Name of each Spouse:
Address:

Phone:
Date of Birth, each:
SSN, each:

Date and Place of Marriage:
Do you have a copy of the marriage certificate?
Previous Marriages, by either or both:

Number of Years Living in Current State:
Residence of State since, each:

Employment Experience

First Spouse:
Second Spouse:

Premarital Agreement (if so, attach):

Children

Name of each Child:
Date of Birth:
SSN:
Parent(s):

Temporary Child Support Sought

Custodial Parent will seek temporary child support of $ _________ per month, per child.

Temporary Alimony Sought

Custodial Parent will seek temporary alimony of $ _________ per month, per child.

Marital Home:

The home will be sold, and the net proceeds will be divided in the following percentages:
Custodial Parent __%; Non-Custodial Parent __%.

Financial Information

Balance Sheet

Assets

Spouse 1    Spouse 2        Joint
House
Checking Accounts
Savings Accounts
Certificates of Deposits
Stocks
Bonds
IRAs
Retirement Plans
Pension Plans
Life Insurance (Cash Value)
Business Property
Accounts Receivable
Loans
Vehicles
Boats
Jewelry
Clothing
Sporting Equipment
Collections
Other Assets

Total Assets:

Liabilities

Real Estate Mortgage
Home Equity Loan
Credit Card Debt
Vehicle Loans
Student Loans
Other Debts

Total Liabilities:

Net Worth (Assets-Liabilities):

Monthly Income

Spouse 1        Spouse 2        Joint

Salary (gross)
Bonuses/Commissions
Investment Accounts
Rental Property
Other Income

Total Income (Monthly):

Monthly Expenses

Spouse 1        Spouse 2        Joint

Housing (Mortgage & Taxes)
Auto (loans/expenses)
Food
Clothing
Child Care & Education
Income Taxes (including SS; all deduct)
Insurance (life/disability)
Insurance (property)
Utilities
Phone/Subscriptions of all kinds
Health Care/Medicine
Recreation
Student Loans
Home Maintenance
Alimony (Previous)
Child Support (Previous)
Charity
Miscellaneous (10% or more)

Total Expenses:

Other Information

Divorce Work Sheet
Review List

This review list is provided to inform you about this document in question and assist you in its preparation.  A Divorce Worksheet is not a legal document, and therefore, does not require any signature, witnesses, or notarization.  It is merely a worksheet to assemble information about you and your family if you are preparing for a meeting with an advisor regarding a divorce.

If you live in a community property state, the rules are different.  The following states have adopted community property laws: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.  Division of property in community property states also requires a determination as to whether the property was brought into the marriage or acquired during the marriage.  The issues become very complicated if separate property is commingled with marital property or if the couple resided in both a community property state and a non-community property state during the marriage.

_____________, referred to herein as HUSBAND and _______________, referred to as WIFE, agree:

The parties were lawfully married on _____________ at __________, _________. Difficulties have occurred between the parties, and they have agreed to live separate and apart.

The parties nevertheless desire to resolve certain issues and consequently, have entered into this agreement.

The parties have ___ children born of this marriage, named:
__________________________________________________________ born, ______________________________________, respectively.

The parties have made a complete disclosure to one another of financial matters and each is satisfied that they have had sufficient disclosure of the parties individual and joint finances.

The parties have each been advised by advisors of their own choice regarding their legal rights and any disclosures made herein.

The husband shall assume the following debts, and hold the wife harmless from the same:
_______________________________________________________________

The wife shall assume the following debts, and hold the husband harmless from the same:
_______________________________________________________________

Neither party shall incur any further debts which may result in joint liability. In the event that either party incurs a debt on joint credit of the parties, they shall be responsible for the same.

As child support, HUSBAND shall pay support weekly the sum of $ ____ (___________&___/100 dollars).

The HUSBAND shall maintain ______ insurance for the benefit of _____________________.

Personal property of the parties shall be divided as follows:

The HUSBAND shall have the following property:
_______________________________________________________________

The WIFE shall have the following property:
_______________________________________________________________

If any debts are associated with the items of property divided herein, the party receiving the same shall assume the debt and hold the other party harmless from such debts.

