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	<title>DivorcebyAgreement.com</title>
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	<description>Untying the Knot doesn&#039;t mean Untying the Family</description>
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		<title>Divorce And Insurance</title>
		<link>http://divorcebyagreement.com/?p=61</link>
		<comments>http://divorcebyagreement.com/?p=61#comments</comments>
		<pubDate>Sun, 05 Feb 2012 08:36:36 +0000</pubDate>
		<dc:creator>SaulCimbler</dc:creator>
				<category><![CDATA[General Info]]></category>

		<guid isPermaLink="false">http://divorcebyagreement.com/wordpress/?p=61</guid>
		<description><![CDATA[During the course of your divorce proceedings and the negotiations that go with it, one topic that is often overlooked or taken for granted is insurance. It seems to be one of those things that people don&#8217;t think about until &#8230; <a href="http://divorcebyagreement.com/?p=61">Continue reading <span class="meta-nav">&#8594;</span></a>]]></description>
			<content:encoded><![CDATA[<p>During the course of your divorce proceedings and the negotiations that go with it, one topic that is often overlooked or taken for granted is insurance. It seems to be one of those things that people don&#8217;t think about until they need it. The lack of adequate insurance for yourself, your spouse, or your children can lead to financial ruin. When you separate you should take a look at all your insurance policies including:</p>
<p>&nbsp;</p>
<p><strong>Health Insurance </strong></p>
<p>&nbsp;</p>
<p>Health insurance coverage is something that must be dealt with in the final divorce agreement. Who pays for what should be stated clearly so that there is no confusion. If there are children involved, you and your spouse must come to an agreement on who will carry coverage for them. Usually whoever had the coverage for the children before the divorce would continue that coverage. You must also decide who is responsible for unreimbursed medical expenses for the children. A general rule of thumb is that each parent is responsible for a percentage of these expenses. The percentage is usually based on the percentage of each parent&#8217;s income to the total of his or her combined incomes at the time the divorce agreement is finalized. For instance if parent &#8216;A&#8217; earns $30,000, and parent &#8216;B&#8217; earns $20,000, their combined income is $50,000. The percentage for parent &#8216;A&#8217; would be 60% ($30,000 divided by $50,000) while the percentage for parent &#8216;B&#8217; would be 40% ($20,000 divided by $50,000).</p>
<p>&nbsp;</p>
<p><strong>COBRA </strong>- If you had your medical coverage through your spouse&#8217;s employer-sponsored health plan before you became legally separated or divorced, you may be entitled to continued coverage under the COBRA law.</p>
<p>&nbsp;</p>
<p>In 1985, Congress passed the Consolidated Omnibus Budget Reconciliation Act (COBRA), which provides for the continuation of group health insurance that otherwise would be terminated. It contains provisions giving certain former employees, retirees, spouses and dependent children the right to temporarily continue their health coverage at group rates. The act applies to employers with 20 or more employees. Under this act, any person who would lose employer-based coverage because of divorce can choose to purchase continued coverage for up to 36 months.</p>
<p>&nbsp;</p>
<p>As you can see, there are guidelines and restrictions to the COBRA law. Your attorney can advise you if you qualify for coverage. If you do qualify, the coverage is not automatic. You need to contact the employer within 60 days of the divorce and complete the necessary paperwork. The employer is not responsible for the payment of your premiums. That is the responsibility of you or your ex-spouse, depending upon the terms of your divorce settlement.</p>
<p>&nbsp;</p>
<p>While going through a divorce is a turbulent time your health should always be a priority. If for some reason you do not qualify for COBRA coverage it would be in your best interest to consider some sort of medical coverage. Understandably, health insurance is extremely costly. If you are unable to afford a standard health insurance policy, you might want to consider a policy that would cover catastrophic medical emergencies.</p>
<p><a id="Life" name="Life"></a><strong></strong></p>
<p>&nbsp;</p>
<p><strong>L</strong><strong>ife Insurance </strong></p>
<p>&nbsp;</p>
<p>Most people already have a life insurance policy of some sort. If you do, you should carefully review them to insure that they are sufficient for your new needs. You may want to change your beneficiary as well. Check with your attorney before making any changes to your policies, as some states will not allow changes to be made during divorce proceedings.</p>
<p>&nbsp;</p>
<p>If you now provide the majority of support for any dependants you may need to increase your policy. You may also want your spouse to carry coverage if you depend on their income for child support and/or alimony. This is an issue that should be clearly stated in your separation or divorce agreement.</p>
<p>&nbsp;</p>
<p>When determining how much life insurance you will need you should take into consideration your current and future financial needs. Do you have children that will be attending college? Do you have large debts that you do not want your survivors saddled with?</p>
<p><a id="Disb" name="Disb"></a><strong></strong></p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p><strong>D</strong><strong>isability Insurance</strong></p>
<p>&nbsp;</p>
<p>Most people don&#8217;t think about becoming disabled. However, some statistics show that if you are under the age of 65, you are twice more likely to become disabled than you are to die.</p>
<p>&nbsp;</p>
<p>Disability insurance pays the insured a monthly benefit in the event that the insured person is disabled and unable to work. The amount of the benefit can be either a percentage of the insured&#8217;s income or a preset dollar amount.</p>
<p>&nbsp;</p>
<p>This type of insurance is important if alimony and or child support payments are ordered, especially if the payer has no other source of income to make those payments.</p>
<p>&nbsp;</p>
<p>Many people believe that Social Security will provide coverage if they become disabled. Remember that the Social Security Administration is a part of the Federal Government. You will be dealing with a Federal bureaucracy when you file a claim with them. Social Security has very specific guidelines that it follows with varying benefit levels for disability claims. The amount you would receive from Social Security is based upon your earnings and your age at the time of disability.</p>
<p>&nbsp;</p>
<p>The monthly cash benefit for a worker that was disabled in 1998 had a maximum of $1,587.00 per month. The corresponding maximum for a worker with a family is $2,380. Remember those are the MAXIMUM payments. In 1997 the average benefit paid to a disabled worker was $708. The average payment to a worker with dependants was $1,132.</p>
<p>&nbsp;</p>
<p>Before purchasing disability insurance you should consider what your need would be in the event you became disabled. Look at your budget. What expenses do you have in addition to normal living expenses? What if any of these would not apply if you were disabled, such as commuting costs? What expenses would increase? Do you have any other sources of income, such as investment income that you could use? Speak to an insurance specialist who will be able to help determine specifically what your needs are.</p>
<p><a id="Home" name="Home"></a><strong></strong></p>
<p>&nbsp;</p>
<p><strong>H</strong><strong>omeowners/ Renters </strong></p>
<p>&nbsp;</p>
<p>Homeowner&#8217;s/Renter&#8217;s insurance covers the value of the items in your residence against damage and/or theft. There are certain limitations to these policies so it is wise when you move into a new place to do an inventory of your possessions in order to determine your needs. Some items are only covered to a certain amount in standard policies. If you have items of value such as antiques, jewelry or collectibles you may need what is called a &#8220;floater&#8221; to cover these items. Every policy is different so speak to your insurance agent for a policy that will meet your specific needs.</p>
<p><a id="Auto" name="Auto"></a><strong></strong></p>
<p>&nbsp;</p>
<p><strong>A</strong><strong>uto Insurance</strong></p>
<p>&nbsp;</p>
