Children in Divorce Archives | Page 10 of 18 | Collaborative Law Institute

September 15, 2014

How to provide financially for children after divorce has been a much-discussed topic for decades. Courts have traditionally used child support guidelines established by state government to calculate a monthly payment from one parent to the other. The Minnesota guideline child support calculator incorporates a number of variables, including both parents’ incomes, number of children, parenting time percentages, and children’s medical and day care costs, in arriving at a monthly payment amount. While statutory formulas produce a number, they don’t always resolve the issue. Many unanswered questions may remain, such as: “Is summer camp included in my child support payment?” “Do I have to contribute toward dance lessons on top of my child support?” “Our child needs private tutoring … does my ex have to pay half?” “Who pays for hockey equipment and ice time?” Ambiguity often results in conflict. Some couples return to court again and again to try to resolve questions like these. The emotional and financial costs of repeated court appearances add up in a hurry. The Collaborative divorce process takes a different approach toward paying the children’s direct and indirect expenses. Parents compile a list of their kids’ direct expenses (clothing, haircuts, school lunches, daycare, summer camps, extracurricular activities, etc.) and then discuss options for paying these expenses. Some couples decide to fund a joint children’s account to be used solely for enumerated expenses. Others divide the expenses with mom paying some and dad paying some. Others decide to use the guideline calculator, spelling out how any additional expenses will be covered. Indirect expenses (housing and food) are included in each parent’s budget and are usually part of a more general discussion about support. Collaborative support agreements typically include periodic reviews allowing for adjustments as parents’ incomes and the children’s needs change. Plans like these can preemptively avoid repeated unpleasant discussions in the years following divorce. If you are interested in learning more about the Collaborative process, please visit The Collaborative Law Institute of Minnesota’s website.

September 10, 2014

Peace is possible though we are surrounded by high conflict. In the recent words of former Secretary of State Madeleine Albright, “The world is a mess.” Messiness occurs when people are unable or unwilling to resolve differences without wars of words or weapons. This occurs not only globally but also on a personal scale. And for all the extraordinary human costs of violent conflict, the most deeply distressing is its impact on children. The end of a marriage is not unlike the breaking up of a country based on sectarian differences. Is it possible to disconnect without civil war? Yes, but one must be mindful of the path one is choosing, and deliberately opt to not do battle. Though sometimes complicated, peaceful resolutions are possible if the focus remains the safety and wellbeing of children. I do not believe conflict is inevitable, because for every cause of conflict there is an inverse possibility. In our day-to-day lives, we can choose a path of peace. We can elect to follow The Four Agreements as defined by Don Miguel Ruiz in his book by the same name, and use these principles to help us resolve our differences:

I will be impeccable with my word.
I will not personalize what the other person says, does, thinks or believes.
I will make no assumptions.
I will do my best every day with the energy I have been given.

In Collaborative Team Practice, parents who are getting unmarried can draw from sources of support for the emotional, financial, parenting and legal issues that are involved. Parents remain in charge of their own outcomes, but are given tools to keep the process as respectful as possible, thereby setting the stage for child-centered co-parenting. The world your children will inhabit is in the future. May it be a peaceful one.

August 27, 2014

One of the most valuable outcomes of Collaborative Team Practice for many families is how respectfully the process helps prepare parents for effective co-parenting. Lee Eddison, a very experienced neutral coach in Collaborative Team Practice, aptly describes this as a transition from We (a married couple) to a different kind of We (co-parents).

In Collaborative Team Practice, the expertise to make this transition is available from two mental health professionals on the team, the neutral child specialist and the neutral coach. The neutral child specialist offers a child-inclusive process to assist parents in the creation of a developmentally responsive Parenting Plan. The Parenting Plan lays an important foundation for effective-co-parenting with detailed agreements about decision making; communication; parenting expectations, routines and guidelines; and parenting time. This foundation is considerably strengthened when parents also create a Relationship Plan with their neutral coach.

The Relationship Plan is a set of clear and specific agreements about how parents can communicate effectively and resolve potential or actual conflicts in a productive manner once they have completed their divorce or separation and are on their own. The Relationship Plan is not a list of cookie cutter recommendations or generic advice, but is specifically tailored to the unique needs and concerns of each family.

