Using Experts in a Family Law Case

Welcome to the Ayo & Iken legal roundtable. We tackle the toughest legal issues with down-to-earth commentary you can use from our expert panel of attorneys which spans the entire State of Florida.

In this edition, I will be discussing the essential use of experts in family law cases. They aid in telling our client’s story to a judge so this is a must read. There are a myriad of circumstances where hard facts are essential and must be presented in court by experts regarding numerous issues including childcare, finances, employment, and mental health.

I have discussed with our attorneys some of the circumstances people may face as they traverse the world of using experts in family law. I chatted with Ayo & Iken Tampa Attorney and Partner Jeana Vogel; Tampa Attorney Jeremy Simons; Partner and Attorney Alberto Ayo, Partner and Attorney Howard Ellzey, St. Petersburg Attorney Claudia Blackwell; Orlando Attorney Jason Ponder; and Attorney Michael McGinn. Here is what we discussed:

With issues concerning children so prevalent in family law cases, are there experts who can be utilized in that arena?

That is an area where experts can perhaps be the most important. There are numerous areas of expertise when it comes to children. The use of a guardian ad litem – who is appointed by the court to do an independent evaluation of a child’s home life – may be the most essential. The guardian reports to the court as a neutral third party determining the best interest of the child. Their investigations can include interviews of the children, parents, and other important professionals that are part of the child’s life – such as teachers. What’s great about the guardian is he or she gives the child a much-needed voice to the court. Bottom line is judges usually only see parties for maybe a few hours in any given case before making a determination on their lives and the lives of their children. These independent experts spend a lot more time with the parents and children, so they provide neutral and unbiased opinions which are highly valued by the court.

Are there other experts who may be employed to discuss children’s issues in a case?

Certainly, we often use parenting evaluators, child psychologists, and reunification specialists when children have been separated from a child. Reunification specialists are very interesting. They are ordered by the court when a person has been separated from a child for a significant amount of time. It helps the child and parent look to repair their relationship before the parent and child resume normal or regular time-sharing. A reunification specialist can help the parent and child overcome the alienation a child may have faced. They can also help a child recognize the truth versus the fictitious information that may have been provided by one parent or the other during problematic times.

I have also had cases where I have utilized a custody evaluator to determine issues concerning child time-sharing as well, which can be one of the more contentious debates in many cases. A custody evaluator can provide a report to a court regarding things like who should have majority time-sharing with a child based on a variety of factors including work schedule, finances, or lifestyle issues such as drug or alcohol problems.

Interesting point. With alcohol and drug abuse so prevalent in society, do you often see those issues in family law cases and are there experts that can be utilized in those situations?

Absolutely, unfortunately substance abuse can be a factor in some cases. We often seek evaluations from experts in cases regarding a party’s mental health or an assessment as to whether there is drug or alcohol abuse happening – especially if there are children involved. Experts can also be important in assessing when someone has made progress in recovering from past substance abuse issues and is looking to turn their life around in order to become a part of their children’s life again. Many times people think an expert is only looking to discover the bad about a person, but they can also be very important in providing a picture of the improvements people have made to their lives.

Other than children, maybe the most contentious area of family law is finances. What kinds of experts can be employed to provide the court clarity there?

Forensic accountants can be essential in many cases. For example, let’s say you own a business with your spouse and you are getting a divorce, but there is disagreement over financials concerning that business. Or, I often hear from my clients that their husband or wife is hiding money. Then it becomes a choice. Are you going to accept numbers as presented to you or are you going to get a forensic CPA to validate them through an in-depth expert examination? I think when significant assets are on the line, forensic accounting is the only way to solidly present an accurate picture.

I agree. Forensic accountants play an essential role in many cases. Family law issues can often encompass dealing with significant assets and it can be an extremely complex process of establishing what is there. It can be especially true when people are not necessarily truthful on their financial affidavits, or there are numerous accounts, corporations, investments, etc. that need tracking. Having a good forensic accountant is key to that. For example, I recently had a case where the opposition party failed to list a corporation he owned on his financial affidavit. He didn’t mention it, but we found it.

What about employment? I assume that employment status and a person’s ability to work may play a role in some cases.

That can be very important. We often see that in alimony cases where someone may claim they do not have the ability, experience, or education to work. Or on the other side of the coin, someone may claim they should pay less alimony because their spouse or ex-spouse is underemployed. In those situations, it is often useful to utilize a vocational expert who can look at a person’s background and determine their ability to work and the potential market in an area for their particular skills.

Is there any mechanism for proving to the court what tangible assets might be worth in a divorce?

Property appraisers can provide important input in that respect. Often people have expensive homes, cars, art collections, and jewelry, among other possessions, which can be difficult to value. So, appraisals from property experts can aid the court in assessing what something is worth.

Are there any other experts you might use in a family law case?

In my book, I consider a good mediator to be an expert. Mediators can play such a key role in showing the way for potential hostile parties to reach an agreement where both sides can get a satisfying compromise. They are essential because people often do not realize that if they take their case in front of a judge, it is likely both sides will come away unhappy. I had a case recently that went to mediation where I thought it had absolutely no chance of settling. But we had a tremendous mediator and ended up settling visitation for the children and reaching a total settlement of the case. Mediators expertise is really important because they have no stake in the case. A good mediator is not afraid to push both sides to compromise. When a person’s demands are just ridiculous or out of bounds a good mediator will say that to someone.

Michael, you are a Florida Supreme Court certified mediator. Do you believe in a mediator’s expertise possibly being key in a family law case?

Mediators are incredibly important and a good one can make all the difference in the world. It is a mediator’s job to take one person from one side of the spectrum, take another person from the other side of the spectrum, and bring them somewhere toward the middle. Good mediators do that on a regular basis.

So, with experts obviously important to family law, when do you decide to bring one into a case?

It is a serious discussion we have with our clients because experts cost money. It must be determined what is in the best interest of the client, as every situation is different. Experts can be essential but it must be thoroughly examined as to whether using an expert is going to improve a client’s standing with the court. That is paramount because more often than not a judge is going to take an expert’s testimony very seriously.

I think every situation is different so planning for experts should be taken on a case-by-case basis. I think it is really important to cater every expert used in a case to the needs of the client. Every effort should be made to provide to the court the most elaborate picture possible in order to obtain the best outcome for a client.

Thank you everyone! It is always great to have so much expertise in a discussion group.