Mediating Maintenance Issues
Overall Context:
- A Discussion Over Time
- Strategic Models
- Problem-Solving
- Process
- Perspectives
- Common Ground
- Problem Solving Statement(s)
- Needed Information & Documentation
- Identify Positive Interests & Intentions
- Identify Options
- Negotiate (Easy Pieces and Exchanges)
- Integrate
- Shelf of Differences
- Mediator Guessing
- Doubt & Dissonance
- Mutual
- Individual
- Goal: Workable Arrangements and Face-Saving Rationale
- Entering Discussion: "How Are You Doing Finances Now?" "How Well Working?"
- The Budgeting Process
- Only Need to Agree on Bottom Line!
- Lightening Rod Issues
- Legal Standards
- "Comparable Suffering" Standard
- Identify Purposes and Goals of Maintenance
- Two Main Issues: Amount and Duration
- Child Support Interdependence
- Payment of Mortgage and Property Taxes
- Temporary Support
- Interim
- Non-Precedental
- Non-Admissible
- Retroactive Adjustment
- Tax Deductibility of Spousal Support
- apportionment relative to child support
- duration rules if over $15K/yr
- variance rules if over $15K/yr
- Medical Insurance and Other "On Behalf Of" Payments
- Review and Mediation
- Attorney and Mediation Fees
- Life Insurance
- Excess Support
- Internal Enforceability (dependent deductions, deductibility generally)
- Legal and Accounting Review
- Budgetary Perspectives
- Charting the Amount Issue
- Identify Net Income Available and Subtract Out Total Costs for Children
- Remaining Amount Available for Parents - Share Shortfall?
- Identify Adjusted Entitlement and Need
- Augment Need by Tax Liability
- Share Overall Tax Savings
- Charting Duration, Common Ground and Differences
- Elegant Approach of Converting Difference to Property and Debt Issue
