big box” of documents that the attorney drops on your desk.
Daily Schedule Days 3 & 4
Day 3—Valuation and Appraisal Issues Unique to Matrimonial Engagements
Participants will learn how to apply business values, stock options, real estate values, and other appraisal issues in the family law setting. Participants will also learn the difference between enterprise goodwill and personal goodwill. This course will teach you how to successfully navigate a multitude of valuation issues common to divorce litigation.
Day 4—Divorce Taxation Distribution and Considerations
Participants will learn how tax considerations affect marital property distributions. This course will also provide participants an overview of community property vs. equitable distribution issues. Learn the mistakes experts make in matrimonial litigation and how to avoid them. This course will give you an understanding of how property in marital litigation is distributed, the tax considerations of distribution, and how to avoid common mistakes.
Daily Schedule Day 5
Day 5—Matrimonial Litigation Support Practice Management
This session is designed to provide the practitioner new to the area of Matrimonial Litigation Support with the foundation and tools necessary to practice successfully in this area. It will also provide more seasoned practitioners with pearls they can take home and incorporate in their own practices. Learn how to manage your practice—soup to nuts—including systems, conflict check, engagement contract, receivables management, document management, report writing, marketing, professional education, professional certifications, and malpractice risk. You will also learn how to comply with the new AICPA Statement on Standards for Valuation Services (SSVS) both in report writing and in your engagement contracts.
Who Should Attend
This program is ideally suited for CPAs with some business valuation training and less than three years of matrimonial litigation experience. This is a great course for staff or senior level accountants, or for practitioners who are new to the matrimonial area.
NASBA Sponsorship
IBA and NACVA are registered with the National Association of State Boards of Accountancy (NASBA), as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors, 150 Fourth Avenue North, Suite 700, Nashville, TN 37219-2417. Web site: http://www.nasba.org.
