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STATE OF INDIANA CIRCUIT COURT MONROE COUNTY

FAMILY COURT BRANCH

In re the marriage of:

Mary Green,

Case No. 523145-251

Petitioner

-and-

John Green,

Respondent

MARITAL SETTLEMENT AGREEMENT

This agreement is between Mary Green, petitioner, and John Green, respondent. In consideration of the mutual terms and provisions stated in this agreement, both parties agree that these terms and provisions may be incorporated by the court in the pending divorce action between the parties into the conclusions of law and judgment to be entered; however, this agreement shall independently survive any such judgment. The parties agree as follows:

I. CUSTODY AND PHYSICAL PLACEMENT

A. Both parties are fit and proper person(s) to have joint legal custody of the children.It is in the present best interests of the minor children that both parties be granted joint legal custody of the minor children whose name(s) and date(s) of birth are as follows:

Timothy Green DOB August 27^th, 2007

Susan Green DOB December 29^th, 2010

B. Mary Green shall be designated the primary caretaker and shall have primary physical placement of the minor children at all times and hours except John Green shall have physical placement of the minor children at reasonable times on reasonable prior notice to Mary Green. These periods shall include the following specific times: Alternating weekends and every Wednesday, and Friday from 6 pm to Sunday to 6 pm and Wednesday from 4 pm to 7 pm.

C. If any disputes arise as to custody or physical placement, either party may request the circuit court commissioner to refer the matter to the director of family court counseling services for mediation. Both parties shall cooperate with the mediator and counseling service.

D. Both parties shall have access to the children's medical, dental, and school records, as well as to the children's court or treatment records and the children's records relating to protective services.

II. A. CHILD SUPPORT

[Choose appropriate paragraph]

[ ] [Flat Amount]

1. John Green shall pay the amount of $ per month toward the support of the minor child(ren). Such payments shall be payable at the rate of $ monthly, commencing on .

[or]

[Percentage of Income]

[Choose appropriate provision]

[ ] [Monthly Income Determinative]

1. On the first day of each month, commencing with the first day of the first month immediately following the granting of the divorce, John Green shall pay to Mary Green toward the support of the minor child(ren) percent of the (respondent's) (petitioner's) gross income (including any bonus) paid during that month, said percentage to be deducted from (his) (her) income pursuant to an assignment of income, as provided in paragraph 4. The parties have stipulated to expressing child support as a percentage of the payor's income.

II. B. MAINTENANCE

[Maintenance Payments]

1. The (respondent) (petitioner) shall pay the amount of $ per month as maintenance. Such payments shall be payable in the sum of $ (weekly) (biweekly) (semimonthly) (monthly), commencing on .

III. HEALTH-CARE EXPENSES

A. The respondent shall maintain the minor children on his comprehensive medical and hospitalization insurance policy and shall maintain the same until the youngest child reaches the age of majority, or until the youngest child has reached the age of 19 so long as the child is pursuing an accredited course of instruction leading to the acquisition of a high school diploma or its equivalent.The respondent shall promptly make all necessary premium payments and promptly furnish the petitioner with a current subscriber card evidencing the medical insurance coverage on behalf of the children.

B. The parties shall split equally the liability for all hospital, medical, dental, and related expenses not covered by insurance for each of the minor children.

VI. A. PROPERTY DIVISION

As a full, final, complete, and equitable property division, each party is awarded the following property:

Petitioner

1. Household items and personal effects in her possession at the time of trial

2. Deferred compensation

3. Vehicle(s)

4. Cash and deposit account(s) in her name

5. Miscellaneous assets

Respondent

[ ] Household items and personal effects in his possession at the time of trial (specify if necessary)

[ ] Deferred compensation (specify name of pension/profit-sharing/retirement plan)

[ ] Life insurance policies in (his) (her) name, subject to the provisions of sections (insert number) of this agreement, and cash surrender values, if any

[ ] Vehicle(s)(specify year/make/model)

[ ] Cash and deposit account(s) in (his) (her) name (specify)

[ ] Stocks/bonds/securities (specify)

[ ] Business or professional interests (specify)

[ ] Miscellaneous assets (specify)

[ ] Cash settlement payment of $ #22 (on the following terms: )

[ ] Property not subject to division (specify)

VI. C. DISPOSITION OF RESIDENCE/OTHER REAL PROPERTY

The petitionershall be awarded all right, title, and interest in the parties' residence located at , (, subject to the outstanding mortgage thereon owing to in the current approximate amount of $ )..

