Our Divorce Mediation Blog - Westfield Mediation, LLC

Enforcing The Agreement

5/24/2019

One of the many advantages of divorce mediation, is that the agreement is not binding until it is filed with the Court. As a result, we can continue to make changes to the arrangements if needed. Sometimes, at Westfield Mediation, LLC , we suggest that the divorcing couple start following the agreement as we make it to see how it works for them. For example, if they created a parenting schedule in mediation, they can try it out to see how it plays out in real life. On the financial side, mediation clients sometimes begin closing their joint accounts and start separating their finances. By living the agreement while working on it, they can fine-tune their plans as we go.

For some families, the fact that the agreement isn’t yet binding can sometimes lead to confusion. If one spouse does not follow the provisions that we arrived at during mediation, the other person has little recourse until the agreement documents are filed with the Court. For example, if one parent does not pick up the children on his/her designated day or he/she drags his/her feet going to the bank to change the accounts, there is not much the other spouse can do until the Court signs off on the plan.

At that point, all the provisions are enforceable, and the ex-spouses can get the Court involved to make sure each party does what he/she agreed to do. Luckily, if follow-through is a concern, the fact that couples can complete their agreement fairly quickly in divorce mediation enables them to get to a place in a short time where they can create and file an agreement that the Court will enforce.

For more information on divorce mediation, please contact Randi M. Albert, JD, or Michelle Weinberg, M. Ed., Licensed Marriage and Family Therapist, at Westfield Mediation, LLC at 908.913.0373. View our website at www.westfieldnjmediation.com or email us at info@westfieldnjmediation.com.

INFORMATION ABOUT DIVORCE

5/10/2019

Knowledge is power. So how can you gather information when getting a divorce? Sometimes people turn to their friends, family or colleagues to discuss divorce. This can be a little tricky. There is often a lot of misinformation shared from these well intended people. We often hear our clients mention that they heard that their cousin’s friend got XXX amount in alimony, their co-worker’s neighbor never gets to see the kids, or they run the child support calculator their neighbor used and panic. You have to make sure when seeking information that it is coming first-hand from a knowledgeable source. Also, each divorce has a unique set of circumstances, so your divorce is not going to be the same as your neighbor’s or cousin’s divorce.

A lot of people look online as a first step. Maybe they want information about divorce but they don’t want to tell anyone just quite yet. There is some good information on the internet mixed in with some bad stuff as well. It is important to know your source. A lot of our clients first call and then say that they don’t know where to start or what to ask now that they have us on the phone. We reassure them that this is very common and give some basic information about the process of divorce mediation and how Westfield Mediation, LLC, can help them. People tend to find this initial information helpful and use it to make the next steps, which may entail speaking to their spouse, scheduling an appointment, or just thinking more about their options.

You can’t draw on past personal experience for answers because this is your first (and hopefully only) divorce. So, you seek out information. But sometimes searching for the answers in the wrong place can really just lead to more problems. The professional mediators at Westfield Mediation, LLC, are available to help give you the real-deal information you need to make good choices.

For more information on divorce and divorce mediation, please contact Randi M. Albert, JD, or Michelle Weinberg, M. Ed., Licensed Marriage and Family Therapist, at Westfield Mediation, LLC at 908.913.0373. View our website at www.westfieldnjmediation.com or email us at info@westfieldnjmediation.com.

More About Divorce and Taxes

4/26/2019

While tax filing day has passed for this year, taxes are still an important issue for couples going through divorce. There have been some changes to the tax code this year that specifically affect divorcing couples. During divorce mediation at Westfield Mediation, LLC, we always talk about the tax implications of any financial agreement, and we encourage our clients to speak to their accountants as well.

The big change this year affected alimony (spousal support). Until 2019, the paying spouse got a tax deduction for alimony payments and the receiving spouse was taxed on the income. Starting this year, the rule reversed so the paying spouse is taxed on the income and the receiving spouse is not. As a result, a new calculation is needed to get to the same amount of alimony paid and received. Another tax change that impacts divorcing couples is the new cap on the deductions for mortgage interest. This policy change has made home ownership more expensive in New Jersey which also has to be considered when creating a financial plan for the future. Finally, the rules regarding tax exemptions for children was eliminated and replaced with a tax credit based on income, which may affect how much each spouse pays the IRS.

