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STATE OF SOUTH CAROLINA

)
SETTLEMENT AGREEMENT
COUNTY OF AIKEN

THIS AGREEMENT, made and entered into on this


_
day of

2021, by and between WILLIAM TRAVIS WATKINS, a resident of Aiken


County (hereinafter
referred to as the "Husband"), and MARY MARGARET WATKINS, a resident of Aiken County

(hereinafter referred to as the “Wife"),

WITNESSETH:

WHEREAS, the parties were married on or about the 13th day of September,
2014, in

Lincolnton, Lincoln County, Georgia; and


WHEREAS, there is one child born as issue of said marriage, namely: A.L.W.,
born in 2013;

and

WHEREAS, differences have arisen between the Husband and Wife in their marital

relationship and as a result, they have been and are now living separate and apart, and
there is presently

pending between the parties an action for divorce, the same having been filed in
the Family Court for

Aiken County, South Carolina, in a case styled: Mary Margaret Watkins vs.
William Travis Watkins,

Case No. 2020-DR-02-1108; and


WHEREAS, the parties desire to settle amicably between themselves, all
questions of

temporary and permanent alimony, temporary and permanent child support, child
custody and a

division of personal property, assets and indebtedness of the marriage; and

WHEREAS, the Husband and Wife do enter into this Agreement acknowledging
that the

provisions of this Agreement are just and fair to both parties; and

Husband:
William Travis Watkins, Husband Mary Margaret Watkins, Wife SETTLEMENT AGREEMENT/vi
Wife:
Page 1 of 17

NOW, THEREFORE, in consideration of the premises and the mutual promises


herein

made and a division of property and payment of the sums herein set forth, the Husband
and the Wife

do hereby agree as follows:

SEPARATION

It shall be lawful for each party at all times hereafter to live separate
and apart from the other

party at such place or places as he or she may from time to time


choose or deem fit. Each shall be

free from interference, molestation, authority and control, direct or indirect by the
other as fully as
though unmarried. Further, both parties are hereby enjoined and restrained from
doing, or

attempting to do, or threatening to do, any act of injury, maltreating,


molesting, harassing, harming,

or abusing the other party in any manner whatsoever. Each may for
his or her separate benefit,

engage in any employment, business or professions, he or she may choose.


Each party shall keep

the other advised as to his or her residence address and telephone number
where each can be

reached so long as any obligation exists under this Agreement.

DIVISION OF PERSONAL PROPERTY

The Husband and the Wife have made an amicable division of their personal
property and

household furniture and furnishings. The parties hereby relinquish and forever
quit-claim unto each

other any and all right, title and interest he or she may have in and to the
clothing, personal effects,

and household furniture and furnishings presently in the possession of


the other party.

The Husband shall retain possession and ownership of his personal jewelry and
the Wife shall.

retain possession and ownership of her personal jewelry.


w

Husband:
William Travis Watkins, Husband Mary Margaret Watkins, Wife
SETTLEMENT AGREEMENT/vi
Wife:
Page 2 of 17

EQUITABLE DIVISION OF PROPERTY

MARITAL RESIDENCE:

As an equitable division of property, the Wife shall be entitled to retain exclusive use,

occupancy and ownership of the marital residence of the parties located at


303 Pine Bark Lane, North

Augusta, Aiken County, South Carolina 29860, which is the separate property of
Raymond Bussey,

the father of the Wife. The Wife shall be responsible for making any monthly rent payments, as
well

as the payments for utilities, homeowners insurance premiums, real property taxes, and
other normal

household expenses associated with the ongoing maintenance of the


marital residence. The Wife

shall be entitled to retain exclusive use, occupancy and ownership of the marital
residence of the

parties located at 303 Pine Bark Lane, North Augusta, Aiken County, South Carolina
29860.

II.
SAVINGS AND INVESTMENTS
A.
As an equitable division of property, the Wife shall be entitled to retain as her
separate

and sole property the following: all individual retirement accounts, 401(k)
plans, pension and profit

sharing plans, retirement funds, investment accounts, and other savings


and checking accounts listed

in her individual name, as of the date of the execution of this Agreement.

