Negotiating and Drafting Settlement Agreements By Kirk C. Stange *

* Special thanks to Jeff Klaus and Rachel Schafer for helping prepare these materials.

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I. Initial Efforts

Achieving a settlement agreement can be particularly difficult in family law cases.

Often, the parties’ emotions will provide a barrier to an otherwise acceptable property and

custody agreement.

You can, however, increase the chances of settlement by doing your homework. This

means adequate information from the beginning. Your first source of information will be your

client. Be sure to listen to them carefully to identify what issues are most important to him or

her. Then, as your case begins to take shape, probe for additional pieces of legally relevant

information. Once you have exhausted the information your client can provide, consider the

opposing party and perhaps third parties.

On this note, two Rules of Professional Conduct to bear in mind are as follows:

RULE 4-1.4: COMMUNICATION (a) A lawyer shall: (1) keep the client reasonably informed about the status of the matter; (2) promptly comply with reasonable requests for information; and (3) consult with the client about any relevant limitation on the lawyer’s conduct when the lawyer knows the client expects assistance not permitted by the Rules of Professional Conduct or other law.

(b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.

RULE 4-1.3: DILIGENCE A lawyer shall act with reasonable diligence and promptness in representing a client.

While sometimes your client may already know what is important to the other side, use

traditional discovery mechanisms to help determine what the major issues are for the opposing

party. It can be impossible to reach a settlement agreement if you do not know what the issues

are, the sticking points and what is at stake.

The conventional ways to obtain information in divorce proceedings are well known: (1)

Interrogatories; (2) Requests for Production; and (3) Depositions. Typically, interrogatories are

aimed at gathering initial information and facts that the opposing party could not recall without

reference to particular documents. Interrogatories in conjunction with Requests for Production

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then serve to produce the traditional sources of information for a divorce attorney. Staples

include:

(1) Bank Statements;

(2) Individual Tax Returns;

(3) Corporate or Partnership Tax Returns;

(4) Mortgage Statements;

(5) Rental or Lease Agreements; and

(6) Telephone Records.

Now, however, we have a broader array of materials with which we can target these

traditional discovery tools. These new materials can be used for the same purposes. They

include, but are not limited to:

(1) Home and Work Computers;

(2) Cell Phones and Tablets;

(3) Flash Drives and External Hard Drives; and

(4) Cloud Storage/Vendor’s Servers.

Keep in mind discovering all of the information in the world is no guarantee that your

case will settle. However, solid preparation will only increase your chances of success at

settlement or at trial later. It also allows you to better advise your client in terms of what are

reasonable settlement parameters.

II. Opportunities to Settle

A. Pretrial Conferences:

Pretrial or settlement conferences may be scheduled by the judge as a matter of routine,

or a particular judge may only schedule them at the request of the parties. In either event, they

provide for a meeting of the parties prior to trial. The pretrial conference may flush out

procedural, evidentiary, or substantive issues. The realization of these issues and the looming

cost of trial may help encourage both parties to settle.

Indeed, the judge usually requires the parties to be present at the pretrial or settlement

conference. If this is the case, the judge may be able to nudge the parties toward settlement.

Even if the meeting does not result in a complete settlement, it may help narrow the issues

moving forward.

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Consult your local rules because individual circuit courts may have their own local rules

governing pretrial conferences. These rules may relate to the scheduling of the conference, prior

communications, or possible orders granted by the court.

B. Settlement Conferences

Many domestic cases will settle without having to go to trial. There can be many reasons

for this: one party is not ready for trial, one party does not want to go through a trial, or the

parties, apart from emotional discord, may actually agree or be willing to compromise.

It is not a sign of weakness to discuss settlement. Each litigant may simply have their

own timeline. They may need to cool down before they can honestly approach the topic of

settlement. Or, they may need to be confronted with the less appealing prospects of depositions

and trial.

Remember, settlement has tangible benefits. It can certainly reduce legal fees, but also

and perhaps, more importantly, it can allow the parties to reach their own agreement. Parties are

more likely to be happy with, and correspondingly be more likely to honor an agreement that

reflects their own free will. Therefore, it may reduce the need for future litigation. A judicial

solution, while equitable, may not be ideal for either party.

Many of the benefits of settlement particularly apply if there are children involved.

Again, reaching a voluntary agreement allows the parties to tailor custody schedules to their own

needs. Also, it can aid in the emotional healing of children by providing a resolution and a more

ordinary schedule moving forward.

Further, check your local rules pertaining to settlement conferences for timing, the

possibility of mandatory discovery and attendance policies. The judge may also issue a trial date

before or at the conclusion of the settlement conference.

C. Case Management Conferences:

Case management conferences (as they are called in some counties) can also serve as a

settlement opportunity. They provide an early opportunity for the parties to meet together before

the judge. If nothing else they help keep the case organized and moving forward to either

settlement or trial.

D. Written Settlement Proposal/Settlement Meetings

Written settlement proposals can be exchanged at any time. They, like interrogatories,

may help determine if an agreement can be reached now or in the future. Obviously, you need

your client’s direct input and authority when drafting a settlement proposal and it is absolutely

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vital that they review and approve the proposal. Many times, the first settlement proposal will be

quite broad, while subsequent iterations can pin down the details of the agreement.

Informal settlement with the attorneys and the parties can provide a chance to discuss

settlement outside of the view of the judge. Some regard these as less effective than the formal

meetings discussed above, but they may still yield results. Bear in mind that this will not likely

be a quick and easy process. Also, give forethought to issues such as location, facilities, and the

structure of the meeting (will all parties meet in the same room or simply pass proposals through

their attorneys).

Attached below is an example of a Marital Settlement and Separation Agreement. This

Marital Settlement and Separation Agreement is not designed to contain every possibility that is

out there, but rather serves as one example that illustrates many of the issues out there to

consider

III. Alternative Means of Resolving Disputes

A. Making Mediation and Arbitration Work for You

1. Statutes & Court Rules

RSMo § 452.325 – Separation agreements authorized, effect of – order of disposition of

property, when – terms of agreement, how enforced.

1. To promote the amicable settlement of disputes between the parties to a marriage

attendant upon their separation or the dissolution of their marriage, the parties may enter

into a written separation agreement containing provisions for the maintenance of either of

them the disposition of any property owned by either of them, and the custody, support

and visitation of their children.

2. In a proceeding for dissolution of marriage or for legal separation, the terms of the

separation agreement, except terms providing for the custody, support and visitation of

the children, are binding upon the court unless it finds, after considering the economic

circumstances of the parties and any other relevant evidence produced by the parties, on

their own motion or on request of the court, that the separation is unconscionable.

3. If the court finds the separation agreement unconscionable, the court may request

the parties to submit a revised separation agreement or the court may make orders for the

disposition of property, support, and maintenance in accordance with the provisions of

sections 452.330, 452.335 and 452.340.

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4. If the court finds that the separation agreement is not unconscionable as to

support, maintenance and property:

(1) Unless the separation agreement provides to the contrary, its terms shall be set

forth in the decree of dissolution or legal separation and the parties shall be

ordered to perform them; or

(2) If the separation agreement provides that its terms shall not be set forth in the

decree, only those terms concerning child support, custody and visitation shall be

set forth in the decree, and the decree shall state that the court has found the

remaining terms not unconscionable.

5. Terms of the agreement set forth in the decree are enforceable by all remedies

available for the enforcement of a judgment, and the court may punish any party who

willfully violates its decree to the same extent as is provided by law for contempt of the

court in any other suit or proceeding cognizable by the court.

6. Except for terms concerning the support, custody or visitation of the children, the

decree may expressly preclude or limit modification of terms set forth in the decree if the

separation agreement so provides.

RSMo § 487.100 – Mediation, counseling, home study may be recommended.

In any family court case the judge or commissioner may, on the judge's or

commissioner's own motion or, at the request of a party, order or recommend mediation,

counseling or a home study. The costs of such mediation, counseling or home study may be

assessed against any party at any time and may be taxed as court costs paid by the party against

whom costs are taxed or may be paid from the family services and justice fund established

pursuant to § 487.170. The amount assessed for such mediation, counseling, or home study shall

be such amount as the court determines to be reasonable under the circumstances. The party's

ability to pay shall be a consideration when such costs are assessed.

** Note: check to see whether your local judicial circuit requires training, notices to

litigants about the availability of mediation or any programs established under Rule 88.

Missouri Supreme Court Rule 17.01: Alternative Dispute Resolution – Establishment –

Purpose – Definition

(a) Any judge by order or any judicial circuit by local court rule may establish an

alternative dispute resolution program as provided in this Rule 17. It is the purpose of the

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Court through adoption and implementation of this Rule 17 to provide an alternative

mechanism for the resolution of civil disputes, except those subject to Supreme Court

Rules 88.02-88.08, by means of alternative dispute resolution procedures for disposition

before trial of certain civil cases with resultant savings in time and expenses to the

litigants and to the court without sacrificing the quality of justice to be rendered or the

right of the litigants to jury trial in the event that a settlement satisfactory to the parties is

not achieved through alternative dispute resolution.

(b) As used in this Rule 17, alternative dispute resolution programs include, but are not

limited to:

(1) “Arbitration,” a procedure in which neutral persons, typically one person or a

panel of three persons, hears both sides and decides the matter. The arbitrator’s

decision is not binding and simply servers to guide the parties in trying to settle

their lawsuit. An arbitration is typically less formal than a trial, is usually shorter,

and may be conducted in a private setting at a time mutually agreeable to the

parties. The parties, by agreement, select the arbitrator or arbitrators and

determine the rules under which the arbitration will be conducted;

(2) “Early neutral evaluation,” a process designed to bring together parties to

litigation and their counsel in the early pretrial period to present case summaries

and receive a non-binding assessment from an experienced neutral evaluation.

The objective is to promote early and meaningful communication concerning

disputes, enabling parties to plan their cases effectively and assess realistically the

relative strengths and weaknesses of their positions. While this confidential

environment provides an opportunity to negotiate a resolution, immediate

settlement is not the primary purpose of this process;

(3) “Mediation,” a process in which a neutral third party facilitates

communication between the parties to promote settlement. A mediator may not

impose his or her own judgment on the issues for that of the parties;

(4) “Mini-Trial,” a process in which each party and counsel present the case

before a selected representative for each party and a neutral third party, to define

the issues to develop a basis for realistic settlement negotiations. The neutral

third party may issue an advisory opinion regarding the merits of the case.

(5) “Summary jury trial,” is an informal settlement process in which jurors hear

abbreviated case presentations. A judge presides over the hearing, but there are

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no witnesses, and the rules of evidence are relaxed. After the “trial,” the jurors

retire to deliberate and then deliver an advisory verdict. The verdict becomes the

starting point for settlement negotiations among the parties.

(c) Each circuit is encouraged to develop other alternative dispute resolution programs

that will meet the needs of the parties, the circuit and the community.

(d) All alternative dispute resolution processes shall be non-binding unless the parties

enter into a written agreement as provided in Rule 17.06(c). A written agreement shall be

binding to the extent not prohibited by law.

Missouri Supreme Court Rule 88.03: Mediation of Child Custody and Visitation Mediation

Defined.

Mediation under this Rule 88 is the process by which a neutral mediator appointed by the

court, assists the parties in reaching a mutually acceptable agreement as to the issues of child

custody and visitation. The role of the mediator is to assist the parties in identifying the issues,

reducing misunderstanding, clarifying priorities, exploring areas of compromise, and finding

points of agreement. An agreement reached by the parties is to be based on the decisions of the

parties and not the decisions of the mediator. The agreement reached can resolve all or only

some of the disputed issues.

Missouri Supreme Court Rule 88.04: Mediation When Ordered Appointment of Mediator.

(a) The court may order mediation of any contested issue of child custody or visitation, at

any time, upon the motion of a party or the court’s own motion.

(b) No investigation and report will be ordered by the court during the pendency of the

mediation.

(c) If the court orders mediation under Rule 88.04(a), then the mediator shall meet the

minimum qualifications required under Rule 88.05.

(d) The court may appoint a mediator agreed upon. If the parties cannot agree or if the

court does not approve the agreed-upon mediator, the court may select the mediator.

2. Case Law:

Bauer v. Bauer, 28 S.W.3d 877 (Mo. App. E.D. 2000): Trial court’s ordering parties to

go to mediation prior to filing any subsequent pleadings in proceeding to modify dissolution of

marriage decree did not violate the parties’ constitutional right to access the courts, given the rule

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allowing trial court to order mediation of any contested issue of child custody or visitation

provided for termination of mediation at any time after two hours.