Any property not specifically divided herein shall be subject to distribution at a later time.

The ___________________ shall have temporary possession of the residence owned by the parties located at _____________________.  Expenses related to the residence shall be borne by the parties as follows:

Husband: ________________
Wife: ___________________

The parties agree that this agreement is intended to be a final disposition of the matters agreed upon herein. This agreement may be introduced into evidence and incorporated in a final decree of dissolution of marriage. In the event that any disputes occur regarding this agreement the prevailing party shall be entitled to reasonable counsel fees regarding such enforcement.

THIS IS A LEGALLY ENFORCEABLE AGREEMENT. READ CAREFULLY AND OBTAIN LEGAL ADVICE BEFORE EXECUTING THIS AGREEMENT.

Dated: __________________________________

_______________________________________________
______________________________________, HUSBAND

_______________________________________________
_________________________________________, WIFE
Witnesses as to HUSBAND:

_______________________________________________

_______________________________________________

Witnesses as to WIFE:

_______________________________________________

_______________________________________________

Pre-Divorce Agreement
Review List

This review list is provided to inform you about this document in question and assist you in its preparation.   Pre-divorce agreements can save a ton of time, money, and emotional pain.  The paying party needs the time and emotional freedom to earn the money to fund the agreement.  This is a factor often misunderstood by the receiving party.  Lawyers can easily fan the flames and consume the family assets in a fight or worse yet, a war, over what there is.

If one party or the other has not provided clear and complete disclosure of assets, then that part of the agreement can be challenged easily—and overturned frequently—while leaving the rest in place so the parties can get on with their future life and responsibilities.

1.  Make multiple copies.  Get multiple witnesses.  Hold firm to the agreement should lawyers arise on the other side.  The more aggressive the lawyer on the other side, the wiser it is to hang on to this agreement.

Divorce General Release

________________ (“Husband”) of _________________________ and _____________
(“Wife”) of ____________________________ entered into a divorce and Separation Agreement that provided for various financial payments between the parties and covered all financial aspects of their marriage and divorce settlement.

Husband and Wife now agree that they completely and absolutely discharged their individual and collective obligations under that Agreement in full to each other and to any children involved in the Agreement and hereby offer a general and final mutual release and hold harmless Agreement to the other.

As a final declaration, Husband and Wife hereby release each other and hold each other harmless for all obligations of any kind prior to today’s date.  It is the absolute and final intent of Husband and Wife that they hereinafter have no financial obligations of any kind between themselves and never expect to have any in the future.

Any changes to this agreement must be in writing and signed by both parties.  Any disputes must be brought in the state of ____________________.

In witness hereof, each party has signed this General Release.

________________            __________________
Husband                Wife

Date:

Divorce General Release
Review List

This review list is provided to inform you about this document and assist you in its preparation.  Although this document is not strictly required after the financial arrangements have been completed in a divorce, it is an extremely efficient instrument to summarize the completion of the transaction and experience.  It particularly serves to tie up any loose ends on the subject relating to Estate Planning for the parties.

It also puts the former payer’s mind to rest that the deal is finally “done.”  Having said that, however, the receiver of the money is sometimes reluctant to “let go” of the club the divorce agreement gave them.  This reluctance, if seen by the other party, can serve to alert them that, despite the documents and the completion of them, it isn’t “over” yet—and they can be rightfully vigilant with regard to any new problems arising relating to the old agreement and relationship.

1.    Make multiple copies.  Give one to both parties so they each have an original.  After signature, make copies and keep them with all copies of your Estate Plan and/or Will, as well as with the Divorce file itself.
2.    To the payer, best of luck in getting this document signed!

Date:

Dear ______________.

The purpose of my letter is to plan the visit of  ____________ (Name or Names) with me to begin on _________ (Date), at ________ (Exact Time) and to be returned to you on ____________ at ___________.

Please include a written list with anything you believe I should know or be aware of regarding medicines, illnesses, or other such things I should be alert for.  Please pack the following special clothing ______________________________ because we plan to do the following: _____________________________.

Thank you for your help in all of this.

