While many people have a basic idea of what the divorce process looks like in the broad sense, one common aspect of a divorce with which many people are unfamiliar involves the use of experts. Our New Mexico Family Lawyers exercise prudence when considering the benefits of utilizing an expert to ensure that the cost is justified by the potential financial or custody advantages. When experts are used in a divorce, they can have a dramatic impact on the resolution of issues like parenting plans, joint custody, alimony awards, value of marital assets, and a range of other matters. Since the majority of those involved in a divorce are not even aware that experts are routinely used in family court, we have provided a quick overview of the function of the most common types of experts involved in a New Mexico dissolution of marriage proceeding.
Child Custody Evaluators:
This type of expert will generally be a mental health professional who has experience working with children and families. Although the parties sometimes agree to the use of such an expert, judges often decide on their own to appoint a child custody evaluator when the parties cannot reach an agreement on a parenting plan and custody arrangements. The custody evaluator will interview both parents, talk to the children, obtain school records and gather other evidence in order to recommend a parenting timeshare plan that is in the best interest of the children. Judges routinely follow these recommendations verbatim so it is important to obtain legal guidance so that you are prepared for your interview and know what information and evidence to furnish to the custody evaluator. If the conclusions of the evaluator or proposed timeshare is not to your liking, our New Mexico Child Custody Lawyers may request a trial and cross-examine the expert in an attempt to prevent the recommendations from being adopted and implemented.
Forensic Accountants:
These economic experts may serve a variety of functions during a divorce. They can help determine the value of a closely held family business or professional practice. These types of businesses can present challenges in terms of estimating their worth based on the value of assets, goodwill, inventory, cash flow, and other factors. A forensic accountant can help determine what the business is worth so that the community property interest in the business can be divided between the parties. A forensic accountant may also provide assistance in evaluating other hard to value assets like antiques, the present value of a retirement account, stock options, and other difficult to value assets. This type of expert also may be used to draft a Qualified Domestic Relations Order (QDRO) for purposes of dividing the interests in a retirement account.
Vocational Evaluators:
The income of both spouses is important when a New Mexico family law judge is determining alimony and child support. Sometimes a party will work below one’s earning capacity, or there will be questions about the earning capacity of a spouse who is not currently employed. Because the court has the authority to consider the potential earning ability of each spouse as opposed to actual income, a vocational expert may be used to assess the earning potential of each spouse.
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The above information is provided to illustrate general principles of law and should not be interpreted as a specific legal opinion on an individual case. You should contact experienced legal counsel to get specific legal advice that is based upon your specific circumstances.
If you have questions about the New Mexico divorce process, we invite you to talk to our New Mexico matrimonial attorneys. Jay Goodman & Associates offers a free consultation in our centrally located offices in Santa Fe and Albuquerque so that we can discuss your situation and answer your questions. Call us today to schedule your free consultation at (505) 989-8117 to learn about your rights and options.
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