May 3, 2023 -   There has been lots of noise on the internet lately about drafting your own separation agreement. Some couples have come in with a piece of paper where they divided the assets and made co-parenting arrangements, but unfortunately, the document has to pass muster under New York law which is very strict. If it doesn’t, your agreement can be voided and you will have to start again. If you would like more information about mediation, prenups, and family law, [...]

March 20, 2023 -   The previous article in this series looked at how a partial buyout might help resolve the issue of today’s higher interest rates complicating your divorce. This article outlines other creative ways to approach the situation, including one called a credit against child support.  If you would like more information about mediation, prenups, and family law, check out my website — ClarePiroMediation.com. [...]

January 19, 2022 -   The term Add-On describes expenses that are in addition to the standard child support expenses. There are mandatory add-ons outlined in the New York Child Support Statute (CSSA) but what about all the little or not so little extra expenses such as extracurricular activities for the children, tutoring expenses, birthday party expenses, etc. This video discusses those expenses and offers several ways divorced parents may decide to address them.  [...]

January 7, 2022 -   When divorcing, determining the income base for child support can be tricky, especially if your income changes from year to year, or is not consistent due to commissions and/or bonuses. This video outlines a couple of approaches that can help you figure out the most effective way to deal with income fluctuations. [...]

May 18, 2021 - {3 minutes to read} The idea of a prenuptial agreement is familiar to most people — an agreement that a couple can enter into before their marriage that can provide how property and debt will be distributed in the event of death or a divorce. It can also provide for paying or waiving spousal support. But what exactly is a postnuptial agreement, and why would anyone want one? A postnuptial agreement is an agreement that a married couple can create to do the very th [...]

April 30, 2021 - {4 minutes to read} I often receive phone calls from potential clients telling me that they have settled everything and just want me to write up their agreement. When faced with this request, I explain that this is not what I do and why mediation would still be important even if they have discussed and agreed upon terms.  Terms that were Not Addressed Even if there are no minor children, it’s difficult to navigate through all of the terms that need to be con [...]

September 30, 2020 - {3 minutes to read} I know that it has been a constant refrain of mine that budgets are vital in mediation, but I learned how truly indispensable they can be during a recent one. The couple were both high-wage earners, and one parent was agreed upon to be the primary residential parent. The non-residential parent proposed a different type of child support payment in which, rather than payment of the standard child support that would be calculated under NYs Child Support [...]

July 10, 2019 - {3:30 minutes to read} In my last video, I promised some creative win/win options that you could take when it came to the division of your home. Since they could be a little complicated and hard to follow, I thought it would be better to present them in a written blog.    Can’t Refinance Right Now Let’s say that you both agree that there will be a buyout and a refinance, but it will take some time for the “buyer” to qualify for a loan [...]

May 1, 2019 - {3:00 minutes to read} One of the things you will be asked to address in mediation is what, if any, changes will be made to child support. In a previous post, I wrote about New York’s statute that would permit parties to file for a modification for support under certain circumstances. But, if you’re mediating now, you certainly would want to avoid having to go to court to modify child support in the future. It’s best to include the changes to support t [...]

November 20, 2018 - {3:00 minutes to read} In the last post, I addressed the designation of beneficiaries of your life insurance in order to ensure the continuation of child or spousal support. While the continuation of support is important, there are some other issues about life insurance coverage that may need to be discussed in mediation. Employer-Provided Life Insurance Individual life insurance policies owned and paid for by the parties provide the most control and flexibility in ter [...]

October 26, 2018 - {4:00 minutes to read} Life insurance is not a topic most people are eager to speak about, let alone if you are separating. But life insurance is a topic you should be prepared to discuss in your mediation. Under New York law, a judge may order a party to obtain and maintain life insurance coverage naming as beneficiaries either the children (for child support) or the spouse (for maintenance) for so long as the party is obligated to pay child support and/or maintenance. [...]

March 14, 2018 - {3:42 minutes to read} Interim agreements are agreements that determine certain terms before the parties sign a comprehensive separation agreement. Some of the topics that may be covered by these kinds of agreements could be:  How to handle the sale of a house; Support and parenting plans; A provision that marital assets stop accumulating as of a certain date; and Arranging for the disposition or purchase of a particular asset. Typically, in my practice, cl [...]