Included in the Relationship Plan are agreements about necessary boundaries to define safe emotional, physical and communication space for co-parenting.The neutral coach helps parents be specific about what words and behaviors from a co-parent would feel respectful and supportive, what could easily trigger negative emotions, and what to do if negative emotions are triggered. The Relationship Plan helps parents anticipate and prepare for a number of sensitive and potentially complicated interpersonal situations that frequently arise after a divorce or break up.Creating a Relationship Plan also provides an opportunity for parents to articulate and build on their own and their co-parent’s strengths.

In my experience as a neutral child specialist, parents who invest the time and resources to create a Relationship Plan with their neutral coach have prepared themselves as fully as possible for their lifelong relationship as co-parents. On behalf of their children, what could possibly be more valuable than that?

August 22, 2014

The school year brings on new challenges as flexible summers come to a close and more demanding schedules begin. If you are like most parents of school age children, not only are the kids going back to school, but the activities and sports schedules also start to pile on. Here are our top 10 tips for co-parenting that will save your sanity this school year.

Fine turn your parenting plan NOW. Don’t wait until the middle of September after a few hiccups have ready occurred.
Who’s paying for what? If you haven’t already sat down with your ex to discuss this go grab coffee and decide who is paying for school supplies, clothes, school fees, daycare/afterschool care, sports and activities fees, etc. Map this out now to prevent an argument later.
Revisit and outline who has custody for which holidays this school year. Spring break may seem like a lifetime away right now, but now is the time for those discussions.
It’s inevitable – kids get sick. Make sure you are on the same page with a plan in place on who will stay home or pick up the sick child. Will you rotate, do it based on who has custody that day? You decide what works best, and plan for flexibility, but don’t wait until you are on the phone with the school nurse to decide.
Speaking of sick kids, assuming which parent providing medical insurance is already set, decide who is going to pay the uninsured medical costs, co-pays, etc.
Run-down of your regular weekly schedule, which provides appropriate time for each parent. Does is work better for Mom to pick up Matt after soccer practice and take him to Dad’s even though it’s Dad’s night? Parenting schedules will never be black and white, so plan for some flexibility, while preparing for multiple scenarios.
Transportation. Discuss who is driving to school, activities, drop offs, pick-ups etc. Will you be meeting half way to drop off/pick up or at each other’s houses. Are each other’s spouses/significant others “approved” to do so?
Saving for college. Whether there is no money is the budget to save and the “plan” is to wait 2 years to start, or one or both of you can start now, decide who, how much and where the money is going to: savings account, 529 College Saving account, etc.
Introducing new significant others into the mix. Make sure this is discussed now before feelings are hurt later on when mom unexpectedly meets dad’s new girlfriend at pick-up or find out that the kids meet a new boyfriend without dad knowing.
Communication. Last, and the most important tip is communication. The communication you have with your ex will ultimately reflect the relationship you have with your kids. It may not come easy, but continuing to improve communication is best for all parties.

August 21, 2014

The Collaborative divorce process is one of many ways to divorce. It’s not for everyone. So how do you know whether it is right for you and your spouse or partner? Here are a few questions to help you decide:

Do you want your children to be in the center rather than in the middle?
Do you want your lawyer to be a wise counselor rather than a hired gun?
Are you willing to be in the same room with your spouse or partner?
Are you able to speak for yourself and articulate your own goals and interests?
Are you open to solutions that respect both your and your spouse’s interests?
Do you want to focus on future solutions rather than past disagreements?
Do you want a comfortable co-parenting relationship with your former spouse?
Are you willing to experience and live with some discomfort at times during your divorce?
Do you want solutions that take into consideration the uniqueness of your family?
Do you want to model healthy dispute resolution for your children, friends and family?
Do you want to be able to look back on your divorce and feel good about both the outcome and how you handled yourself during the process?

If you answered “no” to any of these questions, another, more traditional divorce process may be a better choice for you. Collaborative divorce is best-suited for couples who understand the value of divorcing well. How you divorce greatly impacts your children’s well-being and your own ability to move forward in life without resentment. If you answered “yes” to these questions, the Collaborative divorce process may be a good choice for you. To find out more, go to www.collaborativelaw.org and contact a Collaborative professional.

