After Mediation, What Does A Memorandum of Understanding Look Like? (Part 2)
SUPPORT AND MAINTENANCE OF HUSBAND AND WIFE
1. WAIVER OF SUPPORT BY WIFE
For the mutual promises and covenants herein contained, Wife hereby waives all past, present and future rights that she might have to require Husband to provide alimony for her support and maintenance. Wife understands said waiver is permanent and non-modifiable.
Except as otherwise provided herein, the Wife shall be solely responsible to support herself and pay for all of her expenses including, but not limited to, all of her household related expenses, all day to day expenses, all of her automobile expenses, all of her clothing expenses, medical, dental, surgical, nursing, prescription drugs, psychological, psychiatric, psychotherapy and any other medically- related expenses including dental and periodontal and any other expenses, of whatever kind, relating to the Wife.
The Wife, therefore, accepts these provisions in full and final settlement and satisfaction, and she hereby releases and discharges the Husband absolutely and forever, for the rest of her life, from any and all claims and demands, past, present or future, for support and maintenance.
2. WAIVER OF SUPPORT BY HUSBAND
For the mutual promises and covenants herein contained, Husband hereby waives all past, present and future rights that he might have to require Wife to provide alimony for his support and maintenance. Husband understands sais waiver is permanent and non-modifiable.
Except as otherwise provided herein, the Husband shall be solely responsible to support himself and pay for all of his expenses including, but not limited to, all of his household related expenses, all day to day living expenses, all of his automobile expenses, all of his clothing expenses, medical, dental, hospital, surgical, nursing, prescription drugs, psychological, psychiatric, psychotherapy and any other medically related expenses including dental and periodontal and any other expenses, of whatever kind, relating to the Husband.
The Husband, therefore, accepts these provisions in full and final settlement and satisfaction, and he hereby releases and discharges the Wife absolutely and forever, for the rest of his life, from any and all claims and demands, past, present or future, for support and maintenance.
3. MEDICAL INSURANCE FOR PARTIES
Husband shall continue to cover Wife on his current employer-provided medical insurance plan. Wife has verified with HR Department of Meridian Health that such coverage will continue under Bed and Board Divorce.
Neither party will file for an Absolute Divorce until such time as Wife obtains health insurance for herself, either party desires to marry or the coverage is no longer available.
Husband will pay for the health insurance costs with his current employer to cover Wife until July 2014, subject to the conditions set forth above. The issue of the responsibility to cover the costs will be reviewed in July 2014.
4. CREWS’ POSITION RE: STANDARD OF LIVING & CASE INFORMATION STATEMENT RETENTION
Wife: It is Wife’s position that she will not be able to maintain a standard of living reasonably comparable to the marital standard of living. Wife has taken this into account in the negotiation and making of this Agreement and has accepted the terms of this Agreement in full awareness of the effect this Agreement will have on her standard of living.
Husband: It is Husband’s position that he will not be able to obtain a standard of living reasonably comparable to the marital standard of living. Husband has taken this into account in the negotiation and making of this Agreement and has accepted the terms of this Agreement in full awareness of the effect this Agreement will have on his standard of living.
In lieu of a lifestyle analysis, the parties agree to retain their Case Information Statements.
CUSTODY, SUPPORT, MAINTENANCE AND EDUCATION OF CHILD
1. CUSTODY OF CHILD
A. Husband and Wife shall have joint custody and control of the minor and unemancipated child of the marriage. Wife shall be the parent of primary residence.
B. Neither party shall make any commitment for the child that will interfere with or impose on the parenting time of the other party, without prior consent of that party.
2. SUPPORT OF CHILD
A. Husband will pay Wife $100.00 per week in child support from August 1, 2013 to October 1, 2015. The support shall be paid direct from Husband to Wife commencing August 1, 2013. The parties acknowledge that the child support deviates from the guidelines by agreement for the period of August 1, 2013 to July 1, 2015. At the time of the review in July 1, 2015, the parties do not intend to deviate from the guidelines but rather base the child support on their earnings at the time of review. The guidelines are attached as Exhibit B.
