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Does Your Custody Arrangement / Parenting Plan Include Trick or Treating with Your Child on Halloween?

In mediating your divorce, one of the holidays that should be considered and specifically addressed in your parenting plan is Halloween. Halloween can be very important in a child’s life. It is a time for dressing up, candy, parties, and spending time with family and friends. While it may be all fun for the child, it can be a nightmare for the parents if it is not dealt with in advance.

Halloween is a holiday that falls on the same date each year but falls on a different day of the week each year. So what does this mean? It means that for divorcing parents, it should be raised and discussed and included in any parenting plan that is established. Why? Because if it is not specifically addressed, then one parent may be excluded from sharing this day with their child. A parenting plan may state that one parent has the child on Monday and Thursday and every other weekend. But what happens if Halloween falls on Tuesday? Can that parent still trick or treat with the child? This will depend on the nature of the arrangement between the parents; whether they can come to agreement, whether they are willing to share the day; etc. If dealt with in advance and written into your parenting plan, this will be a non-issue.

Some of the things that should be considered when negotiating a Halloween schedule, include, among others: 

·     will both parents be able to see the child on Halloween;

·     will the parents trick or treat together or split the day;

·     will you need to alter the drop off / pick up time;

·     will you need to alter the drop off / pick up location;

·     will one parent have the child on Halloween one year and the other parent the following year.

The more detailed the schedule is, the less likely that this day of fun will turn into a scary day of stress for the parents and/or the child.

Mediation is a place where the parties can create a schedule that works for their specific family and situation.

For more information on divorce mediation, what the mediation process entails, how to move forward with mediation or if mediation is the right process for you and your spouse, contact Sheree Donath, Esq. at Sheree@DonathLaw.com.

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Considering A Divorce? Is Mediation An Option For You? Answer These Questions

There are many questions to consider before deciding to move forward with divorce mediation. Review the below non-exclusive list of questions to help you decide whether mediation may be the right approach for you:

1.  Do you and your spouse both want to get the divorce?

2.  Are you and your spouse able to resolve your differences, including be in the same room and making joint decisions or compromising?

3.  Do you want to have control over the process?

4.  Are you interested in creative alternatives?

5.  Are you and your spouse interested in making the divorce process easier on yourself and your children?

6.  Are you and your spouse willing to put the needs of your children before your own needs?

7.  Are you and your spouse interested in resolving your divorce in a cost-effective manner?

8.  Are you and your spouse prepared to disclose all of your relevant financial data?

9.  Can you and your spouse come to agreement on issues?

10. Are you and your spouse willing to work together cooperatively to reach an agreement?

If you answered yes to the above questions, you may be a candidate for mediation.

A.  Are you a victim of domestic violence?

B.  Are there orders of protection against you or your spouse?

C.  Do you feel that your spouse will prevent you from speaking or over-power you?

D.  Are you afraid of your spouse?

E.  Are you looking for retribution?

If you answered yes to A through E, mediation is not the right approach for you.

To find out more about the mediation process, contact Sheree Donath at (516) 804-0274 or at sheree@donathlaw.com.

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Happy New Year from Donath Law, LLC

Donath Law, LLC Wishes You and Your Family a Very Happy, Healthy and Prosperous New Year.

A new year offers a chance for new beginnings. Now is the time to take action.

Contact Sheree Donath to find the best route to achieve your employment or marital goals for 2023.

It is time to put yourself first, take the steps that you have been dreaming about and turn them into a reality.

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Is Divorce Mediation the Best Option for Divorce?

Divorce is a trying time for all involved. Divorce mediation helps to alleviate some of the emotional and financial turmoil with a goal of maintaining a future relationship between the parties. In the mediation process, the parties have more control over the process. The parties can explore and agree on creative alternatives to finalize the divorce process.