Brown v. Brown, 19 S.W.3d 717 (Mo. App. W.D. 2000): Termination of mediation

provision in prior child custody decree was proper, given that mediation had not been an

effective method for resolving parties’ disputes and given that the statute which stated the joint

custody plan may include provisions for mediation of disputes in all cases did not require any

provision for mediation of disputes.

3. Weighing Your Options – When is alternative dispute resolution

appropriate?

Advantages: Parties can participate in alternative dispute resolution prior to filing. This

allows both sides to ascertain the strengths and weaknesses of their positions. Especially in the

context of dissolution where child custody and support are at issue, alternative dispute

resolutions may help the parties to avoid increased animosity that sometimes results in court

proceedings. Participating in mediation or arbitration may result in the parties forgoing

proceedings in a formal court setting altogether. A skilled mediator may be able to suggest

alternatives and achieve a settlement when it was otherwise thought impossible. The financial

costs to the parties may also be reduced if they are able to reach a settlement. Overall, the parties

involved in the alternative dispute resolution have more control over the pace and nature of their

issues than they might be afforded in the court system.

Disadvantages: As outlined in Rule 17, the agreements reached by the parties may not

always be binding. Therefore, the parties may expend a great deal of time and resources and still

walk away without their issues settled. Because the parties are allowed to dictate the pace at

which these resolutions go on, it could be a lengthy amount of time before a final decision is

reached. Additionally, if the parties are so far apart in their settlement goals, alternative dispute

resolution may not be fruitful. There are also concerns as to whether parties who are on lesser

ground as far as finances, education or sophistication will be more easily manipulated into unfair

settlements than if the parties participated in formal court proceedings.

Prepare you client: Before your client enters into mediation or arbitration let them

know what to expect. While a good mediator will explain his or her own ground rules, it is a

good idea to educate your client prior to arrival. Make sure in the case of mediation that they

understand they do not have to agree to everything or anything.

4. Collaborative Family Law:

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Collaborative Family Law is a growing way to provide alternative dispute resolution to

parties. Collaborative Family Law provides a diverse group of independent professionals,

including attorneys, financial advisors, and mental health professionals, who can help work

together to try and resolve a case. Co-parenting professionals can also be on hand to deal with

the emotional and practical aspects of custody and shared parenting. In St. Louis, there is an

organization called the St. Louis Collaborative Family Law Association that can provide you

more information about services. The advantages and disadvantages to collaborative family law

are roughly the same as mediation.

IV. Negotiating a Reasonable and Equitable Settlement

The vast majority of clients who hire an attorney in a family law matter would like to

avoid an emotionally and financially expensive trial. This is an understandable goal that is easy

to relate to. It is not an enjoyable experience to have to testify in court, nor see family members

and loved ones testify. Most parties would also prefer not to spend hard-earned money on

litigation.

The big dilemma is how does a client best achieve the objective of resolving a case short

of trial? Many attorneys take different approaches in terms of how to negotiate a reasonable and

equitable settlement. In some cases, the parties can come to you with an agreement out of the

gates. In other cases, the parties are very close to a settlement from the beginning. This is where

mediation or collaborative law can be particularly helpful.

In cases that cannot be successfully resolved or mediated from the beginning, there are

diverging views. But generally speaking, in contentious cases where parties do not view the

situation similarly, my view is that “peace through strength” is usually the best way to get a

client to their goal of a reasonable settlement in a family law matter.

This means that the client allows the attorney to issue discovery such as interrogatories or

requests for production. Where other documents or evidence are needed to put forth the best

case, this also means allowing an attorney to subpoena necessary documents and

witnesses. Where expert testimony is needed to make the best case, (like an appraiser, forensic

accountant, psychologist, etc.), then these individuals need to be retained early in the process.

By doing this, the opposing party to a case often realizes that settling is the best bet

because you are prepared for a trial. While it might cost some money for a client on the front

end, this can often grease the wheels in the settlement process — and get the other side to come

off unreasonable positions — because they will worry that you are prepared. Getting

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information through discovery is also part of the "due diligence" that is required and can actually

help the settlement process in many cases.

In terms of custody, a guardian ad litem can also be important to settling the case. The

guardian ad litem is an attorney appointed to represent a child in a custody dispute. The guardian

ad litem, after doing an investigation, can often times help resolve a custody case.

452.423. Guardian ad litem appointed, when, duties--disqualification, when--fees

1. In all proceedings for child custody or for dissolution of marriage or legal separation

where custody, visitation, or support of a child is a contested issue, the court may appoint

a guardian ad litem. Disqualification of a guardian ad litem shall be ordered in any legal

proceeding only pursuant to this chapter, upon the filing of a written application by any

party within ten days of appointment, or within ten days of August 28, 1998, if the

appointment occurs prior to August 28, 1998. Each party shall be entitled to one

disqualification of a guardian ad litem appointed under this subsection in each

proceeding, except a party may be entitled to additional disqualifications of a guardian ad

litem for good cause shown.

2. The court shall appoint a guardian ad litem in any proceeding in which child abuse or

neglect is alleged.

3. The guardian ad litem shall:

(1) Be the legal representative of the child at the hearing, and may examine, cross-

examine, subpoena witnesses and offer testimony;

(2) Prior to the hearing, conduct all necessary interviews with persons having

contact with or knowledge of the child in order to ascertain the child's wishes,

feelings, attachments and attitudes. If appropriate, the child should be

interviewed;

(3) Request the juvenile officer to cause a petition to be filed in the juvenile

division of the circuit court if the guardian ad litem believes the child alleged to

be abused or neglected is in danger.

4. The appointing judge shall require the guardian ad litem to faithfully discharge such

guardian ad litem's duties, and upon failure to do so shall discharge such guardian ad

litem and appoint another. The judge in making appointments pursuant to this section

shall give preference to persons who served as guardian ad litem for the child in the

earlier proceeding, unless there is a reason on the record for not giving such preference.

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5. The guardian ad litem shall be awarded a reasonable fee for such services to be set by

the court. The court, in its discretion, may:

(1) Issue a direct payment order to the parties. If a party fails to comply with the

court's direct payment order, the court may find such party to be in contempt of

court; or

(2) Award such fees as a judgment to be paid by any party to the proceedings or

from public funds. Such an award of guardian fees shall constitute a final

judgment in favor of the guardian ad litem. Such final judgment shall be

enforceable against the parties in accordance with chapter 513.

V. Settlement Considerations In preparing for settlement, it is very important to create a checklist of possible concerns.

Also, because a common, major common issue in settlement is the disposition of debts and

assets, it can be a good idea to create an excel spreadsheet with all assets and liabilities listed.

This can enable you to quickly realize financial impact of a proposed agreement.

Of course, though, there can be consequences to these decisions that reach far beyond the

dollars and cents immediately presented on a worksheet. That is one reason to be particularly

cautious with courthouse settlements. True, you want to reach an agreement when a deal can be

struck, but be wary of hidden agendas and the long term consequences brought about by a heat of

the moment deal. Additionally, you do not want your client to feel as if they were pressured into

a deal. This will lead to later dissatisfaction and make litigation more likely in the future.

Also, just because an agreement is oral does not mean they will not be bound by it. In

Baldridge v. Lacks, 883 S.W.2d 947 (Mo. App. E.D. 1994), an oral settlement agreement was

dictated into the record. While the case was later overruled on other grounds, the wife was

bound by an agreement that potentially gave her far less than what her share of the marital estate

purportedly was worth.

On that note, it is always wise to follow up with a written agreement. Keeping an oral

agreement tentative leaves open the possibility that a key issue accidentally left out can be

subsequently addressed. While it is always possible the opposing party may later refuse to sign

the agreement, if you are prepared for trial, you will not be afraid of litigating the issue.

Much like any pre-nuptial or post-nuptial agreement there should be a full disclosure of

the assets in making a settlement agreement. On its face, partial disclosure by one spouse does

not necessarily invalidate an agreement; however, it does prohibit your client from making an

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informed decision. To that effect, be wary of concealment by the other party and protect

yourself from any claim of malpractice through due diligence.

Additionally, be sure your client has an understanding of basic concepts like marital

property. The need for full disclosure operates both ways. Do not count on the ability to open

up a judgment because you missed something. While agreements concerning custody, visitation,

and child support are not binding on a court, other financial arrangements will only disturbed if

unconscionable. An unintentional misunderstanding about the character of a large asset could

damage the value of your client’s settlement.

VI. Drafting the Settlement Agreement Typically, you can start with a form agreement (from the Missouri Practice or someplace

reputable) and then make necessary adjustments based on the case and the county. It is vital

though that you understand the meanings of these clauses. The agreement that you ultimately

draft will become a contract that will bind the parties for many years to come. Understanding the

language of the agreement will help you anticipate the agreement’s worth and workability for

your client in the future. Moreover, a working knowledge of the agreement’s clauses will signal

you when you need to deviate from the form language. As previously mentioned, separation

agreements are governed by RSMo 452.325.

The terms of an agreement concerning spousal maintenance, custody, visitation, and

support for minor children are always reviewed by the court. Correspondingly, terms of the

separation agreement governing these issues are also set forth in the Judgment of Dissolution of

Marriage unless the agreement specifically provides otherwise.

The settlement agreement may be incorporated by reference or by being spelled out in the

Judgment. More often, it is incorporated by reference due to the volume of pages in the

settlement agreement. If the agreement is not incorporated in the Judgment terms regarding

custody, visitation, and child support must be in the judgment along with a finding that the

remainder of the agreement is not unconscionable. Further, if the agreement is not incorporated

enforcement must be sought through a separate action to enforce a contract, while an agreement

that is incorporated may be enforced through a finding of contempt. Most often, the settlement

agreement is incorporated into the judgment and this is safe practice.

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A. Specific Provisions in a Settlement Agreement (sample agreement)

IN THE CIRCUIT COURT OF THE TWENTY-THIRD JUDICIAL CIRCUIT OF MISSOURI AT HILLSBORO, JEFFERSON COUNTY, MISSOURI

In Re the Marriage of: ) JOHN DOE ) SS# XXX-XX-XXXX ) ) Husband, ) ) and ) Cause No. ) JANE DOE ) Division No. SS# XXX-XX-XXXX ) ) Wife. ) )

MARITAL SETTLEMENT AND SEPARATION AGREEMENT

This Agreement is made this _____ day of _________________, 2014, by and between

John Doe, Husband ("Husband"), and Jane Doe, Wife ("Wife").

WHEREAS: Husband and Wife were married on December 25, 2000 in St. Louis

Missouri, and separated on or about January 2014; and

WHEREAS: Two minor children were born of the marriage to wit: Billy Doe, age 8;

and Bobby Doe, age 6; and

WHEREAS: There is pending in this Court a Petition for Dissolution of Marriage; and

WHEREAS: The parties desire to enter into this Agreement in consideration of the

mutual covenants contained herein, and subject to a determination that is not unconscionable.

Explanation: This section sets forth the basic biographical information of the parties.

IT IS THEREFORE AGREED AS FOLLOWS:

1. The parties have reached this Agreement through negotiation and consultation

with their respective attorneys in order to obtain a settlement they consider fair and reasonable

for themselves.

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Explanation: This provision sets forth the proposition that both parties have been advised

of their rights, received competent disclosures, and with the advice of counsel gave their

willing consent to the subsequent agreement.

2. The parties represent that they have fully disclosed to each other all marital and

separate property held by each of them and all other matters relevant and material to their

financial condition. They have disclosed to and received from each other at least the following

information or documents: their respective property statements, income and expenses

statements. Both parties have had the opportunity to seek whatever professional consultation and

advice with accountants, attorneys, or other experts either deemed appropriate to make informed

decisions. Each party expressly represents to the other that he has relied upon the representation

of full and complete disclosure of the other in entering into this Agreement.

Explanation: A more specific account of the general proposition is listed above. For an

agreement to withstand a challenge, specificity can be crucial.

3. All of the stipulations, conditions and agreements hereinafter contained are

contingent upon the Circuit Court of Jefferson County, Missouri, entering a Judgment and

Decree dissolving the marriage of the parties herein upon a proper hearing of this case, and are

contingent upon the Court's determination that this agreement is not unconscionable. The Parties

agree that the provisions of this Agreement shall be incorporated into the Court's Judgment and

Decree.