Best regards,

___________
Parent Picking Up Child

Child Visitation, Standard Notice
Review List

This review list is provided to inform you about this document in question and assist you in its preparation.  Notice to the custodial parent is an important thing to most of them.  It is advised that the visiting, or non-custodial parent, observe the formalities of the visitation requirements, especially in early days of the divorce relationship.

Fights break out easily enough in these matters without fanning the flames.  Considerate treatment of each other goes a long way towards dosing the flames, at least to a smoldering condition.

1.    Sign the letter.
2.    Keep a folder with letters of this kind in them, especially if you are the person paying child support, alimony, and the like (generally the non-custodial parent).
3.    Courts have made it clear, on a repetitive basis, that payment or nonpayment of child support and various other financial matters do not impact the rights to visit the minor children involved.
4.    This means the non-custodial parent may not withhold money payments if their visitation rights are violated and custodial parents may not withhold visitation rights if money is not paid as due by court order or agreement, certified by the court.
5.    Visitation is supposed to be about the children.  Try to keep it that way.  Good luck!

________________________, referred to as HUSBAND, and _______________________, referred to as WIFE, agree:

The parties were lawfully married on ______________________ at __________________________. Since such time they have continued to be married.

The parties separated on or about ________________________, and entered into a separation agreement dated _________________________.

The parties have settled their differences, and desire to terminate the separation agreement. The parties herewith mutually release one another from all claims or demands provided for in the separation agreement. However, if pursuant to the agreement, any property was absolutely transferred between the spouses, such transfers are herewith ratified and shall remain absolute. The parties have reconciled as of ____________________________.

Henceforward, the parties shall live together as husband and wife. Any statutory rights of inheritance or property shall be fully restored. The parties agree that within 10 days of the date of this agreement, the parties shall each examine their wills and testaments, if any, and shall amend the same if necessary to comply with the intent of this agreement.

The parties have each had a full and ample opportunity to consult with legal and other counselors of their own choice and have reviewed the terms of this agreement with their advisors.

The parties have instituted a petition for divorce before the _________________________ Court, bearing case number ____________________. The parties shall petition the court for dismissal of this action.

This agreement is the entire agreement between the parties and the same may only be modified by a written agreement executed by both parties.

Dated: _____________________________

___________________________________
Husband

___________________________________
Wife

____________________________________
Notary:
My Commission Expires on:

Reconciliation Agreement and Release of Separation Agreement
Review list

This review list is provided to inform you about this document in question and assist you in its preparation.   This is happy moment should it occur.  However, you should be careful about how quickly you co-mingle your assets again.  You would be well advised to consider keeping them separate, if you have done so, and/or finalizing that process.

1.    Make multiple copies.  Be sure to have this document notarized for presentation to a Court at a later date if required then or now, if needed for dismissal of a divorce case pending.

Date:

To:  Whom It May Concern:

Please forward to my attention a divorce certificate for:

Exact Names:
Date of Divorce:
Town or City:

Please send a copy of the divorce certificate to me as soon as possible.

Enclosed is my credit card information for your use to pay for my request:

Credit Card Number:
Expiration Date:
Exact Name on Card:

If you require a check instead, please send me the amount due in the enclosed stamped self-addressed envelope and I will send it to you by return mail.

Thank you for your assistance in this matter,

Best regards,

_____________
Signer

Divorce Certificate, Request for
Review List

This review list is provided to inform you about this document in question and assist you in its preparation.  If you are a Trustee or Executor, include a copy of your authorization with this request.  It is not absolutely necessary, but can be helpful.

Keep a copy of the transaction so you can send in a second notice.  We recommend you make a phone call, if possible, to the proper location first to find out whether you need to have a bank check instead of a credit card, the correct amount of the total charge, and the proper department to send it to.  On the other hand, if you have time and are not in a hurry, it can be less frustrating and just as effective in the long term, to send out an initial letter and let the bureaucracy grind slowly and respond at its pace.

A divorce certificate is needed for estate filings and a host of other matters.  If you do not have one in your safe or home files, you are well advised to get one and put it with your important papers.

Note:  Requests for birth certificates and marriage licenses appear in the Family Section, and are useful for Divorce matters.

