As a reminder under the TCJA and current IRC, effective for any divorce or separation instrument executed after December 31, 2018 alimony payments will no longer be deductible by the payor and alimony will be non-taxable to a recipient. However, modifications to divorce instruments executed prior to December 31, 2018, may remain deductible and includible.

Interesting fact: In general, a Massachusetts taxable gross income is defined under the Federal Internal Revenue Code as amended as of a specific date and in effect for the taxable year. Prior to this year and adopting the Internal Revenue Code amended January 1, 2022, The Massachusetts personal income tax previously followed the Internal Revenue Code as amended on January 1, 2005. This is why in the past in Massachusetts alimony remained deductible to payors and includable to recipients.

• How Will Negotiated Settlements in Complex Divorce Cases Be Impacted by the Mandated Three-Step Analysis for Determining Whether to Award Child Support or Alimony?
• How Will Family Law Judges Assess the Various Financial Issues Necessitated by the Court’s Ruling?
• What Is the Full Scope of the Contract Exception Permitting Spouses to Testify on Private Statements Concerning Potential Financial Obligations in the Context of Child Support and Alimony?
• Will Waivers of Alimony in Separation Agreements Survive Going Forward?

Topics that were covered in Marc’s presentation included:

• Non-qualified compensation plans, e.g. Stock Options
• Restricted Stock
• Performance Shares
• Appreciation Rights

Edelstein provides Financial Analysis for Litigation Support services for attorneys representing clients involved in divorce, shareholder disputes, fraud, personal injury and other types of litigation rely on our experts to provide expert technical assistance to successfully defend or bring action on behalf of their clients. Our experts perform in a variety of roles, including:

• Consultant advising on the financial facts of the case and on litigation strategy
• Expert witness to render an opinion at trial
• Mediator to assist in reaching a negotiated settlement
• Arbiter to render a decision after hearing arguments from parties to a dispute
• Special master or representative of the court in a special transaction

The agenda for this program include:

• Understanding the Engagement Including Standard of Value and Valuation Date,
• Financial Analysis and Fact Gathering,
• Valuation Approaches,
• Importance of the Valuation Date, and
• Tips to Critique a Business Valuation.

The agenda includes:

• Welcome and Introduction
• Core Financial Statements of a Business
  Balance Sheet; Income Statement; Statement of Cash Flow; Statement of Shareholders Equity / Partner’s Capital
• Deep Dive
  Depreciation; Retained Earnings; Cash v. Accrual; Accounting; Working Capital
• Key Concepts
• “Ask the Experts” Q&A Session

• When and How to Seek the Assistance of a Private Investigator, Forensic Accountant or Computer Forensics Expert,
• How You as Counsel Can Help the Private Investigator, Forensic Accountant or Computer Forensic Expert Help You, and
• How to Identify When Bank Accounts or Investment Accounts May Be Missing.

There will be two other speakers joining Marc:

1. Michael Bates, Digital Forensics Examiner and Investigator at Byte Smart Forensics
2. Martin B. Kraft, Kraft Investigations Group, LLC (KIG)

• Overview of Business Valuation and Methodology,
• Direct Examination of an Expert on Forensic Analysis of Income and Business Valuation, and
• Cross Examination of an Expert on Forensic Analysis of Income and Business Valuation.

• Identify attributes which create value to a business,
• Identify attributes correlated to a business owners efforts,
• How to distinguish when a business goes from a job to an asset,
• Why does it matter for valuation purposes, and
• If you can’t sell it, can it still be an asset?

On Tuesday, June 15, 2021, Business Valuation & Forensic Accounting Partner, Marc Bello, will be a panelist on the Greater Newburyport Bar Association’s Town Hall with Family Law Colleagues. The program will be a hybrid format and held at the Newburyport Screening Room. Topics that will potentially be addressed are:

• The Intersection of Alimony and Child Support
• How Does Imputed Normalized Compensation Impact Support
• What Is the Impact of Valuation Date—What Are the Circumstances That Justify Revising Valuation Date
• How to Decide When to Do a Business Valuation
• How to Decide What Type of ADR to Choose
• What Is the Extent & Limits of Authority for Parenting Coordinators

1. Balance Sheet
2. Income Statement
3. Cash Flow Statement
4. Owner or Shareholders Equity/Capital Accounts

Also included in this course, is how to read a personal tax return, focusing on how to calculate taxable income, identifying where to find and the meaning behind, tax credits, deductions, and the alternative minimum tax.