August 14, 2014

Perhaps the most important advice I can give someone going through a divorce is to keep the long view in mind. Although it is easy to be swamped by the immediate emotions, the years after the divorce are where you see the impact of your decisions on your entire family. And nothing brings it to the forefront like a milestone event for your child, which I am currently experiencing. My daughter Sarah graduated from high school and will soon be heading off to Wellesley College. This summer has been marked by a graduation weekend with extended family, and soon I will join my fiancé and Sarah’s dad to move Sarah into her dorm. Bringing together the extended family for graduation post-divorce could have been painful and awkward. But it was a wonderful, celebratory weekend filled with love for Sarah and our love and respect for all members of the family. Sarah was in grade school when her dad, John, and I divorced. Divorce is always painful, but we were blessed with a team of collaborative professionals to assist us in the process. I have known for years that a collaborative divorce launched our excellent co-parenting relationship. What really resonated on graduation weekend was the impact on the extended family. My mom flew in from Arizona and John’s mom flew in from New York. These grandmothers had not seen each other since Sarah’s baptism. John’s brother came from Pennsylvania, and he had not seen my mom since our wedding 24 years ago. Also in the mix was my fiancé, Josh, his daughter Lily and his parents. I admit I was a bit nervous about seeing my former mother-in-law and brother-in-law, but it was incredible. We all worked together setting up for Sarah’s graduation party, had multiple meals together, carpooled to the ceremony and sat together cheering for Sarah as she collected her diploma. The love was abundant in all these events, which was priceless. Here’s what collaborative practice allowed for our family: we began to forgive each other and start healing. If we had litigated, the resentments would have become entrenched. By forgiving each other for our failures in the marriage, we could open up to respect and even love towards each other as parents of our amazing daughter. Our tone set the tone for our families – no one needs to choose sides or hold resentments. We can celebrate with full hearts. When we wave goodbye to Sarah at Wellesley this month, she can feel secure knowing her crazy, blended family is behind her, laughing, hugging and linking arms. I am looking forward to the next milestone, when we can all gather again. I know that wouldn’t be possible if we had litigated our divorce. I hope every parent going through a divorce strives for more than just being civil to each other. My hope is that you can celebrate the gifts each parent and family member brings to the life of your child. It starts with your divorce process – collaborative practice allows you to transform your relationship.

August 8, 2014

I received a text message the other day from a friend asking if I heard that mutual friends of ours had filed for divorce. I was not surprised to receive this news as it was a long time coming, however, I was surprised that the driving point of the text was how “ugly” the divorce was going to get. With three little girls between the ages of 6 and 12, ugly is the last thing they need. The exchange made me recall an email that we received at Daisy Camp a few months ago. The women had used one of the best divorce attorneys in the Twin Cities and had been out for blood. It look her five years post-divorce to realize that she wanted to “get better, not bitter,” and that the payback that she was seeking in her divorce would never take away the broken heart or help her to heal. 5 years later she realized that no divorce concessions would have justified as payback, but what she was actually seeking was healing. It is easy to get caught up in the heat of the divorce and not realize that the amount of money, division of property, child support, spousal maintenance (alimony), or the amount of child custody time that is “won” won’t mean a thing if it come at the cost of the relationship if your children. Which is why more and more couples are seeking to divorce collaboratively these days. No one wins in divorce, but you have a lot to lose when a divorce gets ugly.

August 6, 2014

Divorce is a family event that impacts children of all ages.There has been an uptick of divorces for middle-aged and older couples whose children may have already launched their adult lives.Just because children are not living under the same roof with a parent or parents does not mean their lives won’t be deeply affected by family changes that will occur following a divorce.

At Daisy Camp, I have heard many sad stories of communication breakdowns between parents and their adult children during and after a divorce.Adult children experience unique emotional distress and practical challenges. Regardless of age, children can feel caught in the middle if parents remain in conflict.In fact, adult children can experience a heightened sense of betrayal and confusion about what has happened to their family of origin

Here are three considerations for divorcing parents of adult children:

1. It is helpful for adult children if parents are able to inform them about the divorce with a thoughtfully prepared joint We Statement.This allows parents to be more in charge of the message and the tone, and may gently discourage adult children from feeling as though they are expected to take sides or determine who is to blame.A Neutral Child Specialist can assist parents in the creation of a We Statement.