3. MEDICAL EXPENSES, MEDICAL INSURANCE & MEDICAL PROXY
A. Husband shall be 50% and Wife 50% responsible for any uncovered and unreimbursed medical, dental, orthodontic, psychological/psychiatric, chiropractic, optical, hospital, prescription and other medical expenses incurred. However, Wife shall pay the first $250.00 per year for the child for uncovered expenses.
B. Husband shall be 50% and Wife 50% cover the child on his employer-provided health insurance plan. Wife shall not be responsible to reimburse Husband for the costs of such health insurance premium.
C. If Husband does not have such coverage available through his employer, then Wife shall cover the child on her health insurance plan, and Husband shall reimburse Wife for 100% of the costs of covering the child.
D. Wife shall be the medical proxy for the parties’ child Brandon.
E. The parties will review the issue of insurance coverage and responsibility for uncovered medical bills in July 2013 when the child support is reviewed.
4. NOTICE OF ILLNESS OF EMERGENCY TREATMENT
A. Each party shall promptly notify the other party if, while in his or her custody, the child suffers serious illness or requires emergency medical or dental treatment or hospitalization. “Serious illness” shall mean any extraordinary illness as defined in this paragraph or any illness, which confined the child to bed for more than one week.
B. In the event the child has an acute or serious illness or injury, each party shall have the right to visit the child at the place where the child is then residing or domiciled during the period of the illness or injury.
5. TERMINATION OF OBLIGATION
A. Husband’s obligation to make payments for the support and maintenance of the child shall terminate as said child is emancipated, which shall be defined and deemed to occur at the earliest happening of the following events:
- Reaching the age of eighteen (18) years or graduation from High School, whichever occurs later. However, if the child continues education after high school, then upon that child’s graduation from a post-high school institution. If the child goes to undergraduate college, the child will not be deemed emancipated until he completes undergraduate college, assuming that the child attends said school as a fully matriculated, full-time student in good standing, completing twelve (12) credits or more per semester, without interruption, except in the event of an accident or some other extraordinary circumstance or illness which prevents continuous attendance;
- Marriage of the child, even though such marriage may be void or voidable and despite annulment thereof;
- Permanent residence away from the residence of Wife. Residence at boarding school, camp or college shall not be deemed to be a residence away from the residence of Wife and thus shall not be deemed an emancipation event;
- Death of the child;
- Entry in the Armed Forces of the United States, whether voluntary or involuntary;
- Engaging in full time employment upon or after the attainment of the child of eighteen (18) years of age, except that (1) engaging by the child in partial employment shall not be deemed emancipation and (2) engaging by the child in full-time employment during vacation and summer periods shall not be deemed emancipation.
- The child taking up residence on a full-time basis with an unrelated person, as if married, but without the benefit of marriage;
- Leaving high school for whatever reason other than illness or disability, prior to age 18, and without continuing an educational career.
B. Child Support shall be reviewed if the child attends college and does not reside with Wife on a full time basis.
6. EXTRACURRICULAR ACTIVITIES & WORK RELATED CHILD CARE
A. Husband shall pay 50% and Wife 50% of the child’s agreed-upon extracurricular activities and clothing.
B. Husband shall pay 50% and Wife 50% of the work-related child after care expenses.
A. The parties agree that Husband shall enjoy parenting time as follows:
(i) Tuesday and Thursday evenings from after work until 7:30 p.m. and every weekend alternating between Friday one week overnight and Saturday the following week overnight. The issue of overnight timesharing will be reviewed once Husband relocates from his mother’s residence.
(ii) Both parties shall give each other one week’s notice of any changes in the schedule except in event of emergencies.
