73Fras Posted June 20, 2013 Posted June 20, 2013 I am getting close to wrapping ours up and wanted to ask if anyone wished they had handled something differently or forgot to address and realized after the fact? I guess I am trying to cover as much of the basics and learn from others.... We have 2 kids that will live with me primarily and currently STBXH and I are very cordial but obviously that can change Thanks in advance
carhill Posted June 20, 2013 Posted June 20, 2013 Are scenarios for parental incapacity addressed in the custody agreement? Are arrangements for post-secondary education for the children addressed? Has life insurance/annuities been covered? Have all pensions/retirement accounts/benefit plans been disclosed and processed? Generally, a competent lawyer will cover all of the issues relevant to your case for very little cost during such a review. Who is preparing the settlement agreement? Lawyers or mediator? 1
Author 73Fras Posted June 20, 2013 Author Posted June 20, 2013 Are scenarios for parental incapacity addressed in the custody agreement? No - Are arrangements for post-secondary education for the children addressed? Has life insurance/annuities been covered? Yes, we have this covered Have all pensions/retirement accounts/benefit plans been disclosed and processed? Yes Generally, a competent lawyer will cover all of the issues relevant to your case for very little cost during such a review. Who is preparing the settlement agreement? Lawyers or mediator? His lawyer prepared it and I will have mine review it. but I was curious about less than textbook provisions. Like I personally don't understand why its not common to have a cost of living increase in child support awards or standard time frames for automatic recalculation as I can imagine its near impossible to know how much the ex spouse is making over the years, etc
macy Posted June 20, 2013 Posted June 20, 2013 I will say that no matter how amicable things are NOW that it can and often does change. My exh was very willing to give me what I asked for and we negotiated very well when hashing out the sep agreement. Things changed between us the further we went through the process. He would not be so willing now to give me what's is spelled out in the SA if it weren't in black and white. Put everything in there even if he says there isn't a need because he'll 'do the right thing'. I'm so glad I listened to this advice.
Author 73Fras Posted June 20, 2013 Author Posted June 20, 2013 I will say that no matter how amicable things are NOW that it can and often does change. My exh was very willing to give me what I asked for and we negotiated very well when hashing out the sep agreement. Things changed between us the further we went through the process. He would not be so willing now to give me what's is spelled out in the SA if it weren't in black and white. Put everything in there even if he says there isn't a need because he'll 'do the right thing'. I'm so glad I listened to this advice. This is exactly what I am afraid of.. I want as much as realistically possible spelled out... fully knowing that every provision is impossible to predict....thx 1
carhill Posted June 20, 2013 Posted June 20, 2013 but I was curious about less than textbook provisions. Like I personally don't understand why its not common to have a cost of living increase in child support awards or standard time frames for automatic recalculation as I can imagine its near impossible to know how much the ex spouse is making over the years, etc Regarding child support, one (either parent) petitions the court for modifications, both up or down, after the original order is entered. Child support services (DCSS in my state) can explain the processes relevant to your jurisdiction if you don't want to pay a lawyer to. Parties can agree to anything which satisfies the order of the court. Such petitions can compel the respondent to produce verifiable income/employment records to the court.
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