While each of the changes needs to be factored into a divorce agreement, in divorce mediation, we break the process down into small steps so it is not overwhelming to our clients. We recognize that getting divorced is an emotional process, and we help explain the money issues so that couples can create an agreement that works for their financial future.

For more information on financial plans or divorce mediation, please contact Randi M. Albert, JD, or Michelle Weinberg, M. Ed., Licensed Marriage and Family Therapist, at Westfield Mediation, LLC at 908.913.0373. View our website at www.westfieldnjmediation.com or email us at info@westfieldnjmediation.com.

TAXES AND DIVORCE

4/12/2019

April 15 is either the best of times or the worst of times, depending on if you owe or get a refund. One of the main reasons there is no such thing as a legal separation in New Jersey is due to taxes. The government cares if you are married or not and which box you check on your tax return so they know how to process your tax return paperwork. A legal separation would muddy the tax waters too much. One main tax issue to consider when you are getting divorced is who is claiming the children for tax purposes. You do not have to be the parent of primary residence to claim a child as a dependent. You can fill out an additional form when doing your taxes that allows you to claim a child as a dependent even if they lived with you for less than half the year.

Your divorce agreement should also address how to handle a future audit that addresses the time you were married. What if you get audited three years from now for 2018 and you were divorced in 2019? Additionally, how are you handling your current tax refund/tax bill that addressed the time you were married even though you are now divorced. For example, if you finalized your divorced in January but are due a refund/bill this April for the previous tax year, a tax year in which you were still married.

There are so many issues to consider when getting divorced. At Westfield Mediation, LLC, our divorce mediators help couples address them all, including the tax issues. A mediator knows all the issues to address and does not let any slip through the cracks, like the taxes. What you don’t want is to get divorced in January and then have to go back to court in April because your divorce agreement does not address your tax bill/refund and you do not agree on how to resolve it.

For more information on divorce and divorce mediation, please contact Randi M. Albert, JD, or Michelle Weinberg, M. Ed., Licensed Marriage and Family Therapist, at Westfield Mediation, LLC at 908.913.0373. View our website at www.westfieldnjmediation.com or email us at info@westfieldnjmediation.com.

Communicating during and after Divorce

3/29/2019

Divorcing or divorced couples often have trouble communicating. Indeed, in many cases, this inability to exchange information or ideas contributed to the end of the marriage. Nevertheless, because our divorce mediation clients usually need to have some relationship post-divorce – either as co-parents or co-financial partners, in divorce mediation, we often address how to interact more effectively and civilly with your ex.

For divorced parents sharing custody of their children, it is vitally important to have a way to communicate with each other that minimizes misunderstandings and stress. At Westfield Mediation, LLC, we advise our divorce mediation clients to have a shared calendar of kids’ activities so everyone knows where the family members need to be. To cut down on disputes, we suggest texting and email, rather than relying only on phone conversations – communications in writing may lead to less confusion and fewer arguments down the road.

For both co-parents and co-financial partners, we recommend providing reasonable notice of any plans to come by the other person’s home – essentially showing the same courtesy you would extend to a friend or neighbor. And if parenting or financial plans change for some reason, we suggest texts or email about these developments as well. Simple steps to keep the relationship civil and courteous can go a long way toward keeping the peace and reducing the drama for divorcing or divorced couples.

For more information on parenting or financial plans or divorce mediation, please contact Randi M. Albert, JD, or Michelle Weinberg, M. Ed., Licensed Marriage and Family Therapist, at Westfield Mediation, LLC at 908.913.0373. View our website at www.westfieldnjmediation.com or email us at info@westfieldnjmediation.com.

ACRONYMS OF DIVORCE

3/15/2019

When you are getting divorced you learn some new acronyms like PAR, PPR, CIS, QDRO. But what does all of this really mean in plain English? At first the new vocabulary of divorce can feel overwhelming. But with the help of a divorce mediator at Westfield Mediation, it can all become quite clear quite easily.

