I often calculate the cash flow for support in my divorce cases. My calculation is used as the basis for child and spousal support orders. While cash flow for support seems like a phrase that defines itself, it has created so much controversy. Cash flow is more obvious among employees. It’s their paycheck. With some…
Cash Flow for Support
Law Practice Valuation
The value of a business is usually the present value of its expected future earnings. Price is what you negotiate. Value and price, therefore, are not always identical (as evidenced by the differences between asking and selling prices). Time and timing, for instance, are factors affecting price. It takes time to sell a business and…
Bankruptcy Risk Planning: The Z-Score
Bankruptcy occurs when a company is unable to meet maturing financial obligations and petitions a Federal court either for liquidation (Chapter 7) of its assets or reorganization (Chapter 11) of its debts. A company generally receives debt relief in Federal court if it is unable to liquidate its debts as they come due by transferring its assets…
Family Law: Understanding the Hypothetical Seller and Buyer
FACT: The emotions of spouses involved in a divorce often obscure the value of a company (or ownership interest), one of their most important marital assets. The spouse keeping the company (in-spouse) often argues that the company is less valuable. On the other hand, the spouse leaving the company behind (out-spouse) often argues that the…
Business Valuation Tips
Three’s Company Only three things drive the value of a business: Future cash flow (or profits), the risk of achieving the future cash flow and the growth of the future cash flow. Back To The Future Although historical information is used to establish a value, it is the expectation of future cash flow (or profits)…
Business Valuation FAQs
Are valuations really necessary? A valuation of a business entity or ownership interest, though recommended in many circumstances, may not always be necessary. If it is necessary, a valuation analyst may not have to perform the valuation. If a taxpayer, however, performs the valuation in a tax-favored transaction and either understates or overstates the value…
Buy-Sell Agreements
FACT: A large number of buy-sell agreements are outdated or poorly drafted. They are in essence “ticking time bombs”. A Buy-Sell is an agreement or contract (a) by and between a company and its owners or (b) by and between owners that provides for the continuation of a business upon an owner-related catastrophic event such…
Earnouts
Buyers and sellers often use “earnouts” or “‘contingent price deals” to bridge valuation differences in merger and acquisition negotiations. An earnout is a payment made in the future by the buyer contingent upon the performance of the seller’s business after it is acquired. An earnout is based on revenue, gross profit, net income, future business…
Employee Stock Ownership Plans (ESOPs)
FACT: Estimates indicate that, as of the millennium (2000 A.D.), $6 trillion of personal wealth consisting mostly of private family businesses will transfer over the next decade without an immediate market. If you want liquidity and believe that your employees contributed to your company’s success and should be rewarded with company ownership, then an Employee…
Do You Own a Business or a Salary?
Are you selling your business? Do you own a business or just a salary? In economics, a business (also called firm or enterprise) is a legally recognized organizational entity designed to provide goods or services to consumers. However, the economic definition is based only on legal recognition. If your business only provides you (as the…