B.
As an equitable division of property, the Husband shall be entitled to retain
as his

separate and sole property the following: all individual retirement accounts,
401(k) plans, pension

and profit sharing plans, retirement funds, investment accounts, and other
savings and checking

accounts listed in his individual name, as of the date of the execution of this
Agreement.

Husband:
William Travis Watkins, Husband Mary Margaret Watkins, Wife SETTLEMENT AGREEMENT/vi
Wife:

Page 3 of 17
III. AUTOMOBILES

A.
The Wife shall retain exclusive use and ownership of
the Toyota 4Runner motor
USG
innen

vehicle presently in her possession as of the date of the execution of this


agreement and shall be

responsible for the payment of any outstanding indebtedness owing with regard
to the same.

B.
The Husband shall retain exclusive use and ownership of the Toyota Corolla
motor

vehicle presently in his possession as of the date of the execution of this


Agreement and shall be

responsible for the payment of any outstanding indebtedness owing with regard to the
same.

C.
The parties shall each be responsible for the payment of their respective
premiums

with regard to their automobile liability insurance on the motor vehicle


retained by them, as well as

for all expenses for tags, licenses, and taxes that may be associated with
said motor vehicle as of the

date of the execution of this Agreement.

D.
To the extent required, each party shall execute any and all documents necessary to

affect the transfer of the title to the above-referenced motor vehicles to the
respective party in

possession.

IV.
LIFE INSURANCE

The Husband and the Wife shall each be entitled to retain the life insurance
policies insuring

their respective lives, inclusive of any cash surrender value of any such
policies.

INDEBTEDNESS

A.
The Husband and the Wife shall each be responsible for all
indebtedness incurred by

them individually, subsequent to the date of the separation of the parties


and shall indemnify and hold.

harmless the other from any liability on account of the same.

Husband:
William Travis Watkins, Husband Mary Margaret Watkins, Wife SETTLEMENT AGREEMENT/vi
Wife: -
Page 4 of 17
B.
The Wife shall remain liable for payment of the outstanding debt on all charge
card

accounts in her name and the Husband shall remain liable for the payment
of the outstanding debt on

all charge card accounts in his name. Both parties agree to execute any and all
documents necessary

to effect the removal of the other party's name from these accounts effective as
of the date of the entry

of any Final Decree of Divorce in this matter, and to indemnify and hold
harmless each other from

any liability on account of the failure of either party to pay said debt when it
comes due.

C.
The Husband and Wife jointly acknowledge that there is no joint indebtedness for

which either party claims the other party is liable with the exception of the real
estate indebtedness

and any other indebtedness as set out above.

CHILD CUSTODY AND VISITATION


CUSTODY:

The Husband and the Wife shall have joint legal custody and control of the minor
child of the

parties, namely: A.L.W., born 2013, with the Wife being designated as the
primary physical custodian

of said child, and supervised rights of visitation to the Husband. It is agreed that
the custody

arrangement specified herein is in the best interest of the minor child and is not to be
construed as an
abandonment of said child by the Husband. The parties have reached this agreement
after

consideration of all factors involved and out of love and consideration for their child and
his best

interest. It is further agreed that the Husband and the Wife shall work together to
provide each party

with as much contact with the minor child as possible.

A.
Primary Residence: The primary residence of the minor child shall be with
the Wife..

Husband:
William Travis Watkins, Husband Mary Margaret Watkins, Wife SETTLEMENT AGREEMENT/vi
Wife: 2
Page 5 of 17
B.
Decision-Making With Regard To The Child: The Husband and the Wife agree to

consult with each other with regard to all major decisions to be made in connection with
the health,

education, religious upbringing, and well-being of the minor child.


In the event the Husband and the Wife are unable to reach a mutual decision as to any
such

major decisions involving the minor child, then and in that event, the Wife shall have the
right to

make the final decision as it involves said minor child.


II.
VISITATION:

The Husband shall be entitled to visitation with the minor child.

