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Divorce/Separation :
mediation tomorrow

Topic is Sleeping.
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 AsUWish (original poster new member #77301) posted at 5:44 PM on Tuesday, June 29th, 2021

We are trying to do this in as cheap a way as possible. We both have attorneys for our mediation tomorrow. Hoping we can get through this without the cost of going to court.

With that said, what do I need to have as non-negotiables for my mediation? What is something(s) that you misses when you went through mediation before or had someone tell you to do that could be helpful in helping me prepare for tomorrow.

Husband makes twice as much as I do and his pay will be going up drastically over the next several years. His cheating is what led to this divorce. We have two children ages 16 & 12. Been married 19 [almost 20--anniversary is July 28] years. Dated for 3 years before marriage.

I plan on going in asking for more than I want since this will be a compromise. Hoping by doing this I will get what is fair for my children and myself. We have already separated to different houses and have divided physical assets.

Here is what I have so far:

* custody will be 60/40-- he works 6 days on 4 days off

* Standard child support in my state is 20% for 1st child and 5% for each additional child. I will be asking for 20% child support

* He will insure kids for medical, vision, and dental.

* He will pay 80% of all medical bills

* He will be responsible for purchasing the kids their 1st vehicles

* He will be responsible for maintaining said vehicles

* He will pay for the kids car insurance on the kids vehicles

* He will pay the kids phone bills

* Kids are involved in extra curriculars that are pretty expensive. He will pay 80% of the costs incurred by these activities. I will pay 20% up to $1000 for each child in a years time.

* Any extra curriculars the kids are involved in prior to divorce will be paid by him

* Retirement accounts will be divided 50/50

* not alcohol or drugs at any time while the kids are present.

* Neither of us can introduce a new BF or GF to the children or have them sleep over while children are in our custody

* Neither of us can tell the kids that BF GF will be their new mom/dad

* Who ever is picking up must drive to the other parents house

* Vacations/trips must be discussed and agreed upon prior: 14 day for in state trips and 30 days for out of state/country trips.

* Kids will stay in current school system until graduation

* College fees/tuition will be paid upon a % of income. IF we decide to pay for the kids college expenses.

What am I missing?!

Please help

posts: 48   ·   registered: Feb. 12th, 2021
id 8670938
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DanielJK ( member #75654) posted at 6:41 PM on Tuesday, June 29th, 2021

This is pretty comprehensive.

I believe courts sometimes look for life insurance provisions, should something happen to one of you.

Household items? I think that can get sticky at times, who gets what. If there is a must have for you maybe spell it out.

Holidays, birthdays, who has the kids and how will it be done. every other xmas? Etc.

You have an attorney involved so I would defer to them, nothing I say should be construed as legal advice...just suggestions.

[This message edited by DanielJK at 12:44 PM, June 29th (Tuesday)]

BH 51
STBXWW 53
2 daughters, 14 and 16
Filed for divorce 12/23/2020

After a year of hell I finally moved out (5/26/2021).
Divorce still pending.

posts: 455   ·   registered: Oct. 13th, 2020   ·   location: CT
id 8670950
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Tigersrule77 ( member #47339) posted at 6:56 PM on Tuesday, June 29th, 2021

* He will be responsible for purchasing the kids their 1st vehicles

* He will be responsible for maintaining said vehicles

* He will pay for the kids car insurance on the kids vehicles

* He will pay the kids phone bills

If not required by law (not familiar with your state), I'd leave this out. Unless you want to include it as a wish and try to use as a negotiation chip. If this came up in my D, I'd have refused out of hand. No parent is REQUIRED to purchase a car for their child. Judges can't make you. Same with cell phones. Just my opinion.

posts: 1593   ·   registered: Mar. 27th, 2015   ·   location: Maryland
id 8670954
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Catwoman ( member #1330) posted at 7:07 PM on Tuesday, June 29th, 2021

If a car purchase is something you both agree on, I would have it outlined in your MSA. We could not agree on car expenses or cell phones (I wanted to split them, he didn't). So they were unaddressed because my ex wouldn't budge. I should have fought harder on this but it was the only thing that wasn't nailed down (and less than 3 months after the settlement was finalized, he refused to pay cell phone expenses and turned off the kids' phones because I wouldn't split them with him (I was paying 100% of the car expenses, which far exceeded cell phone expenses).

I would have it outlined exactly what would constitute a college expense. Room, board, social activities, clubs, transportation to/from, etc. . . . it can add up.