Some of the items discussed in divorce mediation include, among others:

  1. Parenting plan and custody arrangements
  2. Child support and add on expenses
  3. Maintenance
  4. Debts owed by the parties
  5. Assets of the parties
  6. Benefits (i.e. health, dental, vision, life insurance)
  7. Retirement accounts (i.e. 401k, 403b, IRAs, pensions)

In discussing parenting time and custody arrangements we seek to do what is in the best interest of the children. Generally, if the parties cannot agree on time spent with the children (before any discussion of money), then the mediation process will likely be unsuccessful.

The mediation process follows legal guidelines for distribution of assets and debts, as well as payments of maintenance and child support. However, it also takes into account the costs for the parties to maintain and support two households and both be able to continue to live the lives they are accustomed to.

For more information on divorce mediation, contact Sheree Donath at sheree@donathlaw.com or click here.

To see if you are a candidate for divorce mediation, click here.

To determine what topics will be discussed at mediation and what documents are helpful to gather for divorce mediation, click here to obtain a checklist.

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Divorce Update – Increase in Income Cap When Calculating Maintenance and Child Support Goes into Effect on March 1, 2022

Divorce Signpost Means Custody Split Assets And Lawyers

Effective March 1, 2022, there are new guidelines to follow:

Maintenance: The income cap is increasing from $192,000 to $203,000

Child Support: The combined parental income cap is increasing from $154,000 to $163,000

Self Support Reserve: is increasing from $17,388 to $18,346.50

Poverty Income Guideline Amount (per a single person): is increasing from $12,880 to $13,590

If you are considering divorce mediation, or have questions about how this pertains to you, or how maintenance and/or child support are calculated, or have a current agreement you are entering into or may have already signed, contact Sheree Donath to schedule a consultation.

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What is “No Fault” Divorce and Can a Mediator Help Me File for a “No Fault” Uncontested Divorce?

Two keys with splitted or broken key rings with pendant in shape of house divided in two parts on wooden background with copy space. Dividing house when divorce, division of property, real estate heri
New York recognizes No Fault Divorce. What that means is that in New York a couple does not have to show that the marriage is ending due to the fault of the other spouse. Rather, all that must be shown is that the marriage has “irretrievably broken” for at least six months. Filing for an uncontested divorce using a “no fault” ground makes the divorce process quicker and easier since neither party is required to prove wrongdoing of the other person. Parties filing for a no fault uncontested divorce must still come to terms on all open issues prior to filing for an uncontested divorce. Such items include, among others, distribution of property (assets and debts), payment of maintenance (previously referred to as alimony), payment of child support, payment of add on expenses, parenting plans.

Mediation is generally a good choice for those interested in filing for an uncontested divorce based on the no fault ground. Mediation offers creative options and streamlines the divorce process. For more information on your options and to determine if mediation is a good choice for you, click here.

To find out more about what information you may need to move forward with divorce mediation and an uncontested divorce and to help you prepare for your divorce mediation session, click here.  For a divorce mediation checklist, click here.

To contact Sheree Donath, Esq. to understand the mediation process, click here or reach out by email to sheree@donathlaw.com.

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Time for a Divorce? Divorce Mediation is the Best Choice. See why it is Successful …

Divorce mediation is recommended because it is quicker, cheaper and a more flexible process. It is highly encouraged if there are children involved. Divorce mediation protects the children from being dragged through a long, contentious process. Mediation is a non-binding process, that can be terminated by either party at any point during the process. The mediator helps facilitate the parties coming to agreement on important terms.

In order for mediation to be successful, both parties have to want (or at least be willing) to be part of the process. There cannot be an imbalance of power. Both parties must be able and willing to speak up and participate.

In our mediation sessions, when there are children involved, the first point for discussion is the parenting plan. I have found that if the parties cannot first come to terms on the issues relating to the children, then the mediation often isn’t successful. In discussing the parenting plan, we discuss who has custody, where the children will live, can the parties relocate, how time is shared on holidays and vacations, what happens if schools close for remote learning, etc.

During the mediation we will discuss distribution of all assets and liabilities, including what kind of debts do the parties have? Who is responsible? Who will pay them going forward?

We will discuss maintenance (formerly referred to as alimony), child support and add-on expenses. The parties will discuss the formulas associated with calculating these amounts and decide if they want to negotiate and modify these amounts.

