Generally, no. A Forensic Accountant works as a team with an attorney in preparing your case and providing the best possible solution to your problems.
No. That’s the attorney’s job. A Forensic Accountant is an advocate for his or her opinion, an opinion that is based upon experience, documentation and a knowledge of Forensic Accounting.
An expert witness testifies as to an opinion that, according to Evidence Code §801 states: is “a) related to a subject that is sufficiently beyond common experience that the opinion of an expert would assist the trier of fact; and b) based on matter (including his special knowledge, skill, experience, training and education) perceived by or personally known to the witness or made known to him at or before the hearing, whether or not admissible, that is of a type that reasonably may be relied upon by an expert in forming an opinion upon the subject to which his testimony relates, unless an expert is precluded by law from using such matter as a basis for his opinion.”
Ideally, the accountant should be hired as early in the case as possible. One of the first hearings in most dissolution cases is a Request for Order hearing for temporary support. Your accountant can assist in preparation for this hearing. The resulting support orders can set the stage for the remainder of the case.
No expert witness may give testimony in California courts for a contingent fee.
California Family Law Code §760 defines community property as “except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property.”
California Family Law Code §770 defines separate property of a married person as:
- All property owned by the person before marriage.
- All property acquired by the person during or after marriage by gift, bequest, devise or descent.
- The rents, issues, and profits of the property described in this section.
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