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Splitting Up in a Downturn

Couples are increasingly using 'alternative' methods to get divorces, such as mediation and collaborative law, both of which allow partners to minimize court time and work out amicable agreements. Here are some pointers for parting ways effectively in difficult economic times: Try to meet with a financial professional or a marriage therapist separate from a lawyer to reduce hourly billing legal costs. If possible, consider a co-ownership agreement for a house or draft a strategy to sell it when the market conditions improve. Be wary of a divorce settlement that implies receiving of the shares of family businesses or shares of company stock as the values of those assets may deteriorate significantly. Include health-insurance plans and costs as part of the negotiations. Many divorces provide for child support, but may not specifically address things like paying for college, summer camp, daycare or other extra expenses. If you apply for a loan or credit card, be honest with the application and know that information on it could be used in a divorce proceeding. If a divorce filing lasts for several months, consider a temporary agreement to address financial issues in the interim.

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Social Security Planner for Divorcing Couples

People who are close to retirement age and are going through divorce should learn about their Social Security benefits. If a couple had been married for a period of greater than ten years, each of the spouses will be eligible to receive Social Security benefits on either their own or a percentage of their spouses’ eligible benefits, depending on their own retirement age. The Social Security Administration’s web site http://www.socialsecurity.gov/ offers very useful information. You will be able to estimate your life expectancy and benefits, consequences of early or delayed retirement, how postretirement earnings affect benefits as well as spouse/survivor benefits.

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Social Security Disability Held Not To Discharge Child Support Duties

Just because a parent qualifies for Social Security disability benefits does not necessarily mean he or she is unable to pay child support, a New Jersey trial judge says. A declaration of disability by the Social Security Administration “cannot automatically be interpreted by the family court as a finding … that the party cannot work at all,” wrote Ocean County Family Part Judge Louis Jones in Gilligan v. Gilligan, FM-15-807-02. The ruling, approved Tuesday for publication, places the burden on parents claiming disability to prove that they are unable to pay anything and makes it clear that it is not enough just to brandish a disability award letter.

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Should the divorced parents pay for their children’s college tuition?

What if both parents believe that their children should be responsibility for their own college tuition; what if these parents live in NJ and are in a process of divorce? I find it noteworthy that when parents who believe that their kids should pay for their own college education get divorced, the NJ courts can make them pay for college. NJ holds a minority view in this regard compared with most states. I have had mediating parents tell me that working to provide for their own college education was an important part of their own personal development and family values that they wish to convey to their own children. If you hold a similar view, you need to take certain steps while in divorce mediation. You need to come up with a very detailed agreement stating the following: all the reasons why you choose to shift the burden of college tuition onto your children, provisions concerning changes in your circumstances, living standards, as well as regularly scheduled mutual updates on each other’s financial circumstances. What is the likelihood that either parent, or the child, will file an action to compel a payment of college expenses in the future? If they do, might the court compel divorcing parties to pay for college when they would not have done so had they remained an intact family? No one is immune from such an outcome; however, in my experience parties, who mediate their agreements, honor them in the future. They can revisit the issue and change the terms of their agreement but they will try to stay out of court as much as possible. I often suggest to parents that they raise their children in a culture where from a young age they understand that they will be paying for their own college. It seems less likely that those children would suddenly institute suit against one or more parents for college costs if that was never their expectation while growing up. Who knows what the law pertaining to college will evolve into at any given time in the future. There seems to always be some kind of bills pending that might change the parents’ obligations. But to be able to mediate this issue and not to spend vast amount of money on court proceeding is still the best option that the parents have today.

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Should I keep my marriage for the children’s sake?

As a former therapist I have worked with many children, whose parents went through divorce, I have also worked with children who resided with step-parents, single parents, or same sex parents. Even though unconditional love for children, acceptance, and consistency are the major factors that contribute to their successful upbringing and development, the intact families are the families where the children thrive best-providing that the parents are happily married. “Happily” is the key word. If parents have a high-discord marriage and are trying to save it only for the sake of the children, this proves to do just the opposite. It is extremely detrimental to the children’s upbringing. Through the years I was able to observe in my practice that the children often are better off when their high-discord parents divorce rather than stay together. Once their divorce is finalized, many parents are able to address parenting issues from a different angle. They are not as stressed and more able to focus on the parenting rather than on their own disagreements. I have also noticed that the way people divorce plays a tremendous role. Many of my former clients, who mediated their divorce, have learned during the mediation how to negotiate their issues should they come up in the future. These skills prove priceless as parents apply them any time they have conflicts between themselves or with their own children-unlike couples who litigate their divorces. Those frequently continue fighting even after their divorce is finalized, as they are trapped in their own issues. E. Mavis Heatherington, Professor Emeritus at the University of Virginia who published the results of a 20-year study of divorced families, once said: “The only childhood stress greater than two married parents fighting all the time, is two divorced parents fighting all the time.”

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