Explanation: This sets forth two propositions: First, that the agreement is presumptively

valid as not unconscionable under the RSMo 452.325. Additionally, it specifically

incorporates the agreement into the Court’s decree.

4. Real Property: The Real Property located at 700 Clark Avenue, St. Louis,

Missouri 63XXX shall be awarded to the Wife as her sole and separate property, subject to any

notes, liens, or encumbrances thereon, and Wife shall hold Husband harmless therefrom. Wife

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shall, no later than two years from the date of Decree, refinance any mortgages on said property

to remove Husband’s name therefrom, at which time Husband shall execute a quit claim deed

therefor. If Wife is not able to refinance within two years from the date of Decree, said property

shall be sold and Wife shall receive 100% of any net proceeds from said sale, or be responsible

for 100% of any deficiency after sale. From the date of Decree forward, Wife shall be solely

liable for all expenses related to the Real Property including, but not limited to, taxes, insurance,

utilities, maintenance, and repairs. Should the property be sold or refinanced, Husband's name is

to be removed from the title or any mortgage and Husband shall cooperate fully. A legal

description is attached and incorporated hereto as Exhibit 1a.

Explanation: As part of a full disclosure, real property needs to be disclosed. Often, it can

be one of the largest assets or debts subject to division. Again, a detailed description of the

property and a detailed plan for any sale or debt distribution is crucial. Note this passage

describes the property, how it will be distributed, when it will be distributed, and even

provides for contingencies.

5. Pontiac Bonneville: Husband shall be awarded as his separate property the 2012

Pontiac Bonneville SSE, VIN #XXXXXXXXXXXXXXXXX, and all personal property

currently in his possession, subject to any notes, liens or encumbrances, thereon, and shall hold

Wife harmless thereon. The parties shall execute a gift affidavit, if necessary, to transfer title to

Husband.

6. Chevy Suburban: Wife shall be awarded as her separate property the 2012 Chevy

Suburban, VIN #XXXXXXXXXXXXXXXXX, and all personal property currently in her

possession, subject to any notes, liens or encumbrances, thereon, and shall hold Husband

harmless thereon. The parties shall execute a gift affidavit, if necessary, to transfer title to Wife.

Explanation: Clauses 5 and 6 provide a function similar to Clause 4, but instead of

focusing on real property they focus on significant items of personal property. Like real

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estate, often, vehicles and other significant items of personal property can be jointly titled

so a clear plan post separation is essential.

7. Retirement, Investment Account and Stocks: The parties shall each be awarded

fifty percent (50%) of the marital portion of any stock, 401k, pension or any other retirement

account in Husband’s name from the date of marriage to the date of divorce as more specifically

set forth below:

A. Husband’s 401K Savings Plan. The parties shall each be awarded 50% of the

marital portion of the husband’s 401K Savings Plan from the date of marriage to the date of

divorce, with an approximate balance of One Hundred Thousand and 0/100 ($100,000) as of

January 14, 2014 which shall be divided pursuant to a Qualified Domestic Relations Order, if

necessary, or any other necessary documents. Husband warrants that no withdrawals or loans

have been taken against this savings plan since January 14, 2014 when a last statement was

provided to Wife.

B. Husband’s Pension. The parties shall each be awarded 50% of the marital portion

of husband’s pension, XYZ Retirement Plan, with his employer from the date of marriage to the

date of divorce, as well as any pension he has through the ZYX Negotiated Pension Fund, both

of which shall be divided pursuant to a Qualified Domestic Relations Order, if necessary, or any

other necessary documents.

C. Stocks: The parties shall be awarded 50% of the marital portion of Husband's

stock and stock options through XYZ as of the date of divorce. The parties shall execute any

necessary documents to effectuate this clause.

D. The division of said plans above-referenced in 7 (a) - (c) shall be completed by

the entry of a Qualified Domestic Relations Order (hereinafter “QDRO”), if necessary, or any

other necessary documents, and each party, as applicable, shall execute said order, assignment or

other instruction to the administrator of the plan so that the plan administrator can make

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payments directly to the other party. The party receiving benefits from the other party's

retirement plan shall have the right to be designated as the surviving spouse with respect to

benefits awarded, as allowed by the plan. Wife’s attorney shall prepare the QDROs or any

necessary documents to effectuate the divisions in this paragraph 7 and subparts. Husband shall

cooperate fully in executing QDROs to effectuate this clause. Wife has no retirement accounts

in her name. If Husband has any retirement accounts, investment accounts, savings accounts,

401ks, IRAs or stock options in addition to what is above-referenced during the marriage, Wife

shall be entitled to a fifty-percent (50%) interest from the date of marriage to the date of divorce.

Explanation: Collectively Clause 7 and its subparts set forth a distribution plan for all

retirement accounts. The provision here calls for a 50% split of all retirement assets, but

other arrangements can easily be made. Also, it is important to list all accounts here. If it

is later discovered that significant assets were concealed from the opposing party, it can be

one of the more likely ways an otherwise valid agreement can be found unconscionable.

Furthermore, the provision specifically set forth the mechanism for dividing these

accounts, a Qualified Domestic Relations Order. It also makes clear who is responsible for

drafting such orders. And, finally, the final sentence operates as a "catch all" ensuring

that even if assets were concealed or forgotten about, upon their later discovery, they are

still subject to division.

8. Personal Property. The parties agree to the following division of their personal

property, which includes both marital and separate property:

A. Husband hereby releases and quitclaims to Wife all of his right, title and interest

in and to the following, which are awarded to Wife: All of Wife's clothing, jewelry, sporting

goods, personal effects and other personal property now in his possession.

B. Wife hereby releases and quitclaims to Husband all of his right, title and interest

in and to the following, which are awarded to Husband: All of Husband's clothing, jewelry,

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sporting goods, personal effects and other personal property now in her possession.

C. The parties agree that they engaged in rigorous negotiations regarding personal

property and that they each have in their possession as of the date of judgment the items of

personal property that they will retain.

Explanation: Clause 8 disposes of common personal property items other than vehicles.

Here, each party can list what particular items are important and lay claim to them.

Again, it is better to error on the side of specificity. Moreover, the clause reiterates that

both parties have thoroughly discussed the issue, and as a way of creating a bright line, it

states that each party already has their claimed possessions in hand.

9. Debts: Each party agrees to be responsible for any debt in their individual names

acquired before or following separation and hold the other harmless therefrom. Husband and

Wife hereby also agree to indemnify and hold harmless the other and to defend him or her from

and against all claims and liabilities and will reimburse the other for any and all expenses made

or incurred by the other, either directly or indirectly, including a reasonable attorney's fee, as a

result of his or her failure to timely pay or otherwise satisfy the specific debts and liabilities

assumed by each in this agreement.

A. Each of the parties warrants to the other that he or she has not incurred any

obligation that has not been disclosed to the other, and set out in this Agreement, which is

either an obligation on or which the other party is or may become personally liable, or an

obligation that could be enforced at any time against an asset held, or to be received

under this Agreement, by the other party. Each party covenants not to incur any such

obligation on or after the execution of this Agreement, except as specifically agreed to by

both parties. Unless specifically agreed to by both parties in writing, from and after

signing this Agreement, each party will be solely liable for the debts acquired by him or

her. In case of a breach of this provision, each shall hold the other harmless from any

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liability incurred as a result of the non-disclosed obligation, including attorney’s fees and

costs.

B. Husband shall be solely obligated for the ABC Credit card and hold

Wife harmless therefrom. All debt incurred by Husband and not disclosed herein shall

be the responsibility of Husband.

C. Wife shall be solely obligated for the ABC Preferred credit card and the

CBA Bank credit card, and shall hold Husband harmless therefrom. All debt incurred by

Wife and not disclosed herein shall be the responsibility of Wife.

Explanation: Clause 9 and subparagraph A generically deal with the disposition of debts.

Clause 9 is meant to sever the joint and several liability that may have existed on certain

marital debts. Generally, each agrees to be solely responsible for their own individual

debts as to particular items listed in subparagraphs B and C. Subparagraph A also sets

forth that neither will incur any debt moving forward for which both would be liable and

sets forth again the remedy that only the party incurring the debt will be liable for a breach

of this agreement. Subparagraphs B and C specifically allocate particular sources of credit

for which each will now be solely responsible.

10. Bank Accounts: The parties shall split fifty-fifty any funds remaining in their joint

bank accounts at the time of divorce. The parties also maintain custodial accounts for the

children. Both Husband and Wife shall remain on these accounts and have access to statements,

but Husband's address will be listed on the statements.

Explanation: This provision is straightforward in that all remaining funds in marital bank

accounts will be split 50/50. Again, the division of funds could easily be tailored to split

needs of the parties. Further, note that this provision specifically sets forth the governance

of banking accounts taken out in the names of the parties’ children.

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11. Maintenance: Husband shall pay seven hundred dollars ($700) per month to Wife

as and for non-modifiable, contractual maintenance for forty two (42) months beginning

November 1, 2014. Husband shall be allowed to deduct said sum on his taxes and Mother shall

claim said sum on her taxes as income.

OR

Husband shall pay to Wife seven hundred dollars ($700) per month modifiable

maintenance to Wife terminable upon death or remarriage or modifiable upon a change of

circumstance of a substantial or continuing nature.

Explanation: This provision addresses spousal maintenance. While it can and should be

addressed in a separation agreement it is subject to the review of the court in its Dissolution

decree. Clause 11 also lists the tax ramifications of the maintenance award. The first

option is for contractual maintenance with a set ending date. The second option is for

modifiable maintenance that is indefinite. Of course, there are other potential ways to

address maintenance as well besides these two options.

12. Child Custody/Dependency Exemptions. Husband and Wife shall have joint legal

custody of the minor children, with Wife being the residential parent for school and mailing

purposes, pursuant to the Parenting Plan filed contemporaneously herein. Father shall claim both

children in 2014. Starting in 2015, Mother shall be entitled to claim one child as her dependents

on her respective Federal and State Income Tax Returns and to claim the accompanying

deduction and tax credits for said minor child. Father shall be entitled to claim one child as his

dependents on his respective Federal and State Income Tax Returns and to claim the

accompanying deduction and tax credits for said minor child, beginning with the 2015 tax year.

When there is only one child that can be claimed on the taxes, the parties shall alternate the

dependency exemption with Mother claiming the minor child on even years and Father on odd

years. Father and Mother shall, not later than January 31st each year, execute and deliver to the

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other all necessary waivers and other documents necessary to accomplish the purpose of this

provision, including, but not limited to I.R.S. Form 8332.

Explanation: This provision sets out the child custody arrangements and the associated tax

deductions. The custody provisions are of course reviewable by the court in its Dissolution

Judgment. The provision goes on to specifically state who will be able to claim the children

as dependents and in what years they may do so. It also requires each party to provide the

necessary documentation in a timely manner. Of course, this is just one sample listed

above and the tax deductions could be handled various different ways, but make the sure

the language requiring I.R.S. Form 8332 to be completed is in your agreements.

13. Child Support. Child support shall be paid as set forth in the Judgment.

Explanation: This provision sets forth that the child support will be determined by the

court.

14. Attorney's Fees and Court Costs: Each party shall pay their respective attorney’s

fees. Court costs shall be taxed against the deposit.

Explanation: Clause 14 explains that each party will be responsible for their own

attorney’s fees. Again, this can easily be tailored to meet the interests of the parties.

15. Taxes: The parties shall file joint state and federal taxes for 2014, if possible, and

split fifty-fifty (50-50) any refund. Thereafter, the parties shall file separate taxes. If the parties

cannot file jointly, after consulting with tax professionals, the parties shall file separately and,

likewise, any refund will be split as above-referenced in this clause for tax year 2014.

Explanation: Clause 15 states that the parties will file a joint return in the year of

dissolution, but moving forward each will file their own separate tax return. Also, the

provision details the disposition of this year’s tax refund and specifies who and how

personal property taxes will be paid for the year of dissolution.

16. No Modification by Court. Regarding property and debt, the Parties

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acknowledge, warrant and confirm each to the other that their contractual relationship as

evidenced under this Agreement shall not be subject to amendment or alteration by the Circuit

Court of Jefferson County, Missouri or by any other court or tribunal at any time, for any reason,

including, but not limited to, future change of conditions of either party; the remarriage of either

party; the increase or decrease of the net worth, assets, income or affluence of either party; the

dependence of others, including other spouses, children or grandchildren, upon either party; the

change in the economy or increased or diminished need of the Parties regardless of cause thereof

except as otherwise provided by Missouri law.

