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Watkins Proposed Settlement Agreement
Watkins Proposed Settlement Agreement
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SETTLEMENT AGREEMENT
COUNTY OF AIKEN
WITNESSETH:
WHEREAS, the parties were married on or about the 13th day of September,
2014, in
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,
temporary and permanent alimony, temporary and permanent child support, child
custody and a
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:
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made and a division of property and payment of the sums herein set forth, the Husband
and the Wife
SEPARATION
It shall be lawful for each party at all times hereafter to live separate
and apart from the other
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
or abusing the other party in any manner whatsoever. Each may for
his or her separate benefit,
the other advised as to his or her residence address and telephone number
where each can be
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,
The Husband shall retain possession and ownership of his personal jewelry and
the Wife shall.
Husband:
William Travis Watkins, Husband Mary Margaret Watkins, Wife
SETTLEMENT AGREEMENT/vi
Wife:
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MARITAL RESIDENCE:
As an equitable division of property, the Wife shall be entitled to retain exclusive use,
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
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
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:
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III. AUTOMOBILES
A.
The Wife shall retain exclusive use and ownership of
the Toyota 4Runner motor
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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
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
for all expenses for tags, licenses, and taxes that may be associated with
said motor vehicle as of the
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
Husband:
William Travis Watkins, Husband Mary Margaret Watkins, Wife SETTLEMENT AGREEMENT/vi
Wife: -
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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
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
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
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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,
major decisions involving the minor child, then and in that event, the Wife shall have the
right to
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
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:
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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.
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
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:
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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
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
D.
Telephone: The Wife shall have the right to call the Husband and speak to the
minor
able to call the Wife at any time. The Husband shall have the right to have reasonable
telephone
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:
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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
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
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
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
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:
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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
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
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
M.
Persons Unrelated to the Child: Neither parent shall have any person with whom
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
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:
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may attend all such events if it is appropriate for parents to attend. When in
doubt, the other parent
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
shall pay to the Wife for the care, support and maintenance of the minor
child of the parties, the sum
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
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: -
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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.
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
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
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: _
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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
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
C.
The obligations of the parties pursuant to this paragraph shall continue so
long as the
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.
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: _
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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,
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
12.
MUTUAL RELEASE
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
Husband:
William Travis Watkins, Husband Mary Margaret Watkins, Wife SETTLEMENT AGREEMENT/vi
Wife:
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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.
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
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 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:
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18.
BINDING AGREEMENT
19.
SEVERABILITY
Husband:
William Travis Watkins, Husband Mary Margaret Watkins, Wife SETTLEMENT AGREEMENT/vi
Wife: -
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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
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: -
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