Child Custody and Child Support Part II

Part II
CHILD CUSTODY,
ACCESS, SUPPORT AND
HEALTH INSURANCE

CHILD CUSTODY AND ACCESS

(A) CUSTODIAL ARRANGEMENT – In view of the age of the child(ren) as well the current living circumstances of the parties, it is mutually agreed that the [Custodial-parent] of the parties’ infant child(ren):  [Children-namesanddob]. The [Primary-residentialparent] shall be designated as the primary residential parent.

(B) TIME OF ACCESS – [Child-access] It is mutually agreed that each party shall have access with the parties’ child(ren) on a liberal and reasonable basis pursuant to a schedule worked out directly between the Mother and Father and anticipated to be on a weekly basis with the times being  adjusted by the parties in accordance with their work schedules and the customary schedule of the child(ren).  The parties have agreed to discuss and agree on how the children are transported to and from each party for the purposes of access and visitation.

(C) HOLIDAY ACCESS – [Holiday-access] The parties decline to set a holiday access schedule. Both parties agree that each shall continue to enjoy access with the minor child(ren) for the holidays as they have traditionally, giving weight and effect to past family holiday traditions. The parties agree that they each shall enjoy access to the parties child(ren) on all major Holiday and School Vacations regular School Holidays and that should they be unable to agree on a Holiday and Vacation schedule then either party may petition a court of competent jurisdiction for such schedule.

(D) DECISION MAKING – The Father and Mother shall cooperate to the maximum degree so as to advance the emotional and physical health and well-being of their child(ren), and to give and afford him the sense of security and the benefit of a relationship with each of the parents. Neither parent will directly or indirectly influence the child(ren) so as to prejudice her against the other parent. The Father and Mother shall endeavor to guide the child(ren) so as to promote the affectionate relationship each parent. When it seems necessary to adjust, vary, or increase the time allotted to either parent or otherwise take action in regards to the child(ren), each of the parents will act for the best interest of the child(ren). Every reasonable effort shall be exerted to maintain full access and unhampered contact between the child(ren) and both parents. Neither parent shall do anything that may estrange the other from the child(ren), injure the opinion of the child(ren) as to the other parent or hamper the free and natural development of the love of the child(ren) for the other parent. The Father and Mother recognize that there is a special need to cooperate with respect to the welfare of the child(ren).

With respect to those matters which involve the health, education and general well-being of the child(ren), it is agreed that both parties shall participate in the decision-making process, with the expectations that both parents will provide parental guidance to the child(ren) during the course of upbringing.

The parties agree that it is their intent that each party shall have input into important matters bearing upon the health, welfare or education of the child(ren). Each parent agrees to inform the other with regard to all such matters, and the parties have agreed to confer with each other with a view toward arriving at parental decisions best calculated to promote the interest of the child(ren). Further, both parents shall have equal access to the medical and school records of the child(ren), as well as notices of any right to attend parent/teacher or like meetings, athletic, cultural, religious or academic events or medical appointments concerning the child(ren).

(E) EMERGENCY – Each party shall immediately notify the other in the event of the child(ren)’s illness or accident, and the other parent shall be entitled to be with the child(ren) during recovery on a liberal and open basis wherever the child(ren) may be.

(F) TELEPHONE CONTACT – The parties mutually agree that there shall be unrestricted telephone access between the parties and the child(ren) during reasonable hours and for a reasonable duration while they are under the care and supervision of the other parent.

(G) CURRENT INFORMATION – Each party shall provide the other with current telephone number(s) and address at which he or she can normally be reached at day or night. Both parties shall keep each other informed at all times of the child(ren)’s telephone number and residence.

(H) DESIGNATIONS – The parties shall see to it that the designations of “FATHER” and “MOTHER”, or their equivalents, shall always be used by the child(ren) to refer to the parties, and to no other persons.

(I) GUARDIAN – In the event of the death of one of the parties, sole custody of the child(ren) shall go to the surviving parent. Except for the contingency of the death of both parties, this Agreement specifically prohibits either party from nominating or appointing a guardian or custodian of the child(ren) in the event of that party’s untimely death.

(J) COUNSELING AND THIRD-PARTY CONTACT – The parties have agreed to attend family counseling in the future if they mutually agree that it is the best interest of the parties.

