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:
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.
DISTRIBUTION OF MOTOR VEHICLES
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.
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.