This Property Settlement (“Agreement”) is made and effective _______________, by and between _______________________(“Wife”) of _________________________, and ______________________ (“Husband”) of ________________________.

The parties were married on _____________ in_____________________, and have since that time been and are now by law Husband and Wife.

The parties have minor children. The children’s names and ages are:

__________________________________________________________.

It is the desire of the parties by execution of this Agreement, to fully and for all time settle and determine the property rights of the parties, all rights of support and maintenance, all rights and claims arising out of he marriage relationship including dower, curtesy, maintenance, inheritance and homestead, together with any and all other rights existing between the parties or claims one against the other, arising out of the marriage relationship of the termination of said relationship, or otherwise, independent and regardless of the circumstances

THEREFORE, each of the parties hereto, in consideration of the mutual promises, covenants and promises to enter into and abide by this agreement.

The parties shall have join care, custody and control of their minor children with primary residence beginning with the wife but it being understood that the husband shall be given primary residency rights for the children for some reasonable time prior to the children reaching their majority.

It shall be the mutual responsibility of Husband and Wife to arrange for the transportation
of a child for visitation rights to the nonprimary residence parent.  Each party shall give the other at least 48 hours notice if he or she does not intend to exercise his or her rights to visitation on a particular occasion.

Each of the parties shall supply the other with his or her current address and telephone number and hall advise the other of any changes which may occur and shall keep the other advised as to the hereabouts of the minor children.

Under the above-described residential custodial arrangement, the Custodial Parent shall have the primary daily responsibility for the guidance and upbringing of the minor children while the minor children are in the Custodial Parent’s residence.  Both parties have the right to participate with the other in affecting a child including, but not exclusively limited to, authorization for major medical, mental, institutional, psychiatric, or other cares, schooling and educational placement, to inspect and receive records, and to inspect and receive medical records.  Such decisions shall be made only after prior consultation with the other party.

Child Support

During the period in which a minor child resides with one party, the other party (“Support Payer”) shall pay the monthly sum of $___________ not later than the 10th day of each month for which support is due.  Such obligations with respect to a minor child shall cease as to that child upon such child experiencing any of the following events:

Death; Marriage; Becoming self-supporting; Ceasing any residence with the primary custodial parent; Dropping out of school; on their 18th birthday.

If the Support Payer has his or her financial situation impacted such as a loss of employment, reduction in pay, disability, or other such thing, the Support Payer may either negotiate a reduced sum with the other parent or use Court guidelines as to what sums are appropriate to pay based on their last year’s federal tax return.

Each party shall maintain life insurance of at least $__________ in favor of the other as long as one child is less than 16 years old.  Upon their 16th birthday, with only two years of child support to go, both parties may cease to pay for this life insurance.  If the life insurance is not available upon the time of death, prior to the 16th birthday, then the other party shall have a claim against the estate of the Support Payer for any deficiency.

Tax Exemptions

A.    The Support Payer shall have the right to claim all children as dependent exemptions.

B.    Each party agrees to provide a release to his or her claim to any such exemption pursuant to Section 152(e)(2) of the Internal Revenue Code of 1954, as amended, as reasonably requested by the party entitled to such exemption, to be provided by January 31 of each year.

Higher Education.

Optional

Change of Residence.

The residence of a minor child subject to this Agreement shall not be changed without the written agreement of the other parent or by Court order.

Consultation.

Each of the parties shall keep the other informed on all matters relating to the health, education and welfare and other matters which shall be the subject of consultation between the parties: school work, activities, schedules, and such things.

Medical and Dental Expenses.

A.    ____________________ shall maintain for the benefit of each minor child, medical insurance benefits.  All medical and dental expenses and costs not covered by the above described insurance for the benefit of a minor child shall be paid by the parties as follows: _________________.  This provision shall include, but not be limited to, all medical and dental costs and expenses not covered under said insurance overage, all medical and dental costs which are applied to insurance deductibles and all medical and dental costs remaining after insurance has paid the covered portion of each claim.

The obligations to provide medical insurance for the benefit of a minor child shall be null and void at such time as the child is no longer an insured party under the medical insurance policy by reason of a change in the subject child’s age, residency, student or marital status.

Alimony

Periodic Payments.

