Jackson v. Jackson PROPERTY CUSTODY CS VISITATION AGMT
1. Terry Evers
Family Law
Fall 2015
1
IN THE CIRCUIT COURT OF BENTON COUNTY, ARKANSAS
DOMESTIC DIVISION
WENDY JACKSON Plaintiff
VS. CASE NO. DR- 2015 -85 – 4
MICHAEL JACKSON Defendant
PROPERTY SETTLEMENT, CHILD CUSTODY, SUPPORT,
VISITATION AGREEMENT, AND, CONTRACT
This agreement and contract made and entered into this _____ day of ______________,2015, by
and between WENDY JACKSON,herein referred to as Plaintiff, and MICHAEL JACKSON,
herein referred to as Defendant.
WITNESSETH:
WHEREAS, there is pending in the Circuit Court of Benton County, Arkansas, an action for
absolute divorce filed by Plaintiff against Defendant, and,
WHEREAS,this agreementand contract is made in contemplation, but not in consideration, of said
pending absolute divorce, and,
WHEREAS,the parties hereto desire to enter into a full and complete agreement and contract with
respectto their personal rights and privileges in division and distribution of both of their respective
rights and other obligations, and,
WHEREAS, the parties further desire that this Property Settlement, Child Custody, Support,
Visitation Agreement, and Contract be embodied in a final of Decree of Absolute Divorce in the
above styled action and be fully enforceable by any Court of competent jurisdiction as a judgement
against both parties, in addition to any other rights enforceable by the Circuit Court.
THERFORE,for and in consideration of their mutual promises to abide and honor the terms of this
agreement and contract, the parties agree as follows:
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Family Law
Fall 2015
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CHILD CUSTODY, VISITATION, AND, SUPPORT
1. CUSTODY, VISITATION,AND SUPPORT: The primary care, primary custody and control of
the parties’ minor children; EMILY JACKSON,and, MAXWELL JACKSON are vested with the
Plaintiff, subject to the reasonable rights of visitation of the Defendant, as set out in the Standard
Visitation Schedule approved by this Court and incorporated herein.
i. Provided however, for the exercise of Defendant’s mid – week visitation, when
school is in session, Defendant shall be allowed to pick up the eldest minor child
at 2:50 p.m. from school on Wednesdays and immediately after pick up of the
parties’ eldest child, from Plaintiff’s child daycare the parties’ youngest child and
return both minor children to Plaintiff at 8:00 p.m.
ii. Provided however, for the exercise of Defendant’s mid – week visitation,
Defendant shall immediately, within 15 minutes of pick – up each child, notify
Plaintiff by telephone at her place of employment, at home, wherever she may be,
or, in person as a last resort, that each of the minor children are safely in
Defendant’s custody and where the Defendant and the two minor children will be
during the Defendant’s Wednesday visitation.
iii. Provided however, for the exercise of Defendant’s reasonable visitations, Plaintiff
shall be allowed, within reason, to approve and/or disapprove of Defendant’s
proposed visitation activities of the parties’ two minor children at least 48 hours
prior to each of Defendant’s scheduled visitations.
iv. If Plaintiff reasonably disapproves of any or all of Defendant’s proposed visitation
activities for the parties’ two minor children, Defendant will not have such
visitations unless the parties agree to reasonable compromises of the two minor
children’s visitation activities.
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Family Law
Fall 2015
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2. HEALTH INSURANCE: The Plaintiff will maintain health insurance for the minor children so
long as it is available through her employer at a reasonable rate and Defendant shall reimburse
Plaintiff the costs of such health insurance attributed solely to minor children’s coverage.
i. In the event health insurance is not available through either Plaintiff’s or
Defendant’s employers, either party, with the written approval of the other party,
may obtain coverage for the minor children and the cost attributed solely to the
minor children’s coverage shall be equally divided between the parties’
ii. The parties shall equally split all health related expenses which are not covered by
health insurance, including medical, dental, and, vision incurred on behalf of the
minor children beginning the date of separation.
3. CHILD SUPPORT: The Defendant is currently employed.
i. Defendant is ordered to pay child support in the amount of $100.00 per week,for
the support and maintenance of the parties’ minor children. Said payments shall
commence on the Friday following the entry of the Decree of Absolute Divorce
herein and be a further provided herein.
