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CHILD SUPPORT ANALYSIS AND EXPERT TESTIMONY

Child support economic issues vary by case and Rogers Economics has experience in a wide range of types of cases.

Mark Rogers has testified in cases nationally and more than a dozen states including Florida, Georgia, Indiana, Maryland, Michigan, Minnesota, Missouri, New Hampshire, New Mexico, North Carolina, Ohio, Texas, Virginia, Wisconsin, and Wyoming.

 

Rogers has consulted on child cost issues for clients in Alabama, Florida, Georgia, Illinois, Indiana, Kentucky, Maryland, Michigan, Minnesota, Missouri, Montana, Nebraska, New Hampshire, New Mexico, New York, North Carolina, Ohio, Tennessee, Texas, Virginia, Washington State, Wisconsin, and Wyoming.

 

Rogers has assisted both custodial and noncustodial parents.  Click here for his CV as related to child support analysis.

 

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General Facets of Analysis

 

Every case is different but many facets of economic analysis are typically needed for all cases.  These include:

 

v Pulling together initial information on the case to help form the “big picture” for the client, and attorney, and the expert witness.  This is the start of forming a strategy for court.

 

v Assisting with completion of standard financial documents such as financial affidavits and child support worksheets.  Rogers gives extra attention to helping ensure consistency between various financial documents submitted to opposing counsel and the court.

 

v Reviewing case facts to see if “deviations” from the presumptive award are appropriate—including for either custodial parent or noncustodial parent clients.

 

v Developing economic exhibits to support arguments for deviations from the presumptive award.

 

v Reviewing past case files for legal arguments and briefs that may be of use to the current client’s attorney to bolster the case.

 

v Reviewing opposing party documents to provide potential insight for arguments or critique by client’s attorney.

 

 

Presumptive Awards and Deviation Awards

 

All states are required by federal regulations (to obtain monies from federal child support programs) to have presumptive but rebuttable child support guidelines.  Presumptive awards are based on state formulas as a required starting point for a court award on child support for a given case.  However, each party can argue for a rebuttal or deviation award based on each case’s specific circumstances.

 

Click here for a memo on rebuttal and deviation awards and how these issues can affect your case.

 

High Income Cases

 

Rogers Economics specializes in analysis and exhibits for high income cases. Rogers Economics has provided expert support for both custodial and noncustodial parents in high income cases. Recent appellate opinion has made high income deviations more difficult to obtain in Georgia, requiring specific steps for the deviation.  Other states have similar requirements for high income cases.  Detailed analysis for such cases make awards more compelling.

 

Rogers has testified in high income cases for clients or other parent in a wide range of industries.  These include Major League Baseball, National Football League, National Basketball League, Wall Street, NASCAR, former White House executive, industrialists, and physicians among others.

 

v Child support guidelines for high income situations vary by state.  Some state statutes favor custodial parents and some state statutes favor noncustodial parents.

 

v In some states, there is no upper bound to the presumptive award.  That is, the guideline formula continues to be applied to income no matter how high the income is.  Such states include California, Florida, Indiana, Tennessee, and West Virginia among others.  Noncustodial parents with high income may feel that the presumptive child support award goes far beyond what is spent on the child—even for a high income standard of living.

 

v In some states, there is a presumptive ceiling on the presumptive child support award.  That is, beyond a certain level of income, higher income does not raise the child support award higher than the ceiling amount.  Such states include Georgia, New Jersey, Texas, Nevada, Washington State and many others.  Most states have ceilings for presumptive awards.  Some custodial parents may feel that the presumptive child support awards are inadequate given what is believed to be an appropriate standard of living for the child, given the high income situation.

 

v Rogers Economics specializing in bringing economic data into play for court consideration in these types of cases.  Additionally, Mark Rogers has assisted with “budget based” deviation arguments that are case specific and have been compelling in court.

 

v Even if a state’s child support guidelines favor a particular parent in a high income case, it generally is prudent to anticipate the opposing party presenting a deviation argument for a higher or lower award.  In turn, a client should be prepared to offer a counter deviation award that is reasonable and appropriate despite a state statute’s bias.  Courts often deviate higher in states with presumptive ceilings and often deviate lower in states with no presumptive cap.  The prudent approach is to be ready to assist the court with one’s own analysis of a reasonable and appropriate award.