A. ___________________ (“Maintenance Payer”) shall pay to the other party, and the other party agrees to accept, in complete satisfaction of any claim which may now or hereafter be made for alimony, support or maintenance, the sum of $__________ per month for __ months when it shall cease forever.  The foregoing maintenance payments shall cease upon the first happening of one of the following events:

1.    Death of either party;
2.    Remarriage or cohabitation (defined broadly) of the party entitled to receive the maintenance payments.

B.  For purposes of this Agreement, cohabitation means living in a residential, conjugal relationship with another person for a substantially consecutive period of 30 days.

Division of Property

Household Goods and Personal Effects.

Wife shall have as her sole and separate personal property, free and clear of all right, title, claim or interest of Husband, all of the following household goods, personal property, furnishings and household appliances:    ____________________________.

Husband shall have as his sole and separate property, free and clear of all right, title, claim or interest f life, all of the following household goods, personal property, furnishings and household appliances: ______________________________________.

All of the personal property and effects transferred to a party hereunder and presently in the possession of the other party shall be removed within ten (10) days of the execution of this Agreement.

Automobiles.

Wife shall have as her sole and separate property the following vehicle(s): _________ free and clear of all right, title, claim or interest of Husband, subject to any encumbrance thereon.

Husband shall have as his sole and separate property the following vehicle(s): _______], free and clear of all right, title, claim or interest of Wife, subject to any encumbrance thereon.

Real Estate.

The following described real estate shall be transferred to Wife free and clear of all right, title, claim of Husband: ___________________________________.

The following described real estate shall be transferred to Husband free and clear of all right, title, claim of Wife: __________________________________.

Money Accounts, Profit-Sharing Plans and Retirement Benefits.

Wife shall be entitled to the whole amount in the following checking, savings, money market and other accounts: __________________________________________.

Husband shall be entitled to the whole amount in the following checking, savings, money market and other accounts: __________________________________________.

The pension and profit sharing transfers referenced above are directed by the parties to be accomplished through instructions to plan administrators to be completed by the party in whose interest the benefit, plan, pension, or account is now listed.

Securities Ownership.

Wife shall be entitled to the whole amount in the following securities, bonds, mutual funds and other accounts: __________________________________________.

Husband shall be entitled to the whole amount in the following securities, bonds, mutual funds and other accounts: __________________________________________.

Encumbrances Against Property.

Except as specifically provided herein, any property set aside to a party hereunder, whether real or personal, is accepted subject to existing encumbrances which that party assumes and agrees to pay.

Both Husband and Wife herein state and contract their agreement, each to the other, whereby the party receiving property subject to encumbrance hereby indemnifies the transferring party from any and all liability which such transferring party may suffer as a result of any default upon the encumbrance obligation.

Miscellaneous Provisions

Debts.

Husband and Wife shall be individually responsible for any debts or bills incurred by either of them individually after the date of this Agreement.  Each party specifically agrees to indemnify and hold harmless the other party from any loss, claim, suit of law and/or judgment which the other party might suffer by reason of the responsible party failing to meet his or her obligations as stated herein.

Credit Cards.

The parties specifically agree that upon the execution of this Agreement, all credit cards and charge cards n the possession or control of one party for which the other party is primarily liable shall be returned to he party with primary liability.  In the event the parties have any credit cards or charge cards for which they are jointly liable, such cards will be promptly canceled.  Nothing in this Agreement shall prevent either party from keeping or using credit cards or charge cards for which he or she is solely liable.

Federal and State Income Tax Returns.

Unless otherwise agreed, the parties shall file joint federal and state income tax returns until the year a divorce decree is entered by a competent court.

The parties agree that each shall be individually responsible for the intangible, personal and real property taxes due subsequent to the execution of this Agreement with reference to the items of property satisfied to each of them under the provisions of this Agreement.

Submission to Court.

In the event a petition for divorce, separate maintenance or annulment comes before a court of appropriate jurisdiction for trial or other disposition, this Agreement may be submitted to the Court for such action as the Court may determine proper.

Maintenance.

In the event that this Agreement is submitted to a court as aforesaid and is by such court accepted and incorporated into a decree of divorce, separate maintenance or annulment, all sums to be paid as support maintenance hereunder shall be made in cash or by check or money order payable to the other party.

