Unit 9 Family Mediation Essay Example

the joint bank account designated for the living expenses and support of the minor children resulting from their marriage.

Both parties have agreed to contribute money to the account for expenses until the marriage is fully dissolved. Regarding mediation in a divorce with children, both parties have agreed to divide the cost of mediation before commencing the process.

Here is a detailed breakdown of the mediation cost based on income and whether or not there are children involved:

• A) For parties with a combined income of $50,000.00 or less, either $120.00 per hour or a flat fee option of $1,500.00 applies.
• C) For all other parties, regardless of income or presence of children, the cost is $375.00.

When scheduling the mediation, parties with a combined income over $50,000 must pay a non-refundable deposit of $500. The mediation can be billed at an hourly rate of $240 or as a flat fee of $4,500. Parties with a combined income below $50,000 must pay a non-refundable deposit of $720 when scheduling the mediation. These deposits will be deducted from the total cost of the mediation services.

Each party is responsible for 50% of the fees unless they agree otherwise. http://fldivorcemediation.com/HowWeWork.aspx In Witness Whereof, the parties have set their hands and seals the day and year first written above.

Child Custody and Visitation:
The term "shared" has been replaced with the intention of ensuring fairness to each parent in child-rearing decisions, allowing each parent to recognize their rights and responsibilities for their child(ren).

Florida prioritizes the importance of parents maintaining close and ongoing relationships with their children, emphasizing meeting their basic needs such as food, clothing, medical care, and necessary support. The focus should be on

prioritizing the children's needs over the desires of the parents. Effective communication between both parents is encouraged to determine what is in the best interest of their child or children. Both parties recognize and appreciate each parent's deep love, commitment, and dedication to their minor children.

Both parties agree that they have the right and obligation to fully participate in important matters related to the children's health, well-being, education, and upbringing. They will make decisions jointly with the best interests of the children in mind. The parents will not use their powers to hinder or manipulate the social development of the children. Both parties have discussed and consulted with their legal counsel regarding a shared parental arrangement's feasibility and determined that it is best for the children.

Both parties agree to share parental responsibility for their minor children, with the Wife being designated as the primary physical residential parent. They also agree that the children will have regular and ongoing contact with both parents. Both parties have the right to participate in and attend special activities involving the children, including religious events, school programs, sports events, extracurricular activities, and important social events.

They must make sincere efforts to encourage and foster a loving relationship between both parents and the children. Neither party should obstruct or interfere with the other's visitation rights, nor should either parent speak negatively about the other in front of or allow others to do so in front of the children.

The parents should maintain a professional and respectful relationship by conducting themselves formally, politely, calmly, and publicly.

Both parents must treat each other with courtesy and respect, regardless of personal feelings. They agree to allow ongoing

communication between the children and the non-present parent, as well as keeping each other informed about the children's whereabouts when they are in the care of the other parent. If one parent becomes aware of any illness, accident, or significant event affecting the children's health and well-being, they must promptly inform the other parent. Upon notification, immediate access to the children is granted to the informed parent, regardless of their location. Both parents are expected to maintain open communication with the children at all times. Additionally, both parents have a right to receive comprehensive and detailed information from healthcare professionals attending to their children (such as pediatricians, physicians, dentists, consultants or specialists).

Every person has the right to receive detailed and comprehensive information from any teachers, schools, summer camps, or other institutions they are associated with. Both parties recognize the significance of stability and consistency in their children's lives. To accomplish this, both parents agree to establish a responsible daily routine and make necessary decisions regarding their children's care. They also agree that written consent from the other party or a court order is required prior to taking the children out of Florida.

VISITATION WITH CHILDREN:

Both parties acknowledge that the non-residential parent will have frequent and generous contact, visitation, and access to the children. They will act in good faith and fulfill reasonable requests from the other parent concerning visitation.

Both parties agree that the time of visitation may vary from time to time. A) Weekends: The Husband shall have the right to visitation on alternate weekends (unless both parties agree that the father would like more frequent weekends). The visitation period shall begin on Friday after the

child is dismissed from school, if applicable, and conclude on Sunday at 7:00 p.m. Both parties agree to alternate the schedule for picking up and dropping off the child.