<p>Auto insurance covers damage to your vehicle and damage that it may cause to another person&#8217;s property. Auto insurance is regulated by the state in which you live so every state is different. When you separate, inform your insurance agent. Remember, if you and your spouse were on one policy you may need to get separate policies if not living in the same residence. Additionally, your separation agreement should clearly state who is responsible to pay auto insurance premiums.</p>
<p align="center">
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		<item>
		<title>Divorce Do&#8217;s &amp; Dont&#8217;s</title>
		<link>http://divorcebyagreement.com/?p=59</link>
		<comments>http://divorcebyagreement.com/?p=59#comments</comments>
		<pubDate>Sun, 05 Feb 2012 08:33:42 +0000</pubDate>
		<dc:creator>SaulCimbler</dc:creator>
				<category><![CDATA[General Info]]></category>

		<guid isPermaLink="false">http://divorcebyagreement.com/wordpress/?p=59</guid>
		<description><![CDATA[THINK BEFORE YOU ACT&#8211; WE ARE ALL HUMAN, BUT USE COMMON SENSE Pre &#38; Post Divorce as well as during the divorce are extremely turbulent and emotional times. You WILL find yourself thinking and doing things that you would not &#8230; <a href="http://divorcebyagreement.com/?p=59">Continue reading <span class="meta-nav">&#8594;</span></a>]]></description>
			<content:encoded><![CDATA[<p style="text-align: center;"><strong>THINK BEFORE YOU ACT&#8211;</strong></p>
<p style="text-align: center;"><strong>WE ARE ALL HUMAN, BUT USE COMMON SENSE</strong></p>
<p style="text-align: center;">
<p>Pre &amp; Post Divorce as well as during the divorce are extremely turbulent and emotional times. You WILL find yourself thinking and doing things that you would not normally do. The most devoted of parents have been known to put their children in the middle. Often times you will hear somebody say, &#8220;I just don&#8217;t know this person anymore&#8221; about somebody in the process of a divorce. They are right. Most people do go through some sort of metamorphosis during their divorce. We tend to be much more emotional and rash in our decision-making. It&#8217;s part of the process that we must watch very carefully. Try to always think before you act. What will be the effect of today&#8217;s action tomorrow?<strong></strong></p>
<p>&nbsp;</p>
<p><strong>This is a list of things that under normal circumstances most people would never do. This list is not exhaustive of all issues, and was developed based on personal experiences reported by different professional whose clients had these things done to them, or as much as we may hate to admit it, having done some of these themselves. If you can follow these guidelines, you will find that you behaved in a mature rational way. Not only can you be proud but also you will find that things will be better in the long run. Easier said than done but give it your best try.</strong></p>
<p>&nbsp;</p>
<hr />
<table style="width: 620px;" border="0" cellspacing="0" cellpadding="0">
<colgroup>
<col width="52" />
<col width="568" /></colgroup>
<tbody>
<tr>
<td class="xl78" width="52" height="34"><span style="font-size: small;"><span style="color: #3f4040;">DON&#8217;T </span></span></td>
<td class="xl78" width="568"><span style="font-size: small;"><span style="color: #3f4040;">Put your children in the middle of your divorce. The divorce is between you and your spouse. The children are innocent victims. </span></span></td>
</tr>
<tr>
<td class="xl78" width="52" height="34"><span style="font-size: small;"><span style="color: #3f4040;">DO </span></span></td>
<td class="xl78" width="568"><span style="font-size: small;"><span style="color: #3f4040;">Show them the love and attention they deserve. Make sure that they know they are not the reason for the divorce. </span></span></td>
</tr>
<tr>
<td class="xl78" width="52" height="34"><span style="font-size: small;"><span style="color: #3f4040;">DON&#8217;T </span></span></td>
<td class="xl78" width="568"><span style="font-size: small;"><span style="color: #3f4040;">Stop the children from seeing your (ex)spouse during their scheduled visitation time because he/she owes you money. </span></span></td>
</tr>
<tr>
<td class="xl78" width="52" height="68"><span style="font-size: small;"><span style="color: #3f4040;">DO </span></span></td>
<td class="xl78" width="568"><span style="font-size: small;"><span style="color: #3f4040;">Try to resolve the matter with your (ex)spouse. If the two of you can&#8217;t resolve the problem then contact your attorney to or mediator and try to work them out.  If that isn’t possible, contact an attorney to find out what legal actions you can take. </span></span></td>
</tr>
<tr>
<td class="xl78" width="52" height="17"><span style="font-size: small;"><span style="color: #3f4040;">DON&#8217;T </span></span></td>
<td class="xl78" width="568"><span style="font-size: small;"><span style="color: #3f4040;">Put your spouse down in front of the children. </span></span></td>
</tr>
<tr>
<td class="xl78" width="52" height="68"><span style="font-size: small;"><span style="color: #3f4040;">DO </span></span></td>
<td class="xl78" width="568"><span style="color: #3f4040; font-size: small;">Show respect towards your spouse in front of the children. If you can&#8217;t do that then do not say anything at all. It will only come back to haunt you as well as send the wrong message to the children and your spouse rightfully will use itr against you in court</span></td>
</tr>
<tr>
<td class="xl78" width="52" height="17"><span style="font-size: small;"><span style="color: #3f4040;">DON&#8217;T </span></span></td>
<td class="xl78" width="568"><span style="font-size: small;"><span style="color: #3f4040;">Use your children as a negotiating ploy during the settlement process. </span></span></td>
</tr>
<tr>
<td class="xl78" width="52" height="34"><span style="font-size: small;"><span style="color: #3f4040;">DO </span></span></td>
<td class="xl78" width="568"><span style="font-size: small;"><span style="color: #3f4040;">Be honest and up front. Judges know when the children are being used and do not look highly upon such tactics. </span></span></td>
</tr>
<tr>
<td class="xl78" width="52" height="34"><span style="font-size: small;"><span style="color: #3f4040;">DON&#8217;T </span></span></td>
<td class="xl78" width="568"><span style="font-size: small;"><span style="color: #3f4040;">For example, spend $1,000 on attorney fees fighting over a $150 piece of furniture. </span></span></td>
</tr>
<tr>
<td class="xl78" width="52" height="34"><span style="font-size: small;"><span style="color: #3f4040;">DO </span></span></td>
<td class="xl78" width="568"><span style="font-size: small;"><span style="color: #3f4040;">Use good business sense when deciding what to fight for and at what cost should you fight for it. </span></span></td>
</tr>
<tr>
<td class="xl78" width="52" height="68"><span style="font-size: small;"><span style="color: #3f4040;">DON&#8217;T </span></span></td>
<td class="xl78" width="568"><span style="font-size: small;"><span style="color: #3f4040;">Get greedy. It doesn&#8217;t matter if you wanted the divorce or your spouse did. Just because you&#8217;re hurt and your emotions are running high, does not mean that you are entitled to more than the law allows. This attitude will cost you unnecessary attorney fees and the judicial system doesn&#8217;t care about your personal feelings. </span></span></td>
</tr>
<tr>
<td class="xl78" width="52" height="51"><span style="font-size: small;"><span style="color: #3f4040;">DO </span></span></td>
<td class="xl78" width="568"><span style="font-size: small;"><span style="color: #3f4040;">Be reasonable and flexible. Find out from your attorney what you are entitled to under Florida law law regarding equitable distribution, alimony and child support and time sharing (its not called Custody!). </span></span></td>
</tr>
<tr>
<td class="xl78" width="52" height="34"><span style="font-size: small;"><span style="color: #3f4040;">DON&#8217;T </span></span></td>
<td class="xl78" width="568"><span style="font-size: small;"><span style="color: #3f4040;">Use your children as a therapist. They are not equipped to handle the emotional strain being placed on them. </span></span></td>
</tr>
<tr>
<td class="xl78" width="52" height="17"><span style="font-size: small;"><span style="color: #3f4040;">DO </span></span></td>
<td class="xl78" width="568"><span style="font-size: small;"><span style="color: #3f4040;">Get professional help if you need it to cope with your divorce. </span></span></td>
</tr>
<tr>
<td class="xl78" width="52" height="51"><span style="font-size: small;"><span style="color: #3f4040;">DON&#8217;T </span></span></td>
