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MARITAL SETTLEMENT AGREEMENT-TIME SHARING-CHILD SUPPORT

MARITAL SETTLEMENT AGREEMENT

(Time Sharing – Child Support – No Alimony)

IN IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA

In Re: The Marriage of                                                        Case Number:

 

JACK KING,

 

Petitioner/Husband,

and

 

JAMIE CROWN

 

Respondent/Wife

_________________________________________/

MARITAL SETTLEMENT AGREEMENT

THIS AGREEMENT, made and entered on the dates hereinafter set forth, by and between JACK KING, (hereinafter referred to as the “Husband”), and  JAMIE CROWN, (hereinafter referred to as the “Wife”),

WITNESSETH:

WHEREAS, the parties were married to each other on XXXXX 20__ in Miami-Dade County, Florida.  The parties separated in XXXXXX 20__;

WHEREAS, there was one (1) minor child born of this marriage to wit: TR, born on xx/xx/20__;

WHEREAS, no additional issue is contemplated;

      WHEREAS, the parties desire to confirm their separation and to settle and adjust forever all rights of support and maintenance, property and other rights, claims or demands arising out of the marital relationship, and all matters pertaining to the support of the child and parental responsibility and maintenance of the parties and for the distribution of their respective properties.

      NOW, THEREFORE, in consideration of the premises and the mutual promises and undertakings herein contained, and other good and valuable considerations, the parties hereto agree as follows:

I. CONSIDERATION:

The consideration for this agreement is the mutual covenants and agreements herein contained.

II. SEPARATION:

Neither of the parties shall molest, annoy, requests, demand or trouble the other, nor compel or endeavor to compel, directly or indirectly, the other to dwell or cohabit with him or her as the case may be.

lll.  TIMESHARING:

See attached Parenting Plan (attached hereto as Exhibit “A”)

lV.  CHILD SUPPORT/MEDICAL INSURANCE/UNCOVERED MEDICAL EXPENSES:

           The parties have agreed to timesharing schedule with the child pursuant to the child support guidelines worksheet (attached hereto as Exhibit “B”).  Commencing XXXXX XX, 20__ the Husband pay child support to the Wife pursuant to the child support guidelines in the amount of $990.00/month.

Currently the child has medical insurance with Florida Healthy Kids.    The parties agree to divide any and all medical and dental expenses not covered by insurance, including, but not limited to, co‑payments and deductibles, orthodontic expenses, optometric expenses, prescription costs, and psychological costs, according to the following percentages: 50% Husband 50% Wife pursuant to their guideline percentages as shown in child support worksheet. The party that initially incurs one of the identified expenses on behalf of the minor child shall timely provide the other party with a receipt evidencing that the expense was incurred and satisfied, and thereafter shall be entitled to receive reimbursement from the other party within thirty (30) days according to their respective proportionate shares.

V.  DEPENDENCY EXEMPTION AND DEDUCTIONS: The parties agree that the Husband shall be entitled to claim the minor child as a dependent annually for income tax purposes.

Vl.    ALIMONY:

The parties waive alimony from the other now and forever.

Vll.    EQUITABLE DISTRIBUTION:

The Wife shall receive all right, title and interest in and to the following assets and/or business assets:

  1. Wife’s leased Infiniti QX60 automobile. The Husband agrees to pay the lease payments monthly until the lease expires in XXXXXX 20__.
  2. All bank accounts titled in the Wife’s name
  3. Wife’s Jewelry.
  4. All furniture, furnishings, and personal property in her possession and/or in the marital residence. The Husband agrees to pay the rent at the marital residence for the Wife in the amount of $2,000.00 per month until the lease expires on XXXX XX, 20__.

The Husband shall receive all right, title and interest in and to the following assets:

  1. Husband’s leased 2015 Infiniti Q50 automobile. The Husband agrees to assume sole and exclusive responsibility to make any and all monthly payments attendant to this automobile and hereby indemnifies and holds the Wife harmless with respect to any and all liens, maintenance, expenses and costs relating to the automobile whether arising hereinafter or heretofore. The Wife agrees to immediately execute any and all documents necessary to place title to the automobile in the Husband’s sole name, if applicable.
  2. Husband’s Jewelry
  3. All bank accounts titled in the Husband’s name.