B) The Husband will have July 4th and Thanksgiving in odd years, while the Wife will have Memorial Day and Labor Day. In even years, this schedule will be reversed. All other legal holidays will be alternated between both parties (unless otherwise agreed upon).

C) Thanksgiving: This holiday will start on Wednesday at 6:00 p.m. before Thanksgiving and end on Sunday at 7:00 p.m.

Winter Visitation: The first half of the break period will start at 6:00 p.m.

The break will begin when children get out of school and end at 1:00 p.m. on December 25th. The second half of the break will start at 1:00 p.m.

During odd-numbered years, the Father has custody of the child from 7:00 p. m. on December 25th until January 1st for the second half of the Winter break, but during even-numbered years, the Father has custody of the children for the first half of the break.

Both parties are in agreement that the children should spend Mother's/Father's Day with their respective parent from 9:00 a.m. until 7:00 p.m., as previously arranged.

Birthday: It is agreed by both parents that the children will celebrate their birthday with both parents and attend any parties organized for them. Additionally, the children will spend time with their Father on his birthday and with their Mother on her birthday. In the event that a birthday falls on a weekday, it is mutually agreed upon to allow the children to spend time from 6:00 p.m. to 8:00 p.m.

If the non-custodial parent's birthday

coincides with their visitation weekend, they should have custody of the children. The missed visitation can be rescheduled for the following weekend.

During summer, the Father is granted a maximum of six weeks for extended visitation. However, this extended time must not disrupt the children's wellbeing, education, or any prior commitments arranged by the Mother.

Both parents must give a written notice of one month if they plan to take the children outside the regional area. The other parent will have seven days to reply. On special occasions like Memorial Day, July 4th, Labor Day, Father's Day, Mother's Day, and Easter (if applicable), visitation hours will be from 9:00 a.m. to 7:00 p.m.

If a holiday listed falls on a weekend, the parent entitled to have the children for that holiday will spend that weekend with them. Both parents agree that scheduled events such as softball games, ballet, scout meetings, or any other extracurricular activities must be attended by the parent who has the children if they both agree on their participation. Before missing any scheduled event, the desires of each child should be taken into account. It is agreed by both parents that an itinerary must be provided if either parent plans to spend a significant amount of time away from home.

Parents must give a 48-hour notice if they need to cancel any visitation on a holiday or weekend, unless it is due to illness, extended work hours, or physical incapacity. In those cases, both parents agree to reschedule if necessary. For summer vacations, cancellations should be made at least 30 days in advance. If both parents cannot agree on cancellation, the parent wanting to cancel must

arrange and pay for appropriate babysitting or supervision during the visitation period. Failure to provide proper care could lead to losing future visitation rights.

M) Visitation will be forfeited if either parent fails to pick up or drop off the children within thirty (30) minutes, unless the other parent provides a valid excuse in advance, such as illness, extended work hours, or physical impossibility to arrive on time.

N) During visitation, both parents must allow both children to communicate with them once per day. Additionally, they must share the child's current address and telephone number with each other.

When traveling outside the local area, the other parent must provide the telephone number, address, and whereabouts of the children. If visitation is missed on the "alternate weekend", it will be rescheduled to the weekend following the missed visitation. Regular visitation will then resume the following weekend. Both parents are encouraged to mutually agree to modify the schedule to prioritize the needs of the children first and themselves second. Both parents can change the terms of this schedule through written agreement. Both parties have agreed to comply with Florida Statute 61 in matters related to child support.

The child support guidelines utilize the number of children and the combined income of both parents to establish the payment amount that must be provided by the other parent. In this particular scenario, both parents have a combined monthly income of $3,000. The obligation for child support is allocated between the parents according to their individual income and potential earnings.

According to the Florida child support guidelines, as of January 1, 2012, a father who has two children is required to pay $1001.00 per

month to the Department of Children and Families/Child Support Enforcement. The father is also responsible for obtaining medical and dental insurance for the children. Both parties are obligated to share the costs of copayments that are not covered by insurance.

The parents are responsible for 50% of the deductible. The term "medical and dental" expenses includes routine checkups, medical, surgical, diagnostic, psychiatric, psychological, outpatient or hospitalization, prescriptions, medications, supplies, optometric and dental care. Regarding matters of the children's health, the parties must confer to promote the children's welfare. Both parents must be consulted before any treatment, except in emergencies, to seek permission.