<td class="xl78" width="568"><span style="color: #3f4040; font-size: small;">Let your friends tell you what to do. Though they mean well they are not experienced in the coming and goings of a matrimonial courtroom and their personal experience in a divorce is different from yours—don’t generalize</span></td>
</tr>
<tr>
<td class="xl78" width="52" height="17"><span style="font-size: small;"><span style="color: #3f4040;">DO </span></span></td>
<td class="xl78" width="568"><span style="font-size: small;"><span style="color: #3f4040;">Listen to your attorney, he/she knows more than your friends.  </span></span></td>
</tr>
<tr>
<td class="xl78" width="52" height="17"><span style="font-size: small;"><span style="color: #3f4040;">DON&#8217;T </span></span></td>
<td class="xl78" width="568"><span style="font-size: small;"><span style="color: #3f4040;">Depend upon your memory. </span></span></td>
</tr>
<tr>
<td class="xl78" width="52" height="34"><span style="font-size: small;"><span style="color: #3f4040;">DO </span></span></td>
<td class="xl78" width="568"><span style="font-size: small;"><span style="color: #3f4040;">Document everything that you might think will be important later on. Also keep a journal of important dates and events. </span></span></td>
</tr>
<tr>
<td class="xl78" width="52" height="17"><span style="font-size: small;"><span style="color: #3f4040;">DON&#8217;T </span></span></td>
<td class="xl78" width="568"><span style="font-size: small;"><span style="color: #3f4040;">pay your child support late. </span></span></td>
</tr>
<tr>
<td class="xl78" width="52" height="51"><span style="font-size: small;"><span style="color: #3f4040;">DO </span></span></td>
<td class="xl78" width="568"><span style="font-size: small;"><span style="color: #3f4040;">pay it on time. Not only will you avoid legal ramifications, you are also supporting your children. The money goes towards the rent/mortgage, food, clothes, utilities and other necessities. </span></span></td>
</tr>
<tr>
<td class="xl78" width="52" height="34"><span style="font-size: small;"><span style="color: #3f4040;">DON&#8217;T </span></span></td>
<td class="xl78" width="568"><span style="font-size: small;"><span style="color: #3f4040;">Call your time sharing with your children &#8220;Your time&#8221; and base things around your schedule. </span></span></td>
</tr>
<tr>
<td class="xl78" width="52" height="68"><span style="font-size: small;"><span style="color: #3f4040;">DO </span></span></td>
<td class="xl78" width="568"><span style="font-size: small;"><span style="color: #3f4040;">Remember that the children have a social life too. They have soccer, birthday parties and friends. It is important that their social life be as normal as possible. They are not the ones who are divorcing, you are. So let them maintain a normal social calendar. </span></span></td>
</tr>
<tr>
<td class="xl78" width="52" height="17"><span style="font-size: small;"><span style="color: #3f4040;">DON&#8217;T </span></span></td>
<td class="xl78" width="568"><span style="font-size: small;"><span style="color: #3f4040;">Let the children guess when they are supposed to be with you. </span></span></td>
</tr>
<tr>
<td class="xl78" width="52" height="51"><span style="font-size: small;"><span style="color: #3f4040;">DO </span></span></td>
<td class="xl78" width="568"><span style="color: #3f4040; font-size: small;">Keep a calendar for the children as to the regular and special time sharig such as holidays and vacations.   Prepare a parenting plan with your spouse that works for the children.</span></td>
</tr>
<tr>
<td class="xl78" width="52" height="34"><span style="font-size: small;"><span style="color: #3f4040;">DON&#8217;T </span></span></td>
<td class="xl78" width="568"><span style="font-size: small;"><span style="color: #3f4040;">Pick up your children for time sharing if have been drinking or have been doing drugs or even if your angry . </span></span></td>
</tr>
<tr>
<td class="xl78" width="52" height="34"><span style="font-size: small;"><span style="color: #3f4040;">DO </span></span></td>
<td class="xl78" width="568"><span style="font-size: small;"><span style="color: #3f4040;">Arrange with your (ex)spouse for another time that you can spend with the children. </span></span></td>
</tr>
<tr>
<td class="xl78" width="52" height="17"><span style="font-size: small;"><span style="color: #3f4040;">DON&#8217;T </span></span></td>
<td class="xl78" width="568"><span style="font-size: small;"><span style="color: #3f4040;">Make your children feel like a &#8220;guest&#8221; in your new home. </span></span></td>
</tr>
<tr>
<td class="xl78" width="52" height="51"><span style="font-size: small;"><span style="color: #3f4040;">DO </span></span></td>
<td class="xl78" width="568"><span style="font-size: small;"><span style="color: #3f4040;">Make the children feel that your new home is also their home. That should include whatever chores they were responsible for at your prior home they should also be responsible for at your new home. </span></span></td>
</tr>
<tr>
<td class="xl78" width="52" height="17"><span style="font-size: small;"><span style="color: #3f4040;">DON&#8217;T </span></span></td>
<td class="xl78" width="568"><span style="font-size: small;"><span style="color: #3f4040;">Let the children play one parent against the other. </span></span></td>
</tr>
<tr>
<td class="xl78" width="52" height="34"><span style="font-size: small;"><span style="color: #3f4040;">DO </span></span></td>
<td class="xl78" width="568"><span style="font-size: small;"><span style="color: #3f4040;">Talk to your (ex)spouse when you feel this happening and make sure that the two of you are on the same page. </span></span></td>
</tr>
<tr>
<td class="xl78" width="52" height="17"><span style="font-size: small;"><span style="color: #3f4040;">DON&#8217;T </span></span></td>
<td class="xl78" width="568"><span style="font-size: small;"><span style="color: #3f4040;">Question the children regarding the activities of your (ex)spouse. </span></span></td>
</tr>
<tr>
<td class="xl78" width="52" height="17"><span style="font-size: small;"><span style="color: #3f4040;">DO </span></span></td>
<td class="xl78" width="568"><span style="font-size: small;"><span style="color: #3f4040;">Keep the children out of the line of fire between you and your (ex)spouse. </span></span></td>
</tr>
<tr>
<td class="xl78" width="52" height="51"><span style="font-size: small;"><span style="color: #3f4040;">DON&#8217;T </span></span></td>
<td class="xl78" width="568"><span style="font-size: small;"><span style="color: #3f4040;">Use the children as messengers. This puts them right in the middle. Not only are you risking their love and affection you are also relying upon the child to get the message to your spouse correctly and in the manner you meant it. </span></span></td>
</tr>
<tr>
<td class="xl78" width="52" height="85"><span style="font-size: small;"><span style="color: #3f4040;">DO </span></span></td>
<td class="xl78" width="568"><span style="color: #3f4040; font-size: small;">Speak directly to your (ex)spouse. This way there is no miscommunication or confusion. If there is a restraining order in place that forbids contact then ask your attorney how you should proceed.   Use email, and always be polite even when it is a tough or emotional issue.  Remember&#8212;either spouse can show the Court your emails.</span></td>
</tr>
<tr>
<td class="xl78" width="52" height="34"><span style="font-size: small;"><span style="color: #3f4040;">DON&#8217;T </span></span></td>
<td class="xl78" width="568"><span style="font-size: small;"><span style="color: #3f4040;">Make promises to the children that you can not keep, especially extravagant ones.   </span></span></td>
</tr>
<tr>
<td class="xl78" width="52" height="34"><span style="font-size: small;"><span style="color: #3f4040;">DO </span></span></td>
<td class="xl78" width="568"><span style="font-size: small;"><span style="color: #3f4040;">Make sure your promises are realistic, appropriate and that you are capable of carrying out the promise. </span></span></td>
</tr>
<tr>
<td class="xl78" width="52" height="34"><span style="font-size: small;"><span style="color: #3f4040;">DON&#8217;T </span></span></td>
<td class="xl78" width="568"><span style="font-size: small;"><span style="color: #3f4040;">Rehash the things that have happened in the past, you can&#8217;t change what has already ready happened. </span></span></td>
</tr>
<tr>
<td class="xl78" width="52" height="17"><span style="font-size: small;"><span style="color: #3f4040;">DO </span></span></td>
<td class="xl78" width="568"><span style="font-size: small;"><span style="color: #3f4040;">Learn from those things, fix what you can and then let them go. </span></span></td>