X. DEBTS. The parties agree that, as of the date of this Agreement, the Wife shall be solely responsible for her credit cards in her sole name except for the credit cards listed below which the Husband shall be solely responsible for as listed below:

  1.          Chase Visa, approximate balance $2,400.00
  2. City Furniture, approximate balance $3,300.00        

The Wife represents and warrants that she has not incurred, nor shall she hereinafter incur, any debts or obligations for which the Husband or his estate shall be liable, and the Wife agrees that she will indemnify and hold the Husband harmless from any and all claims made because of any debts or liabilities hereinafter or heretofore incurred by her.  The Husband represents and warrants that he has not incurred, nor shall he hereinafter incur, any debts and obligations for which the Wife or her estate shall be liable and the Husband agrees that he will indemnify and hold the Wife harmless from any and all claims made because of any debts or liabilities hereinafter or heretofore incurred by him.              

Xl.   ATTORNEY FEES AND COSTS:  The parties agree to each be responsible for their own attorneys fees and costs.

Xll.      LEGAL REPRESENTATION:

Each party acknowledges that he or she has been informed and fully understands his of her respective legal rights and the full purpose of this Agreement; that each has had full knowledge and disclosure of all information relating to the financial affairs of the other, and has ascertained an weighed all the facts and circumstances likely to influence his or her judgment thereon. Each party believes this Agreement to be fair, just and equitable and signs it freely and voluntarily, intending to be bound by it.  The Husband is being represented by Larry D. Schott, Esquire XXXXXXXXXXXXX.  The Wife is Pro Se.

Xlll.       FUTURE DOCUMENTS:

Each party shall, at any time and from time to time thereafter, take any and all steps to execute and deliver any and all future instruments and assurances that the other party may be responsibly require for the purpose of giving full force and effect to the provisions of this Agreement.

XlV.      GOVERNING LAW:

   This Agreement shall be governed by the laws of the State of Florida, and venue shall be in Miami-Dade County, Florida.

  1.  MODIFICATION

Modification or waiver of any provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement.

XVl.   OFFER AS EVIDENCE:

This Agreement shall be offered in evidence by either party in any dissolution of marriage or separate maintenance action and further agree that it may be submitted to the Court for approval and incorporated by reference in the Final Judgment that may be recorded.  However, notwithstanding an incorporation of the Final Judgment, this Agreement shall not be merged in it but shall survive the Final Judgment and be binding on the parties for all time.

XVll.  MUTUAL RELEASE: Except as otherwise provided in this Agreement:

  1. Each party releases the other from all claims, demands due, debts, rights, or causes of action up to the Effective Date of this Agreement.
  2. Each party hereby irrevocably releases and relinquishes all claims, rights, and interests which that party may now have or may have hereafter acquired in any property to the other party. All property owned by either party at the time of their marriage or subsequently acquired, separately or together, and owned by the parties or either of them at the time of their separation, has heretofore been equitably divided and apportioned between them and each party hereby ratifies and affirms that division.
  3. Each party waives, release and relinquishes all rights that he or she may now have or hereafter acquire as the other party’s spouse under the present or future laws of any jurisdiction:
  4. To elect to take against any will or codicil of the other party now in force. This shall not apply to any wills or codicils executed after the Effective Date of this Agreement.
  5. To share in the other party’s estate and to exercise any right of dower or courtesy he or she may now have or hereafter acquire in the other party’s estate.
  6. To act as administrator or executor of the other party’s estate, except only as provided by will or codicil executed after the Effective Date of this Agreement.

XVlll.  ENTIRE AGREEMENT:

This Agreement, from the time it shall take effect, shall supersede any and all prior agreements whether claimed to be oral or in writing.  The parties have incorporated in this Agreement their entire understanding.  No oral statements shall have any force or effect.

XlX.    ENFORCEMENT:

The failure of the Husband or Wife to insist in any one or more instances upon the strict performance of any of the terms or provisions of this Agreement shall not be construed as a waiver or relinquishment for the future of any such term or provisions, and the same shall continue in full force and effect.

  1. DEFAULT:

In the event that either party to this Agreement defaults in his or her obligations hereunder and court enforcement proceedings ensue, the party in default shall be liable to the non-defaulting party for all reasonable expenses incurred in enforcing the Agreement, including but not limited to attorney’s fees, costs and suit monies.

XXl.    INCORPORATING OF AGREEMENT INTO FINAL JUDGMENT;

       This Agreement shall be incorporated into a Final Judgment of Dissolution of Marriage.