PAR and PPR are interrelated and have to do with parenting. PAR is the parent of alternate residence and the PPR is the parent of primary residence. The parent of primary residence is the parent with whom the child/children spend more than 50% of their time. The PAR is the parent with whom the child/children reside when not residing with the PPR. Practically speaking, when determining child support in New Jersey one parent is the PPR and one parent is designated as the PAR and the formula is calculated. When both parents share time equally the calculation is done with Parent A as the PPR and Parent B as the PAR. It is then recalculated with Parent B being the PPR and Parent A as the PAR and a final calculation is determined. It is a lot of acronym to describe how much time the kids spend with their parents.

A CIS- not CSI like the TV show- is a Case Information Statement. A Case Information Statement is a form you need to complete for the courts. It is not fun, but it is necessary. Take a look. In divorce mediation we address Part D of the CIS- the budgets- and Part E- Balance Sheet of Assets and Liabilities. So, most of this form can be tackled in mediation.

And finally- a QDRO. QDRO (quad-row) stands for Qualified Domestic Relations Order. It is used when dividing up a retirement account in a divorce. All plans are different and not every plan needs a QDRO, so be sure to check with your plan administrator to determine if a QDRO is needed to divide your retirement account. The judge needs to sign the order and then it is sent to your plan administrator. The plan administrator will then know that this retirement fund is being distributed to two people, instead of one, according to the terms of the divorce. It is a very important form to complete and can have major tax implications if done incorrectly.

To learn more about the vocabulary of divorce and divorce mediation, please contact Randi M. Albert, JD, or Michelle Weinberg, M. Ed., Licensed Marriage and Family Therapist, at Westfield Mediation, LLC at 908.913.0373. View our website at www.westfieldnjmediation.com or email us at info@westfieldnjmediation.com.

Role of the mediator

3/1/2019

What is the role of the mediator in divorce mediation? At Westfield Mediation, LLC, we believe that the mediator should be your guide through the process. A divorce mediator is different from a judge or arbitrator who takes sides in disputes and makes pronouncements on how issues should be settled.

A mediator’s role is not to take one side or another in a couple’s long-simmering arguments. Instead, a mediator focuses on crafting a practical plan for the future. She helps the divorcing couple come to an agreement by explaining the options and by asking the right questions about the issues of parenting, child support, alimony, and the division of assets and debts. Her job is to make certain that the divorce agreement is both comprehensive and flexible enough to work over time.

In divorce mediation, we break the process down into small, manageable steps. In most cases, divorcing couples can agree on some issues right away, and we can address areas of agreement first, and then move onto harder topics. Based on experience working with divorcing couples, divorce mediators help clients work through any sticking points by promoting compromise and shared interests. In general, the divorce mediator’s role is to ensure that the agreement is fair and equitable, and that each spouse has a voice in designing the final product.

For more information on parenting or financial plans or divorce mediation, please contact Randi M. Albert, JD, or Michelle Weinberg, M. Ed., Licensed Marriage and Family Therapist, at Westfield Mediation, LLC at 908.913.0373. View our website at www.westfieldnjmediation.com or email us at info@westfieldnjmediation.com

WHO PAYS FOR DIVORCE MEDIATION?

2/15/2019

Who pays for divorce mediation? In divorce mediation no upfront retainer fee is required. You pay for the time that you use as you use it. So, after each meeting you pay for that hour meeting. Sometimes the mediator spent time in between meetings writing up part of your divorce agreement and you have to pay for that time too. Thus, each meeting can cost a different amount. Some couples have one person pay for one meeting and the other person will get the next one. But if the goal is for each person to pay half, this procedure might not work out equally.

Overall the cost of divorce mediation is really significantly less than a litigated divorce. But it is not free. And the cost of paying for this service needs to be addressed. The mediator has no preference who pays for what or in what form (cash, check, credit card). Often times if the couple still have a shared bank account, credit card or other asset, the cost can be paid for out of a shared account. If the couple no longer or never did share finances then the couple has to decide who is paying for what.

