Divorce Mediation Copyright 2010 by Paul M. Levine All rights reserved 1

50% of couples are currently facing DIVORCE, yet each case is unique and complex. ALL are riddled with incredible stress and anxiety. (It is NOT a “one shoe” fits ALL proposition) 2

“ TRUE ADMINISTRATION OF JUSTICE IS THE FIRMEST PILLAR OF GOOD GOVERNMENT ” 3

When we think of the “ justice system ”, we think: 1. Due Process. 2. Equal “ justice ” under the law. 3. Innocence until proven guilty. 4. Liberty and Justice will prevail in the long term. 4

With the two lawyer, “adversarial format”, in a highly contested battle, ONLY the Courts, NOT THE LAWYERS make the final decisions! Decisions that BOTH parties are then mandated to live with after the divorce! Too often these Courts impose harsh “Decisions and Orders” that are impossible or impractical for BOTH parties! The costs and emotional stress to appeal these orders can be devastating! With the two lawyer, “adversarial format”, in a highly contested battle, ONLY the Courts, NOT THE LAWYERS make the final decisions! Decisions that BOTH parties are then mandated to live with after the divorce! Too often these Courts impose harsh “Decisions and Orders” that are impossible or impractical for BOTH parties! The costs and emotional stress to appeal these orders can be devastating! 5

Divorce is never easy! The key is to resolve ALL issues before loosing control. Before World War III breaks out and the bombs start dropping, it is wise to consult with a professional DIVORCE MEDIATOR to act as a go between to settle your disputes as a dignified, confidential and cost effective alternative. The alternative can be devastating to an entire family! 6

Couples MUST remain in control of the “divorce process”, when children are in the mix!!! Wife The Kids Husband 7

The four areas couples must focus on: 1. Equitable Distribution of Assets and Debts. 2. Custody and Visitation Agreements. 3. Maintenance (Alimony). 4. Child Support and Child Support Standards Act. 8

Equitable Distribution of Assets and Debts 1. Marital assets and marital debts are those acquired during the marriage regardless of who holds title. 2. These do not need to be divided equally but should be offset, one against the other. 3. Assets and debts acquired BEFORE or AFTER the marriage are NOT Marital assets. 3. Non-commingled gifts, inheritances or insurance awards are NOT marital assets. 9

Custody and Visitation Agreements Various elements that should be included or considered in such agreements: Child drop off and pick up times and places. Child drop off and pick up times and places. Weekly schedules of visitation. Weekly schedules of visitation. Holiday schedules, (sometimes alternated each year). Holiday schedules, (sometimes alternated each year). Summer recess schedules. Summer recess schedules. Special requirements of “ special needs ” children. Special requirements of “ special needs ” children. Medical emergencies, who can make decisions. Medical emergencies, who can make decisions. Religious instruction, what religion adopted. Religious instruction, what religion adopted. Who does the homework, after school activities, etc. Who does the homework, after school activities, etc. Who takes the tax deduction for the children (sometimes this is alternated every year). Who takes the tax deduction for the children (sometimes this is alternated every year). 10

Alimony, Maintenance, Post Marital Income Obligations. Spousal support can be awarded (or negotiated) to either party. Spousal support can be awarded (or negotiated) to either party. The current formula in calculating “ Post Marital Income Obligations ” is the LESSER of, 30% of payor ’ s income, minus 20% of payee ’ s income, OR 40% of the combined income (then subtracting out the payor ’ s income), up to a total income of $500, The current formula in calculating “ Post Marital Income Obligations ” is the LESSER of, 30% of payor ’ s income, minus 20% of payee ’ s income, OR 40% of the combined income (then subtracting out the payor ’ s income), up to a total income of $500, In addition, the duration of the support is based upon the length of the marriage. 0-5 years, 30% of the marriage, 5 years award increases 10%, 20 to 25 years, 100% of the marriage, OVER 25 years award is permanent. In addition, the duration of the support is based upon the length of the marriage. 0-5 years, 30% of the marriage, 5 years award increases 10%, 20 to 25 years, 100% of the marriage, OVER 25 years award is permanent. Payor ’ s who ’ s income falls under 135% of the “ Federal Poverty Guidelines ” to not have the means to make payments. Payor ’ s who ’ s income falls under 135% of the “ Federal Poverty Guidelines ” to not have the means to make payments. 11

Child Support and Child Support Standards Act 1. Establish a “ Custodial ”, “ Non-Custodial ” or “ Shared ” parenting arrangement. 2. The Non-Custodial Parent pays “ child support ” and “ mandatory ” and or “ mutually agreed to add- on ’ s ” to the Custodial Parent. 3. The child support standard is currently 17% of gross income for one child, 25% for two, 29% for three, 31% for four. 4. When the gross income of BOTH parents exceeds $130,000.00, the law permits, but does NOT require the Child Support Percentages. 5. The current poverty income level for singles is $10, and the self support reserve is $14, To calculate CT Child Support got to 7. Visit for more details and a better understanding of CT Child Support Laws 12

Ground Rules 1. The divorce mediator is a non-biased third party, employed to highlight the salient issues and keep you focused. 2. No cursing, baiting, or engaging in argumentative conduct. (a time out will be mandated if this course of conduct continues) 3. Do not ask the mediator to pick sides! 4. The faster this arrangement can accomplish a “ meeting of the minds ”, the less expensive, time consuming and stressful it becomes! 13

Divorce Mediation Joan T. Kloth-Zanard Joan T. Kloth-Zanard DIVORCE MEDIATION DIVORCE MEDIATION 1. Eliminates the TWO lawyer “ adversarial ” format. 2. Eliminates the possibility of court ordered “ law guardians ” and “ family therapists ”. 3. Eliminates the possibility of POLICE involvement! 4. Eliminates going to court, that then enables a judge to determine YOUR life plan going forward. 5. Reduces/eliminates the stress and anxiety! The goal: To make a life plan that best fits your needs. This is best option when children are in the middle! 6. Drastically reduces the COSTS and FEE ’ S associated with the “ traditional divorce ” ! 14

PAS INTERVENTION PAS Intervention is a Federally Tax-Exempt Charitable Organization approved for tax deductible contributions under Sec. 501(c)(3) of the IRS. PAS Intervention is a Federally Tax-Exempt Charitable Organization approved for tax deductible contributions under Sec. 501(c)(3) of the IRS. JOAN T. KLOTH-ZANARD EXECUTIVE DIRECTOR AND FOUNDER CELL/OFFICE