(K) DISAGREEMENTS – If the parties are unable to resolve disagreements regarding anything in paragraph (A) thru (J) above they may apply to a Court of competent jurisdiction to enforce or modify the terms thereof without any showing of a change in circumstances and based solely upon the best interests of the child(ren)

CHILD SUPPORT
(OPT-IN or OPT-OUT)

CHILD SUPPORT OPT-IN:  The parties have been advised of the Child(ren) Support Standards Act (“CSSA”) and all its provisions, which set forth guidelines for child support obligations and acknowledge that understand the provisions of the CSSA. They have been apprised of the New York State Website setting forth those guidelines. (https://www.childsupport.ny.gov/child_support_standards.html & https://www.childsupport.ny.gov/dcse/pdfs/CSSA.pdf ) The parties have voluntarily entered into this agreement to opt into the application of the provisions of the CSSA. The parties acknowledge that if the CSSA was strictly applied it would set the presumptive amount to support the Child(ren) of the marriage  and in their case is for [Cssa-percentage] of their combined parental income, up to $143,000.00 per year and an additional percentage or discretionary sum for combined parental income over $143,000.00 per year. Based upon the parties most recently available State and Federal Income Tax Returns and/or their most recent yeat to date earnings and/or the self suppport reserve (if applicable), the Husband’s income after deducting FICA or (%7.65) for the purposes of the CSSA is [Husbands-income] and the Wife’s income deducting FICA or (%7.65) is [Wifes-income] thereby making the combined parental income [Combined-income] Based upon this parental income and applying the percentage requirements of the CSSA the combined parental support obligation would be [Combinedsupport-annually] annualy or [Combinedsupport-weekly] per week with the Husband responsible for [Husbands-percentage] or [Husbands-supportobligation] per week and the Wife responsible for [Wifes-percentage] or [Wifes-supportobligation] per week. The parties have agreed to [Parties-option] the strict application of the CSSA and that [Support-payor] shall pay the sum of [Support-amountpayable] to [Support-payee] as and for child support.   It [Payrolldeduction-shallshallnot] be payable by direct payroll deduction from husbands wages commencing upon the date that this agreement is signed. The parties agree that the Husbands obligation under this agreement meets the sums required under the CSSA and is in compliance with the CSSA parties are aware of the availability of child(ren) support enforcement services under Domestic Relations Law Section 240(1)(a). Notwithstanding any other provision of this agreement, the parties agree to renegotiate the provisions of this paragraph upon the expiration of three years from the date the parties execute it. The parties agree to exchange income tax returns each April 15, commencing after the third anniversary of this agreement.

CHILD SUPPORT OPT-OUT:  If the parties have OPTED-OUT of the strict application of the Child Support Standards Acts (CSSA) the reason that they have done so is because the substantial amount of access that the payor has with the parties children and/or because of the additional amount of  additional support or provided to the children or payee including if applicable the payment of health insurance for the children.  Specifically, those additional  reasons the parties have decided to OPT-OUT in this particular case are:  [Reason-optout]

CHILD(REN) SUPPORT MODIFICATION

The parties are aware of Domestic Relations Law Section 236 Part B (7)(d) which provides that a child(ren) support order may be modified if: (i) there has been a substantial change in circumstances; or (ii)) three years have elapsed since the order was last entered, modified or adjusted; or (iii) there has been a change in either party’s gross income by fifteen percent or more since the order was last entered or adjusted. The parties agree that each April 15, commencing after the third anniversary of this agreement they will exchange their income tax returns and discuss any appropriate adjustment in the amount of child(ren) support to be paid by the Husband to the Wife. In the event that the parties cannot agree then, either party may petition a Court of competent jurisdiction to request a modification of support. The fact alone that the parties cannot agree to an appropriate modification of CSSA Child Support will be considered alone a substantial change in circumstances as required for requesting modification under the CSSA but with due weight and credibility as to why the parties decided OPT-IN or OPT-OUT as set forth in this agreement.

OTHER HEALTH INSURANCE PROVISIONS

(A)      MEDICAL INSURANCE –  The parties have agreed that once a judgment of divorce is filed, the parties shall continue to provide medical insurance for the benefit of the minor child(ren) for so long as permitted by the parties current insurance carrier and that each party shall provide for their own health insurance needs after the parties are divorced.

(B)       DOMESTIC RELATIONS LAW, SECTION 255 – Both parties fully understand that upon entering into the within Agreement, they may no longer be allowed to receive health coverage under their former spouse’s health insurance plan.  The Husband or the Wife, as the case may be, may be entitled to purchase health insurance on their own through a COBRA option, if available; otherwise, that party may be required to secure their own health insurance.

(C)       UNINSURED OR UNREIMBURSED CHILD(REN) HEALTH AND DENTAL EXPENSES – The parties agree to divide uninsured health and dental expenses or their child(ren) of the marriage, in proportion to their earned income as calculated above, that being [Husbands-percentage] Husband’s responsibility and [Husbands-percentage] Wife’s responsibility.

Part III
EMPLOYMENT, INCOME AND
EQUITABLE DISTRIBUTION

…..to be continued