1. Defendantshall provide, within 10 days of above entry, notification to this
Court and the Plaintiff proof of his weekly income from his employer.
4. The Court orders that all Non – Custodial child support payments be made into the Arkansas Child
Support Registry, P.O. Box 8125, Little Rock, Arkansas 72703.
i. All Non – custodial child support payments shall be made through wage
withholding and payable to the Custodial Parent.
1. The Non – Custodial Parent’s employer shall immediately upon receipt of
a qualified Court Order from this Court for withholding, commence
deducting from money, income, or, periodic earnings, an amount equal to
the weekly child support payments of the Defendant,plus anamount equal
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Family Law
Fall 2015
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to twenty percent (20%) of the support payment amounts to cover any
future accrued arrearage due.
ii. Until such time as the Non – Custodial Parent’s employer may commence
withholding said child support and at all other relevant times to these matters, it
shall be the sole responsibility of the Non – Custodial Parent to pay child support
as herein ordered.
1. The Non – Custodial parent is specifically directed and ordered to
commence paying child support into the ArkansasChild SupportRegistry,
P.O. Box 8125, Little Rock, Arkansas 72703.
iii. The child support obligation is a continuing one and acts as a lien upon real and
personal property owned and hereinafter acquired by the Non – Custodial Parent
as the child support payments shall come due.
1. Even though the employer is obligated to deduct from money, income, or,
periodic earnings due the Non – Custodial Parent, the Non – Custodial
Parent is ultimately responsible for the periodic child support payments
and the administrative costs due this Court.
2. In addition to the child support payments ordered herein, the Non –
Custodial Parent shall pay to the ArkansasChild Support Clearinghouse
the annual administrative fee for processing the child support payments.
3. This Court finds according to Ark. Code Ann. § 9 -14- 107 (a) (2) (A) (1),
the Non – Custodial Parent is ordered to provide the Custodial Parent and
the Arkansas Office of Child Support Enforcement proof of his income for
the previous calendar year, but not more than once per year, whenever
requested, in writing, by certified mail, return receipt, restricted delivery.
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Family Law
Fall 2015
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i. Whenever requested by the Custodial Parent, in writing,
the Non – Custodial Parent provide proof of income, the
Non – Custodial Parent shall respond within fifteen (15)
days by certified mail, return receipt, restricted delivery.
1. If the Non – Custodial Parent fails to provide
proof of income as directed by the Court, or fails
to respond to written request by the Custodial
Parent,the Non – Custodial parent may be subject
to contempt.
2. If the Custodial Parenthas to petition the Court to
obtain the proof of income, the Custodial Parent
may be entitled to recover costs and a reasonable
Attorney fee.
3. All income information of the Non – Custodial
Parent shall be treated confidentially and used for
child support purposes only.
4. If any person reveals the income information of
the Non – Custodial person publicly, that person,
persons, agency, government agency,
government employee, Custodial parent or her
lawyer may be held in contempt.
5. If the Non - Custodial Parent has to petition the
Court to cite any party for contempt for disclosure
of his confidential income information the Non –
Custodial Parent may be entitled to recover costs
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Family Law
Fall 2015
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and a reasonable Attorney fee from the Custodial
Parent.
4. If the Non – Custodial parent experiences a change in gross income in an
amount equal to twenty percent (20%) or more than $100 dollars per
month, such change in gross income will constitute a material change of
circumstances sufficient to petition the Court for review and modification
of the child support payment obligated amount according to the Family
Support Chart after appropriate deductions.
i. Any modification of a child support order based upon a
change in gross income of the Non – Custodial Parent
shall be effective as of the date of filling a motion to
increase or decrease in child support unless ordered
otherwise by the Court.
5. Child support payments shall terminate only upon the entry of a Court
Order to such effect, when the minor children reach eighteen years of age
or graduate from high school, whichever is later.