(iii) Holiday Parenting Time Schedule: Major holidays are to be shared between Husband and Wife. If the parties are unable to agree upon a holiday parenting time schedule, the parties shall utilize the Court Holiday Schedule attached as Exhibit “A”. Parties agree that Eric’s birthday will be spent together, and his birthday party will also be celebrated together at a party on a different day. Christmas day and Halloween will be spent together.
(iv) The parties will each be allowed one week of vacation time with Eric but no more than 3 to 4 consecutive nights. Each party will give the other party 30 days notice of their vacation timesharing period.
8. PARTIES TO CONFER
On all matters of importance relating to the child’s health and education, Wife shall consult and confer with Husband with a view to adopting and following a harmonious policy.
9. CHILD’S AFFECTION
The parties recognize that for the well-being of their child, it is essential that the child’s affections for both parents be preserved and bolstered. Accordingly, the parties agree not to attempt to alienate the affections of the child for either parent, but instead to foster and encourage same.
10. AGREEMENT NOT TO REMOVE CHILD FROM STATE OF NEW JERSEY WITHOUT PERMISSION OF NON-CUSTODIAL SPOUSE
The parties agree to live within twenty (20) miles from each other. Consistent with applicable statutory law, the parties agree that they will not permanently relocate the child from the State of New jersey without obtaining the prior written approval of each other, or without obtaining leave of Court upon application properly made.
11. INFORMATION FROM THE TEACHERS OR SCHOOL
Each party shall be entitled to complete information from any teacher or school giving instruction to the child, or which the child may attend.
12. MEDIATION CLAUSE
The parties agree that if a dispute arises in connection with any child-related provision of this Agreement or the custodial provisions contained in a related judgment, Order or agreement, they will attempt to resolve the dispute through personal discussion with the assistance of a divorce coach utilizing the services of a psychologist, and employing the services of an agreed upon Mediator. If that fails, then either party shall have the right to address the matter to the court on notice.
13. MEDICAL AND THERAPEUTIC INFORMATION
(A) Each party shall be entitled to complete detailed information from the child’s doctors, dentists, consultants, counselors, and other specialists attending the child and shall be entitled to complete copies of all reports, records, and communications to and from all such persons, experts and specialists.
(B) Should either party die or become seriously incapacitated, mentally or physically, in such a manner that significantly interferes with appropriate child rearing abilities of that parent while the child is not emancipated, then, and in that event, custody of the child shall vest exclusively in the other party, and appropriate parenting time arrangements shall be implemented for the incapacitated parent.
14. QMSCO CLAUSE
Husband shall cooperate with Wife so Wife can directly communicate with Husband’s health insurance provider related to the parties’ child, Eric. Husband will agree to execute a QMSCO, if one necessary, to permit direct communication.
15. PRIVATE SCHOOLING
The parties agree to split, if any, the costs of Eric to attend Private Elementary School. Both parties agree that Eric shall continue to attend Private Elementary School even if both parties live outside the sending district.
1. COLLEGE COSTS DEFINED
(A) As to the college education of the child born of the marriage, it is specifically understood and agreed between Husband and Wife that each party shall pay one-third of the costs of the child’s college education with the child paying one-third. The obligation for the parties to pay one-third is contingent upon it being financially possible for the parties to do so. The parties will discuss and attempt to agree upon the choice of the college with the child.
(B) For purpose of this Agreement, college costs are defined as: room and board, tuition, books, directly billed lab and activity fees, college application fees, reasonable transportation expenses, student fees, as well as other directly billed college costs.
2. The child shall apply for and accept all loans, grants, and scholarships and utilize any assets in their names for their college education expenses prior to either party having an obligation to pay college expenses.
3. The parties further agree that they will voluntarily exchange fully documented Case Information Statements by February 1st of the child’s senior year of high school to include two (2) prior years of tax returns and year to date income as well as a complete Case Information Statement. In the event the parties cannot resolve the issue of college contribution between them, the Case Information Statements shall be submitted with the initial pleadings filed with the court to determine the college contribution issue.