Explanation: Clause 16 specifies that all issues, namely property distribution, outside of

those topics mandatorily reviewed by the court in its Dissolution Judgment will not be

subject to review. This section also makes clear that subsequent events will not influence

the distributions set forth in this agreement. In essence, it is a binding contract.

17. Modification by Agreement. The terms, covenants, obligations and agreements

expressed in this instrument and the rights, duties, obligation and benefits accruing under it shall

not in the future be amended, modified, altered or changed, extinguished, released, varied or

otherwise affected by any oral understanding or agreement, communication, act, conduct or

statement of either party or both Parties to this Agreement except such as may be evidenced by a

written instrument mutually agreed upon by both Parties and executed and signed by both

Parties.

Explanation: While provision 16 sets forth that the contract may not be unilaterally

changed, provision 17 allows for flexibility and the alteration of this agreement upon

mutual written consent.

18. Mutual Releases. Subject to the provisions of this Agreement, each party has

remised, released and forever discharged and, by these presents, does himself and herself and his

or her heirs, legal representatives, executors, administrators and assigns remise, release and

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forever discharge the other of and from all cause or causes of action, claims, rights or demands

whatsoever in law or in equity, which either party hereto ever had or now has against the other,

except any and all cause or causes of action for dissolution of marriage or rights arising from this

agreement or subsequent Court Order.

Explanation: This is a blanket release of liability from any other actions which may have

been brought by the opposing party.

19. After-Discovered Property. Any property of a party or of the parties not

considered or divided by this Agreement shall be property of both of the parties as tenants in

common. Upon the discovery of any such property by either of them at any time, the

discovering party shall have the affirmative duty to promptly notify the other party of the

property discovered. That property shall be divided by negotiation. If such division cannot be

agreed upon within sixty (60) days after the existence of the property becomes known to both

parties, the property shall be liquidated promptly and the proceeds divided one-half to each party.

Explanation: This section provides for the eventuality that future property is discovered.

It sets forth a duty to notify the other party and provides a methodology for its

distribution.

20. Live Separately and Apart. The parties hereby agree that they shall live

separately and apart and that neither shall not harass the other or make any attempt to control the

other's life or to act in any way as if either were married to the other.

Explanation: Again, this is straightforward, but each party agrees to move forward in

their adult lives by living apart and respecting each other’s mutual independence.

21. Each party shall, at any time and from time to time hereafter, take any and all

steps to execute, acknowledge and deliver to the other any and all instruments and assurances

that the other party may reasonably require or find convenient, expedient or businesslike for the

purpose of giving full force and effect to the provisions of this Agreement.

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Explanation: This sets forth an agreement to comply with the provisions of this agreement

in good faith. Each party will act prudently and not attempt to damage the other’s

interests through tactics such as withholding or delaying the transfer of information or

necessary documentation.

22. Each of the parties hereby affirms that they each are entering into this Agreement

freely and voluntarily; that they have ascertained and weighed all the facts and circumstances

likely to influence his or her judgment herein; that they have given due consideration to such

provisions in question; and that they clearly understand and assent to all the provisions hereof.

The parties further warrant that they have each disclosed to the other the full extent of their

respective properties and income, and each acknowledges that the other has relied on this

representation of full disclosure in entering into the terms of this agreement. Each party

acknowledges that, in the negotiations and finalization of this Agreement and acts and

transactions referred to herein, each has made an independent investigation concerning the

nature, extent and value of the real and personal property of the parties and that the provisions

hereof are just, equitable and not unconscionable, and merit the approval and confirmation of any

Court called to adjudge rights and relations.

Explanation: This is a reaffirmation that the parties voluntarily reached this agreement.

Essentially, it was a contract reached through the negotiation of two parties dealing at

arms-length. Further, it specifies that each party provided full disclosures such that each

could make an informed decision with respect to their individual rights in dissolution.

23. The parties acknowledge that they have been advised of the availability of

discovery methods such as subpoenas to third parties, interrogatories, requests for production,

depositions, and valuation of assets by experts and that they have been advised to pursue such

discovery, but have voluntarily declined to do so after discussing the same with their respective

counsel.

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Explanation: This provision protects the attorneys as much as it does the parties. This

provision sets forth that each party was advised of their rights to conduct a full discovery

by use of traditional information gathering mechanism, but knowingly and voluntarily

each chose to enter into this agreement.

24. The validity and construction of this Agreement shall be determined in

accordance with the laws of the State of Missouri.

Explanation: Clause 24 states that the law governing this agreement, both contract and

matrimonial, is that of the State of Missouri.

IN WITNESS WHEREOF, the parties hereto set their hands, having read and fully

understanding the provisions hereto, the day and year first above written. A photostatic copy of

this fully executed and acknowledged document shall be considered as effective and valid as the

original.

_____________________________ _________________________

John Doe Jane Doe

STATE OF MISSOURI ) )SS. COUNTY OF JEFFERSON ) On this ___________day of ___________________, 2014, before me personally appeared John Doe to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the _________________ and State aforesaid, the day and year first above written. ___________________________ Notary Public My Commission expires:

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STATE OF MISSOURI ) )SS. COUNTY OF ) On this ___________day of ___________________, 2014, before me personally appeared Jane Doe to me known to be the person described in and who executed the foregoing instrument, and acknowledged that she executed the same as her free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the _________________ and State aforesaid, the day and year first above written. ___________________________ Notary Public My Commission expires:

REST OF PAGE LEFT INTENTIONALLY BLANK

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B. Sample Judgment and Decree of Dissolution

IN THE FAMILY COURT OF THE COUNTY OF JEFFERSON

STATE OF MISSOURI In re Marriage of: ) ) JOHN DOE, ) SSN: xxx-xx-xxxx ) ) Petitioner, ) Cause No. ) ) and ) Div. ) JANE DOE, ) SSN: xxx-xx-xxxx ) ) Respondent . )

JUDGMENT AND DECREE OF DISSOLUTION OF MARRIAGE

Now on this _____ day of day of _________, 2014, comes now Respondent Jane Doe, in

person and by her attorney, AAA attorney, and the Petitioner John Doe, in person and by his

attorney, BBB. This cause coming on regularly to be heard and being called and the parties that they

have entered into a written Martial Settlement and Separation Agreement and Parenting Plan, which

are attached hereto and incorporated herein fully as Exhibits 1 and 2.

THEREUPON, the cause is submitted to the Court by Affidavit. Upon the pleadings and

proof, the Court, after hearing the evidence, finds that the parties have been residents of this State

for more than ninety days immediately preceding the commencement of this proceeding, that more

than thirty days have passed since the filing of this action, and that the parties have voluntarily

consented to the hearing of said cause at any time convenient to the Court. The Court finds that

both parties currently reside in Jefferson County, Missouri, thereby providing the Court with

jurisdiction over the subject matter and the parties. That the Petitioner’s Social Security number is

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XXX-XX-XXXX and he is employed by XYZ, Inc.; Respondent’s Social Security number is

XXX-XX-XXXX and she is unemployed.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the marriage of

JOHN DOE and JANE DOE is dissolved. The Court further orders the following:

1.) The terms of the Marriage Settlement and Separation Agreement shall be performed

by the parties as set forth herein.

2.) The Court finds that there remains no reasonable likelihood that the marriage can be

preserved and, therefore, the marriage of the parties is irretrievably broken. The Court further finds

that to the extent is has jurisdiction, the Court has considered provisions for child custody, support

of any child entitled to support, maintenance of either party, and the disposition of property as

provided by law. The Court finds that neither the Petitioner nor the Respondent is a member of the

Armed Forces of the United States.

3.) The Court finds that there were two (2) minor children born of the parties’

marriage, to wit: Billy Doe, aged eight (8) years and Bobby Doe, aged six (6) years; and that the

Respondent is not now pregnant;

4.) The Court further finds that the parties’ written Marriage Settlement and Separation

Agreement, Exhibit 1, which provides that all of its terms be incorporated into the Decree of

Dissolution of Marriage by reference herein, and which is attached hereto and made a part hereof, is

not unconscionable; further, that said Marriage Settlement and Separation Agreement provides for a

full and final disposition of all marital property and provides that Respondent party shall receive

maintenance from the Petitioner.

5.) The Court further finds that the parties’ Parenting Plan, Petitioner’s Exhibit 2, which

provides that all of its terms be incorporated into the Judgment and Decree of Dissolution of

Marriage by reference herein, and which is attached hereto and made a part hereof, is in the best

interests of the children.

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6.) The presumed child support amount for two children is $921 per month for two

children as set forth in Exhibit 3, which is attached and incorporated herein fully. The Court further

finds that Respondent shall pay child support to Petitioner for the two minor children in the amount

of $921.00 per month. When there is only one minor child, child support for one child shall be

$636.00 per month.

7.) It is further ordered and adjudged that Respondent shall receive contractual, non-

modifiable maintenance from Petitioner in the amount of seven hundred ($700.00) per month

starting November 1, 2014 and continuing for forty two (42) months. OR Husband shall pay to

Wife seven hundred dollars ($700) per month modifiable maintenance to Wife terminable upon

death or remarriage or modifiable upon a change of circumstance of a substantial or continuing

nature.

8.) It is further ordered, adjudged, and decreed that the Petitioner and the Respondent

shall execute all deeds, titles, endorsements, assignments, or such other documents as may be

necessary to effectuate the division and transfer of the property and debt as agreed to and affirmed

by this order.

9.) Each party shall pay any remaining attorney’s fees owed to their attorney, and court

costs are to be paid from the amount on deposit.

10.) It is further ordered that, absent exigent circumstances as determined by a court with

jurisdiction, you, as a party to this action, are hereby ordered to notify, in writing by certified mail,

return receipt requested, and at least sixty (60) days prior to the proposed relocation, each party to

this action of the proposed relocation of the principle residence of the children, including the

following information:

(a) The intended new residence, including specific address and mailing address, if

known, and if not known, the city and state;

(b) The date of the intended move or proposed relocation;

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(c) The home telephone number of the new residence, if known;

(d) A brief statement of the specific reasons for the proposed relocation of the

children; and

(e) A proposal for a revised schedule of custody and visitation with the children.

Your obligation to provide this information to each party continues as long as you or any other

party, by virtue of this order is entitled to custody of a child covered by this order. Your failure to

obey the order of this court regarding the proposed relocation may result in further litigation to

enforce such order, including contempt of court. In addition, your failure to notify a party of

relocation of the children may be considered in a proceeding to modify child custody or visitation

with the child. Reasonable costs and attorney fees may be assessed against you if you fail to give

the required notice.

IT IS SO ORDERED this _____ day of ______________, 2014.

Associate Circuit Judge, the Honorable __________

_______________________________ ______________________________ John Doe, Petitioner Jane Doe, Respondent Approved as to Form and Content: _______________________________________ ___________, Attorney for Respondent ___________________________________________ ___________, Attorney for Petitioner

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C. Sample Parenting Plan

IN THE FAMILY COURT OF THE COUNTY OF JEFFERSON STATE OF MISSOURI

In re Marriage of: ) ) JOHN DOE, ) SSN: xxx-xx-xxxx ) ) Petitioner, ) Cause No. ) ) and ) Div. ) JANE DOE, ) SSN: xxx-xx-xxx ) ) Respondent . )

RESPONDENT’S PROPOSED PARENTING PLAN Physical Custody/Visitation

1. Physical Custody and Visitation: CUSTODY, VISITATION AND RESIDENTIAL TIME FOR EACH CHILDREN WITH EACH PARENT SHALL BE AT SUCH TIMES AS THE PARTIES SHALL AGREE. The parties shall have joint legal and physical custody with Mother being the residential parent for school and mailing purposes. In the event that the parties cannot agree, Father shall have visitation as set forth below in sub-paragraphs “A”, “B”, “C” and “D,” Mother having all other time as her custody, visitation or residential time.

A. Weekend: Every other weekend beginning at 10:00 a.m. on Saturday and ending on 8:15 a.m. on Monday at school during the school year, or whatever time school begins, beginning the weekend following the date of the judgment.

