Mediating Spousal Support Online Jim Melamed Support Questions

Mediating Spousal Support Online Jim Melamed

Support Questions for Julie • Where in the agenda do you address spousal support? Why? • What common responses do you hear from payors? Payees? • What techniques do you use to address the payor's concerns? • • Payee's concerns? What mediation techniques do you use to address impasse on spousal support? How do you find the “perfect” spousal support amount and duration? What lessons have you learned in negotiating support? Any other tips for negotiating spousal support?

Mediating Spousal Support • • • Commonly THE lightening rod issue Legal standard – “style not overly disproportionate” My “comparable suffering” standard Characterize type of support (transitional, ongoing, compensatory) Clarify purposes, goals and assumptions underlying support Amount and duration determinations Clarify triggers and non-triggers Charting spousal support – note the overlap Meeting “half way? ” – Converting to property/debt payment Payment of excess support Insuring the support obligation Tax deductibility?

Calculating. Spousal Support 1. Calculate any shortfall or excess: Combined net income: $______ Less total costs for children: $______ Amount left for parents: $______ Less total parents' needs: $______ Amount of "shortfall" or excess: $______ x 1/2 = $_____ (each party's share of shortfall) 2. Calculate support “target” (entitlement) and support needed: R to receive: R’s personal needs: $_____ +/- shortfall/excess: $_____ total “entitlement” $_____ 3. From Recipient’s Perspective: R has: R's net income: $_____ Less R's Kid oblig: $_____ Amount R has left: $_____ R’s “target”: $_____ Less amount R has to meet = $_____ Net spousal support needed = $_____