Cat

FBS: Married 20 years, 2 daughters 27 and 24. Divorced by the grace of GOD.
D-Days: 2/23/93; 10/11/97; 3/5/03
Ex & OW Broke up 12-10
"An erection does not count as personal growth."

posts: 33182   ·   registered: Apr. 5th, 2003   ·   location: Ohio
id 8670959
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barcher144 ( member #54935) posted at 7:16 PM on Tuesday, June 29th, 2021

I would not go into mediation with ANYTHING being non-negotiable. I would have a list of things that you want, of course, but don't make anything non-negotiable.

My experience is that the lawyers/mediator will have ideas on ways to settle that you have not considered. For example, I was at mediation last week and the mediator suggested that I could pay xWW a settlement from my retirement rather than in cash. That would have made settling easier if we were closer to a settlement.

I have some comments on your ideas... please note that I don't know where you live and I am not a lawyer, so a better answer might depend on the legalities in your location.

* custody will be 60/40-- he works 6 days on 4 days off

* Standard child support in my state is 20% for 1st child and 5% for each additional child. I will be asking for 20% child support

* He will insure kids for medical, vision, and dental.

* He will pay 80% of all medical bills

* He will be responsible for purchasing the kids their 1st vehicles

* He will be responsible for maintaining said vehicles

* He will pay for the kids car insurance on the kids vehicles

* He will pay the kids phone bills

* Kids are involved in extra curriculars that are pretty expensive. He will pay 80% of the costs incurred by these activities. I will pay 20% up to $1000 for each child in a years time.

* Any extra curriculars the kids are involved in prior to divorce will be paid by him

In my location, child support is based on your incomes and how many nights the kids spend at each parents house.

Generally speaking, your financial responsibility depends on how much you make versus how much he makes. You say that he makes about double what you make, which means he makes 2/3 of your combined income and you make 1/3. That is, with even custody, you could expect to pay for 1/3 of the kids' expenses and he would pay 2/3. This would include everything, including insurance, cell phones, and activities. You seem to be asking for him to pay way more than 2/3 of your kids' expenses.

Be particularly careful when it comes to medical insurance for the kids because these can vary widely depending on insurance plans. My GF pays for insurance for her kids and it's something like $600 per month out-of-pocket, so the majority of the child support that her ex pays isn't really "child support" so much as it is his share of their medical insurance. You also need to negotiate who pays for uninsured medical costs.

You should also negotiate the child tax exemptions. You should be specific... you split them until the first child emancipates and then you alternate the other child until he/she emancipates.

Please also note that if your ex wants to fight for custody different than what you propose... that your kids are of an age where their opinion counts for a lot.

* Retirement accounts will be divided 50/50

Assets/liabilities are usually split 50/50 in total and I would definitely stick to that. My ex tried to manipulate values of everything to be biased towards her (the stuff that she wanted had little value; the stuff that I wanted had a lot of value); beware of this trick and don't be afraid to ask for independent valuations of important assets/liabilities. The values of things like cars, boats, etc., can usually be determined by resources that your lawyer should already know about.

* not alcohol or drugs at any time while the kids are present.

My GF used the language of "no alcohol consumption to intoxication" with her ex, who is currently an out-of-control alcoholic. Also remember that there really isn't a parenting plan police, so enforcement will be difficult.

* Neither of us can introduce a new BF or GF to the children or have them sleep over while children are in our custody

This seems a little too restrictive. What if either of you wants to get married in the next six years? I would suggest that you come up with a slightly more flexible plan.

* Neither of us can tell the kids that BF GF will be their new mom/dad

This seems to be unnecessary but I can't imagine my kids calling my GF "mom". In fact, I wouldn't allow it. But if you think this is pertinent... by all means...

* Who ever is picking up must drive to the other parents house

Yes! This is important!

Along these lines, you need to set times and days for pick-ups.

Also, you need to think about holidays (which ones?). My xWW have only the following holidays: Mother's Day, Father's Day, Christmas, Thanksgiving, Labor Day weekend, and Memorial Day weekend. You could also include other holidays, like Independence Day, President's Day, your birthday, his birthday, etc.

My other suggestion on this is to have the pick-up times consistent. The pick-up times in my agreement are inconsistent and it gets confusing. On a regular day, she picks up the kids on Friday at 8am. But, if it's a holiday, she picks the kids at 9am.

You might also want to be clear about who and how the kids are getting to school. My agreement was kind of unclear.

* Vacations/trips must be discussed and agreed upon prior: 14 day for in state trips and 30 days for out of state/country trips.

My agreement allows two non-consecutive weeks of vacation each summer (and *only* summer). There is no need for agreement between us because it's a first-come, first-serve situation. I agree that permission should be required for taking the kids out of the country.