</tr>
</tbody>
</table>
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		<title>What Are The Child Support Guidelines</title>
		<link>http://divorcebyagreement.com/?p=57</link>
		<comments>http://divorcebyagreement.com/?p=57#comments</comments>
		<pubDate>Sun, 05 Feb 2012 08:32:32 +0000</pubDate>
		<dc:creator>SaulCimbler</dc:creator>
				<category><![CDATA[General Info]]></category>

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		<description><![CDATA[                                                How is Child Support Calculated?  &#160; Florida figures the parents&#8217; combined net incomes, compares their relative &#8230; <a href="http://divorcebyagreement.com/?p=57">Continue reading <span class="meta-nav">&#8594;</span></a>]]></description>
			<content:encoded><![CDATA[<div>
<p><strong>                                                How is Child Support Calculated? </strong></p>
<p>&nbsp;</p>
<p style="text-align: justify;">Florida figures the parents&#8217; combined net incomes, compares their relative percentages and multiplies by a percent to &#8220;basic support level&#8221; from both parents.  For example if one parent nets $20,000 per year, and the other nets $30,000 per year, then the former parent will be responsible for 40% of basic support, with the other being responsible for 60%. This is an oversimplification, as other factors such as payment of health care and child care are impacted.   Once the percentages are calculated, a statutory table is used to establish a the income level of the particular family, what the child support will be.   Issues relating to the number of children, and even children from prior marriages, affect the calculation.</p>
<p style="text-align: justify;">The custodial parent gives his (or her) share of this support in the payment of day-to-day expenses. The non-custodial parent gives his (or her) share by making cash payments to the custodial parent in an amount proportional to his (or her) share of the combined incomes.</p>
<p style="text-align: justify;">Net income is, generally speaking, gross income after taxes, union dues, health insurance for the parents, mandatory retirement payments, and payments to support children or spouses of prior marriages.</p>
<p style="text-align: justify;"><em>The judge is authorized to deviate from the child support guidelines by +/- 5%, based on factors such as: </em></p>
<ul style="text-align: justify;">
<li>&#8211;Needs of the children;<em> </em></li>
<li>&#8211;Age, station in life, standard of living, and financial status and ability of each parent.</li>
<li>&#8211;Child care costs for employment or education;</li>
<li>&#8211;Health insurance costs for the children;</li>
<li>&#8211;Extraordinary medical, psychological, educational, or dental expenses;</li>
<li>&#8211;Any independent income of a child;</li>
<li>&#8211;Payments of spousal support or support for a parent;</li>
<li>&#8211;Seasonal variations in the parents&#8217; incomes;</li>
<li>&#8211;The age of the children (older children have greater needs);</li>
<li>&#8211;Special needs that the parents have been fulfilling;</li>
<li>&#8211;Long visits. If a child has visits of over 28 days, the court may reduce the payments; and</li>
<li>&#8211;No visits. If the non-custodial parent is essentially absent, the court may increase the payments;</li>
</ul>
<p style="text-align: justify;">Section 61.30 Florida Statutes, deals with this issue.</p>
<p style="text-align: justify;">
<p style="text-align: justify;"><strong>Florida</strong><strong> Law &#8211; When Can Child Support Awards Be Modified?</strong></p>
<p style="text-align: justify;">
<p style="text-align: justify;">Child support awards may typically be modified whenever there is a &#8220;significant change in circumstances or financial ability of either party&#8221;, when health insurance becomes available, or when a child reaches the age of majority (18).</p>
<p style="text-align: justify;">
<p style="text-align: justify;">The guideline under the new circumstances should be generally be 15% different (and not less than $50 different) than the present order.  The change should be one that was not recognized during the earlier proceedings and it should be long-term in nature.<br />
If the paying spouse remarries and the new spouse has children, or the new couple has another child, the effect of that child on the parties&#8217; finances will generally <em>not </em>be considered.</p>
<p style="text-align: justify;">
<p style="text-align: justify;">If the parties make an agreement that is <em>not </em>incorporated into the marriage dissolution order, the agreement is like a conventional contract. The result is that it is more difficult to modify this kind of agreement to reduce the child support.<br />
<strong></strong></p>
<p style="text-align: justify;">
<p style="text-align: justify;"><strong>Florida</strong><strong> Law &#8211; How is Child Support Enforced?</strong></p>
<p style="text-align: justify;">
<p style="text-align: justify;">Orders for child support cane accompanied by orders that the payments be deducted directly from the payer&#8217;s income.  These are known as &#8220;income deduction orders&#8221; and are served on the employer or payor of monies due the paying parent.</p>
<p style="text-align: justify;">
<p style="text-align: justify;">There are a number of other enforcement mechanisms, including the ability to have the driver&#8217;s license or professional licenses of the non-paying spouse suspended, as reflected in Sections 61.1301, 61.13015, 61.13016, Florida Statutes</p>
<p style="text-align: justify;">
<p style="text-align: justify;"><strong>Florida</strong><strong> Law &#8211; Until What Age Does Child Support Typically Run? </strong></p>
<p style="text-align: justify;">
<p style="text-align: justify;">The typical age at which child support stops is age 18, though the court may permit it to run until the child graduates high school. Child support may continue longer by agreement of the parties, especially if the child remains a student. Section 61.14(1), 743.07(2).</p>
</div>
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		<title>Are You A Gambler?</title>
		<link>http://divorcebyagreement.com/?p=54</link>
		<comments>http://divorcebyagreement.com/?p=54#comments</comments>
		<pubDate>Sun, 05 Feb 2012 08:28:43 +0000</pubDate>
		<dc:creator>SaulCimbler</dc:creator>
				<category><![CDATA[Mediation]]></category>

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		<description><![CDATA[&#160; There are only five types of legal gambling in Florida: &#160; The Florida Lottery; The Dog Track; The Horse Track; Indian Gaming AND Going to Court! &#160; Why is going to court a gamble? Well unlike the lottery, the &#8230; <a href="http://divorcebyagreement.com/?p=54">Continue reading <span class="meta-nav">&#8594;</span></a>]]></description>
			<content:encoded><![CDATA[<div>
<p>&nbsp;</p>
<p><strong>There are only five types of legal gambling in Florida:</strong></p>
<p>&nbsp;</p>
<ol>
<li>The Florida Lottery;</li>
<li>The Dog Track;</li>
<li>The Horse Track;</li>
<li>Indian Gaming AND</li>
<li>Going to Court!</li>
</ol>
<p>&nbsp;</p>
<p>Why is going to court a gamble? Well unlike the lottery, the track or casino gaming where you can pull out any time you want, once you decide to go to court, you lose control. You are subject to court rules and requirements; you have to deal immediately with your lawyer and your spouse/ex-spouses lawyer, will have to take time of from work to deal with the divorce,etc. <em><strong>And in the end, the Court will require you to go to Divorce Mediation!</strong> <strong>So start with Divorce Mediation where you still have control and input in the process!</strong></em></p>
</div>
<div></div>
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		<title>3 Misconceptions about going to Family Court</title>
		<link>http://divorcebyagreement.com/?p=52</link>
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		<pubDate>Sun, 05 Feb 2012 08:26:22 +0000</pubDate>
		<dc:creator>SaulCimbler</dc:creator>
				<category><![CDATA[Mediation]]></category>

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		<description><![CDATA[                                   Here are the three major misconceptions                      about a Florida divorce of Family Court &#8230; <a href="http://divorcebyagreement.com/?p=52">Continue reading <span class="meta-nav">&#8594;</span></a>]]></description>
			<content:encoded><![CDATA[<p style="text-align: justify;"><strong>                                   Here are the three major misconceptions </strong></p>