- Husband shall be entitled to claim the child born of the marriage in 2013, and Wife in 2014, and alternate thereafter.
- The parties shall sign IRS form 8332 on a yearly basis in order to permit the other party to claim as set forth herein in #1 above.
- The parties recognize that they rent property known as 415 Allen Street, East Brunswick, New Jersey, which is presently in both names. Husband shall continue to pay the shelter bills until July 28, 2013. Wife will assume responsibility for the shelter bills effective August 1, 2013.
- Wife will remove Husband’s name from any utilities on the rental within thirty (30) days of July 13, 2013.
- There exists past due maintenance on the condominium owned by the parties. If the Association pursues collection against the parties, they will consult and confer how to handle the Association claim.
- Husband and Wife shall each be entitled to 50% of the proceeds of the rental property with the Wife receiving the first rental check of the month and the Husband receiving the second of the month.
DISTRIBUTION OF MOTOR VEHICLES
- It is agreed by and between the parties that each shall retain his or her own motor vehicle free and clear of any right, title, claim or interest on the part of the other party. Accordingly, Wife shall be permitted to retain the 2013 Honda leased in her possession and Husband shall be permitted to retain the 2006 Ford in his possession.
- Each party shall be solely responsible for any and all expenses relating to said vehicles, including but not limited to, insurance, registration, maintenance and repairs of their vehicles as of August 1, 2013.
- Wife represents and warrants to Husband that she has not incurred any debts or obligations for which he or his estate may be liable. Husband represents and warrants to Wife that he has not incurred any debts or obligations for which she or her estate may be liable. If either has incurred such debts or obligation he or she shall be solely responsible for them; and if the other party is called upon to make any payments or contributions toward the same, the responsible party shall keep and hold the other safe and harmless and shall indemnify or hold harmless the other party from any obligations thereof, including all expenses and legal fees incurred or expended in connection with any such debt, charge or liability or the defense thereof or protection therefrom.
- All joint credit cards have been closed.
- Each party has been and shall continue to be solely responsible for any debt currently in his or her own name except for American Express card. The American Express card is paid from the TD BANK account and will continue to come out of the account for any agreed upon expenses and Mediation fees until the account is split as set forth below.
- Husband will pay the following debts in his name:
- New York Giants Visa Card Balance except for as set forth in 3 above.
- Credit One Balance $150.00
- Wife will pay the following debts in her name:
- Master Card Card Balance $2,000.00
- The parties will agree upon how to divide their personal property within thirty (30) days of the date of this Agreement. The personal property of Husband shall be picked up by Husband no later than July 1, 2013. Thereafter, all personal property then in their possession and control of Wife shall be the sole and exclusive property of Wife, and all personal property then in the possession and control of Husband shall be the sole and exclusive property of Husband.
HUSBAND’S RETIREMENT ACCOUNTS
A. Husband has the following account:
a. 403B $6,856.45 as of January 31, 2013
Husband shall retain this retirement assets free and clear of any claim of Wife.
WIFE’S RETIREMENT ACCOUNTS
B. Wife does not have any retirement assets.
A. Husband and Wife have a security deposit in the amount of $5,000.00. This shall be retained by Wife.
A. The parties’ further warrant and represent the Morgan Stanley account with a balance of $10,000.00 shall be split in like kind fashion, with each party receiving one half of the account as of the date of divorce after paying the agreed upon charges on the American Express bill and the Mediation fees.
- The parties’ joint Chase checking and savings accounts will be closed as of August 1, 2013 with the parties’ using any balance to pay bills.
- Each party shall retain their individual checking and savings accounts opened after separation/filing of the Complaint.
- Husband agrees to maintain his employer provided life insurance coverage irrevocably naming the child as beneficiary and Wife as trustee. Husband shall maintain such coverage until all child are emancipated. In July 2014 the parties will review that amount each party shall maintain in the future for the benefit of the child.