Other matters discussed include without limitation: distribution of money in bank accounts, stocks, bonds, bonuses, deferred comp., etc. There is discussion about health insurance – who has it and who will be responsible for maintaining it going forward. There is discussion about real estate and how any equity may be distributed. We also discuss distribution of retirement monies, i.e. pensions, 401K, 403b, etc. and life insurance – whether the parties have it or need to get it, as well as what happens should one or both of the parents pass away.

The mediation process ends when the parties come to agreement on all open issues. An agreement is prepared and the parties sign this agreement in front of a notary public. The parties are encouraged to have the agreement reviewed by their own attorneys so that they understand what they are legally entitled to and what they may be giving up. Signing the agreement, does not mean that the parties are divorced. The agreement is a contract that is enforceable in court. The agreement must be submitted to the Court (along with approximately 10-15 other documents as part of an uncontested divorce) for Court approval to obtain a divorce.

If you are considering the mediation process and want to see if you are a good candidate for this process, click here to see if mediation is the right option for you.

Presently many divorce mediation sessions are being done virtually. For more information about a virtual divorce mediation, click here.

If you are interested in moving forward with mediation, check out the checklists we have prepared at www.donathlaw.com. These checklists will help you prepare for your mediation and provide some insight on the documents you need to gather to be prepared for your mediation.

For more information, contact Sheree Donath at sheree@donathlaw.com or at 516-804-0274 or by clicking here.

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Happy New Year from Donath Law, LLC

May 2021 bring you, your family and friends health, happiness, prosperity and everything you have been dreaming about this past year.

As you embrace this new year, consider what will make you happy and how to accomplish that goal.

If you are thinking about changes in your employment or your marriage, start this new year right, and contact Donath Law, LLC to find out your rights and options.

After a long year, let’s remember that we still have some control over our destiny. Let’s together make 2021 the best it can be.

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Is your Parenting Plan back to school ready?

Schools are reopening and are operating with new changes in the classroom and virtually. Parents must adapt and ready to navigate this new and fluid environment. Aside from preparing for the unknown school year, parents going through a divorce should consider how the changing environment and new way of school will effect their parenting time with their child(ren). Even parents who have parenting plans in place already may want to modify these plans to update them to include terms related specifically to their child(ren)’s daily education.

The following thoughts may be helpful to include in any new or updated divorce agreements and parenting plans:

(1) Whether one or both parents will make the decision if the child(ren) attend school in person or virtually and if optional, for how many days per week. And whether the decision is one for a short period of time or will continue for the entire school year.

(2) If virtual learning, will one or both parents be responsible for/ present to assist with the child(ren)’s learning/ education? (i.e. help them log in online; make sure they understand, do and submit the assignments; etc.)

(3) Will one or both parents be responsible for assisting with homework?

(4) Will one or both parents be able to work from home should the child(ren) have to quarantine or if the school closes? Or will one or both parents hire someone to assist with the child(ren)’s schooling at home while the parents are at work? Will that be someone from the family or will it be an additional cost and if paying the person, which parent or both will be responsible for any additional costs.

(5) Will one or both parents make the decision to change the child(ren) from in school learning to virtual learning? And if virtual learning, will that be for the whole school year or a quarter? Or how often will the decision be considered or changed? Does the child(ren) have any input into the decision?

(6) Will the child(ren) be able to see both parents if the child(ren) or parent(s) are sick or have been exposed to the coronavirus?

(7) Will the child(ren) be able to attend college? Rent an apartment? Stay in a dorm? Will the parents agree to pay the same tuition if online learning at a university rather than in person learning at a college?

While there are a multitude of questions and unknowns in the current pandemic, some issues can be mapped out for the parents and the children so that there are a few less levels of mystery and anxiety for the parents and the children.

Click on this link to review other items of consideration in preparing a parenting plan.

Parties willing to discuss and resolve these issues can do so with the help of a mediator. If you seek assistance with preparing or modifying your Parenting Plans, contact Sheree Donath at 516-804-0274 or sheree@donathlaw.com or by clicking here.

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