<p style="text-align: justify;"><strong>                     about a Florida divorce of Family Court Mattter</strong></p>
<p style="text-align: justify;">
<p style="text-align: justify;">
<p style="text-align: justify;"><strong>THEY ARE ALL WRONG:</strong></p>
<p>&nbsp;</p>
<p><span style="text-decoration: underline;"><strong>Misconception # 1:</strong></span></p>
<p>&nbsp;</p>
<p style="text-align: center;"><span style="text-decoration: underline;"><strong>&#8220;The Court will punish your spouse’s behavior&#8221;</strong></span></p>
<p>&nbsp;</p>
<p>Many people expect that the court will find some way to punish the behavior of the spouse who broke society&#8217;s rules. However, this usually does not generally happen in Florida Divorces or family court matters, because of each court’s overwhelming case load. In most instances, the courts view divorce solely as an economic transaction focusing on assets and children’s economic needs.</p>
<p>&nbsp;</p>
<p>Any betrayals or abuse your spouse commits typically do not change the property settlement or alimony amount. (Child abuse can, however, affect custody decisions.)</p>
<p>&nbsp;</p>
<p><span style="text-decoration: underline;"><strong>Misconception #2:</strong></span></p>
<p style="text-align: center;"><span style="text-decoration: underline;"><strong>&#8220;You will have your day in Court&#8221;</strong></span></p>
<p>&nbsp;</p>
<p>Based on what you have seen on television and in the movies, you might imagine that you will have your day of drama in court, to tell the judge all about your spouse. However, it usually does not work out that way. Typically, you and your spouse (and your respective lawyers, mediators, accountants or other professionals) work out the financial details, custody and visitation issues yourselves. The judge then simply reviews and signs your agreement.</p>
<p>&nbsp;</p>
<p><span style="text-decoration: underline;"><strong>Misconception #3:</strong></span></p>
<p>&nbsp;</p>
<p style="text-align: center;"><span style="text-decoration: underline;"><strong>The Legal system is interested in justice</strong></span></p>
<p>&nbsp;</p>
<p>The legal system is interested in &#8220;justice&#8221;.</p>
<p>&nbsp;</p>
<p>Although the criminal legal system may be interested in justice, the family law system typically is too overwhelmed to focus much attention on justice.  Forgetting for a moment that it is often not clear exactly what &#8220;justice&#8221; would mean, the laws of Florida direct the courts to be concerned about:</p>
<p>&nbsp;</p>
<ul>
<li>&#8211;The welfare of any children.</li>
<li>&#8211;The living standards of any children.</li>
<li>&#8211;The living standard of the spouse who has not worked (if this is the case). In Florida, the concern is that each spouse, if not already working, becomes able to work or support himself or herself as soon as possible</li>
</ul>
<p>&nbsp;</p>
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		<title>Children&#8217;s Bill Of Rights</title>
		<link>http://divorcebyagreement.com/?p=50</link>
		<comments>http://divorcebyagreement.com/?p=50#comments</comments>
		<pubDate>Sun, 05 Feb 2012 08:19:13 +0000</pubDate>
		<dc:creator>SaulCimbler</dc:creator>
				<category><![CDATA[General Info]]></category>

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		<description><![CDATA[IF CHILDREN COULD REALLY TALK UP, THIS IS WHAT THEY WOULD TELL YOU &#160; We the children of the divorcing, separating or social parents, in order to establish fairness, justice, insure domestic tranquility, provide for the common defense, promote the general welfare, &#8230; <a href="http://divorcebyagreement.com/?p=50">Continue reading <span class="meta-nav">&#8594;</span></a>]]></description>
			<content:encoded><![CDATA[<p style="text-align: center;"><strong>IF CHILDREN COULD REALLY TALK UP, </strong></p>
<p style="text-align: center;"><strong>THIS IS WHAT THEY WOULD TELL YOU</strong></p>
<p>&nbsp;</p>
<p>We the <em>children</em> of the divorcing, separating or social parents, in order to establish fairness, justice, insure domestic tranquility, provide for the common defense, promote the general welfare, assure meaningful time sharing, order you, our parents to abide by the following Bill Of Rights for all children:</p>
<p>&nbsp;</p>
<ol start="1">
<li>&#8211;The right not to be asked to &#8220;choose sides&#8221; or be put in a situation where I would have to take sides between my parents.</li>
<li>&#8211;The right to be treated as a person and not as a pawn, possession or a negotiating chip.<strong> </strong></li>
<li>&#8211;The right to freely and privately communicate with both parents.<strong> </strong></li>
<li>&#8211;The right not to be asked questions by one parent about the other.</li>
<li>&#8211;The right not to be a messenger.<strong> </strong></li>
<li>&#8211;The right to express my feelings.</li>
<li>&#8211;The rights to adequate visitation with the non-custodial parent which will best serve my needs and wishes.<strong> </strong></li>
<li>&#8211;The right to love and have a relationship with both parents without being made to feel guilty.<strong> </strong></li>
<li>&#8211;The right not to hear either parent say anything bad about the other.<strong> </strong></li>
<li>&#8211;The right to the same educational opportunities and economic support that I would have had if my parents did not    divorce.</li>
<li>&#8211;The right to have what is in my best interest protected at all times.<strong> </strong></li>
<li>&#8211;The right to maintain my status as a child and not to take on adult responsibilities for the sake of the parent&#8217;s well being.<strong> </strong></li>
<li>&#8211;The right to request my parents to seek appropriate emotional and social support when needed.<strong> </strong></li>
<li>&#8211;The right to expect consistent parenting at a time when little in my life seems constant or secure.<strong> </strong></li>
<li>&#8211;The right to expect healthy relationship modeling, despite the recent events.<strong> </strong></li>
<li>&#8211;The right to expect the utmost support when taking the time and steps needed to secure a healthy adjustment to the current situation.<strong> </strong></li>
</ol>
<p>&nbsp;</p>
<p style="text-align: center;"><strong><em>Please realize that this is NOT law, anywhere. The &#8220;Children&#8217;s&#8217; Bill of Rights&#8221; is not legally enforceable, but rather suggestions made to keep the best interest of the child a priority.</em></strong></p>
<p align="center">
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		<title>New Alimony And Spousal Support Provisions</title>
		<link>http://divorcebyagreement.com/?p=48</link>
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		<pubDate>Sun, 05 Feb 2012 08:16:44 +0000</pubDate>
		<dc:creator>SaulCimbler</dc:creator>
				<category><![CDATA[General Info]]></category>

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		<description><![CDATA[The 2010 Florida Legislature enacted changes to the-then existing Alimony statues, Section 61.08, Florida Statutes (2010) that go into effect on all cases filed on or after July 1, 2011 or Alimony awards amended after July 1, 2011. The new &#8230; <a href="http://divorcebyagreement.com/?p=48">Continue reading <span class="meta-nav">&#8594;</span></a>]]></description>
			<content:encoded><![CDATA[<div style="text-align: -webkit-auto;">
<p style="text-align: left;"><span style="color: #000000;"><strong><br />
</strong></span></p>
<p>The 2010 Florida Legislature enacted changes to the-then existing Alimony statues, Section 61.08, Florida Statutes (2010) that go into effect on all cases filed on or after July 1, 2011 or Alimony awards amended after July 1, 2011. The new changes served mostly to provide bright line definition for the different kinds of alimony that presently exist, and in some instances added requirements.  In total, some believe it added clarity, while other commentators believe it is the beginning of a trend to limit long term alimony.</p>
<p>&nbsp;</p>
<p><strong>THE OLD LAW</strong></p>
<p>&nbsp;</p>
<p>Prior to the recent amendment, courts considered a number of factors, all which were well settled in Florida case law to set alimony in cases where it was appropriate, all of which were directed at establishing “equity and fairness”.  Although no particular factor was more important than any other, generally, the following were the factors to consider:</p>
<p>a) The standard of living enjoyed by the couple;</p>
<p>b) The duration of the marriage;</p>
<p>c) Age and physical and mental condition of the parties;</p>
<p>d) The financial resources of each party;</p>