- Husband shall not hypothecate, borrow against, or encumber his life insurance policies required by this Agreement, or do any act or allow any act to be done that detracts from the death benefits of said policy or from the face value thereof so long as this insurance is required to be maintained.
- Proof of life insurance coverage pursuant to this portion of the Agreement shall be furnished by on no less than an annual basis if requested by the other party.
- Upon the request of Wife or her counsel, Husband shall sign such paperwork or authorizations as are necessary to have the provider of the life insurance policy supply Wife with copies of the policy and to notice Wife before any cancellation of policy benefits so that uninterrupted life insurance protection at the coverage level agreed upon can be arranged.
- If there is any default in policy premium payment, the other party may cure the default by payment and the defaulting party shall be responsible to reimburse the other party for this expense.
- Additionally, by his/her signature on this Agreement, Husband gives the Wife his authorized consent to communicate directly with the Husband’s insurance company for verification of the existence of the required insurance and beneficiary designation, and authorizes the insurance carrier to provide the information necessary to corroborate the satisfaction of the provisions of this Agreement.
- In the event that Husband fails to maintain the life insurance coverage required by this Agreement, any amounts the Wife and/or child would have received had the required coverage been maintained shall be paid out of the estate of the Husband.
- The parties have filed their 2012 State and Federal Income Tax Returns. The amount of the refund has been applied towards Eric’s schooling costs.
- The parties represent and warrant to each other that they have heretofore duly paid all income taxes, state and federal, on all joint returns heretofore filed by the parties, that to their knowledge, no interest or penalties are due and owing with respect thereto; that, to their knowledge, no personal tax deficiency proceeding is pending or threatened and that no audit is pending.
- If there is a deficiency assessment in connection with any of the aforesaid returns (heretofore or hereafter filed), either party shall notify the other immediately in writing. Furthermore, Husband shall hold the Wife harmless from any financial responsibility for Husband’s income omissions, deductions or other items on the returns that would be related to tax increases, penalties and/or interest. Wife also agrees to hold Husband harmless from any financial responsibility for Wife’s income omissions, deductions or other items on the returns that would be related to tax increases, penalties and/or interest.
NO OTHER ASSETS
The parties acknowledge there are no other individually or jointly held assets acquired during the course of the marriage other than those set forth above.
COUNSEL FEES & ATTORNEY ADVICE
1. COUNSEL FEES
The parties agree that each party shall be and is hereby responsible to pay their own counsel fees for services rendered in connection with the separation of the parties and in the negotiations leading up to and the making of this Agreement. The parties further agree that no additional request for counsel fees shall be addressed to any court should a divorce regarding the marriage between the parties result. The parties specifically agree that no request for counsel fees shall be made by either party so long as there is adherence to the provisions of this Agreement. However, if either party sues the other a to any alleged breach of this Agreement, the prevailing party’s counsel fees shall be paid by the losing party.
2. ADVICE OF ATTORNEY
The Husband and Wife have been advised to consult with an attorney of their choice with regard to their rights, remedies, privileges and obligations pursuant to this Agreement.
Should either the Husband or Wife fail to abide by the terms of this Agreement, the defaulting party shall indemnify the other for all reasonable expenses and costs including, but not limited to, attorney’s fees incurred in successfully enforcing this Agreement. This provision is intended to be enforced as a freely bargained for contractual agreement and a counsel fee claim for reimbursement pursuant to this provision is not intended to and shall not be subject to the Court’s discretion under R. 4:42-9(a).
AGREEMENT TO LIVE SEPARATE AND APART
It shall be lawful for each of the parties at all times to live separate and apart from the other and to conduct, carry on and engage in any employment, business or trade which either may deem fit, free from any control, restraint or interference, directly or indirectly, by the other in all respects as if the parties were sole and unmarried.
The parties acknowledged that Husband filed for bankruptcy and was discharged in 2012.
This Agreement is intended to be a complete and final resolution of the rights, entitlement, liabilities and responsibilities of the parties including alimony, child support, equitable distribution of marital assets, payment of debts and attorney’s fees and child related issues.