Execution of Instruments.

Each of the parties agrees that at any time reasonably requested, he or she shall make, execute and deliver to the other any and all deeds of conveyance, bills of sale, titles, tax exemption declarations or any other instrument which may be necessary to carry out the terms of this Agreement or to reflect the agreement of he parses.

Agreement Absolute.

This Agreement is absolute and irrevocable and, therefore, is not conditioned upon the parties hereto being divorced or upon court approval.  It is by the parties agreed that this Agreement shall be considered o be contractual between them and binding as such upon the parties, their executors, administrators, heirs, devisees, beneficiaries, assigns and other legal representatives.

Free Will Exercised.

Each of the parties acknowledges that this Agreement, as to each of its provisions, has been made of his or her free will and volition and further acknowledges that no coercion, force, pressure or undue influence as been used or exerted by or against the other party.

Independent Counsel and Full Disclosure.

The parties declare that each has had the independent advice of his or her own counsel, or has rejected such counsel, and that each disclosed to such counsel and/or to the other party the full extent and nature of is or her assets, liabilities, income and expenses.

Applicable Law.

The parties agree that this Agreement shall be construed enforced according to the laws of the State of ____________.

Court Costs.

Husband or Wife] shall be responsible for the court costs herein.

Attorney’s Fees.

The parties shall be responsible for their own attorney’s fees.  Except as otherwise expressly agreed or ordered by the Court, each party shall be responsible for all other of his or her own individual attorney’s fees, incurred on the negotiation of this Agreement or any enforcement or edification of this Agreement in the future.

Waiver

Each of the parties waives the right of appeal of ajudgment of divorce, which may be granted in any action in which this Agreement is submitted to the Court and approved in its entirety.

Mutual Release of Marital Rights.

In consideration of the mutual release contained in this Section, each of the parties hereby releases the other party and his or her respective legal representatives, successors and assigns, from any claim of any individual, and specifically relinquishes any right, title or interest in or to any of the earnings, accumulations, future investments, money or property of the other, any rights of inheritance in the estate of the other, which either may have heretofore, may now or may hereafter have, except as otherwise provided in this agreement, any rights to elect to take against the will of the other, any rights to act as executor or administrator of the will or estate of the other, any rights to receive any allowance from the estate of the other, any additional right which either party has or may have by reason of their marriage, including dower.

IN WITNESS WHEREOF, the parties hereto have signed this Agreement upon the date first above written.

____________________                ________________________
Wife                            Husband

Property Settlement Agreement
Review List

This review list is provided to inform you about this document and assist you in its preparation.  You should read about divorce in our Legal Guide on this disc before proceeding.

Before a court will approve an uncontested divorce, the court must be satisfied that the parties have agreed to settle their claims against each other.  The court will usually accept a settlement agreement, like this one, particularly if each party has had the advice of an independent attorney.  The settlement is put in writing with this agreement.  The divorcing couple can save money on legal fees by asking their respective lawyers to review it, not write it from scratch.

Before you can file a petition for divorce, you must meet the state’s residency requirements.  This period is usually between 90 days and a year.  Until at least one person has lived in the state for the required period, the court will not grant the divorce.  Make sure that you meet a state’s residency requirement before proceeding.

Each state has its own laws and guidelines for dividing property.  The state laws controlling property division can be divided into two categories: Community Property and Common Law.

In Community Property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin), any property purchased during the marriage, regardless of who paid for it, is owned equally by the Husband and Wife.

In the Common Law states (all of the non-Community Property states), the laws and rules direct that assets be distributed in an “equitable” fashion.  The courts may take into account any number of factors, such as the length of the marriage, each party’s earning power, lifestyle and, in some states, the fault of each party in the breakdown of the marriage.

Alimony is not guaranteed to either party by law.  Most courts have considerable discretion about whether and how much alimony should be paid.  With two career couples, courts usually choose not to require any alimony payments.