B. Weekday: Every third Monday overnight 3:15 p.m., or when school lets out, until the start of school the following day when Father will bring the children to school.

C. Summer: Father shall have exclusive custody for two non-consecutive weeks in the summer. The summer vacation shall begin on the Sunday following the release from school and end on the Sunday preceding the commencement of school. Father shall also have one additional week exclusive time during the non-summer months each calendar year and the parties shall agree on this week.

Father may select his vacation period by notifying Mother of same (each notification

herein to be in writing) by April1st each year. Summer break shall prevail over weekend and night visitation. Special and Holiday

schedule shall prevail over the summer schedule.

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Father shall also have any additional times in which the parties can mutually agree. C. Holidays and Special Days: 1. Holidays and special days, as specified hereinafter, shall at all times prevail over the regular weekend, weekday and summer physical custody and visitation periods. 2. Mother shall have physical custody on Mother’s Day from 10:00 a.m. until 7:00 p.m., on “Holiday Group A” in even numbered years, and on “Holiday Group B” in odd numbered years. 3. Father shall have visitation on Father’s Day from 10:00 a.m. until 7:00 p.m., on “Holiday Group A” in odd numbered years, and on “Holiday Group B” in even numbered years. Holiday Group A (a) PRESIDENT’S DAY/WASHINGTON BIRTHDAY (observed) weekend from 10:00

a.m. Saturday through 6:00 p.m. Monday. (b) A period of seven (7) days during the children’s school spring break, the exact days to

be selected and written notice given to the other party not later than thirty (30) days prior to the start thereof. If the children is not in school or there is no “school break” this seven day period shall coincide with the Easter holiday, the beginning and ending date shall be selected by the party entitled to custody/visitation by providing written notice 30 days in advance.

(c) INDEPENDENCE DAY (July 4th) from 6:00 p.m. on July 3rd until 6:00 p.m. on July 5th.

(d) COLUMBUS DAY weekend from 10:00 a.m. Saturday through 6:00 p.m. Monday. (e) CHRISTMAS vacation from December 25th beginning at 10:00 a .m. through

December 31st at 9:00 a.m. (f) Each children’s birthday from 10:00 a.m. until 10:00 a.m. the following day

Holiday Group B (g) MARTIN LUTHER KING Weekend (observed) from 10:00 a.m. Saturday through

6:00 p.m. Monday. (h) MEMORIAL DAY weekend from 10:00 a.m. Saturday through 8:00 a.m. the

following Tuesday. (i) LABOR DAY weekend from 10:00 a.m. Saturday through 8:00 a.m. the following

Tuesday. (j) THANKSGIVING weekend from 10:00 a.m. through 10:00 a.m. the following day. (k) CHRISTMAS vacation from 5:00 p.m. the day after the children’s last day of school

(or December 21st in the event the children is not enrolled in school) through 10:00 a.m. on December 25th and December 31st beginning at 10:00 a.m. through 8:00 a.m. the day the children’s school Christmas vacation ends.

(l) The day prior to the children’s birthday beginning at 10:00 a.m. through 10:00 a.m. the day of the birthday.

2. Notice If Unavailable to Exercise Custody or Visitation: In the event either parent cannot exercise the scheduled custody or visitation period he or she shall so advise the other parent as early as possible, but not later than 24 hours before the start of the custody or visitation

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period. If a parent anticipates that he or she may have to cancel at the last minute, they shall advise the other party, at least 24 hours prior to the start of the period, of the possible last minute conflict. If a parent fails to notify the other as set forth above, he or she shall be responsible for the reasonable costs incurred by the other parent. If either parent is unavailable to exercise custody because of work or a prior commitment for four hours or more, he or she shall offer the time to the other parent before utilizing a third party for children care. 3. Changes to Schedule: Recognizing the needs of the children for a continuing relationship with both parents, each parent shall exercise his or her best efforts to foster the respect, love and affections of the children toward the other parent and shall refrain from demeaning the other parent in front of the children. Both parents shall attempt to accommodate the social and academic commitments of the children and shall cooperate to ensure that the children shall have regular and frequent contact with each parent. Each parent shall consider reasonable changes to the schedule when requested by a party or the children. If a significant change in the schedule is made, either parent may reduce their agreement to writing in order to confirm and document the agreement. There shall be no restrictions or limitations on the children’s reasonable access to either parent. 4. Transportation: Unless the parties agree otherwise, the person beginning their custody period with the minor children shall pick-up the minor children from school where possible, or alternatively, if not possible, at the other parent's residence at their expense. For Saturday exchanges, the parties shall meet at a mutually agreed halfway point to exchange the minor children. 5. Telephone Access: Each parent shall inform the other of his or her address and telephone number, the address and telephone number of his or her place of employment, and in the event of extended out of town travel, the location and telephone number of his or her destination. The duty to update this information is a continuing obligation and shall be done within a reasonable time after any change. Each party shall have reasonable telephone access with the children during normal waking hours during any period in which the children is with the other parent. If a parent travels outside the St. Louis metropolitan area with the children, he or she shall provide the other parent with the itinerary and telephone numbers where the children may be reached.

Legal Custody 6. Legal Custody: Mother and Father shall be awarded joint legal custody of the minor children. Mother and Father shall agree before making any final decisions on issues affecting the growth and development of the children; including, but not limited to, choice of religious upbringing, choice of children care provider, choice of school, course of study, special tutoring, extracurricular activities, including but not limited to, music, art, dance and other cultural lessons or activities and gymnastics or other athletic activities, choice of camp or other comparable summer activity, non-emergency medical and dental treatment, psychological, psychiatric or like treatment or counseling, the choice of particular health care providers, the extent of any travel away from home, part or full-time employment, purchase or operation of a motor vehicle, contraception and sex education, and decisions relating to actual or potential litigation on behalf of the children. However, each parent may make decisions regarding the day-to-day care and control of the children and in emergencies affecting the health and safety of the children while the children is residing with him or her. The parents shall endeavor, whenever reasonable, to be consistent in such day-to-day decisions.

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7. Communication: Each parent shall ensure that the other parent is provided with copies of all communications or information received from the children’s school, and if a second copy of the communication is not provided by the school, the parent who received the information shall make a copy for the other parent. Each parent shall notify the other of any activity such as school conferences, programs, sporting and other special events etc., where parents are invited to attend and each shall encourage and welcome the presence of the other. 8. Children Not Involved In Court or Financial Communications: The parties shall not talk about adult issues, parenting matters, financial issues, and other Court-related topics. Such discussions shall not be had during custody exchanges of the children or during telephone visits. The children shall not be used to carry such messages or written communication, or children support payments, between the parents. 9. Medical Care Information: Each parent shall have the authority to seek any emergency medical treatment for the children when in his or her custody. Each shall advise the other of any medical emergency or serious illness or injury suffered by the minor children as soon as possible after learning of the same, and shall give the other parent details of the emergency, injury or illness and the name and telephone numbers of all treating doctors. Each parent shall inform the other before any routine medical care, treatment or examination by a health care provider including said provider’s name and telephone number. Each party shall direct all doctors involved in the care and treatment of the minor children to give the other parent all information regarding any injury or illness and the medical treatment or examination, if requested. For purposes of this paragraph, a serious injury or illness is one which requires a children (1) to be confined to home for more than 48 hours, or (2) to be admitted to, or treated at, a hospital or surgical facility, or (3) to receive any type of general anesthesia or invasive surgical procedure or test. 10. Access To Records: Each parent shall be entitled to immediate access from the other or from a third party to records and information pertaining to the children including, but not limited to, medical, dental, health, children care, school or educational records; and each shall take whatever steps are necessary to ensure that the other parent has such access. 11. Activities To Not Conflict With Custody or Visitation: The parties shall enroll the children in activities, particularly outside of school, which, to the extent possible, are scheduled at times and places which avoid interruption and disruption of the custody or visitation time of the other party unless consented to by that parent. In that regard, each children shall not be enrolled in more than one activity at a time that has routinely scheduled practices, games or other events during the custody or visitation time of Father without Father’s consent if he routinely exercises most of the awarded custody or visitation time, and Father shall cooperate to see that the children attend that scheduled activity during his custody periods. 12. Resolution of Disputes: If the parties fail to agree on the interpretation of the Parenting Plan, they shall submit the dispute to a mutually agreed mediator and shall make a good faith effort to resolve their differences through the mediation process. In the event they are not able to agree on a mediator, they shall each select a mediator from the list of approved mediators maintained by the BLANK County Circuit Court and the two mediators shall determine who shall mediate the case. In the event that the parties cannot resolve the dispute by mediation, they may file a motion and submit the issue to the Court.

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Support

13. Children Support: Children support shall be paid on the 1st day of each month. 14. Health Care Costs: The cost of a health benefit plan covering the children shall be paid for by Father. The parent providing the health benefit plan shall provide to the other parent an insurance ID card. All health expenses incurred on behalf of the children, including prescription costs, and not paid by the health benefit plan shall be paid one-hundred percent (100%) from the health insurance account that shall be maintained by Father through regular contributions from his paycheck in the amount of $225 per month at a $3,000 deductible. After the $3,000 deductable is met from the health savings account, any uncovered costs will be split fifty percent (50%) by Father and fifty percent (50%) by Mother. Unless both parties have agreed to use a health care provider that is not covered by the health benefit plan, if a parent incurs an expense to a health care provider that is not covered by the health benefit plan that would have been covered, or covered at a more favorable rate, if a provider included in the plan had been used, then that parent shall pay seventy-five percent (75%) and the other parent twenty-five percent (25%) of uncovered expenses. "Health expenses" shall be defined in accordance with Internal Revenue Code (1987) § 213 "Medical, Dental, etc., Expenses" or any other section enacted in replacement, in addition or in substitution thereof, and/or any Internal Revenue Regulation including, but not limited to, § 1.213 1 or any relevant Regulation enacted in replacement, in addition or in substitution thereof, or any relevant Treasury Decision, Regulation or any Revenue Ruling defining those types or kinds of medical costs that are deductible under the Internal Revenue Code, and shall also include orthodontia and optical care (including, but not limited to, prescription eyeglasses or contact lenses and eye examinations conducted by an optician, optometrist or ophthalmologist), treatment and appliances. 15. Education and Extraordinary Expenses: Mother shall pay 25% and Father shall each pay 75% of these expenses incurred by agreement capped at $1,000 per year. The parties agree that neither party shall be obligated to pay the cost of private school. The term "education" only refers to extracurricular and other incidental expenses that may result for the children. 16. Daycare/After School Costs: The person whose custody time it is shall be responsible for daycare/after school costs. 17. Dependency Exemption: Father shall claim both children in 2014. Starting in 2015, Mother shall be entitled to claim one child as her dependent on her respective Federal and State Income Tax Returns and to claim the accompanying deduction and tax credits for said minor child. Father shall be entitled to claim one child as his dependent on his respective Federal and State Income Tax Returns and to claim the accompanying deduction and tax credits for said minor child, beginning with the 2015 tax year. When there is only child that can be claimed on the taxes, the parties shall alternate the dependency exemption with Mother claiming the minor child on even years and Father on odd years. Father and Mother shall, not later than January 31st each year, execute and deliver to the other all necessary waivers and other documents necessary to accomplish the purpose of this provision, including, but not limited to I.R.S. Form 8332. 18. Right of First Refusal: If either party is unable to be with their children during their over-night visitation, they shall first offer the custody time to the other parent prior to allowing third

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parties to exercise their custody by writing the other party at their last known e-mail address 48-hours in advance. _______________________________ ______________________________ Father Mother _______________________________ ______________________________ Attorney for Father Attorney for Mother _______________________________ Guardian ad Litem

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D. Sample Affidavits for Judgment

IN THE FAMILY COURT OF THE COUNTY OF JEFFERSON STATE OF MISSOURI

In re Marriage of: ) ) JOHN DOE, ) SSN: xxx-xx-xxxx ) ) Petitioner, ) Cause No. ) ) and ) Div. ) JANE DOE, ) SSN: xxx-xx-xxxx ) ) Respondent . )

AFFIDAVIT FOR JUDGMENT

1. My name is John Doe and I am the Petitioner in the above dissolution of marriage case. 2. I currently reside at 700 Clark Avenue, St. Louis, Missouri 63102. 3. I have been a resident of the State of Missouri for at least 90 days immediately prior to

the filing of the petition herein. 4. My spouse currently resides in the State of Missouri. 5. Both my spouse and I are over the age of 18 years. 6. I was married to Jane Doe, the Respondent, on December 25, 2000 and the marriage was

registered in St. Louis County, State of Missouri. 7. My spouse and I separated on or about January 2014. 8. Neither my spouse nor I are on active duty in the armed services at the present time or

any time since the filing of the petition. 9. There is no reasonable likelihood that the marriage can be preserved and the marriage is

irretrievably broken. 10. My spouse is not pregnant. 11. There were two (2) minor children born of this marriage, namely, Billy Doe, aged eight

(8) years and Bobby Doe, aged six (6) years.

