Memorandum of Agreement

Payne Mediation, LLC.

DRAFT 09 Dec 2009
_____________________________________________________________

Parties: Eric E. Grenke, 102 South Fox Road, Sterling, Virginia

Aimee Lea Grenke, 17065 Reid Hill Dr., Culpeper, Virginia

Children: Konnor, date of birth May 4, 1995 (14), and Dillon, date of
birth January 13, 1999 (10)

Mediator: Hon. H. Dudley Payne, Jr., Judge, Ret., Payne Mediation, LLC.

Parenting

Custody
The parties agree to share joint legal custody of the children, with Aimee
having primary physical custody.

Parenting Time (visitation arrangements)

The parties agree that they want Eric to have as much time as possible with
the children. They acknowledge that from time to time he has to travel as
part of his employment.
There are details to be decided upon but for non-holiday visitation (the
holiday visitation set forth below supersedes the regular visitation) with their
father, the parties believe Eric will have 1to 3 weekday overnights with the
boys, or at least one of them, and every other weekend from Friday evening
until Sunday evening at about 6:00 p.m. (or take them to school Monday
morning?)
Thanksgiving
In 2010, Eric will have Thanksgiving Day and the next day, and Aimee will
have the weekend. In 20ll, Aimee will have Thursday and Friday, and the
parties will alternate from year to year thereafter.
Christmas
While the arrangements set forth in this paragraph are somewhat tentative,
the parties plan on Eric having December 24 of each year, returning the
children home that evening, and Aimee will have December 25 of each year.
Eric may come to the boys’ home on December 25 for a visit, at a time to be
mutually agreed upon, and he will have the boys for December 26 and 27
each year.
Summer
Eric will have the boys for one week in June and one in July each year, and
he will give Aimee notice of his dates not later than May 31st of each year.

Property

Real Estate
The parties plan for Aimee and the boys to remain in the marital home for
the time being, and they have not reached an agreement on disposition of the
house. One of the avenues already discussed would have Eric conveying the
home to Aimee, without compensation, in exchange for her relinquishing her
interest in Eric’s 401K plan. At this time, the parties believe the property is
worth approximately $400,000.00 and about $360,000 is owed on the
mortgage. The monthly mortgage payment is $2,450.00

Retirement Plans
Eric has a 401k with a balance of between $60,000.00 and $70,000.00. The
parties discussed this asset, Aimee understands that she has a claim to a
marital share, but no agreement has been reached yet.

Personal Property
The parties believe they will be able to amicably divide their personal
property. It is now agreed that Eric will retain ownership of his firearms.
Eric will remove his clothes from the marital home not later than December
11, 2009.

Motor Vehicles
Eric will retain ownership and use of the 2002 Subaru WRX, and there is no
loan encumbering this vehicle. Aimee will have ownership and use of the
1999 Jeep Grand Cherokee. There is no loan encumbering this vehicle. Eric
will receive the 1982 Fiat convertible against which there is no loan.

Liquid Assets
????

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Support

Spousal
The parties have “run the guidelines” to help determine spousal support,
known in the law as Pendente Lite , or temporary support, to be paid until
such time as a final amount of such support is set in the final decree of
divorce entered by the Circuit Court. The informal “guideline” worksheet is
attached. It reflects that Eric’s income is the only income for this family,
and consists of $135,000.00 per year, a little more or less, which is equal to
$11,250.00 per month. “Guideline” spousal support is $3,150.00 per month.
Eric will bring to the next mediation session his most recent paystub which
will show his income year to date. It is likely that interim spousal support
will be determined using this “year to date” figure.
For permanent support, the parties discussed a plan by which Eric would pay
spousal support, modifiable in its first year, for ten years. It would be
deductible from income for Eric and be included in Aimee’s income for
income tax purposes. It would terminate for the usual statutory reasons:
death of either party, Aimee’s re-marriage, and Aimee’s “habitually
cohabitating with another person in a relationship analogous to a marriage
for one year or more.”
Tentatively, Eric agrees to pay Aimee $3,150.00 per month in spousal
support, to be paid by electronic deposit into Aimee’s bank account.

