Resources
Mediation Documents
Advisory Opinion 28
AOC-DRC 17
AOC-DRC 18
North Carolina Child Support Guidelines
Worksheet A
Worksheet B
Worksheet C
Financial Affidavit
Mediation Checklist
Advisory Opinion 02
Things to do to prepare for mediation for persons without an attorney:
1) Make a list of each issue that needs to be addressed at the mediation, i.e., alimony, possession of the marital home, etc.
2) Write down, or at least think of your position on each issue and/or several ideas for resolving each of the issues that are on your list.
3) Have copies of all necessary documents that you need in order to fully discuss and settle each issue at the mediation.
4) Keep an open mind at the mediation and realize that to get a workable settlement you may not get everything you want and you may have to compromise.
5) Try to identify what facts and/or behaviors you need to discuss at mediation in order to make the other side understand your position, as opposed to everything you can say to attack the other side. If you go into a mediation with the idea that you are going to attack the other side until they agree with your positions, you may be disappointed with the results. It is important to discuss facts that relate to the issues. For example, if one spouse has had an affair, that does affect negotiations about spousal support. This is opposed to a situation where the parties have been separated for a long time and are dividing up marital property and one party wishes to make a big deal out of the fact that the other side has started dating. In almost all situations, the fact of whether someone has started dating after separation has nothing to do with the distribution of marital property.
Documents You May Need for Child Support
1) 2 - 3 years of tax returns.
2) Your most recent year-to-date paystub, along with your last 3 paystubs.
3) Documents that demonstrate the costs of work-related childcare.
4) Documents that demonstrate the costs of health insurance for the minor child(ren) and the number of persons on the policies.
5) Documents showing the costs of private school and how long the child(ren) has been enrolled in said private school.
6) The North Carolina Child Support Guidelines. (see top of page)
7) The appropriate Child Support Worksheet, either A, B, or C. (see top of page)
8) If the parties make more than $300,000 a year or wish to deviate from the Guidelines, then a list of the living expenses for the minor child(ren) instead of a Worksheet and the Child Support Guidelines.
9) Receipts or proof of extraordinary expenses incurred on behalf of the minor child(ren).
10) Court Orders or Separation Agreements which show child support payments made on behalf of other children not involved in this relationship.
Documents You May Need for the Resolution
of Alimony or Spousal Support
1) 2 - 3 years of tax returns.
2) Your most recent year-to-date paystub, along with your last 3 paystubs.
3) A list of monthly bills, living expenses, and debt service for each party. Usually in the form of a Financial Affidavit filled out by each party. (see top of page)
4) Documents to prove any new or unusual expenses claimed by either party. For instance, if a dependent spouse was no longer going to be on their ex's insurance, then proof of what their health insurance costs would be going forward may be necessary in the form of a statement, bill, and/or written estimate.
Documents that May Be Needed for Equitable Distribution
1) Checking account statements for the date of separation.
2) Savings account statements for the date of separation.
3) Retirement account statements for the date of separation.
4) Pension account statements for the date of separation.
5) Credit card statements for the date of separation.
6) Date of separation statements for all marital debts.
7) Mortgage statements showing the payoff for the marital home on the date of separation and at the current time.
8) Any documents showing the value of the marital home on the date of separation.
9) Documents showing the balance on any auto loans.
10) Documents showing the date of separation and current value of any automobiles.
11) Documents showing the date of separation and current values for any boats, jet skis, recreational vehicles, etc., as well as documents showing the date of separation and current amount on any debts on any of these vehicles.
12) Documents showing the value on the date of separation and at the current time for any timeshares, vacation homes, boatslips, or the like, as well as documents showing the date of separation debt and current amount of any debt on said assets.
Documents for Worker's Compensation Cases
1) Statement from your doctor stating any permanent partial impairment.
2) Average weekly income for past 52 weeks.
3) Documentation of any future medical bills or care.
4) Documentation of any physical limitation.
5) Documents that demonstrate your return to work date.
6) Witness statements.
Documents for Personal Injury Cases
1) Proof of actual out-of-pocket medical bills vs. paid by insurance.
2) Accident Report.
3) Pictures of automobiles, accident scene, scars, etc.
4) Doctors’ reports on severity of injuries or disability.
5) Witness statements.