5. PERSONAL PROPERTY: shall be divided as follows;
a. Plaintiff shall retain all personal property currently in her possession; including the 2001
Mercury Sable, 2015 Chevrolet Tahoe, and, shall hold the Defendant harmless from any
liability owed against the same.
b. Plaintiff shall receive possession of the Smith & Wesson SDVE 9mm handgun.
c. Defendant shall retain all personal property currently in his possession; and, shall hold the
Plaintiff harmless from any liability owed against the same.
d. Each party is responsible for and shall pay all personal property tax incurred by him or her
on or after the date of the separation of the parties.
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Family Law
Fall 2015
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6. REAL PROPERTY: the parties own real property located at 308 Riverside, Bentonville, Arkansas
a. The Plaintiff shall receive sole possession and use of said real property and shall hold the
Defendant harmless from all liabilities owed thereon.
b. Defendant shall immediately upon entry of a Decree of Absolute Divorce herein, execute
a Quit Claim Deedin favor of the Plaintiff, with Defendant relinquishing all his rights, title,
and, interest in the real property.
7. RETIREMENT ACCOUNTS:The parties have 401K retirement accounts through their respective
employers.
a. Each party shall have a 50% share of the other party’s 401K retirement account.
b. The Court shall appropriately order distribution of the parties’ 50% of their 401K proceeds
to the other appropriate party.
i. The Court shall enter an order outlining how the Court determines the parties’
distribution.
ii. Each party shall cooperate in the filing of a QDRO within 30 days of the entry of
the Decree of Absolute Divorce herein.
8. DEBTS: Each party shall be responsible for any debts incurred by them individually.
a. Defendant shall be responsible for all marital debts and payments thereon, except as
previously ordered as exempted herein.
9. This was not a covenant marriage.
10. Neither party shall cohabitate with a person to whom they are not married in the presence of the
minor children.
11. Neither party shall consume or be under the influence of alcohol, or any other illegal hallucinogenic
substance, or, huff fumes, including Cannabis in the presence of the minor children.
12. Neither party shall make derogatory comments or attempt to turn the children against the other, or
allow a third party, including grandparents, to do the same.
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Family Law
Fall 2015
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13. This Court maintains jurisdiction of the parties and this matter as may be necessary to enforce this
agreement, contract and this order.
14. The parties purpose to the Agreement and Contract herein is that it fully, finally, resolves, settles,
and terminates any and all claims, demands, and, rights of whatever kind between the parties.
15. If for any reason whatsoever any part of this Agreement and Contract be declared void , invalid or
unenforceable by operation of law, determined by a Court of Competent Jurisdiction, only such
part shall be void and the balance of this Agreement and Contract shall in all other respects be held
valid and enforceable.
16. Any wrongful and groundless refusal to comply with and breach this Agreement and Contract by
one party necessitating legal expenses and additional attorney’s fees by the other party shall result
in the wrongful party to pay the other party’s legal expenses and additional attorney’s fees.
17. This Agreement and Contract shall be interpreted and enforced according to the laws of the State
of Arkansas.
18. Eachparty agreesto promptly execute any and all documents required to implement this Agreement
and Contract when called upon to do so by the other party.
IN WITNESS WHEREOF,the parties have hereunto set their hands this _____ day _____of _________,
2015
WENDY JACKSON, Plaintiff MICHAEL JACKSON, Defendant
_____________________________ _____________________________
APPROVED BY: Attorney for Plaintiff APPROVED BY:Attorney for Defendant
___________________________ _____________________________________
Stephen Hawks, Bar # XXXXX ABCDEF GHIJS, Bar # XXXXX
123 North Last Street 123 South East Street
Bentonville, AR 72717 Bentonville, AR 72717
479 – 709- XXXX 479 – 709 - xxxx
9. Terry Evers
Family Law
Fall 2015
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ACKNOWLEDGEMENT
State of Arkansas
SS
County of Benton
BE IT REMEMBERED, that on this day came before me the undersigned Notary Public within
and for the County aforesaid, duly commissioned and acting, WENDY JACKSON,to me known
as the Plaintiff and MICHAEL JACKSON,known to me as Defendant in the foregoing matter,and
stated to me that they executed the same for the consideration and purposes therein mentioned and
set forth.
WITNESS MY HAND and sealas such Notary Public this _____ day of ________,2015.
________________________________
NOTARY PUBLIC
MY COMMISION EXPIRES
_______________________