At Westfield Mediation, LLC we address our fee before your first meeting, but do not decide for you how to pay for it. We can certainly help the couple figure this out, but ultimately it is the couple’s decision. Sometimes, people need a payment plan to better budget a larger fee to coincide with their paychecks. Many times, couples each pay their portion of the fee that week by separate checks. Other times one person pays for it all every time. There is no standard way of how you must pay for mediation. Just another wonderful way divorce mediation is flexible and can work with you and your situation.

For more information on divorce mediation, please contact Randi M. Albert, JD, or Michelle Weinberg, M. Ed., Licensed Marriage and Family Therapist, at Westfield Mediation, LLC at 908.913.0373. View our website at www.westfieldnjmediation.com or email us at info@westfieldnjmediation.com.

Things to Think about if Getting Divorced

2/1/2019

Getting divorced can feel overwhelming.

In divorce mediation, at Westfield Mediation, LLC, we break the process down into small steps for our clients. That makes it more manageable and less stressful. While no prior preparation is needed to start the process, there are some basic questions you can ask yourself before going down this path, so that you feel more ready and in control.

First, if you have children, consider what would be the best plan for the kids. The standard for any parenting plan is “the best interest of the children”, so that mantra should guide your thinking. You can ask yourself, would the kids do best if the parents shared parenting time 50/50 or would they thrive with a different plan that took into account the parents’ work schedules? Do you need to stay in town or a certain part of town, so that they can continue at their schools? Or do you have a better network of family and friend support in a different location? You should try to keep your children’s lives as normal as possible during this process by limiting any conflict in your home. Most children can adjust to a new routine, as long as you provide consistency and support throughout the transition.

When you consider the financial part of the situation, you need to know how much money each of you earns now, as well as your earning potential, especially if one of you is currently working part-time or not at all because of family responsibilities. It is also useful to think about what assets and debts you have acquired over the marriage, and how much you spend on a monthly basis for housing and other basic expenses as well as the extras. Each of these factors will provide the basis for your financial plan going forward.

In divorce mediation, we guide our clients through the process to reach an agreement that works for their particular family. We help them ask and answer the questions that will get them to the right place for them.

For more information on parenting or financial plans or divorce mediation, please contact Randi M. Albert, JD, or Michelle Weinberg, M. Ed., Licensed Marriage and Family Therapist, at Westfield Mediation, LLC at 908.913.0373. View our website at www.westfieldnjmediation.com or email us at info@westfieldnjmediation.com.

COMMUNICATION AND DIVORCE MEDIATION

1/18/2019

If you have kids then you will have to keep communicating with your ex-spouse after your divorce. With modern technology, you can text or email if you don’t want to have an actual conversation, but you can’t just cut the other person out of your life. One of the benefits of divorce mediation is that you communicate directly and in-person with your co-parent throughout the divorce process. This helps build the foundation for successful post-divorce conversations. If you choose collaborative divorce you have the option to talk directly with your co-parent or have your attorney speak on your behalf with you there. In a collaborative divorce both parties have meetings with their collaborative divorce trained attorneys present- a 4-way meeting each and every time. This can get very expensive and is not always needed if co-parents can be guided to speak with one another and not through another party. If you litigate your divorce then you each pay your attorneys to talk to one another about the divorce and you don’t communicate directly with your co-parent at all. This can get super expensive very quickly and make for a difficult rest of your life co-parenting relationship.

In divorce mediation, each person has the ability to consult with attorneys privately, in between mediation meetings. This allows you to attend mediation with knowledge and confidence about making important decisions in your life. Mediation also allows you to learn to speak directly with your co-parent about important and difficult topics. You start to see that not every conversation turns in to a WWE match. You build positive momentum and move forward towards a successful co-parenting relationship.

At Westfield Mediation, LLC, our mediators witness this transformation all the time. Couples who come in on very bad terms and barely speaking end the process with a divorce plan in place and open communication. They understand how to talk with one another and that they will have to do so as things come up about the kids.

For more information on divorce and divorce mediation, please contact Randi M. Albert, JD, or Michelle Weinberg, M. Ed., Licensed Marriage and Family Therapist, at Westfield Mediation, LLC at 908.913.0373. View our website at www.westfieldnjmediation.com or email us at info@westfieldnjmediation.com.