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12. I have sufficient assets from which I can support myself so I am not asking for any

maintenance. I understand that by not requesting maintenance at this time, I cannot come into this or any other court in the future and receive maintenance.

13. My spouse is unable to support herself or does not have sufficient assets from which she

can support himself and therefore is entitled to receive maintenance. 14. My spouse and I have agreed upon a parenting plan, attached hereto and marked as

Exhibit 1, which sets forth our agreement as to custody and care of Billy Doe and Bobby Doe.

15. The provisions in said parenting plan, which includes that we will share joint legal

custody and physical custody of Billy Doe and Bobby Doe, with my spouse being the residential parent for school and mailing purposes, are in the best interests of the children and I request that the Court incorporate said parenting plan into its judgment.

16. The Form 14 presumed child support is appropriate and pursuant to my agreement with

Respondent, it is requested that I pay $921 per month to Respondent in and for child support for the minor children and $636 when there is only one unemancipated child.

17. My spouse and I have agreed upon property and debt division, attached hereto and

marked as Exhibit 2. This agreement if fair and reasonable, and is not unconscionable. I request that the court incorporate the agreement into its judgment herein.

18. I will pay any remaining attorney’s fees owed to my attorney in this matter and am not

asking for reimbursement from my spouse. 19. I understand that I have the right to proceed with my case to trial, and that a trial in the

case may result in a child custody order, child support order, and/or property division judgment that is more favorable to me than those which I have agreed to herein and that I am choosing to enter into this settlement with full knowledge of that possibility.

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STATE OF MISSOURI ) ) SS. COUNTY OF ) JOHN DOE, of lawful age, being duly sworn upon his oath, states that he is the Petitioner named above; and that the facts stated herein are true according to his best knowledge and belief.

________________________ JOHN DOE, Petitioner

Subscribed and sworn to before me on ________________________. ____________________________________ Notary Public My Commission Expires:

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IN THE FAMILY COURT OF THE COUNTY OF JEFFERSON STATE OF MISSOURI

In re Marriage of: ) ) JOHN DOE, ) SSN: xxx-xx-xxxx ) ) Petitioner, ) Cause No. ) ) and ) Div. ) JANE DOE, ) SSN: xxx-xx-xxxx ) ) Respondent . )

AFFIDAVIT FOR JUDGMENT

1. My name is John Doe and I am the Petitioner in the above dissolution of marriage case. 2. I currently reside at 700 Clark Avenue, St. Louis, Missouri 63102. 3. I have been a resident of the State of Missouri for at least 90 days immediately prior to

the filing of the petition herein. 4. My spouse currently resides in the State of Missouri. 5. Both my spouse and I are over the age of 18 years. 6. I was married to Jane Doe, the Respondent, on December 25, 2000 and the marriage was

registered in St. Louis County, State of Missouri. 7. My spouse and I separated on or about January 2014. 8. Neither my spouse nor I are on active duty in the armed services at the present time or

any time since the filing of the petition. 9. There is no reasonable likelihood that the marriage can be preserved and the marriage is

irretrievably broken. 10. My spouse is not pregnant. 11. There were two (2) minor children born of this marriage, namely, Billy Doe, aged eight

(8) years and Bobby Doe, aged six (6) years.

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12. I have sufficient assets from which I can support myself so I am not asking for any maintenance. I understand that by not requesting maintenance at this time, I cannot come into this or any other court in the future and receive maintenance.

13. My spouse is unable to support herself or does not have sufficient assets from which she

can support himself and therefore is entitled to receive maintenance. 14. My spouse and I have agreed upon a parenting plan, attached hereto and marked as

Exhibit 1, which sets forth our agreement as to custody and care of Billy Doe and Bobby Doe.

15. The provisions in said parenting plan, which includes that we will share joint legal

custody and physical custody of Billy Doe and Bobby Doe, with my spouse being the residential parent for school and mailing purposes, are in the best interests of the children and I request that the Court incorporate said parenting plan into its judgment.

16. The Form 14 presumed child support is appropriate and pursuant to my agreement with

Respondent, it is requested that I pay $921 per month to Respondent in and for child support for the minor children and $636 when there is only one unemancipated child.

17. My spouse and I have agreed upon property and debt division, attached hereto and

marked as Exhibit 2. This agreement if fair and reasonable, and is not unconscionable. I request that the court incorporate the agreement into its judgment herein.

18. I will pay any remaining attorney’s fees owed to my attorney in this matter and am not

asking for reimbursement from my spouse. 19. I understand that I have the right to proceed with my case to trial, and that a trial in the

case may result in a child custody order, child support order, and/or property division judgment that is more favorable to me than those which I have agreed to herein and that I am choosing to enter into this settlement with full knowledge of that possibility.

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STATE OF MISSOURI ) ) SS. COUNTY OF ) JOHN DOE, of lawful age, being duly sworn upon his oath, states that he is the Petitioner named above; and that the facts stated herein are true according to his best knowledge and belief.

________________________ JOHN DOE, Petitioner

Subscribed and sworn to before me on ________________________. ____________________________________ Notary Public My Commission Expires:

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Appenndix: St. Louis CCounty Forms Beelow:

44

45

46

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Form CCFC179 – Parenting Plan Part A – Custody

Case Information

Mother:

Case Number

Exhibit Number 1

Father:

County St. Louis County

1. Children’s Information

Part A of this parenting plan applies to ____1________ child(ren). They are: 1. _______________________________ 4. ____________________________

2. _______________________________ 5. _______________________________

3. _______________________________ 6. _______________________________

2. Designation of Parties

Mother is the petitioner/plaintiff. Father is the respondent/defendant. X Father is the petitioner/plaintiff. Mother is the respondent/defendant.

3. Access to Records

Unless otherwise provided in this parenting plan, both parents are entitled to access to records and information pertaining to the children, including, but not limited to, full and complete medical, dental, health, child care and educational records. Each parent shall take whatever steps are necessary to ensure that the other parent has such access.

4. Children’s Activities

Both parents must attempt to accommodate the social and academic commitments of the children during the time the children are with them. Each parent should attempt to refrain from scheduling activities that occur primarily when the children are with the other parent. If an activity will affect the other parent’s time with the children, the parent scheduling the activity shall obtain the affected parent’s permission before committing the children to the activity.

5. Issues not to be discussed in the Presence of Children

Mother and Father shall each refrain from making negative, derogatory or degrading statements about the other parent in front of the children. Both parents shall exercise their best efforts to foster the respect, love and affection of the children toward the other parent. Mother and Father shall avoid discussing parenting issues, financial issues, and other topics related to these proceedings when the children are present. Mother and Father should prevent other persons from making negative, derogatory or degrading statements about the other parent in the presence of the children.

6. Communication Methods between Parents

The children shall not be used as messengers. Communication between the parents concerning the children may be by the following methods: Check each box that is appropriate in your case. X In person X Home telephone Work telephone X Mobile telephone X Letter via U.S. Postal Service X Email Fax Other ________________________.

7. Telephone Contact with Children

Each parent may contact the children in a reasonable manner when the children are with the other parent. Neither parent shall contact the children at the other parent’s residence later than _____7:00pm__. (If this line is left blank, there are no restrictions as to time.) Each parent shall provide the other parent with the address of their residence and the telephone number at which the children may be contacted. Neither parent shall configure their telephone system in such a manner as to “block” or prevent the other parent from calling. If this telephone number is changed, the parent shall notify the other parent of the new telephone number within a reasonable time. When a parent travels to an overnight destination with the children, he or she must notify the other parent of the children’s destination. He or she must also provide a telephone number where the children can be reached.

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8. Types of Decisions

The three types of decisions that parents must make concerning their children are major decisions, daily or everyday decisions, and emergency decisions. Major Decisions - Major decisions are the significant decisions about the children. Major decisions are made by the parent or parents with legal custody. The following are examples of major decisions: the choice or change of schools, including college or special tutoring; choice or change of physician, surgeon or dentist; religious instruction, training or education; selection of child care providers; major medical care, surgery, or any medical procedure requiring hospitalization or out-patient surgery; major dental work and orthodontia; psychological or psychiatric treatment or counseling; the choice or change of camps or other special or extracurricular activities; the extent of any travel away from home; part or full-time employment; purchase or operation of a motor vehicle; contraception and sex education; actual or potential litigation on behalf of the children. Daily or Everyday Decisions - Daily or everyday decisions are routine decisions like minor medical treatment, bedtimes, homework, chores, selection of clothing and normal daily activities. Daily decisions shall be made by the parent having actual physical custody at the time of the decision. The parents shall cooperate in establishing mutually agreeable policies regarding such decisions in order that routine decisions remain as consistent as possible. Emergency Decisions - Emergency decisions are decisions of an urgent nature. They affect the health and safety of the children and have to be made before it is possible to contact the other parent. The parent who is with the minor child requiring emergency care may make the emergency decision. The parent making the emergency decision shall advise the other parent of the nature and extent of the emergency as soon as possible.

9. Legal Custody X Mother and Father – Joint Legal Custody It is in the best interests of the children that Mother and Father have joint legal custody of the

children. Major decisions shall be made by Mother and Father jointly. If Mother and Father disagree on a major decision they shall resolve their disagreement through the dispute resolution procedure set forth herein.

Mother – Sole Legal Custody to Mother It is in the best interests of the children that Mother has sole legal custody of the children.

Major decisions affecting the children shall be made by Mother. Mother and Father cannot share joint legal custody because:

_____________________________________________________________________________ _____________________________________________________________________________

Father – Sole Legal Custody to Father It is in the best interests of the children that Father has sole legal custody of the children. Major

decisions affecting the children shall be made by Father. Mother and Father cannot share joint legal custody because:

_____________________________________________________________________________ _____________________________________________________________________________

Third Party – Sole Legal Custody to Third Party It is in the best interest of the children that _____________________ (hereinafter referred to as

“Third Party”) has sole legal and sole physical custody of the children. Major decisions affecting the children shall be made by Third Party. Both parents are unfit, unsuitable, or unable to be a custodian of the children or the welfare of the children requires that neither parent have physical custody.

10. Residential Schedules

Mother and Father shall have physical custody of the children as they agree. In the event they do not agree, then Mother and Father shall exchange the children as set forth in the attached residential schedules. Because the children need a continuing relationship with both parents, each parent shall consider reasonable changes when requested by the other parent or the children. If a significant change is made, either parent may reduce their agreement to writing. All changes are unenforceable unless in writing and signed by both parents.

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11. Notification of Change from Residential Schedule

In the event either parent cannot exercise the scheduled time with the children, he or she should tell the other parent as soon as possible, but not later than 24 hours before the start of the scheduled time with the children. If a parent anticipates that he or she may have to cancel at the last minute, he or she should advise the other parent of the possible last minute conflict. If a parent fails to notify the other as set forth above, he or she shall be responsible for the reasonable costs incurred by the other parent.

12. Transportation The parent who has the children takes the children to the exchange location. Each party will pay the expenses associated with his or her own transportation to and from the exchange location unless otherwise indicated in this parenting plan.

13. Location of Exchanges

If a specific location for an exchange is not stated on the schedule, then the exchange shall occur at the following location: X All exchanges shall occur at the children’s school or child care provider. If the children are not

in attendance at school or day care, then the exchange shall occur at __Father’s Residence______________.

All exchanges shall occur at the Mother’s Residence. All exchanges shall occur at the Father’s Residence. All exchanges shall occur at ____________________________________.

14. Physical Custody

X Joint Physical Custody Using Mother’s Address - It is in the best interest of the children that Mother and Father have joint physical custody of the children. The address of the children for mailing and educational purposes is the same as that of Mother.

Joint Physical Custody Using Father’s Address – It is in the best interest of the children that Mother and Father have joint physical custody of the children. The address of the children for mailing and educational purposes is the same as that of Father.