 

Independent Review

 

Rogers Economics can provide an independent review of proposed worksheets and proposed orders. Rogers Economics has more than a decade of experience working with attorneys to ensure that proposed awards conform to statutory procedure and have appropriate exhibits to support arguments.

 

Assistance with Child Support Worksheets and Financial Affidavits

 

Georgia and other states require the filing with the court of child support worksheet and financial affidavits.  Rogers Economics can expedite completion of these documents based on streamlined and informative procedures.  Emphasis is given to documenting the basis for input into these documents for use in court when explaining the basis for the worksheet and/or financial affidavit.  Either individual clients or attorneys can benefit from these affordable services.

 

Continuing Legal Education (CLE) on Child Support

 

Rogers Economics conducts Continuing Legal Education seminars for attorneys with members of the public generally allowed to also attend.  Classes are oriented toward explaining how child support guidelines work, notably in terms of deviation strategies.  Attorneys can also appreciate the tips on how to organize material for clients and the software for simplifying daily case work.  Such software includes Excel programs for calculating deviation exhibits and domestic relations financial affidavits.

 

Seminars have been both in public venues and on an “in house” basis for specific legal firms.

 

Seminar Announcement 

 

GEORGIA CHILD SUPPORT GUIDELINES: DEVIATION STRATEGIES

& PRACTICAL APPLICATIONS

 

Tuesday Afternoon, January 24, 2017

The State Bar of Georgia Building, Atlanta, GA

 

 

Sponsored by

Rogers Economics, Inc.

Peachtree City, GA 30269

RogersEconomics.com

678-364-9105

 

4 regular CLE hours for GA attorneys

 

 

 

Economist and expert witness R. Mark Rogers shares his experience from working with clients in Georgia and over twenty other states nationally on strategies for deviating for many common deviation factors.  Emphasis is on using the new deviation Excel calculator to simplify creating exhibits and use for Schedule E.

 

Click here for the brochure and registration form.  This form also has how to obtain seminar materials.

by Rogers Economics, Inc.

 

If you would like to order updated CLE materials, click the registration form (above) and check the box for materials only.  Materials continue to be available after the seminar date.

 

This seminar on child support deviation strategies has been updated.  This course still includes a foundation for learning the Income Shares methodology.  Emphasis is on procedure to ensure passing muster with the Court.

 

Updates include: tips and documents to improve handling daily office work related to child support cases, recent appellate opinions, and expanded materials on underlying assumptions of the guidelines.  As always, a broad range of deviation strategies are covered—including for high income cases.  Materials are useful for custodial and noncustodial parents.

 

This seminar condenses key issues on making sure you comply with procedures for deviating.  Then the focus shifts to how to quickly build analysis and exhibits for your Word documents for court room arguments.  The seminar shows you how to quickly become comfortable using the seminar’s Excel software for deviation exhibits.  Strengthen your arguments and give the judge a place to hang his or her hat.

                        

The seminar additionally includes:

 

Ø  Case law from Georgia on deviating as well as from long-standing Income Shares states.

 

Ø  A check list for deviating and helping to ensure supporting exhibits are appropriate.

 

Ø  Easy to use software to simplify creating exhibits to support deviation arguments.  The updated seminar has a brand new Excel version of the deviation calculator which covers more deviation factors and is easy to use for copying and pasting exhibit tables.  The latest version covers: parenting time, life insurance, other health-related insurance, travel expenses, child care tax credits, and putting child care expenses on a reimbursement basis.  For parenting time analysis, a new feature is “what if” presumptive awards were based on selected states with presumptive parenting time formulas.  Importantly, you can copy and paste all exhibits into Word!   Minimal Excel experienced needed!

 

Ø  The latest version of the seminar has sections focusing on day-to-day maintenance of case information and analysis.

 

Ø  Additional resource materials, including an Excel version of the required financial affidavit and an Excel parenting time calculator.

 

What stands out about this seminar is that the strategies are documented—with underlying studies, statutes and case law from Georgia and other states, and apply rational methodologies.

 

Economist and expert witness R. Mark Rogers shares his experience from working with clients in Georgia and over twenty other states nationally on strategies for deviating for many common deviation factors.  Emphasis is on using the new deviation Excel calculator to simplify creating exhibits and use for Schedule E.

 

Click here for the brochure and registration form.  This form also has how to obtain seminar materials.

by Rogers Economics, Inc.

 

 

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