The most difficult area to handle is the custody and care of minor children.  Parents must sort through the issues of the right to make traditional parental decisions about the child (legal custody) and the right to physical custody.  Historically, there was a presumption that custody with the mother was viewed as best for the child.  The trend in modern law is to award “joint custody”.  In this case, the parents share legal custody, physical custody, or both.  Many courts still adhere to the notion that the mother is the best custodial parent, making it an uphill battle for fathers that insist on taking an equal role.

It is almost certain that one parent will be required to pay child support to the other.  States now have standards for determining how much support should be paid, and by whom.  Courts in some states may deviate from these standards, while others cannot.  For information about your state’s guidelines, contact a local lawyer or state court’s clerk.

College costs are usually optional and are left so in this agreement.

Dear ___________:

The purpose of this letter is to remind you of the visitation provisions in our divorce decree.  According to the divorce decree, visitation was granted as follows: __________
___________________________________________.   To date, you have not complied with these child visitation provisions.

The obligations regarding child visitation are independent of the obligation to provide child support

It is important support the court’s efforts to separate the children and visitation issues, from the other issues we may have with our former marriage.

If I have not heard from you by __________ (Date) to commit to child visitation rights as ordered by the court, I will be compelled to go into court and have you held in contempt.
Spending more time and money on this will not be to anyone’s benefit.  However, they are my children as well as yours, so I will take this step if forced to by your non-compliance.

I hope this letter will help soften your judgment and permit court ordered child visitations to happen as required by law.

Best regards,

___________
Non-Custodial parent

cc Attachment Court Authority for the above statements

Child Visitation Rights, Violation Notice
Review List

This review list is provided to inform you about this document in question and assist you in its preparation.  This is a Sales letter.  You could just go into court and get the other party held in contempt, period.  The custodial parent knows they are in violation of the court order but must have a sense they are either “above” the court or have a “higher crusading” cause to justify their illegal behavior.

If you wish to write them, then work to soften their judgment rather than further attack them and drive them into a corner.  If you believe a letter will not work, just go to court.  They hear these matters every day and act in favor of the non-custodial parent in most cases with regards to visitation rights.

If you are the non-custodial parent and are having problems making payments, and the custodial parent is using the children as a weapon, you should consider going promptly to court to soften their judgment about you so that when the subject of payments comes up at a later date you have this provocation on your side.  All of this is sad, ugly, and painful.  But, we can only provide the strategic and tactical advice, and wish you the best of luck.

No matter which side you are on, remember that no one wins one of these things—and the children always lose with this form of contention.

Dear ___________:

The purpose of this letter is to remind you of the child support provisions in our divorce decree.  According to the divorce decree, child support payments must be made by the __ day of each month.  To date, you have not complied with these child support provisions.

The obligations regarding child support are independent of the visitation rights and you have retained all such rights.

If I have not heard from you by __________ (Date) to commit to prompt child support payments, as ordered by the court, I will be compelled to go into court and have you held in contempt.   Spending more time and money on this will not be to anyone’s benefit.  .

I hope this letter will help soften your judgment and permit court ordered support payments to happen as required by law.

Best regards,

___________
Non-Custodial parent

cc Attachment Court Authority for the above statements

Child Support Payments, Violation Notice
Review List

This review list is provided to inform you about this document in question and assist you in its preparation.  This is a Sales letter.  You could just go into court and get the other party held in contempt, period.  The non-custodial parent knows they are in violation of the court order but are not making payments for a variety of reasons.

If you wish to write them, then work to soften their judgment rather than further attack them and drive them into a corner.  If you believe a letter will not work, just go to court.  They hear these matters every day and act in favor of the custodial parent in most cases with regards to payments.  In most instances the court will order wage attachments and the like to enforce your rights to child support.

If the non-custodial parent is having legitimate problems making payments due to unemployment or other matters, you can elect to accept partial payments which will not effect the total payments due under the agreement unless you waive them.  If the non-custodial parent has legitimate payment problems, the court will still generally side with you in any pressure you wish to bring upon the other party.  However, if your children are visiting that non-custodial parent, they will, at best, not appreciate that pressure being brought against the other parent—and that can have a lasting impact on your relationship with them.

These matters are never easy to decide.  Keep in mind that no one ever wins one of these battles so try to minimize the negative fall out to you and your children.