Sole Physical Custody to Mother and Visitation to Father – It is in the best interests of the children that Mother has sole physical custody of the children and that Father have visitation as set forth herein.

Sole Physical Custody to Father and Visitation to Mother – It is in the best interests of the children that Father has sole physical custody of the children and that Mother have visitation as set forth herein.

Sole Physical Custody to Mother and Supervised Visitation to Father – It is in the best interests of the children that Mother have sole physical custody of the children and Father have supervised visitation as set forth herein. Unsupervised visitation would endanger the children’s physical health or impair their emotional development because:____________________________________________________________________.

Visitation will be supervised by __________________________________________________. Sole Physical Custody to Father and Supervised Visitation to Mother - It is in the best interests

of the children that Father have sole physical custody of the children and Mother have supervised visitation as set forth herein. Unsupervised visitation would endanger the children’s physical health or impair their emotional development because: ___________________________________________________________________________.

Visitation will be supervised by __________________________________________________. Other:

______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

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15. Relocation RSMo. §452.377states: “Absent exigent circumstances as determined by a court with jurisdiction, you as a party to this action are ordered to notify, in writing by certified mail, return receipt requested, and at least sixty days prior to the proposed relocation, each party to this action of any proposed relocation of the principal residence of the child, including the following information: (1) The intended new residence, including the specific address and mailing address, if known, and if not known, the city; (2) The home telephone number of the new residence, if known; (3) The date of the intended move or proposed relocation; (4) A brief statement of the specific reasons for the proposed relocation of the child; and (5) A proposal for a revised schedule of custody or visitation with the child. Your obligation to provide this information to each party continues as long as you or any other party by virtue of this order is entitled to custody of a child covered by this order. Your failure to obey the order of this court regarding the proposed relocation may result in further litigation to enforce such order, including contempt of court. In addition, your failure to notify a party of a relocation of the child may be considered in a proceeding to modify custody or visitation with the child. Reasonable costs and attorney fees may be assessed against you if you fail to give the required notice.”

16. Dispute Resolution Procedure

If the parties do not agree on the interpretation of this Parenting Plan, they shall submit the dispute to a mediator chosen by them for non-binding mediation. In the event they are not able to agree on a mediator they shall each select a mediator from the list of approved mediators maintained by the St. Louis County Family Court and the two mediators shall determine who shall mediate the case. The parents are to make a good faith effort to resolve their disagreement. In the event that the parents cannot resolve the dispute by mediation, they may submit the issue to the Court through appropriate proceedings. Additional dispute resolution procedures are as follows: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

17. Additional Provisions Pertaining to Custody of the Children

Additional provisions pertaining to the custody of the child are as follows: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

The following paragraphs differ from Form CCFC179 :_____________________.

____________________________ ____________________________ ____________________________ Mother Father Guardian ad Litem ____________________________ ____________________________ Attorney for Mother Attorney For Father ____________________________ Judge or Commissioner

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Parenting Plan Part A – Residential Schedules – Page 1 Form CCFC180-11/09

Form CCFC180 – Residential Schedules

Case Information Mother:

Case Number

Exhibit Number 1

Father: County St. Louis County

1. Weekend and Weekday Schedule

Each exchange should be written on the Weekend and Weekday Exchange Schedule. A sample entry for one of the exchanges may be as follows: “5:30 p.m. Father receives children”. This means that at 5:30 p.m., Father will begin a period of time during which the children will be with him. The last person to receive custody on the Weekend and Weekday Schedule must be different than the first person to receive custody on the schedule because after each two week period, the cycle repeats itself. There is always an even number of exchanges for a two week period. If no exchange location is specified, then the exchange shall occur at the location set forth in Parenting Plan Part A Paragraph 13 “Location of Exchanges.” To determine whether the week one or week two schedule applies, you should refer to the definitions below. ______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

Week One Definition

As used in this Parenting Plan, “Week One” on the Weekday and Weekend Exchange Schedule is defined as a week that has Sunday on one of the following dates:

January 1 2 3 4 5 6 7 15 16 17 18 19 20 21 29 30 31 February 1 2 3 4 12 13 14 15 16 17 18 26 27 28 29 March 1 2 3 4 12 13 14 15 16 17 18 26 27 28 29 30 31 April 1 9 10 11 12 13 14 15 23 24 25 26 27 28 29 May 7 8 9 10 11 12 13 21 22 23 24 25 26 27 June 4 5 6 7 8 9 10 18 19 20 21 22 23 24 July 2 3 4 5 6 7 8 16 17 18 19 20 21 22 30 31 August 1 2 3 4 5 13 14 15 16 17 18 19 27 28 29 30 31 September 1 2 10 11 12 13 14 15 16 24 25 26 27 28 29 30 October 8 9 10 11 12 13 14 22 23 24 25 26 27 28 November 5 6 7 8 9 10 11 19 20 21 22 23 24 25 December 3 4 5 6 7 8 9 17 18 19 20 21 22 23 31

Week Two Definition

As used in this Parenting Plan, “Week Two” on the Weekday and Weekend Exchange Schedule is defined as a week that has Sunday on one of the following dates:

January 8 9 10 11 12 13 14 22 23 24 25 26 27 28 February 5 6 7 8 9 10 11 19 20 21 22 23 24 25 March 5 6 7 8 9 10 11 19 20 21 22 23 24 25 April 2 3 4 5 6 7 8 16 17 18 19 20 21 22 30 31 May 1 2 3 4 5 6 14 15 16 17 18 19 20 28 29 30 31 June 1 2 3 11 12 13 14 15 16 17 25 26 27 28 29 30 July 1 9 10 11 12 13 14 15 23 24 25 26 27 28 29 August 6 7 8 9 10 11 12 20 21 22 23 24 25 26 September 3 4 5 6 7 8 9 17 18 19 20 21 22 23 October 1 2 3 4 5 6 7 15 16 17 18 19 20 21 29 30 31 November 1 2 3 4 12 13 14 15 16 17 18 26 27 28 29 30 December 1 2 10 11 12 13 14 15 16 24 25 26 27 28 29 30

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Parenting Plan Part A – Residential Schedules – Page 2 Form CCFC180-11/09

2. Vacation Schedule

X No specific weeks will be set aside for vacations. The parents will have physical custody of the children for alternating weeks during the summer. This schedule commences on the first Friday after the last day of classes for the child(ren) for the school year at 6:00 p.m. and ends on the last Friday at 6:00 p.m. preceding the first day of school for the following school year. Mother shall have the first week of physical custody in even numbered years, and Father shall have the first week of physical custody in odd numbered years. All exchanges will occur at 6:00 p.m. on Friday.

The parents will alternate the weeks throughout the summer, coordinating the childcare and recreational programs to the extent possible. Each parent is responsible for ensuring that the child is cared for during the workday during his or her weeks of physical custody.

If the school year ends during different weeks for the child(ren), then the summer schedule commences on the first Friday at 6:00 p.m. after the last day of classes for the last child to finish classes for the school year. If the school year begins during different weeks for the child(ren), then the summer schedule shall end on the last Friday at 6:00 p.m. before the first day of classes for the first child to begin classes for the school year.

Each parent may designate ______ week(s) each year during which they will have exclusive physical custody of the children and the regular or alternative exchange weekday and weekend schedules do not apply. Father shall have first choice of weeks in odd-numbered years. Mother will have first choice of weeks in even-numbered years.

The parent with the first choice of weeks must designate his or her vacation week(s) by ___________. Thereafter, the other parent must designate his or her vacation week(s) by ___________. If the vacation schedule conflicts with the holiday schedule, the holiday schedule takes precedence.

Other Vacation Provisions:

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

3. Holidays A different schedule can apply on holidays. The times each parent will have with the children during the holidays are set forth on the Holiday Exchange Schedule on page 5 and the Additional Special Occasion Exchange Schedule of these Residential Schedules. Holidays and vacations do not alter the “Week One” or “Week Two” designation, but they do apply ahead of the regular schedule. If the holiday schedule conflicts with any other schedule, the holiday schedule takes precedence. ______________________________________________________________________________

______________________________________________________________________________

The following paragraphs differ from Form CCFC180 ________________________________________.

____________________________ ____________________________ ____________________________ Mother Father Guardian ad Litem ____________________________ ____________________________ Attorney for Mother Attorney For Father ____________________________ Judge or Commissioner

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Parenting Plan Part A – Residential Schedules – Page 3 Form CCFC180-11/09

Weekday and Weekend Exchange Schedule

DAY OF WEEK EXCHANGES FOR DAY

WEE

K O

NE

Sunday

Monday

Tuesday

Wednesday

Thursday

Friday

Saturday

WEE

K T

WO

Sunday

Monday

Tuesday

Wednesday

Thursday

Friday

Saturday

Exchanges should be set forth on this schedule. For example, if Father picks up the children at the default location set forth in paragraph 13 for the period of time the children will be with him on Friday, then you would enter “Father receives children at 5:00 p.m.” in the box next to the correct Friday. If the transfer occurs at a different location, you would enter “Father receives children at 5:00 p.m. at Mother’s residence”. There should always be an even number of exchanges on this schedule.

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Parenting Plan Part A – Residential Schedules – Page 4 Form CCFC180-11/09

Holiday Exchange Schedule

Holiday Even

Numbered Years

Odd Numbered

Years

Physical Custody

From To

FATHER or MOTHER

FATHER or MOTHER Time Time

New Year’s Day Holiday Mother Father

King Day Father Mother

President’s Day Mother Father

Easter Father Mother

Spring Break Father Mother

Memorial Day Mother Father

Independence Day Father Mother

Labor Day Mother Father

Thanksgiving Father Mother

Christmas Eve Holiday Mother Father

Christmas Day Holiday Father Mother

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Parenting Plan Part A – Residential Schedules – Page 5 Form CCFC180-11/09

Additional Special Occasion Exchange Schedule

Holiday Even

Numbered Years

Odd Numbered

Years

Physical Custody

From To

FATHER or MOTHER

FATHER or MOTHER Time Time

Halloween Mother Father

Mother’s Day Mother Mother

Father’s Day Father Father

Mother’s Birthday Mother Mother

Father’s Birthday Father Father

Child’s Birthday Father Mother

Day Before Child’s Birthday Mother Father

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Parenting Plan Part B – Support of Children – Form 14 Form CCFC192-11/09

FORM 14 CHILD SUPPORT CALCULATIONS

X FATHER is the “Parent Paying Support” MOTHER is the “Parent Paying Support”

Total Number of Children: ____1____

PARENT RECEIVING SUPPORT

PARENT PAYING SUPPORT COMBINED

1. MONTHLY GROSS INCOME

1a. Monthly court ordered maintenance being received

2a. ADJUSTMENT - Other monthly court or administratively ordered child support being paid

2b. ADJUSTMENT – Monthly court ordered maintenance being paid

2c (1). How many children other than the children that are the subject of this proceeding primarily reside with each parent?