VIII. TAXES

A. The petitioner shall have the right to claim the following child(ren) as dependents for federal and state income tax purposes provided that one or both parents fulfill the tax code requirements for claiming the dependency exemption: . The petitioner, who has primary placement, will sign IRS Form 8332, Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent for the children, , for each tax year provided all payments on behalf of the children are current as of the end of the tax year. The (petitioner) (respondent), who is the primary custodian, agrees not to claim the dependency exemptions for those tax years that either parent qualifies unless there is a modification ordered by the court or a signed, written agreement between the parties.

Mary Green John Green

Petitioner's name Respondent's name

Briggs, Bryant, and Wendall Law Firm Monty Stratton Law Firm

Attorneys for the Petitioner Attorneys for the Respondent

By: Anita Bryant Esq. By: Monty Stratton Esq.

Information pertaining to the case and the agreement:

You continue to work on the Mary Green divorce case for Attorney Anita Bryant. John is represented by Attorney Monty Stratton. With their attorneys' guidance and advice, the parties continue to negotiate to reach a complete Marital Settlement Agreement. They have reached an agreement on Child Custody and Physical Placement, as well as on health care expenses for the minor children. There are two proposals under consideration for Child Support and the tax exemptions for the children. John's gross income is $7,500.00 per month; Mary's gross income is $3,500.00 per month.

Prepare a Memorandum from yourself to Attorney Bryant, setting forth the draft agreements on Custody and Physical Placement, as well as on Health Care Expenses. Then add the two proposals on Child Support and the Tax Exemptions. Each section will bear the proper heading, identifying the provision. You may use templates from your state, from Lexis Advance or the template provided (parts I, III and VIII), but this is not a fill-in-the-blank form assignment. This will be submitted as a single Word document, with the proposals contained within the text of the memo.

Memo from: Attorney Anita Bryant

To: Paralegal Staff

RE: Our Client: Mary Green

I am providing you with an outline of the parties' agreement on Custody and Child Support. There are two proposals on child support for us to discuss with our client. The state is attempting to standardize child support awards, and so has come up with several formulas that must be used. I will give you a recap of those formulas. The straight percentage guidelines require the parent who does not have primary placement, who is John Green in this case, to pay child support in the amount of 25% of his gross monthly income for two children. The shared placement guidelines have a five- step formula:

1. Determine each parent's monthly income.
2. Multiply each parent's monthly income by the appropriate percentage standard, in this case 25%.
3. Multiply the results from step 2 by 150%.
4. Multiply the result from step 3 by the percentage of time the children spend with the other parent.
5. Subtract the smaller amount from the larger. This is what that parent must pay monthly in child support.

Under those shared placement guidelines, John Green would also have to pay 30% of the variable costs, such as childcare, tuition, special needs, or other activity costs for the children. Mary Green will need to determine whether his contribution to those costs will offset any reduction in child support payments.

Here is an outline of their agreement:

The agreement on Child Custody is as follows:

• The parties will have joint legal custody.
• Mary will have primary physical placement.
• John will have periods of physical placement of the children consisting of alternate weekends from Friday at 6:00 pm to Sunday at 6:00 pm; overnight placement on alternate Thursdays opposite his weekend; and other reasonable times on reasonable notice.
• Both parents will have access to medical, dental, and school records.
• The parties agree to participate in mediation through the Family Court Mediation Service if there are future disputes.

The agreement on Health Care Expenses is as follows:

• John will provide medical insurance for the children.
• Mary will provide dental insurance for the children.
• The parties will divide equally any uninsured medical, dental, or other health care expenses for the children.

The first proposal on Child Support and the Tax Exemptions is as follows:

• John will pay child support based on the straight percentage Child Support Guidelines. You will need to calculate the monthly amount in dollars, so that Attorney Bryant may show Mrs. Davis the comparable monthly amounts. Show your calculation: $_____ dollars monthly income X _____% = $_____ dollars support.
• John will have the tax exemption for Susan.
• Mary will have the tax exemption for Timothy.

The second proposal on Child Support and Tax Exemptions is as follows:

• The parties agree that the shared time placement will result in the children spending 70% of their time with Mary and 30% of their time with John.
• John will pay child support based on the shared placement child support guidelines. You will need to calculate the monthly amount in dollars. Show your complete 5-step calculation.
• John will also pay 30% of the variable costs for the children.
• John will have both tax exemptions for the children.

Attorney Bryant