In the event the parties are unable to reach an agreement as to what is reasonable with regard

to the Husband's visitation, then and in that event, the Husband shall have
the following rights of

visitation with the minor child:


A.
Co-Parenting Time: The Husband shall have the right to have the minor child every

other weekend from Friday at 6:00 p.m. until Sunday at 6:00 pm, and for
one afternoon each week

from 4:00 p.m. until 7:30 p.m. on a day to be agreed to by the parties Monday through
Thursday. In

the event the parties are unable to agree on the day for this weekday
visitation, the Husband shall have

the right to have the minor child on Tuesday after school until 7:30 p.m. at
which time the child shall

be returned to the residence of the Wife. The Husband shall be responsible for
homework, feeding

the minor child, and transportation for the child to his regularly scheduled
activities during these

visitation periods.

B.
Summer:

The visitation schedule as set forth in Paragraph A above shall continue during
the .

Summer except:

Husband:
William Travis Watkins, Husband Mary Margaret Watkins, Wife SETTLEMENT AGREEMENT/vi
Wife:
Page 6 of 17

Each parent shall have the right to designate two (2) consecutive
weeks of summer

visitation in the event they travel out of town for a summer holiday vacation
for said length of time.

C.
Holidays:
1.
Other Holiday Weekends: In the event that the child have a school holiday

or professional day (a day that school is not in session) which falls on a Monday,
the parent with

whom the child spent the weekend preceding the holiday shall be entitled to
spend that Monday

holiday with the child as well. If the school holiday or professional day falls
on a Friday, the parent

with whom the child will spend the weekend following the holiday shall be entitled to
spend that

Friday holiday with the child as well. Visitation with the minor child on these
holiday weekends shall

commence on the day the child are released from school prior to the
holiday weekend at 6:00 p.m.

and shall conclude at 6:00 p.m. on the day before school resumes.

2. Mother's Day and Father's Day: The minor child shall


always be with the
father from 6:00 p.m. on the Saturday before Father's Day until 6:00 p.m.
on Father's Day regardless

of which parent was scheduled for visitation that weekend. The minor child shall
always be with the

mother from 6:00 p.m. on the Saturday before Mother's Day until 6:00 p.m.
on Mother's Day

regardless of which parent was scheduled for visitation that


weekend.
3.
Thanksgiving: The minor child shall always be with the Wife for the first

half of Thanksgiving holidays from the time school is released until 10:00
a.m. on Thanksgiving

morning. The Husband shall have the minor child from Thanksgiving morning at 10:00
a.m. until he

returns the child at 6:00 p.m. on the Sunday following Thanksgiving Day.

Husband:
William Travis Watkins, Husband Mary Margaret Watkins, Wife SETTLEMENT AGREEMENT/vi
Wife:
Page 7 of 17
Christmas:

(a)
During Christmas holidays, the Wife shall have the child from the time

school is released until 2:00 p.m. on Christmas Day, and the Husband shall pick
up the child on

Christmas Day at 2:00 p.m. and have visitation until noon on New Year's Day.

(b)
For the purpose of the resumption of regularly scheduled weekend

visits, the parent who exercised visitation during the first half of the Christmas Holidays
shall have

the right to have the child with him or her on the first full weekend after the child return to school

from the Christmas holidays.

Spring Break: The Wife shall have the child for Spring Break every year

from the time school is released until the child is returned. Spring Break
shall be defined as the week

long holiday in the Augusta-Aiken area that is generally known as “Masters


Week."

The times designated in Paragraph C shall supersede weekend and


weekday visitations referenced in Paragraphs A and B.

D.
Telephone: The Wife shall have the right to call the Husband and speak to the
minor

child twice-a-day in order to check-in on the minor child's status. Further,


the minor child shall be

able to call the Wife at any time. The Husband shall have the right to have reasonable
telephone

visitation with the child at reasonable times under reasonable circumstances,


i

E.
Exchanges: The Husband will pick up and return the child at and to the home of the

Wife. If the Wife has moved (or in the future moves) more than thirty (30)
miles from the Husband

after they separated, they are expected to meet halfway or alternate pick up and
delivery of the child.

