National Conflict Resolution Center’s (NCRC) Divorce and Family Law Mediation program has been in operation since August of 1994. The program was developed to provide services to clients of all income levels in a way that would be the least stressful and harmful to the clients and their children, if they have them. NCRC recognized that divorcing couples generally had to spend tens of thousands of dollars to have legal assistance in their divorce. Lower income individuals might be able to receive assistance through Legal Aid or the Volunteer Lawyer Program, but only in limited circumstances (e.g. for the custodial parent when the issue was custody). NCRC’s main goal was to provide a service that would help the family get through a legal, financial, emotional and life-changing event in their lives in a way that would minimize damage to either of them and/or the children, and at the same time, be less expensive and more cost effective than a full blown, adversarial litigated divorce.
The structure of NCRC’s program is one that:
• Allows the parties to make the decisions for themselves because they know more about what they and their children need than lawyers or judges;
• Makes sure that the parties have the legal, financial and personal information that they need to make good decisions. (They may be referred out to consulting attorneys for legal advice, divorce financial experts for financial advice, and therapists for personal and emotional support.)
• Provides a resource to the parties so they can understand the court timelines, form requirements, etc.
• Gives the couple a choice of mediators and a choice of locations. The mediators are family law attorneys, a family law retired judge and a licensed child psychologist, who provides confidential mediation services. The locations are in Downtown, El Cajon, Chula Vista, Encinitas and Vista.
• Allows them to maintain control over how and when they spend their money. They pay for sessions at the end of the sessions and they pay for documents whenever they are ready to do so (NCRC/WCRG doesn’t prepare the documents until the parties pay for them, but they may pay as their budget and interests allow.) We take Visa, MasterCard and Discover Card which can also make it a little easier for them.
The mediators and NCRC/WCRG administrative staff do their best to make the process smoother and easier for the parties. That’s what we do.
*West Coast Resolution Group (WCRG) is a new division of NCRC. Retired Judge Susan P. Finlay provides mediation, private judging, settlement conferences through WCRG.
Wednesday, September 5, 2012
Wednesday, May 2, 2012
NCRC’s Family Law Mediation Panel has Expanded
NCRC is pleased to announce that Frank Nageotte, Esq. a certified Family Law Specialist and Hon. Susan Finlay (ret.) have joined NCRC’s Divorce and Family Law Mediation program. Judge Finlay is part of NCRC’s division called West Coast Resolution Group (WCRG).
Both have many years of experience as family law attorneys, and Judge Finlay also has additional experience as a Family Law judge. She sat in Chula Vista and then Downtown family Court.
Both Frank and Judge Finlay will be providing mediation services, and Judge Finlay will also be available for Private Judging and to conduct Settlement Conferences.
Parties using mediation do not need to have retained attorneys. If they do, it is their choice whether to have them attend the mediation sessions with them or not. They often have consulting attorneys who advise them outside of the sessions and review any paperwork prepared by the mediator. Such consulting attorneys may also attend sessions if both parties agree.
For Private Judging or Settlement Conferences, at least one of the parties is required to have an attorney. If both parties have attorneys, it is expected that the attorneys will be active participants in the hearing or the Settlement Conference, unless they advise us otherwise.
Parties can sign an agreement (Stipulation) letting the court know that they plan to use a private, retired Family Law Judge, that the decision will be entered into the court record, and will be enforceable.
For more information about NCRC’s Divorce and Family Law Mediation services, you can go to www.ncrconline.com or www.westcoastresolution.com.
Thursday, April 19, 2012
Guide to Support Guidelines, Part 2: Spousal Support
Many spouses struggle with the idea of paying their spouse support after the marriage has ended.
California is a no-fault divorce system, but the concept of spousal support dates back to when all divorces required fault. If the husband were at fault, he was required to continue supporting the wife, since women did not work and could not own property. This idea was maintained in American law as a form of punishment for the spouse considered at fault for the divorce.
Now, the purpose of spousal support has changed from being a punishment to being a way for each spouse to reintegrate themselves into single life as easily as possible. The purpose of spousal support is to allow a party who earns less to become self-sustaining gradually. Spousal support also serves to recognize the receiving spouse’s contribution to the marriage while assisting them towards financial independence.
