DECISIONS CHECKLIST

Things to Consider:

PARENTING DECISIONS

SCHEDULE

School evenings, week nights, and weekends

Three-day weekends

School recesses -Winter and Spring

Summer vacations

Holiday celebrations

Birthdays – Parents’/Child[ren]’s

Mothers’/Fathers’ Day

Telephone/e-mail/texting access to the child[ren]

Transportation between households

Travel away from home with the child[ren]

Etiquette (rules) for visits, cancellations

Changes to the schedule at future times

DECISION-MAKING

Joint agreement, consultation, or sole authority for decisions on:

Education

Extracurricular/weekend activities

Medical care (non-emergency or elective)

Religious upbringing

Child-care providers

INFORMATION

Mechanisms for sharing information about the child[ren]

Receiving records and reports from physicians, dentists, etc.

Receiving reports and notices from schools, teachers, etc.

RELOCATION

Rules or adjustments for change of child[ren]’s residence

SURVIVORSHIP

Interactions with family members if one parent passes

Guardian(s) in the event of the death of both parents

SIGNIFICANT OTHERS

Introduction of New Partners to the child[ren]

PROPERTY AND DEBT DIVISION

ASSETS

Identification of all assets

Classification of assets as Community or Separate

Evaluation, and date for valuation of assets

Distribution

MARITAL RESIDENCE

Who, if either, stays ? If retained by one, what and when paid?

If to be sold, when ? sales price ? division of proceeds?

OTHER REAL PROPERTY

Time Share / Weekend / Country house

Sale, share or buy out?

LIQUID ASSETS

Bank accounts

Investments — mutual funds, stocks, bonds

Life Insurance (cash value)

RETIREMENT FUNDS/ PENSIONS/EMPLOYEE BENEFITS

Deferred Compensation

Stock Options

BUSINESS INTERESTS/OTHER PROPERTY

Automobiles

Livestock

Household furnishings / Personal effects

LIABILITIES

Credit Cards

Other Debts

EXPENSES OF THE CHILDREN

CONTRIBUTIONS TOWARDS BASIC NEEDS

Calculation of needs: By Budget

Under the Idaho Child Support Guidelines

Adjustment upon the emancipation of each child

Modifications at future time/ upon each child’s emancipation

TRAVEL EXPENSES/EDUCATIONAL COSTS

Extracurricular activities

Summer camp/activities/lessons

Private school tuition

College tuition and costs

MEDICAL COSTS

Health Insurance: whose plan? who pays? what reimbursement procedures?

Uncovered expenses and deductibles

CHILD CARE

Costs for both parents to work

Private School Tuition

TAX EXEMPTIONS/CREDITS

Allocation of annual benefits

INHERITANCE

Provisions for the child[ren]

SPOUSAL ASSISTANCE

SPOUSAL SUPPORT (MAINTENANCE / ALIMONY)

Amount

Duration

Cost of Living adjustments

Modification for future changes

Co-habitation definition, effect

SPOUSAL HEALTH INSURANCE

TAX RAMIFICATIONS

CHILD SUPPORT PAYMENTS — not deductible to payor, nor income to recipient

SPOUSAL SUPPORT PAYMENTS — deductible to payor, but income to recipient

DISTRIBUTION OF PROPERTY — no capital gains taxes due upon changes in title

BASIS ISSUES — any appreciated assets ?

CAPITAL GAINS ISSUES — from sale of marital home, or other assets

TAX RETURNS — how to file for Current / Future years

OTHER ISSUES

LIFE INSURANCE — what is needed to underwrite future obligations ?

LEGAL REPRESENTATION — utilized or waived ?

MEDIATION AND COUNSEL FEES – who’s responsible ?

DISPUTE RESOLUTION — mediation and/or arbitration clause for future issues ?

STANDARD PROVISIONS

SEPARATE LIVES – Living independently, as if unmarried

ESTATE WAIVERS – Right to leave estate without restrictions

RELEASES – No lawsuits for other claims

COUNSEL FEES FOR BREACH – Attorney fees awarded for non-compliance

CHOICE OF LAW PROVISIONS – What state law applies

FULL DISCLOSURE – No further, formal discovery needed

FUTURE DEBTS – No spousal responsibility for any new debts

SURVIVAL, NOT MERGER, OF AGREEMENT – Agreement binding after divorce

COUNTERPARTS – Separate signatures allowed

DIVORCE OPTIONS IN IDAHO

NO-FAULT DIVORCE

Irreconcilable Differences (determined by the Court to be Substantial)

Conversion of Legal Separation To Divorce

FAULT-BASED DIVORCE

Adultery

Extreme Cruelty

Willful Desertion

Willful Neglect

Habitual Intemperance

Conviction of a Felony

Permanent Insanity (with confinement for three years)

Separation (without cohabitation for five years)

TIMING ISSUES

Tax Filings

Health Insurance Coverage

Personal Concerns

DIVORCE OPTIONS IN WASHINGTON

NO-FAULT DIVORCE

Irreconcilable Differences (determined by the Court to be Substantial)

Conversion of Legal Separation To Divorce

TIMING ISSUES

90-Day Wait Period

Tax Filings

Health Insurance Coverage

Personal Concerns

spacer

Contact Us:

Jennifer A. Ewers
Phone: (208) 882-9121
Fax: (208) 882-0134
Jennifer.Ewers@EwersLaw.com

Our Location:

609 S Washington,
Suite 206
Moscow, ID 83843

Jennifer A. Ewers, Attorney at Law