INCORPORATION WITHIN JUDGEMENT
It is specifically agreed that a copy of this Agreement may be marked into evidence at the time of a final divorce hearing and may be incorporated by reference into a divorce JUDGEMENT. Said incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any JUDGEMENT.
This Agreement has been the result of long and arduous negotiations over a long period of time and the content and language of the Agreement has been supplied by both counsels. As such, this Agreement shall be construed for all purposes to have been jointly drafted by both parties and no adverse inference shall therefore be drawn against either party in construing any ambiguity that may arise hereunder.
The parties acknowledge that by entering into this Agreement, they are satisfied with the disclosures that have been made and are further satisfied that this Agreement is a fair, reasonable and equitable resolution of all issues dividing the parties. The parties further acknowledge that this Agreement has not been the result of any fraud, duress or undue influence exercised by the other party or by any other person or persons upon either of them.
EACH OF THE PARTIES REPRESENT THAT THEY HAVE CAREFULLY READ AND UNDERSTOOD EACH AND EVERY PAGE OF THIS AGREEMENT PRIOR TO SIGNING BELOW.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written.
STATE OF NEW JERSEY)
COUNTY OF _______________)
BE IT REMEMBERED, that upon this day of , 2013 before me, the undersigned, personally appeared _________________who, I am satisfied, is the WIFE and named in the foregoing Agreement, she acknowledged that she signed, sealed and delivered the same as her voluntary act and deed.
State of New Jersey
STATE OF NEW JERSEY)
COUNTY OF ________________)
BE IT REMEMBERED, that upon this day of , 2013 before me, the undersigned, personally appeared _________________ who, I am satisfied, is the HUSBAND and named in the foregoing Agreement, he acknowledged that he signed, sealed and delivered the same as his voluntary act and deed.
State of New Jersey
Holidays and Special Days
The following holidays shall be alternated between the parties each year. Unless otherwise indicated, the holidays begin at 9:00 a.m. and end at 7:00 p.m.
Father even years Mother even years
Mother odd years Father odd years
New Year’s Day January 1st Martin Luther King Day
at 12:00 noon until 7:00 p.m.
Easter Saturday at 6:00 p.m.
President’s Day to Easter Sunday at 6:00 p.m.
Good Friday at 9:00 a.m. until Independence Day (July 4th)
Easter Saturday at 6:00 p.m.
Thanksgiving Eve at 6:00 p.m.
Labor Day until Thanksgiving Day at 4:00 p.m.
Thanksgiving Day at 4:00 p.m. until Christmas Day at 12:00 noon
Thanksgiving Friday at 6:00 p.m. until 7:00 p.m.
Christmas Eve at 6:00 p.m. until noon
New Year’s Eve (December 31st) at
6:00 p.m. until New Year’s Day at
NOTE: Depending upon the heritage, culture and traditions of the particular family, the parties may wish to expand the list of holidays to include e Ramadan, Passover, Yom Kippur, Rosh Hashanah, Chanukah and/or Kwanza. None of these days, however, will be considered as holidays unless specifically ordered by the Court of agreed upon writing by the parties.
Child’s Birthday. Non-Residential Custodial Parent from 12:00 noon (or, if a school day, from end of school day) until 6:00 p.m.
Halloween – Non-Residential Custodial Parent from 4:00 p.m. to 6:00 p.m.
Father’s Birthday from 12:00 noon Mother’s Birthday from 12:00 noon
(or if a school day, from end of school (or if a school day, from end of school
day until 9:00 p.m.) day until 9:00 p.m.)
Father’s Day from 9:00 a.m. to 9:00 Mother’s Day from 9:00 a.m. to 9:00 p.m.
NOTE: The Holidays and special Days take priority over and supersede normal parenting time. Extended periods of parenting time should be scheduled to coordinate with the Holidays and Special Days.