XXll.    FULL AND FAIR DISCLOSURE:

   The parties acknowledge that there has been full and fair disclosure of each parties’ assets, liabilities and net worth to the other.

XXlll.   RECONCILIATION.   The parties recognize the possibility of reconciliation.  However, it is their intention that a reconciliation, temporary or permanent, or further separation after any reconciliation, shall in no way abrogate or affect the provisions of this Agreement concerning the settlement and disposition of property rights between the parties.

XXlV.    REPRESENTATIONS.  The parties jointly represent:

  1. That each has made a full and complete disclosure to the other of his or her current financial situation and that each fully understands the implications of said disclosure. Both parties are satisfied with the disclosure as presently made of the financial circumstances of the other party, including, but not limited to, income, income potential, marital and separate property of the other and all other aspects of the present and prospective financial circumstances of the other party.
  2. Each party is fully informed as to his or her rights and obligations. Both parties have signed this Agreement freely and voluntarily and intend to be bound by it.
  3. Each party understands and agrees that this Agreement supersedes prior agreements between the parties.
  4. This Agreement represents a complete resolution of all matters in that neither party has made any representations, promises, or warranties except as set forth in this Agreement.
  5. The financial obligations contained in this Agreement shall be binding on the parties’ respective estates, heirs, administrators, legal representations, executors or assigns.

XXV.       CONSIDERATION.   The above Agreement is made in consideration of the mutual promises contained herein, and of other good and valuable consideration, receipt of which is hereby acknowledged by both parties. 

XXVl.       FAIRNESS OF AGREEMENT.  The parties declare and acknowledge that the terms contained in this Agreement are equitable, fair and just, and that this Agreement is commensurate with the financial means and social positions of both parties.

XXVll.     TAX ADVICE.   The parties hereby acknowledge and agree that each has had the opportunity to retain their own accountant, certified public accountant, tax advisor or tax attorney with reference to the tax implications of this Marital Settlement Agreement.  Further, both parties hereby acknowledge that each has been advised by counsel to seek his or her own independent tax advice by retaining an accountant, certified public accountant, tax attorney or tax advisor with reference to the tax implications involved in this Agreement.

Further, the parties acknowledge and agree that their signatures to this Martial Settlement Agreement serve as their acknowledgment that they have read this particular provision and have had the opportunity to seek independent tax advice.

XXVlll.  BANKRUPTCY.  Obligations for maintenance, alimony, and equitable distribution, payment of debts and property division which are made pursuant to the terms and provisions of this Agreement shall not be discharged, cancelled, terminated, diminished or in any way affected by the filing of a petition in bankruptcy by either party, or by the making of an assignment for the benefit of creditors.

XXlX.     PROHIBITION TO PLEDGE CREDIT.   Except as provided herein

neither party will incur any liability, expense or charge in the future, either through the use of credit of the other or name of the other, nor shall one party represent to the other persons that he or she is acting as the agent of the other, and each party agrees in support hereof to hold the other harmless and to indemnify the other from all liability or expense arising out of this paragraph.    All joint credit cards, if any, shall be cancelled within twenty-four (24) hours from the Effective Date of this Agreement.

 

In the presence of:

______________________________                 ________________________________

(as to Husband)                                                       JACK KING

 

______________________________                 ________________________________

(as to the Wife)                                                        JAMIE CROWN

 

 

STATE OF FLORIDA         )

          )§:

COUNTY OF BROWARD  )

BEFORE ME, the undersigned authority, personally appeared JAMIE CROWN known to me, who, after first being duly sworn, deposes and states that she executed the foregoing Settlement Agreement, for the purpose therein expressed.

WITNESS my hand and seal in the State and County aforesaid this _____ day of XXXXXX 20__.

_________________________________

Notary Public

 

STATE OF FLORIDA         )

          )§:

COUNTY OF BROWARD  )

BEFORE ME, the undersigned authority, personally appeared JACK KING who produced _________________, known to me, who, after first being duly sworn, deposes and states that he executed the foregoing Settlement Agreement, for the purpose therein expressed.

WITNESS my hand and seal in the State and County aforesaid this _____ day of XXXXXXX 20__

_________________________________

Notary Public

 

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This document is a sample pleading related to a specific set of facts and circumstances and should not be used or relied upon for any family law matter. This document is being provided for illustrative purposes only. We recommend and urge you to consult with an experienced divorce lawyer for professional advice as each case is unique.

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