Child Support
Referring to the same worksheet described above, Eric tentatively agrees to
pay the monthly guideline amount of child support of $1,182.00, yielding
total monthly support of $4,332.00. This amount would be paid according
to the usual terms and expire according to Virginia law. Eric will use the
same method of electronic deposit into Aimee’s account.

In the final analysis of the parties’ financial circumstances, the parties each
believe that Aimee’s monthly expenses in caring for the home and the
children and herself will be about $4,200.00.

Insurance

Automobile Liability Insurance

The parties will keep their auto insurance the same until divorce when each
party will own policies that suit them.
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Medical Hospitalization Insurance
Eric will continue his existing policy which covers Aimee and the children.
At the time of divorce, he will no longer be able to carry Aimee, and she
understands that health insurance will be her sole responsibility.
He agrees to continue the children on the policy until he can no longer do so
according to the terms of the policy, usually age 23 if they are students from
age 18 until 23.
The parties understand that the law provides that Aimee pay the first
$250.00 per year of non-covered medical and dental costs. Thereafter, said
non-covered expenses will be paid solely by Eric for so long as Aimee has
no income. When she does, she will pay her share based on the relative
income of the parties.
The parties anticipate orthodontic expenses for the boys. As above, Eric will
pay said costs by any method he can arrange with the orthodontist until such
time as Aimee has earned income. When she does, she will pay her share
based on the relative income of the parties.

Life Insurance
Eric carries life insurance through USAA. He agrees to keep said policy in
full force and effect, naming Aimee as Trustee beneficiary for the children.

College Education
The parties have briefly discussed the idea that Eric would help Aimee with
college costs necessary to obtain her Associates degree.

Taxes
No discussion yet.

Debts and Obligations

The parties acknowledge that there is a “Care” credit card used mainly by
Aimee. They have not decided how the balance on the credit card will be
paid.

Attorney and Mediator Fees

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Eric agrees to pay all mediation fees and will pay attorneys fees to an
attorney for preparing a final Property Settlement Agreement and obtaining
a “no-fault” divorce. If divorce proceedings are begun on any other basis,
each party will be responsible for paying their own attorney.

Disclosure

Each party certifies that they have made full disclosure of all assets and
income to the other in the course of these proceedings and the negotiations
resulting in this agreement. The parties agree that this document is based
upon that disclosure and that said disclosure specifically forms part of the
inducement for each entering into this Agreement.

Attorney Review

Each party understands that they have the right to review this document with
an attorney, from the first draft to the last. Each understands that once put in
final form and signed, this Memorandum of Agreement will be legally
binding, and that it is enforceable as any other legal contract would be.
Judge Payne encourages them to see an attorney early in the process of
reaching an agreement, and strongly recommends that they see an attorney
before signing this Memorandum of Agreement. However, the parties also
understand that they do not have to see an attorney at any stage, including
prior to signing, and that signing this Agreement will be deemed to
voluntarily waive the right to have counsel review this document.

The parties understand and commit to the following court

requirements:
a. Relocation: Each party intending a change of address shall give 30
days’ advance written notice of such change of address to the court
and other party, pursuant to Virginia Code Section 20-124.5. This
notice shall contain the child’s full name, the court case number of
this case, the party’s new telephone number and new street address
and, if different, the party’s new mailing address. This notice shall be
mailed by first-class or delivered to the court and to the other party.
b. Access to records: In accordance with Virginia Code Section 20-
124.6, neither parent, regardless of whether such parent has custody,
shall be denied access to the academic, medical, hospital or other
health records of that parent’ minor child.
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 ____________________________

_____________________________

State of Virginia
County of Fauquier

This Memorandum of Agreement was acknowledged before me this

____________________________ by (name)
and .

This Memorandum of Agreement was acknowledged before me this

____________________________ by __________________________.

DRAFT OF December 9, 2009

Drafting time – 2.2 hours X $280.00 = $616.00 fee