<p>e) Earning capacity, as well as education, skills and employability of the parties;</p>
<p>f) Contributions by the parties to the marriage;</p>
<p>g) Any other factors the court determines were relevant to an equitable alimony arrangement.</p>
<p>&nbsp;</p>
<p><strong>ADDITIONAL FACT IN THE AMENDED STATUTE</strong></p>
<p>&nbsp;</p>
<p>Under the  there are now <strong>three additional factors</strong> for a judge to consider when making an alimony award in Florida:</p>
<p>&nbsp;</p>
<p>a) The responsibilities each party will have regarding minor children in common;</p>
<p>b) The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment; and.</p>
<p>c) All sources of income available to either party, including income available to either party through investments of any asset held by that party.</p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p align="center"><strong>CATEGORIZING LENGTH OF MARRAIGES</strong></p>
<p>&nbsp;</p>
<p><strong> </strong></p>
<p>Under Florida law, marriages are now statutorily defined in three categories, all focusing on the duration of the matters, and all providing bright line, finite parameters based on the duration of the marriage. The most significant change is that the amended statute now lengthens the amount of time the marriage must last before permanent alimony is vested.<a title="" href="file:///C:/Users/zuber/Desktop/republish%20website/2012-alimoneyandspousalSUPPORT.html#_ftn1">[1]</a></p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p><strong>SHORT TERM MARRIAGES</strong></p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p>A marriage of less than seven years of marriage</p>
<p><strong> </strong></p>
<p>&nbsp;</p>
<p><strong>MODERATE TERM MARRAIGES</strong></p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p>A marriage of seven and 17 years</p>
<p><strong> </strong></p>
<p>&nbsp;</p>
<p><strong>LONG TERM MARRIAGES</strong></p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p>A marriage of more than 17 years of marriage</p>
<p>&nbsp;</p>
<p align="center"><strong>CATEGORIES OF ALIMONY TO BE APPLIED DEPENDING ON THE LENGTH </strong></p>
<p align="center"><strong>OF THE MARRIAGE AND RELATED FACTORS</strong></p>
<p>.</p>
<p>&nbsp;</p>
<p>The revised version of Florida Statute §61.08 classifies alimony into the following categories:</p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p><strong>BRIDGE THE GAP ALIMONY</strong></p>
<p><strong> </strong></p>
<p>&nbsp;</p>
<p>This type of alimony is intended to be <em>&#8220;transitional alimony&#8221;</em> intended to allow a party to transition from marriage to single life, with short-term financial needs, and  <em>cannot exceed two years nor cannot be modified after it is awarded either in length or amount.</em></p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p><span style="color: #000000;"><strong>REHABILITATIVE</strong></span><strong> ALIMONY</strong></p>
<p><strong> </strong></p>
<p>&nbsp;</p>
<p>This type of alimony is directed at helping a party become permanently self-supporting where they can redevelop or acquire skills through education or training, such as returning to school or to take courses that bring the person’s work skills current   It is not permanent and instead encourages a non working or under-working spouse to maximize his or her earning potential based on educational and vocational opportunities.  Such alimony must have written parameters as to budget for training or education, necessary living expenses, etc.</p>
<p>.</p>
<p>&nbsp;</p>
<p><strong>DURATIONAL ALIMONY</strong></p>
<p><strong> </strong></p>
<p>&nbsp;</p>
<p>This type of alimony created a new definition in Florida matrimonial law, being somewhat of a term defined,<em> semi modifiable</em> alimony award that would be appropriate for Moderate Term marriages of between 7 and 17 years for a defined length of time never to exceed the length of the marriage itself.  Although such an award can be modified as to amount, it cannot be later modified in length.</p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p><strong>THE NEW PERMANENT ALIMONY STATUTE</strong></p>
<p><strong> </strong></p>
<p>&nbsp;</p>
<p>Permanent alimony, as before is intended post-divorce to provide the party lacking financial ability and the ability to meet his or her own needs and necessities of life as they were established during the marriage.  Before awarding this type of alimony, the Court must make a finding that no other type of alimony is appropriate.</p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p>Permanent alimony is most likely be awardable in a long term marriage, but MAY be awarded following a marriage of moderate duration if such an award is appropriate under the aforementioned factors, by “clear and convincing evidence” (i.e., evidence that is so obvious it can be said to be patent or “speak for itself&#8221;. In a short term marriage, a permanent alimony award is only appropriate after a marriage of short duration if there are “exceptional circumstances”, such as disability or successful efforts by a party to destroy the career of another of a party.  It is contemplated that the shorter the marriage, the more extreme the “exceptional circumstances must be in order to qualify for such a ruling  It is expected that  family case law will expand to define this particular kind of alimony.</p>
<p align="center"><strong>CATCH ALL PROVISION</strong></p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p>Under the revised statute, an award of alimony must not leave the person paying the alimony with significantly less income than the person receiving the alimony, absent “exceptional circumstances”, again a definition that is sure to expand the case law involving family law.</p>
</div>
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		<title>Tax Considerations In Divorce</title>
		<link>http://divorcebyagreement.com/?p=46</link>
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		<pubDate>Sun, 05 Feb 2012 08:14:49 +0000</pubDate>
		<dc:creator>SaulCimbler</dc:creator>
				<category><![CDATA[General Info]]></category>

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		<description><![CDATA[CATCH YOUR BREATH&#8211;THINK AND ACT LOGICALLY As with every other part of your life, separation and divorce impact your taxes. This is an area in which you should try your hardest to keep the lines of communication open and the &#8230; <a href="http://divorcebyagreement.com/?p=46">Continue reading <span class="meta-nav">&#8594;</span></a>]]></description>
			<content:encoded><![CDATA[<p style="text-align: center;">
<p style="text-align: center;"><strong>CATCH YOUR BREATH&#8211;THINK AND ACT LOGICALLY</strong></p>
<p style="text-align: justify;">As with every other part of your life, separation and divorce impact your taxes. This is an area in which you should try your hardest to keep the lines of communication open and the emotions out. Remember to treat your divorce as a business as it will only benefit Uncle Sam if you file separate tax returns out of spite when filing jointly is beneficial. Do not assume that you will able to claim all deductions and exemptions. That will only lead to fines, penalties, and audits if you are wrong. The IRS does not care about your personal problems or that you and your (ex) spouse are unable to communicate. Make sure that you have all tax related issues settled and clearly stated in your separation agreement and or divorce decree.<strong><br />
</strong><br />
<strong></strong></p>
<p style="text-align: justify;"><strong>The information contained on this page is for informational purposes only. Before acting upon or making any decisions based upon the information contained within this page, consult a tax professional experienced in matrimonial issues first.</strong></p>
<p style="text-align: justify;"><strong>FILING STATUS </strong></p>
<p style="text-align: justify;">How are you going to file your taxes? Determine the best way financially to do this. Normally filing a Married Joint Return will result in the lowest taxes. Do not look at a joint return as any kind of &#8220;attachment&#8221; to your spouse. This is strictly a financial situation. You qualify for the Married Filing Jointly status if you are not yet divorced. You do not qualify for this status in the tax year you were divorced.</p>
<p style="text-align: justify;"><strong>EXEMPTIONS </strong></p>
<p style="text-align: justify;">You may claim a child that does not live with you only if it is stated in your divorce or separation agreement or if mutually agreed upon. This does not apply if you and your spouse are filing a Married Joint Return (see above).</p>
