PARENTING DECISIONS
SCHEDULE
School evenings, weeknights, and weekends
Three-day weekends
School recesses – Winter and Spring
Summer vacations
Holiday celebrations
Birthdays of Parents/ Child[ren]
Mothers’/Fathers’ Day
Telephone/e-mail/texting access to the child[ren]
Transportation between households
Travel away from home with the child[ren]
Etiquette (rules) for visits, cancellations
Changes to the schedule at future times
DECISION-MAKING
Joint agreement, consultation, or sole authority for decisions on:
Education
Extracurricular/weekend activities
Medical care (non-emergency or elective)
Religious upbringing
Childcare providers
INFORMATION
Mechanisms for sharing information about the child[ren]
Receiving records and reports from physicians, dentists, etc.
Receiving reports and notices from schools, teachers, etc.
RELOCATION
Rules or adjustments for change of child[ren]‘s residence
GUARDIANSHIP
In event of the death of both parents
SIGNIFICANT OTHERS
Interactions with Grandparents and other family members
Introduction of New Partners/Step Parents
PROPERTY DIVISION
ASSETS
Identification of all assets
Classification of assets as Marital or Separate
Evaluation, and date for valuation of assets
Division
MARITAL RESIDENCE
Who, if either, stays ? If retained by one, what and when paid ?
If to be sold, when ? sales price ? division of proceeds ?
OTHER REAL PROPERTY
Time Share / Weekend or Country house
Sale, share or buy-out ?
LIQUID ASSETS
Bank accounts
Investments — mutual funds, stocks, bonds
Life Insurance (cash value)
EMPLOYEE BENEFITS
Deferred Compensation
Stock Options
BUSINESS INTERESTS
OTHER PROPERTY
Automobiles
Household furnishings / Personal effects
PETS
LIABILITIES
Credit Cards
Other Debts
PARENTING EXPENSES
CONTRIBUTIONS TOWARDS BASIC COSTS
Basic Support under the Child Support Guidelines
Calculation of needs by budget
Adjustment upon the Emancipation of each child
Cost of Living Adjustments
Modifications at future time/upon each child’s emancipation
EDUCATIONAL COSTS
Extracurricular activities
Summer camp/activities/lessons
Private school tuition
College tuition and costs
MEDICAL COSTS
Health Insurance: whose plan? who pays? what reimbursement procedures?
Uncovered expenses and deductibles
CHILDCARE
Costs for both parents to work
TAX EXEMPTIONS/CREDITS
Allocation of annual benefits
INHERITANCE
Provisions for the child[ren]
SPOUSAL ASSISTANCE
SPOUSAL SUPPORT (MAINTENANCE / ALIMONY)
Amount
Duration
Cost of Living adjustments
Modification for future changes
Co-habitation definition and effect
TAX RAMIFICATIONS
CHILD SUPPORT PAYMENTS — not deductible to payor, nor income to recipient
SPOUSAL SUPPORT PAYMENTS — no longer deductible to payor, nor income to recipient
DISTRIBUTION OF PROPERTY — no capital gains taxes due upon changes in title
BASIS ISSUES — any appreciated assets ?
CAPITAL GAINS ISSUES — from sale of marital home, or other assets
TAX RETURNS – how to file for Current / Future years
OTHER ISSUES
LIFE INSURANCE — what is needed to underwrite future obligations ?
LEGAL REPRESENTATION — utilized or waived ?
MEDIATION AND COUNSEL FEES — how to cover ?
DISPUTE RESOLUTION — mediation clause for future issues ?
RELIGIOUS DIVORCE — any provisions required ?
STANDARD PROVISIONS
SEPARATE LIVES – Living independently, as if unmarried
ESTATE WAIVERS – Right to leave estate without restrictions
RELEASES – No lawsuits for other claims
COUNSEL FEES FOR BREACH – Attorney’s fees awarded for non-compliance
CHOICE OF LAW PROVISIONS – New York law applies
FULL DISCLOSURE – No further, formal discovery needed
FUTURE DEBTS – No spousal responsibility for any new debts
SURVIVAL, NOT MERGER, OF AGREEMENT – Agreement binding after divorce
COUNTERPARTS – Separate signatures allowed
DIVORCE OPTIONS IN NEW YORK
NO-FAULT OPTIONS
Irretrievable Breakdown of the Marriage (for six months)
Conversion Divorce (one year after Agreement)
DIVORCE ON FAULT GROUNDS
Abandonment
Constructive Abandonment
Cruel and Inhuman Treatment
Adultery
Imprisonment for Three Years
TIMING ISSUES
Tax Filings
Health Insurance Coverage
Personal Concerns