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

I read this interesting story in the New York Times, about people who commemorate their divorces with some sort of ceremony or ritual.  As divorce lawyers, we often deal with the emotional aspects of divorce as they impact our clients, but rarely, if ever, talk about ceremonial endings. 

I recall a client I once had who was amicably ending a many year long marriage with a former spouse who remained a great friend to my client.  When the uncontested paperwork was done and I called to let my client know, I offered my congratulations.  Instead of feeling celebratory, my client was sad and let-down, and the realities of the divorce they both wanted seemed to really hit home.  I wonder if a ceremony of some sort, in which they both participated, might have helped with that final reality of divorce.  It’s certainly something to consider at least.

I just read this article from the New York Times discussing same sex couples who have entered into Premarital (also known as Prenuptial) Agreements.  Nevada does not currently recognize same sex marriage, but does have a Domestic Partner Registry.  Couples who register as domestic partners have many of the same financial and property rights and obligations as married couples in Nevada.  Consequently, it may be worth considering whether a Pre-Domestic-Partnership-Agreement is appropriate for you.  We can meet with you and give you advice about whether an Agreement makes sense in your situation.

As a result of her guilty plea to conspiracy to commit wire fraud, Theresa Erickson was sentenced to five months in prison, followed by nine more to be spent in home confinement, today.  She was also fined $70,000.00.  Theresa Erickson’s co-consipirators, Carla Chambers and Hillary Neiman, were sentencd to twelve months each, five in prison and seven in home confinement.

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.