In the divorce arena, a fascinating balance exists between the dictates of the law and a couple’s ability to determine what is “fair” for them, given their specific circumstances. If a couple chooses mediation over a litigated divorce, they have the opportunity to craft an agreement that more accurately reflects their needs.
How is this so? Even though the mediation process still remains under the “umbrella” of the law, in mediation a couple has much more flexibility in framing an agreement that meets both parties’ needs and is “fair” for both of them.
Under New York State divorce law, the non-custodial parent is required to pay child support to the custodial parent. This makes sense as long as one parent (defined as the custodial parent) has the children more than 50% of the time. Unfortunately, the law has not been updated to reflect the equal parenting approach that has become more popular in recent years. So when the law is applied to a truly 50/50 child-sharing arrangement, the results can end up being quite “unfair.”