<p style="text-align: justify;"><strong>DEDUCTIONS</strong></p>
<p style="text-align: justify;">Under certain circumstances, the amount of your legal and accounting fees paid which can be attributed to maintaining or preserving income (not child support) may be tax deductible.</p>
<p style="text-align: justify;"><strong>ALIMONY </strong></p>
<p style="text-align: justify;">If you either pay or receive alimony/maintenance there are tax ramifications. Alimony/maintenance (not child support) is taxable to the recipient and deductible for the payer. Occasionally a dispute will arise as to how much alimony was paid/received. Sometime the IRS will question the alimony amounts. For that reason it is very important to keep good records. If you fail to keep adequate records you may lose the alimony tax deduction.</p>
<p style="text-align: justify;">If you pay alimony you should keep the following records for at least three years:</p>
<ol style="text-align: justify;" start="1">
<li>&#8211;Original checks. Be sure to show on each check the month the payment represents.</li>
<li>&#8211;A list that shows the date, check number, amount and address where payment was sent.</li>
<li>&#8211;If you give cash obtain and retain a receipt signed by both the payer and the recipient.</li>
</ol>
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<p style="text-align: justify;">If you receive alimony you should keep the following for at least three years:</p>
<ol style="text-align: justify;" start="1">
<li>&#8211;A photocopy of the check or money order received.</li>
<li>&#8211;A list that shows the date, check number, amount of payment, bank account the funds are drawn on, account number against which the check is drawn on.<strong> </strong></li>
<li>&#8211;A copy signed receipt with signatures of both payer and recipient for any cash payment received.</li>
</ol>
<p style="text-align: justify;"><strong>CHILD SUPPORT </strong></p>
<p style="text-align: justify;">Is not taxable nor is it deductible.</p>
<p style="text-align: justify;"><strong>EARNED INCOME CREDIT </strong></p>
<p style="text-align: justify;">If your adjusted gross income is less than $28,281 with one qualifying child or less than $32,121 with more than one qualifying child or $10,710 if you do not have a qualifying child, you may be eligible for the earned income credit. See IRS publications for additional qualifications.   Please note, these guidelines are subject to change at any time</p>
<p style="text-align: justify;"><strong>CHILD CARE CREDIT </strong></p>
<p style="text-align: justify;">You may be able to take this credit if you paid someone to care for your child who is under age 13.</p>
<p style="text-align: justify;"><strong>CHILD TAX CREDIT</strong></p>
<p style="text-align: justify;">This credit is in addition to the childcare credit and the earned income credit. With this credit you can get a refund even if you do not owe any tax. The credit can be up to $600 per child (it was $400 for the tax year 2000). To qualify for the credit you must have at least one qualifying child. According to the IRS a qualifying child for the purposes of the child tax credit is a child who:</p>
<p>&nbsp;</p>
<ol start="1">
<li>&#8211;is claimed as your dependent <em>and</em></li>
<li>&#8211;was under age 17 at the end of the tax year <em>and</em></li>
<li>&#8211;is your son, daughter, adopted child, stepchild, grandchild or foster child <em>and</em></li>
<li>&#8211;is a US citizen or resident alien.<strong> </strong></li>
</ol>
<p>&nbsp;</p>
<p><strong>INCOME TAX EVASION BY SPOUSE </strong></p>
<p>&nbsp;</p>
<p style="text-align: justify;">If your spouse knowingly cheated on your joint return to evade taxes, you might not be held responsible. Effective July 22, 1998 a new tax rule went into effect whereby if you are divorced, legally separated or have been living apart from your spouse for at least 12 months, and you were unaware that your spouse lied on your joint tax return; you can file papers that would compute your tax liability separately. If you have been audited and you believe this rule applies to you contact a tax specialist who has experience with this type of matter.</p>
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		<title>Selling Your House When Divorcing</title>
		<link>http://divorcebyagreement.com/?p=44</link>
		<comments>http://divorcebyagreement.com/?p=44#comments</comments>
		<pubDate>Sun, 05 Feb 2012 08:12:06 +0000</pubDate>
		<dc:creator>SaulCimbler</dc:creator>
				<category><![CDATA[General Info]]></category>

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		<description><![CDATA[For many people going through a divorce their biggest asset is their home, the marital residence. Deciding what to do about the marital residence is often a major issue in a divorce. There are a few different options when it &#8230; <a href="http://divorcebyagreement.com/?p=44">Continue reading <span class="meta-nav">&#8594;</span></a>]]></description>
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<p style="text-align: center;"><strong>For many people going through a divorce their biggest asset is their home, the marital residence. Deciding what to do about the marital residence is often a major issue in a divorce. There are a few different options when it comes to splitting the marital residence</strong><strong>.</strong></p>
<p style="text-align: center;"><strong>Different Options</strong></p>
<p>&nbsp;</p>
<p>One option is for one spouse to keep the house and buy out the other spouse&#8217;s share. Another option is for one spouse to be granted exclusive use for a specified period of time, usually when the youngest child turns 18, after which the house will be sold. Finally, the house can be sold outright with the profits being allocated to each spouse.</p>
<p style="text-align: center;"><strong>Should you sell your house?</strong></p>
<p>&nbsp;</p>
<p>Hard as it may be this is a decision that needs to be made devoid of emotions. As a practical matter take into consideration whether or not it is financially beneficial to keep the home. If not and you do decide to sell here are a few tips to help you through the process.</p>
<p>&nbsp;</p>
<p><strong>Time is money</strong>: Put your home on the market as far in advance as possible of purchasing a new one. Remember that when people buy and sell a home there usually is a domino effect. Closing and moving dates have to be coordinated, and the more firmly everyone commits to a window of dates and sticks to them, the better for all involved. Put all agreements about dates in writing, and protect yourself by negotiating financial penalties for failure to live up to the agreement.</p>
<p>&nbsp;</p>
<p><strong>Check your curb appeal</strong>: A home that&#8217;s visually appealing and in good condition will attract potential buyers. This is your home&#8217;s first impression and it should be a good one! Here are a few things to look at: Are the lawn and shrubs well maintained? How are your sidewalks and foundation? Are they cracked? Does the driveway need resurfacing? Are the gutters, and chimney in good condition? Do the window casings, shutters, siding, or doors need painting? Are garbage cans stored out of sight? Are lawn mowers, etc. properly stored? Is the garage door closed?</p>
<p>&nbsp;</p>
<p><strong>On the inside</strong>: Probably the least expensive thing you can do to make your home appealing is to make sure it is clean. Windows, floors and bathroom tiles should sparkle. Make sure you have clean heating and air conditioning filters. Shampoo dirty carpets, clean tubs and showers, repair dripping faucets and oil squeaky doors. Keep your home neat, clean, and picked-up at all times. It should not only be squeaky clean but it should smell fresh. You may be used to the smell of a pet or cigarettes, and not even be aware of them, but such odors can be offensive to others.</p>
<p>&nbsp;</p>
<p>Remove unnecessary clutter from the all areas of the home including the garage, basement, attic, and closets. Organize and straighten stored items. If your home is crowded with too much furniture, consider putting some things into storage. If a room needs a fresh coat of paint, use a neutral off-white. Finally, set a mood for the buyer. Make your house homey with live flowers and fresh guest towels in the bathroom.</p>
<p>&nbsp;</p>
<p>For your own safety and peace of mind, remove valuables such as jewelry and other items from view. It might be wise to put these items in a safe deposit box before you begin showing your home.</p>
<p>&nbsp;</p>
