Settlement agreements in divorce cases tend to be long and detailed. These agreements cover issues involving child custody, child support, spousal maintenance, the division of property, how much time each parent spends with the children, who pays for college and various other issues. It is important that the language in the agreement is clear and not subject to multiple interpretations.
The agreement should lay out the responsibilities of each of the parents in a clear and concise manner.
Visitation and Parenting Time Issues
The agreement should have a chart that breaks down what holidays are being celebrated by the children and who has parenting time with the children in odd and even years on these holidays. The agreement should also clearly stress if the holiday falls after a weekend whether the weekend and holiday shall be observed by the same parent having parenting time with the children.
A Tiebreaker
Generally speaking most parenting agreements do not have time tiebreakers. So, if one parent has to confer with the other parent on a particular issue and the parents disagree how that issue should be resolved concerning the children, there needs to be a tiebreaker. The tiebreaker in most agreements is the residential custodial parent. Unfortunately, clauses giving the residential custodial parent the final say on significant issues involving the children can be misused by that parent.
Read the Agreement Carefully
If you are entering into a settlement agreement on a divorce to start with you should carefully read it. Review all terms, conditions, obligations and matters involving financial responsibilities, visitation and custody with your attorney. Make sure you are absolutely clear as to what your responsibilities are, and the responsibilities of the other parent are with regard to all of the terms and conditions of the agreemen
Elliot S. Schlissel, Esq. is the managing partner of Schlissel DeCorpo LLP. He has been representing parties in divorce and Family Court cases for more than 45 years. He can be reached for a free consultation at 800-644-6431 or e-mailed at Elliot@sdnylaw.com. .
