Reno, Nevada Family Lawyers & Divorce Attorneys - Surratt Law Blog

Reno Nevada family law attorney Kim Surratt was highlighted in a report by John Seelmeyer published an article in Northern Nevada Business Weekly on January 23, 2012 titled Divorcing couples struggle to deal with negative equity in homes.  The article highlights Mr. Seelmeyer’s interview with Kimberly Surratt about the interplay between the decline of the housing market and divorces.

Kimberly Surratt is now the host of a radio program called Family Matters in Reno, Nevada.  It is aired every Saturday morning at 7:00 a.m. on FM 102.5 and AM 1300.  In addition, it airs every Sunday night at 6:00 p.m. on FM 99.1.

Child support in Nevada is governed by NRS 125B.070 and is intended to be an “objective” standard used to calculate child support.  The obligation of support is determined by the paying parent’s “gross monthly income” and includes an amount received from “any source”.  An issue that regularly crops up is this – what is the “gross monthly income” for a parent that is self employed?

NRS 125B.070 subsection 1 states:

1. As used in this section and NRS 125B.080, unless the context otherwise requires:

(a) “Gross monthly income” means the total amount of income received each month from any source of a person who is not self-employed or the gross income from any source of a self-employed person, after deduction of all legitimate business expenses, but without deduction for personal income taxes, contributions for retirement benefits, contributions to a pension or for any other personal expenses. (Emphasis added).

It is perfectly legitimate for self-employed individuals to claim many items as part of their expenses for tax purposes.  However, that does not mean the family court will agree that everything the IRS allows as a deduction for business expense will be considered a legitimate business deduction for the specific purpose of calculating child support.  The analysis is completely different.  A self-employed business person must fill out a separate section of the mandatory Financial Disclosure Form in all divorces involving children and custody/child support matters before the court.  This is where the Nevada family court will look to see what type of deductions are being taken.  This section must be reviewed carefully.

Be aware – if you feed yourself, pay for your vehicle, cellular phone, and computers/internet access through your business, there is an argument that these expenses are not appropriate deductions that should result in a lower “gross monthly income” for the purpose of calculating child support.  If you are self-employed, and have a pending child support matter before the family court, be aware of this distinction.  If you are on the other side and the other parent is trying to claim these type of deductions and the result is then a lower “gross monthly income”, be aware of this distinction.

Mississippi’s Initiative 26 sought to define “life” at fertilization.  Mississippi vostors rejected Initiative 26 yesterday.  A yes vote was a dnager to the health and welfare of women, children and families.  The impact of a yes vote would have effected a doctors’ ability to perform in vitro fertilization, a woman’s right to medical treatement for ectopic pregnancies, and potentially cut off access to some birth control methods like IUDs.  There were potentially many other ramifications that are unknown.

In my prior post, I explained how the FBI busted a baby-selling ring involving an attorney from California (Theresa Erickson), an attorney from Maryland (Hilary Neiman) and another woman from Nevada (Carla Chambers).  Kimberly Surratt assisted the FBI in their investigations when an surrogate came to her for representation.

The bust leaves a sour taste in our mouth when it comes to the world of Assisted Reproductive Technology, which is sad.  This is an industry that has a great amount of potential for families that need it to become parents.  Surrogacy is a good thing that is legal in many states and can be done correctly with proper guidance.

The following TEN lessons can be learned from the FBI bust of this baby selling ring:

1. DO CAREFUL RESEARCH OF THE AGENCY, MEDICAL CLINIC AND ATTORNEY YOU ARE WORKING WITH.
2. INTERVIEW MORE THAN ONE COMPETENT ATTORNEY IN THE PROCESS.
3. HIRE A COMPETENT INDEPENDENT ATTORNEY ON YOUR BEHALF BEFORE IDENTIFYING AN SURROGATE.
4. IDENTIFY A SURROGATE BEFORE SHE IS PREGNANT.
5. ASSURE THE SURROGATE HAS HER OWN INDEPENDANT ATTORNEY.
6. DRAFT A STRONG CONTRACT WITH YOUR SURROGATE.
7. EXECUTE THE CONTRACT WITH THE SURROGATE BEFORE SHE IS PREGNANT.
8. DO NOT SIGN A CONTRACT OR COURT DOCUMENTS THAT MISREPRESENT THE CURRENT STATUS OF THE PARTIES.
9. DO NOT BACK DATE YOUR CONTRACT OR COURT DOCUMENTS.
10. MEET THE PEOPLE INVOLVED IN YOUR SURROGACY IN PERSON.

I just learned from CNN that they will be broadcasting the first part of the serious on the baby selling scam tonight.  The videos of me will not be in this segment (they are saving that for latter) but they stated that the audio tapes from the FBI of me will be used tonight.  It will air at 5:40 p.m. Pacific Standard Time.

You are about to give sworn testimony in Court! Now what? How can you make your testimony more effective. Follow the pointers in this guide. However, remember, your case may be exceptional in some respects, therefore you should always consult with an attorney first.

