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Mediation Blog

Topic: Finances | 12 post(s).

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 [...]

March 25, 2020 - Mediation may not be appropriate for everybody but could be the right process for you. Unfortunately, many people dismiss it out of hand, based upon some misconceptions about what mediation is or isn’t. This video tries to dispel some of the most common myths to help you decide if mediation is right for you. [...]

April 12, 2018 - {4:30 minutes to read}  Over the years I’ve been mediating, I’ve been asked by potential clients if the following concerns would mean that they could not mediate their separation. Here are some of their questions and my responses:We disagree on everything.  Disagreement in mediation is to be expected. Since mediation is a process which aims to resolve conflict, a mediator is trained to help the two of you do just that. I am very angry at my spouse [...]

November 1, 2017 - {4:12 minutes to read} As I described in Part I of this post, it’s not unusual to feel completely overwhelmed upon hearing that your spouse wants a divorce. You think the last thing you are capable of doing is making good decisions about your children and your finances. But then you keep getting pushed by your spouse to start the divorce ASAP. You can tell your spouse that you need some time to process everything and get the support that you may need to move forwa [...]

March 1, 2017 - {3:48 minutes to read} Unfortunately, people who are getting divorced are not exempt from downsizing, market fluctuations, facility closings, etc. which can lead to a period of unemployment. How can divorcing couples factor in this development as they work through separating their households and assets? How do they cope with this monumental change in their lives, on top of this monumental change in their lifestyle? If one of you is unemployed, it may not be entirely wit [...]

February 1, 2017 - {3:12 minutes to read} There are so many sources of information available to someone in the process of divorce: Attorney consultation; Financial divorce professional consultation; The internet; Their friend, hairdresser, cousin, sister or co-worker . Some are clearly less reliable than others. In fact, it’s rare for me to see clients who haven’t received some version of what they believe their rights and obligations under the law to be. This informa [...]

January 4, 2017 - {4:00 minutes to read} In New York, case law provides that when parents share equal physical custody of the children, the parent who earns more pays child support to the parent who earns less, based on the Child Support Standards Act.If there is a great disparity between their incomes, that might make sense. But if there is less than a substantial difference and both parents need to maintain a household for the children, applying the statute can put one parent in financi [...]

November 22, 2016 - {3:54 minutes to read} Since I write so often about the benefits of mediation, I think it’s time that I acknowledge something I often share with clients at the initial consultation. After I have explained the basics of mediation, I say that I think mediation can be a hard thing to do and commend them for making that choice. And while I firmly believe that it is the best option to resolve conflict, I’ll admit it’s still not an easy process. What makes [...]

September 27, 2016 - {3:42 minutes to read} Dog training was never a strong suit for my husband or me, but our new dog, Toby, proved to be in desperate need of some consistent direction and attention. We hired a trainer to come to the house. I also dug out all of our training books and searched online for new techniques when some of the things we were doing didn’t seem to suit Toby or me. One of the biggest challenges was walking him. We live in a pretty quiet neighborhood, but any so [...]

February 16, 2016 - {2:48 minutes to read} Budgets are not fun – composing them, living on them and even just having to think about them. So, I understand the look in clients’ eyes when I first talk to them about completing their budgets. Here are 4 reasons why I think it’s vital to have accurate and complete budgets for each party in mediation. Budgets are a reality checkNo matter the level of income, a good percentage of my clients are living above their means. Seeing [...]

October 1, 2014 - How does the Child Support Standards Act (“CSSA”) work in mediation? First, you will need to discuss whether or not you are going to apply or opt out of the CSSA. To do that, you need to know what the child support figure would be if the statute were applied. Your mediator can explain the computation based upon the combined income of you and your spouse. What income figure should be used? If one of you is unemployed or underemployed by choice, or the incom [...]

September 16, 2014 - I remember when the Child Support Standards Act (“CSSA”) was adopted in New York in 1989. It was a radical departure from how child support had been determined in the past, and not all matrimonial attorneys welcomed it with open arms. There were many predictions of disastrous results, but the statute soon came to be accepted. How Does It Work? Combine both parents’ incomes up to the statutory “cap,” which in 2014 is $141,000. Apply the [...]

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