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Child Custody/Visitation/Parenting Time

Child custody and visitation agreements are legally binding arrangements that determine how parents will share the responsibility of caring for and spending time with their children after separation or divorce.

There are two types of custody: Legal Custody and Physical Custody.

Legal Custody refers to the right and responsibility of a parent to make important decisions regarding the child’s upbringing and well-being. It grants the parent the authority to make decisions related to the child’s education, healthcare, religious upbringing, and other significant aspects of their life. Sole legal custody means that one parent has the right to make those decisions without consulting the other parent. With joint legal custody, both parents share the decision-making authority and must collaborate and communicate with each other to make decisions that are in the best interest of the child.

Physical Custody refers to where the child will primarily reside, and it will outline parenting time with each parent. The schedule can vary depending on the circumstances and the needs of the child. This schedule typically includes set days with each parent, holiday schedules, vacation schedules, spring break, child birthday’s, and a summer schedule.

Child Support

Child support is a legal financial obligation that each parent is responsible for the upbringing and well-being of the child. The amount of child support to be paid is determined by state laws and guidelines, taking into consideration factors such as the following:

  • All income sources of parents
  • Health insurance
  • Extraordinary medical expenses; who will pay and how much
  • Childcare Expenses
  • Other children
  • Number of days with each parent
  • Who pays and when
  • Proportionate shares
  • Child Dependency Tax Exemption
  • Spousal Support being paid to the other parent

The purpose of child support is to ensure that both parents continue to contribute financially to meet the child’s needs and maintain a similar standard of living that the child would have had if the parents were living together. It helps cover expenses such as food, clothing, shelter, education, healthcare, and other necessities.

Spousal Support

Spousal support is a financial payment made by one spouse to the other after a divorce or separation. It is intended to provide financial support to the lower-earning or financially dependent spouse, usually for a specific period of time.

The purpose of spousal support is to help the recipient spouse maintain a similar standard of living that was established during the marriage and to assist them in transitioning to financial independence. It recognizes the contributions and sacrifices made by one spouse to support the other during the marriage, such as staying at home to care for the children or supporting the other spouse’s career development.

The determination of spousal support varies and different factors may be considered such as length of the marriage, the income and earning capacity of each spouse, the age and health of the parties involved, the standard of living during the marriage, and any other relevant factors.

Separation Agreements

Mediating separation agreements involves assisting parties in reaching mutually acceptable resolutions to the terms of their separation or divorce.  This requires parties to gather detailed information regarding the information below in preparation for their mediation session.  It is a legally binding agreement that outlines the terms and conditions that will govern their separation, including matters related to the following:

  • Parenting Issues (Custody, Visitation, and Child Support)
  • Spousal Support
  • Health Insurance for the adults and children
  • College Education and any College Savings Plans
  • Personal Property (furniture, electronics, Vehicles, Pets, Etc.)
  • Real Property (Marital home(s) or Rental Properties)
  • Assets (Bank Accounts, Accounts for minor children, Stocks, Bonds, or Mutual Funds)
  • Debts (Credit Cards, Loans, Mortgages, Vehicle Payments, Etc.)
  • Pensions (Retirements, 401k, IRA’s, Etc.)
  •  Life Insurance (Whole or Term), Beneficiary Changes
  • Automobile Insurance Changes
  • Wills, Power of Attorney’s, and Medical Directives
  • Tax Related Issues (Refunds, Tax Liability, Child Tax Credits

The separation agreement serves as a comprehensive document that addresses the rights and responsibilities of each party during the separation period. It provides clarity and certainty regarding how assets and debts will be divided, how financial support will be provided, and how decisions related to the children will be made. It can also outline the process for resolving any future disputes that may arise between the parties.  The goal is to find a fair and equitable distribution of the property that takes into account the interest of both parties.

Once the parties reach an agreement on property division through mediation, it is typically documented in a memorandum of understanding that you provide to your lawyer or memorandum of agreement that is a legally binding agreement that can be incorporated into the final divorce decree.  Overall, property division in mediation offers a collaborative, flexible, and cost-effective approach to divorce or separation allowing parties to maintain a greater sense of control and actively participate in shaping the outcome of their property division process.

Workplace Mediation

The use of mediation in the workplace provides a constructive and collaborative approach to resolving conflicts, fostering better communication, and creating a harmonious work environment.    Conflict or disputes can have various effects on individuals, teams, and organizations.  Here are some common effects of workplace conflict:

  1. Increased Costs:  Conflict can lead to increased cost to the organization.  This may include legal fees, employee turnover costs, decreased productivity, and potential damages to the organization’s brand or reputation.
  2. Negative emotional impact:  Conflict can lead to increased stress, anxiety, frustration, and anger among employees.  It can create a tense and hostile work environment, affecting the mental well-being and job satisfaction of those involved.
  3. Decreased productivity:  Conflict can disrupt workflow an create distractions, leading to decreased productivity.  When employees are engaged in conflict, they may spend less time on their actual work and more time dealing with the conflict or its aftermath.
  4. Poor Communication:  Conflict often hampers effective communication within teams or departments.  Employees may avoid or misinterpret messages, leading to misunderstandings and further exacerbating the conflict.  This breakdown in communication can hinder collaboration and teamwork.
  5. Increased Absenteeism and Turnover:  Prolonged or unresolved conflict can contribute to increased absenteeism and employee turnover.  The negative work environment created by conflict may cause employees to seek alternative job opportunities or experience higher levels of job dissatisfaction.
  6. Damaged Relationships: Workplace conflict can strain relationships between colleagues, managers, and subordinates.  It erodes trust and respect, making it difficult to establish effective working relationships.  This can impact teamwork, cooperation, and the overall organizational culture.
  7. Reputation Damage:  If conflict becomes public or escalates to a point where it impacts clients, customers, or stakeholders, it can damage the organization’s reputation.  This can result in a loss of business opportunities and a negative perception of the company.

It is important to address the conflict promptly and effectively to minimize the negative effects.  Implementing conflict resolutions strategies, promoting open communication, and fostering a positive work environment can help mitigate the impact of conflict and create a healthier and more productive work environment.

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