<p><strong>Professional help</strong>: Unless you are willing to do all of the work in selling your home yourself, a real estate agent is a good idea. They can be the voice of reason during this emotional time. We often have so many memories and emotions tied to our homes that we don&#8217;t always see their shortcomings. Conversely, not everybody is aware of the real estate market and the values of homes in an area. A good realtor will help you set a fair price.</p>
<p>&nbsp;</p>
<p>Keep in mind that cosmetic changes do not have to be expensive. In fact, costly home improvements do not necessarily offer a good return on your investment when you sell. It&#8217;s attention to the basics that says this home has been carefully maintained. That attention to details will help you get the price you want, even if you don&#8217;t really want to sell the house.</p>
<p align="center"><strong>Should we use a Realtor?</strong></p>
<p style="text-align: left;" align="center">Realtor&#8217;s are trained to showcase, properly price the home and otherwise are experts and getting the home sold, or rented if that is the best option.   Using a Realtor also has one other advantage:  you have  third person who you can deal with instead of your spouse!</p>
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		<title>Pro Se Divorce Mediation</title>
		<link>http://divorcebyagreement.com/?p=42</link>
		<comments>http://divorcebyagreement.com/?p=42#comments</comments>
		<pubDate>Sun, 05 Feb 2012 08:10:55 +0000</pubDate>
		<dc:creator>SaulCimbler</dc:creator>
				<category><![CDATA[General Info]]></category>

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		<description><![CDATA[&#160; &#160; The benefits of Pro Se Divorce Mediation Given the high costs of divorce litigation and the concern about its impact on a couple’s children, many couples are opting for pro se divorce mediation.  Pro se divorce mediation is also &#8230; <a href="http://divorcebyagreement.com/?p=42">Continue reading <span class="meta-nav">&#8594;</span></a>]]></description>
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<p><strong>The benefits of Pro Se Divorce Mediation</strong></p>
<p>Given the high costs of divorce litigation and the concern about its impact on a couple’s children, many couples are opting for pro se divorce mediation.  Pro se divorce mediation is also an alternative for couples with no children or whose children are past the age of majority.  Pro se divorce mediation can be an effective way of reaching a settlement to all issues, including, time sharing and child support, property distribution and alimony. In reaching a divorce agreement without going to Court and disputing the issues, couples are able to save much needed financial resources and are also able to keep their children out of what could otherwise become an emotionally difficult situation.<br />
<br/><br />
<strong>Pro Se Divorce Mediation is cost effective</strong></p>
<p>Pro se divorce mediation is becoming a popular alternative to the Court process, which is expensive, time consuming, emotionally draining and often does not achieve the desired result. It is cheaper to hire one mediator than for the parties to hire two lawyers.  A litigated divorce can cost ten times more than parties will spend on mediation.  Even cases that settle prior to trial are far more costly, with the parties paying 30 -40% more and generally not achieving a more beneficial settlement than they would have reached at mediation.<br />
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<strong>Pro Se Divorce Mediation is less time consuming</strong></p>
<p>Many people will be surprised to learn how long the divorce process takes when the Court and other attorneys are involved.  Parties can wait months for anything to happen due the judge’s availability and the discovery process which are time consuming and expensive.</p>
<p>The pro se divorce mediation route gives the parties control to set their own mediation timetable.  Many divorce cases where there are neither significant assets nor children involved can be resolved in a single mediation session. Some matters may require additional sessions.<br />
<br/><br />
<strong>Pro Se Divorce Mediation Results in greater satisfaction</strong></p>
<p>In pro se divorce mediation, parties are empowered to make their own decisions regarding their children, property and other assets.</p>
<p>We have a flexible appointment schedule to accommodate your work and child-rearing schedules.  Evening and weekend appointments are available.<br />
<br/><br />
<strong>Our role of as a Pro se divorce mediator and how the process works</strong></p>
<p>In order to mediate your divorce, both you and your spouse must agree that you want to proceed in this manner. If you are both in agreement that you want to attend mediation, please call our office and we will schedule an initial meeting. Both you and your spouse must attend this meeting. As a mediator, I am a neutral party and the trust of both of you is very important to the mediation process. Because of this, I cannot meet with only one person and I cannot discuss with either of you alone the facts and circumstances prior to our meeting together.</p>
<p>We will schedule an initial meeting. At this meeting, we will go over a list of the issues that need to be addressed. I will also provide both of you with financial affidavits which need to be filled out by you prior to the mediation conference. This is a good time to “weed out” any issues which may require legal advice. One or both of you may feel the need to seek a consultation with an attorney either before or after the mediation session (s)  At the mediation conference, we will discuss all the issues pertaining to your children, property, debts and any other matters you deem necessary to resolve in the context of your divorce. We will schedule additional mediation conferences IF needed, but many matters can be completed in one session.  If an agreement is reached, we will prepare a marital settlement agreement or if non marital issues, a mediation agreement for you and will provide this document along with the other pleadings which will need to be filed with the Court.</p>
<p>A pro-se divorce mediator acts not as an attorney, but as a neutral mediator.   Since the <em>pro se</em> mediator is not acting as an attorney, he or she can give no legal advice.  However, the husband and wife can take a proposed, unsigned marital settlement agreement to anattorney for a fast and inexpensive review of the proposed marital settlement agreement or mediation agreement before they sign it.  Both the husband and wife are present for each session. Complete financial disclosure is provided to the mediator and then all issues are discussed together until a marital settlement agreement is achieved.  The mediator can draw up all of the necessary divorce documents, including the marital settlement agreement. These documents include the petition, answer, financial affidavits, child support guidelines and child support guideline worksheets, court docketing sheets, marital settlement agreement, final judgments, filing instructions, directions to the courthouse, and the notice of final hearing. Then the parties themselves take the documents to the courthouse for filing. The family law clerk will assign a final hearing date before a judge, and the parties will appear before the judge who will incorporate the marital settlement agreement into the final judgment. The case is then completed and the parties are divorced.</p>
<p>The fees and costs involved are usually much less than what the parties would pay in a normal divorce case because the parties share the fee.  This can be much less than the tens of thousands of dollars in attorney’s fees for people involved in a divorce or family law matter.   There are many times though, when we believe that the parties need to be represented by counsel and we may decline to a pro se mediation unless the parties are accompanied by an attorney.</p>
<p><em> </em></p>
<p><em>Pro se</em> family mediation can work in all types of divorce cases, but it is best suited for cases where the husband and the wife still have good communication with each other.  If the husband and wife are willing to be open to resolving the issues with a pro se mediator, the time and money that each spouse will save is quite substantial, and they can complete their divorce without stress but with closure.</p>
<p>Because even in contested matters, regardless of the complexity of their issues, a Court will require the parties to participate in mediation, they could resolve their case by using <em>pro se</em> divorce mediation first.</p>
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