2. Adult children will continue to have personal and family-centered milestones to celebrate, including graduations, engagements, marriages and births of grandchildren. Advance planning and clear communication with adult children about parents’ readiness and willingness to jointly participate can reduce anxiety for adult children.If parents are not ready and willing to jointly participate, being able to constructively problem solve with children so the events can proceed without undue drama is also helpful to them.A worst-case scenario for adult children is feeling helplessly caught in a power struggle between parents for every family event.

3. Adult children may ask difficult questions, and parents need to be prepared to answer honestly but without making their children feel the necessity of taking sides.Keeping children at the center and out of the middle can be especially challenging if there has been an infidelity or other breach of trust in the marriage.Under these circumstances, it can be especially valuable for divorcing parents to get the support and guidance of a neutral mental health professional.

Collaborative Team Practice provides access to skilled mental health expertise from a Neutral Child Specialist or Neutral Coach to guide parents to support their adult children through a difficult transition that will impact the rest of their lives.It is a privilege to help parents create a legacy of healing and respect for their adult children and grandchildren.

August 5, 2014

When you are ready to start a divorce, nothing creates more frustration than the reluctant spouse. How are you supposed to move forward with your life when your husband or wife doesn’t want a divorce? Here is my advice for dealing with the spouse who is dragging their feet. 1. Keep your long-term goals in the forefront, rather than taking short-term aggressive action. A friend of mine from another state called me recently to tell me about her meeting with a divorce lawyer. My friend wants a divorce; her husband doesn’t. The lawyer said she ought to serve and file divorce papers on her husband and tell her three children about the divorce by herself so she controlled the story to the kids. This kind of advice is what gives lawyers a bad name. Like most people with kids, my friend wants to protect them from conflict and have a good co-parenting relationship after the divorce. That means she has to work with her husband, not set up a firestorm of conflict by launching an aggressive attack. 2. Get the right support to help your spouse. A spouse who is not emotionally ready to handle a divorce can make the process difficult. It’s much more effective to connect with resources to help your spouse accept the divorce. If you have been in marriage counseling, you could enlist the counselor to facilitate conversations about your desire for a divorce and options for proceeding. Discernment counseling, which is a limited scope form of therapy, is another approach. Or you could work with a collaborative divorce coach, who is skilled at working with couples who are have a gap in their respective readiness to proceed with divorce. 3. Use the time to gather necessary financial documents. While you are letting your spouse play “catch up” emotionally, it helps to feel like you are taking steps to move forward. One task that has to happen is gathering financial information. You can contact a collaborative financial neutral to find out about their services and the information that will be needed. You can gather records, such as tax returns, mortgage documents, bank statements, and credit card statements. You can look into insurance costs as an individual and look into housing options. Gathering all the financial information usually takes some time, and there is no reason why you can’t get a start on that important step. It will make things go more quickly once you are ready to start the process. It is rare for both spouses to be in the same place emotionally when deciding to end a marriage. If you can give your spouse some time and support to accept that the marriage is over, you gain a less frustrating divorce process and a foundation for a good working relationship as co-parents.

July 22, 2014

In my last blog I wrote about how people travel all around the world to learn about how we Collaborative divorce in Minnesota. In this blog, I want to say a little bit about why that is true. Describing all of the elements of Collaborative Divorce would require more than we could put in one blog. I want to focus on the one element that may stand out above the others: choice. People who face family conflict need choices. Collaborative Divorce takes everyone, including the lawyers outside the court system, so that there is complete freedom for each family to design a process that truly meets their unique needs. Once people arrive at that place where true choices can be made, there are many options. Here are some examples of choices people can make in the Collaborative Process:

People can choose to have a parenting expert help them with their children rather than leaving the parenting issues divorce lawyers.
People can choose to have a financial expert teach them about how to handle finances better rather than just fight over who gets the bigger slice of the pie.
People can choose to improve their communication, and even, if possible improving their respect and trust of each other, by getting the emotional support that they need.
People can choose to focus on their highest goals, like reducing conflict and can avoid getting caught up in minor issues.
People can even choose to put the divorce on pause, if appropriate, to give them time to look at their marriage and determine whether they want to work on reconciliation.

When families are in conflict, trying to fit that conflict into a narrow “one-size fits all” system, can lead to outcomes that do not address true needs. Stepping outside the shadow of the courthouse and letting families design their own course leads to better outcomes. Divorce is difficult. The choices that you make during this important time could affect your family for decades. Before you take the first step, explore all of your options. To find out about the Collaborative option, go to www.collaborativelaw.org.