Either parent may designate a competent adult to pick up and return the child, as
applicable; a parent

or a designated competent adult shall be present when the child is/are picked up
or returned.

Husband:
William Travis Watkins, Husband Mary Margaret Watkins, Wife SETTLEMENT AGREEMENT/vi
Wife:

Page 8 of 17
F.
Personal Effects: Each parent shall return with the child the personal effects that
the

child brought at the beginning of the period of visitation, unless both parents have
specifically agreed

to other terms of exchange related to the child's personal effects.


G.
Current Numbers: Parents should anticipate the need to reach one another
should

an emergency arise. Each parent should keep the other parent informed of
current addresses and phone

numbers (work, home, cell, and/or beeper). Whenever a party is traveling out of the
area of their

permanent residence on an overnight basis with the child, he/she shall


keep the other parent advised

of his/her itinerary and contact information.

H.
Access to Records of the Child: Each party shall have direct access to the child's

school, medical, hospital and dental records wherever they be located and
shall have the right to

discuss the child with doctors, teachers, administrators, coaches, youth


leaders, and any and all

educational and health care providers. Each party shall have access to the child's
grades from school,

as well as a schedule of the child's curricular and extracurricular events, so that each
parent shall be

permitted and enabled to fully participate in all aspects of the lives of the
minor child. The parties will

inform one another of events and activities involving the child so that each
party has an opportunity

to attend if he/she so desires.


1.
Medical Emergencies: In the event of a medical emergency experienced by
the

child, the parent who has the child may make appropriate decisions to
protect the health and welfare

of the child. This is not to undermine the custodial parent's legal authority to
make appropriate

decisions. The visiting parent shall make reasonable efforts to contact the
custodial parent, but shall

have the authority to act and shall not delay in protecting the child from
imminent danger. The visiting

parent may sign such forms as are required by the various providers in order to
address the emergency,

Husband:
William Travis Watkins, Husband Mary Margaret Watkins, Wife
SETTLEMENT AGREEMENT/vi
Wife:
Page 9 of 17

The visiting parent shall notify the custodial parent as soon as possible as to the
nature and the extent

of the emergency

J.
Illness: Each parent shall notify the other of any serious illness relating to a child

while in his/her care. A serious illness is defined as one which requires the child to be
absent from

school or deviate from his or her normal schedule for two or more days. If the child
requires more

than one visit to a health care provider for whatever malady, the party who
has the child shall notify

the other of the nature of the malady and the treatment.

K.
Reference to the names of "Mother" and "Father": The parties are directed that

names such as Mom, Mommy, Mother or Dad, Daddy or Father or the like are
specifically reserved

for the mother and father. Neither shall permit the use of such names by
the minor child/children for

persons other than the mother or father.

L.
Building Relationships with the Child:
Each parent shall promote a good

relationship between the child and the other parent and neither parent shall
disparage the other parent

in any way in front of the minor child.

M.
Persons Unrelated to the Child: Neither parent shall have any person with whom

they are romantically involved, who is not related by blood or marriage,


around the child overnight.

N.
Notice of Relocation: Ifeither party moves more than thirty (30) miles from
the place
where he/she was living at the time of the signing of the order establishing
visitation, he/she must

give at least sixty (60) day notice of such move.

0.
Important Events:
Both parties shall timely notify the other party of any

reasonably important event occurring while the child is in his/her care, such
as, but not limited to: .

extracurricular activities, baptisms, sporting events, dance recitals, school plays, etc.
Both parents

Husband:
William Travis Watkins, Husband Mary Margaret Watkins, Wife SETTLEMENT AGREEMENT/vi
Wife:
Page 10 of 17

may attend all such events if it is appropriate for parents to attend. When in
doubt, the other parent

shall be given notice.

P.
Alcohol and Drugs: The parties shall not excessively consume or be under
the

influence of alcohol or use any illegal drug use or abuse any prescription drug
while the child/children

are in his/her care.