Appearance

Dress conservatively for your testimony. Approach each hearings as though it is going to be videotaped (in our jurisdiction it is videotaped). Choose business attire over casual clothing, dark shades over bright colors, solids over prints, conservative shoes, and modest jewelry. I tell my clients that I should barely see any skin on them below the neck line other than hands. No tube tops, no flip flops and especially no stomach exposure. You do not want to stand out. Be the person that blends in and looks like a casual honest person. Just keep in mind, no matter how perfect you dress there is no substitute for true honesty. Do not lie to the Court.

Demeanor

You are under observation from the time you leave your motor vehicle until you return to it at the end of the testimony. If you are in the hallway prior to giving your testimony and you are putting on a big show about how unreasonable the other party is and the Opposing counsel witnesses the entire act, do not put it past them to then ask you about your display while you are on the stand.

Posture

Your posture conveys your attitude about the case. Do not lean back in the chair. Keep your feet on the floor. Do not swing your leg, jiggle your foot or tap your fingers on the table in front of you. Sit erect and slightly forward. The court needs to know that this case is important to you. Avoid mannerisms that tend to indicate anxiety or disgust. The number one problem I observe with my Clients is that they cannot hide their anger when the other party has lied to the Court. You will have your opportunity to speak in Court, reserve your reactions to the other testimony given in Court for when it is your time to speak.

Speech

You are under a magnifying glass. You need to be aware of distracting speech patterns such as the use of crutch phrases like, “You know,” or “Don’t you see,” or “To be honest with you.” Do not use words like “Never” or “Always.” Use full and proper words such as “yes” in place of “yeah”. Do not interrupt either attorney when they are asking you questions. You do not have to be perfect in the stand. Be human. It is more important to be truthful and accurate while testifying than it is to be concerned about errors in grammar or mispronunciation of words.

Tell The Truth

The recurring theme in this guide is to tell the truth. No matter what. The truth may be a disadvantage to you – still tell the truth. If you go into court with the desire to do one thing and one thing only – tell the truth – you are safe and you can forget just about any other rule in this guide (other than wearing a tube top to court). It is far too difficult to get flustered when you are cross examined when you tell the truth. You won’t have to sit and wonder if the answer you gave was good or bad for your case. You will not have to worry about your answer from three questions ago or even three days ago. Why? Because you told the truth and you were consistent. Even if you answers are inconsistent, there is undoubtedly a reasonable and honest explanation if you believed each time that you were telling the truth.

Be Brief

It is not your job to speculate, explain your answer or anticipate the questions from the Opposing Party. Simply answer the question posed to you and nothing else. In law school they give us the example of asking the witness “do you know what time it is.” If the witness tells you 4:00 p.m. you have not properly prepared the witness. You did not ask the witness what time it was just simply if they knew what time it was and that should have only called for a yes or no answer. If you do not know the answer to something or you do not remember the answer to something, say so. If you could not hear the question or could not understand the question ask that the question be repeated or explained to you. Do no guess or estimate. Allow your attorney time to make objections before you answer. When you have finished answering the question consider yourself done. Do not go back to it and do not attempt to explain or justify your answer. Do not complete the job for the opposing counsel.

Documents In Court

If you are asked if you can identify a document, testify “yes” or “no” and stop there. This is similar to the question about whether you know what time it is. If they ask you to identify the document do so as brief as possible using items at the top of the document such as the title, date, addressee and writer. You are not being asked whether you have ever seen the document before. Thus, be careful with answering “no” when asked if you can identify a document. If you have never seen the document before start your response with, “This appears to be ….”

Remain Calm

Opposing attorney’s to not tend to be warm and fuzzy. However, some are and you should head caution. If they are engaging you and arguing with you in order to cause anger – stay calm. Do not get angry. Or if you do – do not let it show. Be aware of the tone of your voice and the physical cues you may be giving. Scrunching your nose tells everyone you are disgusted but that may not be the message you really want to send. Do not be defensive. If you are angry and/or defensive you will not think straight and your credibility will diminish. Stay strong and solid in your responses. Do not let your emotions get the best of you. Making eye contact with the judge and all the participants in the court room is the best way to make your point well known.

Disclaimer:  Nothing on this blog should be construed as creating an attorney client relationship.  Unless and until you sign a written retainer with our office, we will not act as a lawyer on your behalf.  There is no guarantee that any information provided by a visitor to this blog will be kept confidential.  None of the information provided in this blog is intended as legal advice to any specific person.  All cases are different and even though this blog entry does in some instances provide useful information about legal concepts and principles, nothing stated here is intended to provide legal advice to any visitor to this blog.  No information provided here will prevent us from representing a client whose interests are adverse to yours.

The sentencing of Theresa Erickson, California attorney who plead quilty to conspiracy to commit wire fraud, will take place on October 28, 2011 in San Diego California. Kimberly Surratt was interviewed by CNN last week regarding her involvement and assistance to the FBI in the investigation that lead to break up of the ring.

 

 

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

　

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