However, both parties have agreed that they will not unreasonably withhold their consent for any such treatment. Additionally, they have also mutually decided to waive all forms of alimony, be it permanent, periodic, rehabilitative, or lump sum. It is important to note that each party has been duly informed by their respective legal counsel about the option to renounce any monetary awards that may be granted to them. Both parties acknowledge and understand that this waiver cannot be reversed under any circumstances and that neither party's financial or physical situation in the present or future would allow them to pursue alimony through modification proceedings.

VII) The former martial residence owned jointly by both parties is a single family home.

Both parties have agreed that the Wife will remain in the home with the children. The current value of the home is $400,000 and it is currently listed for sale. Both parties have an equity of $150,000 in the house from payments made during their marriage. Furthermore, there is an additional $50,000 of equity in the house from

a payment made by Angela using an inheritance she received four years ago from her deceased uncle's estate.

They jointly purchased the house for $3,000 from each person. The Wife is responsible for paying the mortgage, maintenance, utilities, and taking care of the property. The husband is responsible for maintaining home owners insurance. Regarding personal property, any of the husband's remaining personal items in the house will belong solely to him. Similarly, any of the wife's personal items in the house will belong solely to her. All of the marital furniture will stay in the house with the wife.

Upon the execution of this agreement, the Husband will assume sole responsibility for the following debts: all joint accounts and all accounts in the Husband's name. Similarly, upon the execution of this agreement, the Wife will assume sole responsibility for all debts in her name. Both parties agree to seek release for each other from any liability assumed under this agreement. If one party is unable to secure a release for a particular liability, the party assuming the liability agrees to indemnify the nonassuming party against any loss, injury, or damage arising from that liability. It is mutually agreed that neither party shall incur any additional debt that could result in joint liability. Any debt incurred by either party after the date of this agreement will be solely the responsibility of that party.

X) Regarding automobiles, both parties have reached an agreement to take ownership of their respective cars and remove the other party's name from any financial responsibilities. Each party will assume the payment, upkeep, maintenance, insurance, fuel, and any other potential liabilities associated with owning a vehicle.
Income

Tax Liability: A) Both parties acknowledge their responsibility for any taxes related to joint Internal Revenue Service returns previously submitted during the marriage, and neither party shall hold the other liable for any IRS debts incurred.
B) The parties assure each other that the information provided in past joint tax returns is accurate and truthful to the best of their knowledge and belief.
Furthermore, the parties pledge to protect and indemnify each other from any liability resulting from any information or misinformation provided for the purpose of filing a joint return. This includes taxes, interest, deficiency assessments, attorney's fees or accountant's fees, as well as any related damages or expenses.If a deficiency assessment is made for any of the mentioned returns, both parties have agreed to promptly notify each other in writing. The party responsible for the deficiency shall pay the determined amount, along with any interest, penalty, and expenses such as attorney's fees.

The responsible party is not allowed to let any tax lien be filed against the other person's property. If the responsible party wants to contest the IRS or challenge a deficiency assessment in court, they must submit the necessary paperwork on behalf of both parties and cover all expenses. Both parties have agreed to share copies of their joint tax returns. It is important to note that the payment of the mentioned obligation is related to support and cannot be discharged in bankruptcy.

Both parties agree to be responsible for their own attorney's fees and costs related to the dissolution of their marriage. This agreement will remain in effect if the parties reconcile or attempt to reconcile. If either party changes their address

or telephone number, they must notify the other party within five days using certified mail with return receipt requested. The agreement will end when the children turn eighteen. If either party files for divorce, both parties desire for this agreement to be recognized and enforced by the court. They will present the agreement to the court and request its ratification, confirmation, and approval as part of any decree or order.

Both parties have agreed not to oppose the ratification, confirmation, and enforcement of this Agreement and its provisions by the Courts in any such proceeding. This Agreement will not merge and will remain valid even if a decree or order is issued. It will be included in the final judgment, and it is explicitly agreed that the agreement will permanently bind and conclusively bind each party and will not merge into any final judgment. Additionally, it is an independent contract with enforceable legal obligations that can be separately sued upon.