CHILD SUPPORT

For purposes of calculating the child support obligations of the Husband to


the Wife under

the existing Child Support Guidelines for the State of


South Carolina, the Husband has an
an

approximate monthly gross income in the amount of $


and the Wife has an approximate

monthly gross income in the amount of $3,000.00. Therefore, the


parties have agreed that the Husband

shall pay to the Wife for the care, support and maintenance of the minor
child of the parties, the sum

of $541.60 per month, payable at the weekly rate of $125.00,


commencing on the first Friday after

the signing of this Agreement, and continuing every Friday thereafter until
the end of the month in

which the minor child of the parties marries, secures permanent and gainful
employment, attains the

age of eighteen (18) years, or dies, whichever event shall first occur;
however, in the event said minor

child is still in high school upon attaining the age of nineteen (19)
years, then and in that event, the
Husband's child support obligations shall continue until the end of
the school year after the child

reaches nineteen years of age, whichever event shall first occur.

The Husband shall pay the Wife directly, and if the Husband is ever
more than five (5) days

late with his support payment, the Wife may file an affidavit with the Clerk of
Court's Office for.

Aiken County, and thereafter the Husband shall make his support
payments to the State Disbursement

Unit (SDU) on behalf of the Clerk of Court for Aiken County, together with
applicable court costs.

Husband:
William Travis Watkins, Husband Mary Margaret Watkins, Wife SETTLEMENT AGREEMENT/vi
Wife: -
Page 11 of 17

WAIVER OF ALIMONY

The Husband and the Wife do hereby waive and renounce any and all rights they
may have

for alimony and support from the other, now or in the future.

HEALTH INSURANCE FOR THE CHILD

A.
Health insurance is not available to either party at a reasonable cost at this
time. The

minor child is currently covered by South Carolina State Medicaid. If either party
is able to cover the

minor child through their employment at a reasonable cost, they shall


immediately add the minor

child to said coverage. The parties will equally share in the cost of the child's
portion of the health

insurance coverage and shall equally share all medical, dental, orthodontal,
prescription and all other

healthcare expenses of any kind for said child not covered by insurance, with the
Wife being

responsible for the payment of fifty percent of said expenses and the
Husband being responsible for

the payment of fifty percent of said expenses.

B.
The parties shall provide the other party with proof of any
medical insurance policy
that is in full force and effect, and shall furnish the other party with an insurance
or Medicaid card so

as to allow the other party to secure the medical care and services necessary for said
minor child. Each

party shall provide the other party with all necessary documentation to
substantiate the medical

expenses for which they seek reimbursement and shall cooperate with the
other party for the purpose
of filing all health insurance claims. The party who incurs an uninsured
healthcare expense for the

minor child shall provide verification of the amount actually paid by that party to
the other party

within 90 days of the cost being incurred. The other party shall reimburse
the party who incurred the

uninsured medical expense for the child (or pay the healthcare
provider directly) for their share of the

Husband:
William Travis Watkins, Husband Mary Margaret Watkins, Wife
SETTLEMENT AGREEMENT/vi
Wife: _
Page 12 of 17
expense within 30 days after receiving verification of the expense. If the party
who incurred the

uninsured medical expense does not provide proof of the expenditure within 90 days of
incurring the

expense, the obligation to contribute by the other party shall not be effective or
enforceable by

contempt proceedings. Should either party receive a total or partial refund


or other reimbursement of

any uninsured healthcare expense of the child that has been contributed to by the other
party, the party

receiving the refund or other reimbursement shall notify the other party
within 5 days of receiving the

same. The refund or other reimbursement shall be divided between the parties in reference to
their
equal shares provided each party previously contributed to the uninsured
healthcare expenses for

which the refund or other reimbursement was received.

C.
The obligations of the parties pursuant to this paragraph shall continue so
long as the

parties have a child support obligation as set forth above.

EDUCATION FOR THE MINOR CHILD

The minor child currently attends private school. The Wife shall have final
decision-making

authority as to the child's schooling, and each party shall be required to pay 50%
of all registration,

tuition, and school fees up to and through the 12th grade if the child is attending
private school.

10.

