Key Issues In Separation Or Divorce Agreements

Child Issues – Permanent Parent Plan

• Time spent with each parent
• Holidays – MLK, Easter, Spring Break, Memorial Day, Mother's Day, Father's Day, July 4th, Labor Day, Fall Break, Thanksgiving, Christmas or Winter Break, Children's Birthdays, other holidays
• Summers
• Weekends (day, time and transportation)
• Days during the week (day, time and transportation)
• Extra Curricular Activities
• Grace" period if parent is late in picking up/returning children
• Other child related issues:

  • Notification to other parent if child is ill
  • No overnights with girlfriend/boyfriend if child is in your home
  • How to resolve major decisions if there is no mutual agreement - including,but not limited to: education, extracurricular activities, medical and religion
  • Written notice of parent's intent to relocate
  • No alcohol, drug usage when driving with child in automobile
  • Telephone access when child/children with other parent
  • Communication between parents
  • Access to child's/children's records
  • Any special circumstances related to child/children
  • Modification of parenting plan

Custody of Minor Children

• Single custodial parent, shared parenting
• Joint Custody - joint legal, joint physical
• How to resolve major decisions if there is no mutual agreement - including,but not limited to: education, extracurricular activities, medical and religion

Child Support

• Monthly payments - amount, date(s) payable
• Circumstances when amount would be increased, reduced, suspended or terminated (more than one child, when oldest child graduates from high school)
• Education expenses - pre-graduation, post high school - college (if college agreed upon, need to be very specific in terms of type of college, responsibility of child, parents), Technical school

Tax Exemptions for Dependent Children

• Including child tax credit

Medical Insurance

• Health & Hospitalization - medical, dental, orthodontist, vision,psychological - monthly premiums, annual deductibles, amounts not covered by insurance (is the medical plan an HMO,PPO with only specific providers covered)

COBRA

Spousal Support

• Monthly payments, amounts, dates payable, length of time, circumstances when increased, reduced, suspended, terminated or on a cash settlement

Real Estate

• Family residence, vacation property, business/rental property

Personal Property

• Household items/furniture
• Vehicles
• Stocks, bonds, other securities and investments
• Checking, savings and other bank accounts
• All retirement accounts/investments

Other

• Club membership, frequent flyer miles, season tickets, pets, etc.

Life Insurance

• Cash values - face value if whole life, face value if term life
• Use to insure support obligations/amounts and duration.

Debts

• Outstanding loans (other than those previously listed)
• Charge card debts (joint and individual)

Income Tax

• Refunds due, amounts owed, any back taxes owed?
• Indemnification of one party on past joint returns?

Outstanding Suits

• Potential monies coming in, potential monies owed

Wills

Social Security Ten Year Marriage Rule

Attorney and Mediation Fees

Mutual Release or Right to Modify

• Modification by mediation