There are two forms of spousal support, temporary and permanent. Temporary spousal support can be granted from the time of filing for divorce until judgment is entered. There are no guidelines specifically for temporary spousal support, but courts generally look at the same guidelines as are required for permanent support. However, the process is highly discretionary.
When a court awards permanent spousal support, there are ten statutory guidelines that they must consider. These guidelines include things like each party’s ability to maintain the marital standard of living considering their earning potential; the ability to pay spousal support; the debt obligations of each party; the length of the marriage; the age and health of the parties; and several other factors. If you would like to see all of the factors, you can find them at Section 4320 of the California Family Code.
As with child support, there is a computer program that can calculate how much spousal support is owed based on factors such as the income of each party versus their expenses. However, the court is prohibited from relying on the computer calculation alone; it must consider each of the ten factors from Section 4320 on the record.
How long spousal support continues typically depends on whether the marriage was short term or long term. A marriage is considered short term when the parties were married less than 10 years. When a marriage is short term, spousal support will usually be given for half the length of the marriage. When a marriage is long term, the judge does not set an end date for spousal support at the time the divorce is granted. Spousal support does end when the receiving spouse remarries or either spouse dies.
When using mediation, all of the above is flexible and subject to the agreements of the parties. If the parties both want to waive spousal support permanently, they can do so. This means that California will no longer have the jurisdiction, or the power, to grant spousal support between the parties in the future.
Parties can also choose to waive support but maintain California jurisdiction, set an end date even if they had a long term marriage, or any other arrangement that is agreeable to both parties.
California is a no-fault divorce system, but the concept of spousal support dates back to when all divorces required fault. If the husband were at fault, he was required to continue supporting the wife, since women did not work and could not own property. This idea was maintained in American law as a form of punishment for the spouse considered at fault for the divorce.
Now, the purpose of spousal support has changed from being a punishment to being a way for each spouse to reintegrate themselves into single life as easily as possible. The purpose of spousal support is to allow a party who earns less to become self-sustaining gradually. Spousal support also serves to recognize the receiving spouse’s contribution to the marriage while assisting them towards financial independence.
There are two forms of spousal support, temporary and permanent. Temporary spousal support can be granted from the time of filing for divorce until judgment is entered. There are no guidelines specifically for temporary spousal support, but courts generally look at the same guidelines as are required for permanent support. However, the process is highly discretionary.
When a court awards permanent spousal support, there are ten statutory guidelines that they must consider. These guidelines include things like each party’s ability to maintain the marital standard of living considering their earning potential; the ability to pay spousal support; the debt obligations of each party; the length of the marriage; the age and health of the parties; and several other factors. If you would like to see all of the factors, you can find them at Section 4320 of the California Family Code.
As with child support, there is a computer program that can calculate how much spousal support is owed based on factors such as the income of each party versus their expenses. However, the court is prohibited from relying on the computer calculation alone; it must consider each of the ten factors from Section 4320 on the record.
How long spousal support continues typically depends on whether the marriage was short term or long term. A marriage is considered short term when the parties were married less than 10 years. When a marriage is short term, spousal support will usually be given for half the length of the marriage. When a marriage is long term, the judge does not set an end date for spousal support at the time the divorce is granted. Spousal support does end when the receiving spouse remarries or either spouse dies.
When using mediation, all of the above is flexible and subject to the agreements of the parties. If the parties both want to waive spousal support permanently, they can do so. This means that California will no longer have the jurisdiction, or the power, to grant spousal support between the parties in the future.
Parties can also choose to waive support but maintain California jurisdiction, set an end date even if they had a long term marriage, or any other arrangement that is agreeable to both parties.
Wednesday, March 28, 2012
A Guide to Support Guidelines, Part 1: Child Support
There are two kinds of support available in a dissolution case, child support and spousal support, and you may have heard someone refer to the “guidelines” for determining the amount of support.
The child support guidelines are located in the California Family Code. The purposes of the guidelines are: that the parents’ first and principal obligation is to support minor children according to their circumstances; that both parents are mutually responsible; and that the interests of the child are the priority.
The guidelines provide a complicated mathematical formula that determines the baseline for child support, based on the financials of each parent, the number of children, and the amount of time that parent has physical custody of the child. Lawyers and judges typically use a computer program called Dissomaster, where you plug in each of these numbers and the program calculates the amount of support.