FEDERAL AND STATE INCOME TAX RETURNS

A.
The Husband and the Wife shall file separate Federal and State Tax Returns for the

calendar year 2020. Each party shall be entitled to receive their respective
refunds as a result of the

filing of said Returns and shall likewise be responsible for any deficiency
associated with the filing -

of said Returns.
Husband:
William Travis Watkins, Husband Mary Margaret Watkins, Wife SETTLEMENT AGREEMENT/vi
Wife: _
Page 13 of 17
B.
The Wife shall be entitled to claim the minor child of the parties as her
dependent for

the purpose of filing State and Federal Income Tax Returns beginning with
the calendar year 2020,

and every year thereafter,

11.

ATTORNEYS

The Husband acknowledges that Brian T. Mirshak is the attorney for the Wife and does not

represent the Husband with regard to the execution of this Agreement. The Husband
has not relied

upon any legal opinions or advice from said attorney. The Husband
represents that he has full

understanding of this Agreement and has had the opportunity to have said
Agreement reviewed by an

attorney of his choice.

12.

MUTUAL RELEASE

Except as otherwise provided herein, each party has released and


discharged and by this
Agreement does for himself and herself and his or her heirs, legal
representatives, executors,

administrators and assigns, release and discharge the other party from all
causes of action, claims,

rights or demands whatsoever in law or equity which on, either of the parties ever
had or may have

had against the other except and excluding any and all cause or causes of
action for divorce, if any.

13.

ADDITIONAL INSTRUMENTS

Each of the parties shall promptly execute and deliver all written instruments which may be

reasonably required to give full force and effect of this Agreement.

Husband:
William Travis Watkins, Husband Mary Margaret Watkins, Wife SETTLEMENT AGREEMENT/vi
Wife:
Page 14 of 17
14.

ENTIRE AGREEMENT

The parties hereto acknowledge that this Agreement together with the
documents referred to

herein contain the entire understanding of the parties and there are no
other representations,
warranties, or agreements between the parties.

15.

MODIFICATION AND WAIVER

The modification or waiver of any of the provisions of this Agreement shall be effective
only

if made in writing and executed with the same formality of this Agreement.
The failure of either party

to insist upon strict performance of any of the provisions of this Agreement


shall not be construed as

a waiver of any subsequent default of the same or similar nature.

16.

CONTROLLING LAW

This Agreement shall be construed and governed in accordance with the laws of the
State of

South Carolina.

17.

INTERPRETATION OF AGREEMENT
Should any provision of this Agreement require interpretation or construction, it is
agreed by

the parties hereto that the court, administrative body or other entity interpreting or
construing this

Agreement shall not apply a presumption that the provisions hereof shall be
more strictly construed

against one party by reason of the rule of construction that a document is to


be construed more strictly .

against the party who prepared the same, it being agreed that all
parties hereto and/or their respective

Husband:
William Travis Watkins, Husband Mary Margaret Watkins, Wife SETTLEMENT AGREEMENT/vi
Wife:
Page 15 of 17

attorneys and agents have fully participated in the preparation of all


provisions of this Agreement,

including but without limitation all exhibits attached to this Agreement.

18.

BINDING AGREEMENT

The terms of this Agreement shall be binding upon the parties,


their heirs, administrators,

executors, successors and assigns except as otherwise stated herein.

19.

SEVERABILITY

In the event any provision of this Agreement is held to be invalid or


unenforceable, all other

provisions shall remain in full force and effect.


[SIGNATURE PAGE TO IMMEDIATELY FOLLOW]

Husband:
William Travis Watkins, Husband Mary Margaret Watkins, Wife SETTLEMENT AGREEMENT/vi
Wife: -
Page 16 of 17

IN WITNESS WHEREOF, the parties have hereunto set their hands and seals in
duplicate

this ___
_ day of
,2021.
SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF:

Witness

(L.S.) WILLIAM TRAVIS WATKINS, Husband


NOTARY PUBLIC My commission expires:

SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF:

Witness
(L.S.) MARY MARGARET WATKINS, Wife
NOTARY PUBLIC My commission expires:

Husband:
William Travis Watkins, Husband Mary Margaret Watkins, Wife SETTLEMENT AGREEMENT/vi
Wife: -
Page 17 of 17

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