Randall A. Smith

2709, 2013

Child Custody – Best Interest Factors – Minnesota

September 27, 2013|

In Minnesota divorce and family law cases, evaluating child custody, at times, can be a very complex process.  Minnesota Courts use the child's best interests as the guiding principle when determining child custody (there are 13 different statutory best interest factors and 1 case law imposed best interest factor, which [...]

1709, 2013

Top Minnesota Divorce Issue – Tracing Non-Marital Property

September 17, 2013|

It is quite common for one spouse to own assets or property (Real Estate, Retirement Account, Pension, Investment Account, etc.) that is non-marital, either in part, or in whole.  If an asset is both marital and non-marital, it is generally necessary to perform a non-marital tracing of the asset, performed [...]

1109, 2013

Top Reasons To Use An Actuary in a Minnesota Divorce

September 11, 2013|

In a Minnesota Divorce case, the most frequent reasons to use an Actuary are 1) to determine the present value calculation of an asset, such as a pension; 2) to perform calculations related to non-marital claims, and 3) to run financial projections and scenarios based on risk and other assumptions.  [...]

909, 2013

Top Minnesota Child Custody Questions – Family Law

September 9, 2013|

During a Minnesota Family Law case, the 3 most frequent questions regarding child custody are (1) What is legal custody ? (2) What is physical custody ? and (3) Do most parents share legal and physical custody?  Legal custody refers to the right to make decisions about how to raise [...]

1608, 2013

Top Reasons To Use A CPA During A Divorce

August 16, 2013|

The primary reasons to use a CPA during a Divorce includes: 1) to determine the present value of certain assets; 2) to perform non-marital tracing of retirement account assets such as a 401k or 403b, and 3) to prepare cash flow and tax scenarios.  Present value calculations can be difficult, [...]

2607, 2013

Family Law Top 3 SENE Issues – Child Custody

July 26, 2013|

Social Early Neutral Evaluation (SENE) addresses Family Law issues involving a child or children.  The 3 most important issues addressed during a typical SENE include 1) Physical Custody 2) Legal Custody 3) Parenting Time.  In Hennepin County, and throughout the Twin Cities, SENE cases are usually handled by a team [...]

1907, 2013

Minnesota Divorce – Top 5 FENE Issues – Financial

July 19, 2013|

A Financial Early Neutral Evaluation, or FENE, is quite common during a Minnesota Divorce Case.  Top issues during a FENE include 1) whether non-marital assets exist and need to be traced  2) the valuation of assets 3) property and asset division  4) spousal maintenance issues  5) debt division.  An Actuary, [...]

1207, 2013

Minnesota Divorce – Marital and Non-Marital Property

July 12, 2013|

In many Minnesota Divorce cases, a spouse owns property that may be non-marital, either in part or in whole.  Property can be both marital and non-marital (for example: a house, a cabin, retirement accounts or business assets).  If an asset is both marital and non-marital, it may be necessary for a CPA, Actuary [...]

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