There is a statutory presumption that the amount calculated using the guidelines is the correct amount of child support. However, a judge can adjust the amount when they find the presumption has been rebutted by circumstances. One such circumstance is when the parties stipulate – or agree – to an alternate amount.
In mediation, all of the family law mediators have the computer program, DissoMaster, that courts use to calculate the amount. However, there is no requirement that the parties agree to that amount; if the parties come to an alternate agreement, they can put it in their agreement and the court will accept it. The only rule is that child support cannot be permanently waived, because it is actually a right of the child and not the parent. The amount can be set at $0, with the knowledge that could be adjusted in the future.
Parents are typically responsible for child support until the child reaches the age of majority, which in California is when the child is 18 and out of high school, or when the child is 19.
Child support is not tax deductible for the payer (this differs from spousal support), and there is no tax obligation for the spouse receiving child support.
The child support guidelines are located in the California Family Code. The purposes of the guidelines are: that the parents’ first and principal obligation is to support minor children according to their circumstances; that both parents are mutually responsible; and that the interests of the child are the priority.
The guidelines provide a complicated mathematical formula that determines the baseline for child support, based on the financials of each parent, the number of children, and the amount of time that parent has physical custody of the child. Lawyers and judges typically use a computer program called Dissomaster, where you plug in each of these numbers and the program calculates the amount of support.
There is a statutory presumption that the amount calculated using the guidelines is the correct amount of child support. However, a judge can adjust the amount when they find the presumption has been rebutted by circumstances. One such circumstance is when the parties stipulate – or agree – to an alternate amount.
In mediation, all of the family law mediators have the computer program, DissoMaster, that courts use to calculate the amount. However, there is no requirement that the parties agree to that amount; if the parties come to an alternate agreement, they can put it in their agreement and the court will accept it. The only rule is that child support cannot be permanently waived, because it is actually a right of the child and not the parent. The amount can be set at $0, with the knowledge that could be adjusted in the future.
Parents are typically responsible for child support until the child reaches the age of majority, which in California is when the child is 18 and out of high school, or when the child is 19.
Child support is not tax deductible for the payer (this differs from spousal support), and there is no tax obligation for the spouse receiving child support.
Thursday, March 22, 2012
Third Saturday Gets Positive Feedback
Third Saturday, NCRC’s informational workshop for individuals or couples thinking about or in the middle of divorce or legal separation (or dissolution of a domestic partnership) is now in its second year. The feedback from attendees is that it is “well worth the time” and “helped them to better understand all aspects of divorce.” In addition, they become familiar with some of the resources available to them if they need advice or assistance from an attorney, a financial expert, or a therapist and how mediation might be their best option.
If you are in that position, i.e. thinking about or in the middle of divorce or separation, you will undoubtedly find Third Saturday to be helpful. A family law attorney discusses the legal issues; a certified divorce financial analyst discusses the financial aspects; a therapist discusses the personal impact of divorce, as well as how it affects the children, whether minor or adult; and a mediator talks about mediation.
Many people think that mediation will only work if the couple is amicable or cooperative, and NCRC’s experience shows that high conflict couples can also successfully resolve all their issues in mediation at a fraction of the cost of litigating the same issues.
For more information about Third Saturday, call NCRC at either 619-238-2400 or 760-494-4728, ext. 0 to register. The cost is $45. If you preregister by the day before, there is a $10 discount.
You may also go to NCRC’s website for more information: www.ncrconline.com.
If you are in that position, i.e. thinking about or in the middle of divorce or separation, you will undoubtedly find Third Saturday to be helpful. A family law attorney discusses the legal issues; a certified divorce financial analyst discusses the financial aspects; a therapist discusses the personal impact of divorce, as well as how it affects the children, whether minor or adult; and a mediator talks about mediation.
Many people think that mediation will only work if the couple is amicable or cooperative, and NCRC’s experience shows that high conflict couples can also successfully resolve all their issues in mediation at a fraction of the cost of litigating the same issues.
For more information about Third Saturday, call NCRC at either 619-238-2400 or 760-494-4728, ext. 0 to register. The cost is $45. If you preregister by the day before, there is a $10 discount.
You may also go to NCRC’s website for more information: www.ncrconline.com.
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