* Kids will stay in current school system until graduation

If you have primary custody, I would say that kids go to school where you are.

You need to be careful about preventing you from moving if you want in the future. You have 6 years until your youngest emancipates... that's a long time.

* College fees/tuition will be paid upon a % of income. IF we decide to pay for the kids college expenses.

In my location, divorce agreements cannot cover anything after the kids emancipate. Emancipation is when they are at least 18 years old and they graduate high school (or their high school class graduates).

The other thing that I recommend is that you listen to your lawyer and specifically... get into the habit of letting your lawyer speak first. You can always overrule your lawyer because you actually get to make the final decision.

Finally, don't take mediation too seriously. The mediator's job is to reach a settlement. Your lawyer's job is to get you the best settlement for you. Opposing counsel's job is to get your ex the best settlement for him.

The worst case is that mediation achieves nothing... and that's not terrible. You can always schedule another mediation session or negotiate without paying for a mediator to guide you.

Me: Crap, I'm 50 years old. D-Day: August 30, 2016. Two years of false reconciliation. Divorce final: Feb 1, 2021. Re-married: December 3, 2022.

posts: 5419   ·   registered: Aug. 31st, 2016
id 8670961
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homewrecked2011 ( member #34678) posted at 12:35 AM on Wednesday, June 30th, 2021

The biggest problem I had was xwh’s gf(aka ow) didn’t want to pay for extracurriculars, so they put a huge push on the kids to quit their activities. They wouldn’t pay, wouldn’t take son to trumpet lessons, told the kids they shouldn’t be in stuff. Ask your atty how to deal with that if it comes up.

Xh had to pick up/ return the kids to my driveway. Why should you be going to his place where it might set you back having to sit outside when gf will be there. -(my atty said once the D is final, you and he can date anyone and bring the kids around. In S.C. there is an allowable provision of no overnights with gf there, but my atty said free adults can date anyone they want and have their kids there.

You can search online for S.C. Judge Browns standard visitation to get some great ideas for your mediation. Just Google your state standard visitation and see what also shows up., some states have no smoking in car with minor children.

Also, your xh has to provide a copy of his most recent paycheck stub, that way you can see if he has any direct deposits you don’t know about. Also request his last years final paystub to see if he got any bonuses you weren’t aware of.

[This message edited by homewrecked2011 at 8:27 PM, June 29th (Tuesday)]

Sometimes He calms the storm. Sometimes He lets the storm rage, but calms His child. Dday 12/19/11I went to an attorney and had him served. Shocked the hell out of him, with D papers, I'm proud to say!D final10/30/2012Me-55

posts: 5508   ·   registered: Jan. 30th, 2012
id 8671030
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 AsUWish (original poster new member #77301) posted at 3:22 AM on Wednesday, June 30th, 2021

You all have given me a lot to consider. I have researched these items I have listed above for months. I do realize that some of them will be hard if not impossible to regulate, but they will give me peace of mind.

I do realize that I am asking for a lot--too much. I am doing this on purpose. I realize that I will not get everything that I want and want to have room for negotiations.

As far as child support it is for the essentials. Housing, food, clothing. Extracurriculars are not, in my opinion, grouped into the child support category. He is the one that encourages all these many many things the kids are involved in. I told him to let the kids do 2 things each and he overruled me many years ago and said they should be able to do what ever they want. He wasn't the one that was here and having to juggle all the overlapping schedules and take the kids everywhere. I only believe its fair that since he pushed them into the activities that he be responsible for them. Maybe I am just being bitter.

I realize that grown adults are free to do what they want. But I am also hopeful that we would not expose our children to "adult sleepovers" as this is not a way we ever were raised. I am trying to protect my kids and do what is right by them. If STBXH wants to sleep with his GF and have her spend the night that is fine, just not when my babies eyes are watching.

Alcohol consumption is a huge one for me as STBXH is an alcoholic. He has been caught several times in the past year by me and mutual friends trying to drive the kids while intoxicated. Since nothing has ever happened-- DUI, ticket.... I cannot take further action other than asking him to refrain from drinking while he has the kids. THis is probably more for my peace of mind than anything else.

I agree that the no introducing of BF/GF to kids is restrictive. It is ok to introduce the person to the kids. I have just heard so many horror stories about this it puts me on edge...

I am coming from very fresh wounds here and its hard to know if I am asking too much.

Thank you everyone who commented. It has helped me and shed some new perspectives as well.

posts: 48   ·   registered: Feb. 12th, 2021
id 8671066
Topic is Sleeping.
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