2c (2). Each parent‘s support obligation from support schedule using his or her Line 1 monthly gross income

2c (3). Monthly amount of child support received pursuant to a court or administrative order for unemancipated children not the subject of this proceeding that primarily reside with each parent

2c. ADJUSTMENT - Support obligation for other children who primarily reside with each parent (Line 2c (2) minus Line2c (3))

3. ADJUSTED MONTHLY GROSS INCOME (Sum of lines 1 and 1a, minus lines 2a, 2b and 2c)

4. PROPORTIONATE SHARE OF COMBINED ADJUSTED MONTHLY GROSS INCOME (Each parent's line 3 income divided by combined line 3 income)

5. BASIC CHILD SUPPORT AMOUNT (From support chart using combined line 3 income)

6. ADDITIONAL CHILD-REARING COSTS OF PARENTS

6a (1). Reasonable work-related child care costs of the parent receiving support (Paragraph 7)

6a (2). Child Care Tax Credit (See Form 14 Directions)

6a. Reasonable work-related child care costs of the parent receiving support (Line 6a (1) minus Line 6a (2))

6b. Reasonable work-related child care costs of the parent paying support (Paragraph 7)

6c. Health insurance costs for the children who are the subjects of this proceeding (Paragraphs 2 and 3)

6d. Uninsured extraordinary medical costs (Addendum)

6e. Other extraordinary child rearing costs (Addendum)

7. TOTAL ADDITIONAL CHILD-REARING COSTS (Sum of lines 6a, 6b, 6c, 6d and 6e)

8. TOTAL COMBINED CHILD SUPPORT COSTS (Sum of line 5 and line 7)

9. EACH PARENT'S SUPPORT OBLIGATION (Multiply line 8 by each parent's line 4)

10. CREDIT FOR ADDITIONAL CHILD-REARING COSTS (Line 7 for parent paying support)

11(1) Total yearly number of overnight periods of visitation or custody for Parent Paying Support

11. ADJUSTMENT FOR AMOUNTS EXPENDED DURING PERIODS OF OVERNIGHT VISITATION OR CUSTODY. (Multiply line 5 by ___________% )

12. PRESUMED CHILD SUPPORT AMOUNT (Line 9 minus lines 10 and 11)

Number of Children 6 5 4 3 2 1

Presumed Monthly Support

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Parenting Plan Part B – Support of Children Form CCFC181-11/09

Form CCFC181 – Parenting Plan Part B – Support

Case Information Mother:

Case Number

Exhibit Number

Father: County

1. Children’s Information

Part B of this parenting plan applies to ____________ child(ren). They are: 1. _______________________________ 4. _______________________________

2. _______________________________ 5. _______________________________

3. _______________________________ 6. _______________________________

2. Medical Insurance

You must check at least one of the following three boxes. Neither party is required to maintain medical insurance for the benefit of the children. A medical benefit plan is not available at reasonable cost through either parent’s employer or union. No support rights have been assigned to the state of Missouri and the Family Support Division is not providing support enforcement services to either party.

Father shall maintain and pay the cost of medical insurance with comparable or better benefits at comparable or reduced cost to that now in effect for the benefit of the children. If no medical insurance is now in effect, then Father shall obtain medical insurance if it is available at reasonable cost through his employer or union. The current cost of this medical insurance included on Line 6c of Form 14 is _____________ per month.

Mother shall maintain and pay the cost of medical insurance with comparable or better benefits at comparable or reduced cost to that now in effect for the benefit of the children. If no medical insurance is now in effect, then Mother shall obtain medical insurance if it is available at reasonable cost through her employer or union. The current cost of this medical insurance included on Line 6c of Form 14 is _____________ per month.

3. Dental Insurance

You must check at least one of the following three boxes. Neither party is required to maintain dental insurance for the benefit of the children. A dental benefit plan is not available at reasonable cost through either parent’s employer or union. No support rights have been assigned to the state of Missouri and the Family Support Division is not providing support enforcement services to either party.

Father shall maintain and pay the cost of dental insurance with comparable or better benefits at comparable or reduced cost to that now in effect for the benefit of the children. If no dental insurance is now in effect, then Father shall obtain dental insurance if it is available at reasonable cost through his employer or union. The current cost of this dental insurance included on Line 6c of Form 14 is _____________ per month.

Mother shall maintain and pay the cost of dental insurance with comparable or better benefits at comparable or reduced cost to that now in effect for the benefit of the children. If no dental insurance is now in effect, then Mother shall obtain dental insurance if it is available at reasonable cost through her employer or union. The current cost of this dental insurance included on Line 6c of Form 14 is _____________ per month.

4. Cost of Medical and Dental Insurance

In the event either parent is required to maintain medical or dental insurance, the parent providing the health benefit plan shall provide to the other parent an insurance identification card. If support rights have been assigned to the state of Missouri or the Family Support Division is providing support enforcement services to either party, the person paying support shall notify the Family Support Division regarding the availability of medical insurance coverage through an employer or a group plan, provide the name of the insurance provider when coverage is available, and inform the division of any change in access to such insurance coverage.

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Parenting Plan Part B – Support of Children Form CCFC181-11/09

5. Medical and Dental Expenses

As used herein, medical and dental expenses include amounts paid for the diagnosis, cure, mitigation, treatment, or prevention of disease, or for the purpose of affecting any structure or function of the body. This includes orthodontic and vision care, eyeglasses, contact lenses, and prescription drugs. It does not include cosmetic surgery that is directed at improving the patient’s appearance and does not meaningfully promote the proper function of the body or prevent or treat illness or disease. It does include expenses to improve a deformity arising from, or directly related to, a congenital abnormality, a personal injury resulting from an accident or trauma, or a disfiguring disease. Expenses for counseling for the minor children shall be included as medical and dental expenses if the counseling is provided by a licensed social worker, licensed professional counselor, licensed psychologist or licensed psychiatrist.

6. Payment of Medical and Dental Expenses not Covered by Insurance

Unless one of the following two boxes is checked, all reasonable and necessary medical and dental expenses of the children not covered by insurance are to be paid equally by the parents. Except for good cause, no reimbursement of uncovered medical and dental expenses of the children will be allowed unless the person receiving support submits proof of such expenses to the person paying support in writing within 120 days of the date said expenses were incurred.

The person receiving support will pay all reasonable and necessary medical and dental expenses of the children not covered by insurance and the person paying support will reimburse the person receiving support for _______ percent of all such expenses that are actually paid by the person receiving support and are in excess of $250 per year per child.

If a parent incurs a non-emergency expense to a health care provider that is not covered by insurance and the available insurance would have paid for some or all of the expense, then the parent incurring the expense shall pay seventy-five percent (75%) and the other parent twenty-five percent (25%) of the uncovered expense. The parents may agree in writing to alternative arrangements as to providers and apportionment of uncovered expenses.

Uncovered medical and dental expenses are not divided between the parents pursuant to RSMo. §454.603.

7. Payment of Work-Related Child Care Costs

You must check at least one of the following six boxes. There are no reasonable work-related child care expenses incurred by the parties. The current reasonable work-related child care costs of the children paid by Mother directly to

the child care provider are $___________ per month. This amount has been included on Line 6a or Line 6b of Form 14.

The current reasonable work-related child care costs of the children paid by Father directly to the child care provider are $___________ per month. This amount has been included on Line 6a or Line 6b of Form 14.

Mother will pay all reasonable work-related child care expenses. The cost of reasonable work-related child care expenses has NOT been included in the child support calculation pursuant to Form 14. Father will reimburse Mother for _______ percent of all reasonable work-related child care expenses actually paid by Mother. Mother will not be entitled to reimbursement from Father unless said payments are appropriately reported to the Internal Revenue Service. Except for good cause, no reimbursement of reasonable work-related child care expenses will be allowed unless Mother submits proof of such expense to Father in writing within 120 days of the date said expenses were incurred.

Father will pay all reasonable work-related child care expenses. The cost of reasonable work-related child care expenses has NOT been included in the child support calculation pursuant to Form 14. Mother will reimburse Father for _______ percent of all reasonable work-related child care expenses actually paid by Father. Father will not be entitled to reimbursement from Mother unless said payments are appropriately reported to the Internal Revenue Service. Except for good cause, no reimbursement of reasonable work-related child care expenses will be allowed unless Father submits proof of such expense to Mother in writing within 120 days of the date said expenses were incurred.

Each parent will pay his or her own reasonable work-related child care expenses related to his or her employment. The cost of reasonable work-related child care expenses has NOT been included in the child support calculation pursuant to Form 14. Neither parent will reimburse the other parent for any portion of the child care expenses.

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Parenting Plan Part B – Support of Children Form CCFC181-11/09

8. Child Care Expenses Unrelated to Employment

Incidental child care costs not related to employment are to be paid by the party with physical custody at the time the child care costs are incurred. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

9. Method of Payment of Child Support

You must check one and only one of the following five boxes. A wage assignment will not issue because a written agreement has been reached between the parties that provides for an alternative arrangement. Child support shall be paid directly to the person receiving support.

A wage assignment will not issue because there is good cause not to require immediate income withholding for the reason that implementation of an immediate wage withholding would not be in the best interest of the child and the person paying support has made timely payments of all previously ordered support. Child support shall be paid directly to the person receiving support.

A wage assignment will not issue because a written agreement has been reached between the parties that provides for an alternative arrangement. Child support shall be paid directly to the Family Support Payment Center, PO Box 109001, Jefferson City, Missouri, 65110-9001.

A wage assignment will not issue because there is good cause not to require immediate income withholding for the reason that implementation of an immediate wage withholding would not be in the best interest of the child and the person paying support has made timely payments of all previously ordered support. Child support shall be paid directly to the Family Support Payment Center, PO Box 109001, Jefferson City, Missouri, 65110-9001.

A wage assignment will be prepared by the person receiving support and issued by the Circuit Clerk upon the effective date of this judgment. Child support is ordered to be paid to the Family Support Payment Center, PO Box 109001, Jefferson City, Missouri, 65110-9001.

10. Is Child Support pursuant to Form 14?

Yes. The court-ordered child support is the same as the presumed children support amount. The presumed child support amount as calculated herein is not rebutted as being unjust and inappropriate.

No. The court-ordered child support is different from the presumed children support amount. After consideration of all relevant factors pursuant to RSMo. §452.340.8 and Form 14, the child support as calculated herein is rebutted as being unjust and inappropriate.

______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

11. Designation of Parties

Mother is the petitioner/plaintiff. Father is the respondent/defendant. Father is the petitioner/plaintiff. Mother is the respondent/defendant.

12. Designation of Parent Paying Support

Mother is the “parent paying support”. Father is referred to as the “person receiving support”. Father is the “parent paying support”. Mother is referred to as the “person receiving support”.

If no regular monthly child support is to be paid by either parent, then you must still check one of the two boxes in this paragraph.

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Parenting Plan Part B – Support of Children Form CCFC181-11/09

13. Court-Ordered Child Support

Six or More Children - The person paying support is to pay to the person receiving support ____________ per month when the person receiving support is entitled to support for six or more children covered by this parenting plan.

Five Children - The person paying support is to pay to the person receiving support ____________ per month when the person receiving support is entitled to support for five children covered by this parenting plan.

Four Children – The person paying support is to pay to the person receiving support ____________ per month when the person receiving support is entitled to support for four children covered by this parenting plan.

Three Children - The person paying support is to pay to the person receiving support ____________ per month when the person receiving support is entitled to support for three children covered by this parenting plan.

Two Children - The person paying support is to pay to the person receiving support ____________ per month when the person receiving support is entitled to support for two children covered by this parenting plan.

One Child - The person paying support is to pay to the person receiving support ____________ per month when the person receiving support is entitled to support for one child covered by this parenting plan.

No Child Support – Except as otherwise set forth herein, no regular monthly child support is to be paid by either party for the support of the children covered by this parenting plan.

14. Starting Date for Child Support

You must check one and only one of the following two boxes. The first child support payment is due on the date of the entry of the judgment. The first child support payment is due on _______________________.

15. Additional Provisions Pertaining to Support of the Children

If a parent fails to pay a cost or expense as required by this parenting plan, then the other parent may pay the cost or expense and seek reimbursement from the parent who was to pay the expense. Any agreement by the parents to divide expenses not specifically listed in this parenting plan is unenforceable unless it is in writing. Additional provisions pertaining to the support of the children are on the attached addendum(s) to parenting plan marked as follows:

College Expenses (Exhibit __________ ) Income Tax Exemptions (Exhibit __________ ) Extraordinary Medical Expenses (Exhibit __________ ) Other Extraordinary Expenses (Exhibit __________ ) Vision Insurance (Exhibit __________ ) Other (Exhibit __________ )

______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

The following paragraphs differ from Form CCFC181 ________________________________________. ____________________________ ____________________________ ____________________________ Mother Father Guardian ad Litem ____________________________ ____________________________ Attorney for Mother Attorney For Father ____________________________ Judge or Commissioner

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Parenting Plan Part B – Support of Children – College Expenses Form CCFC182-11/09

Form CCFC182 – Addendum to Parenting Plan Part B College Expenses

Case Information Mother:

Case Number

Exhibit Number

Father: County

1. College Expenses

College expenses are to be shared by the parties with Father paying _______ % and Mother paying _______ %. The college expenses are NOT included in the child support calculations pursuant to Form 14.

The current college expenses of the children to be paid by Mother are $___________ per month. This amount has been included on Line 6e of Form 14.

The current college expenses of the children to be paid by Father are $___________ per month. This amount has been included on Line 6e of Form 14.

As used herein, “college expenses” are educational expenses incurred by a minor child to attend an institution of vocational or higher education. An institution of vocational education means any post secondary training or schooling for which the student is assessed a fee and attends classes regularly. An institution of higher education means any junior college, community college, college, or university at which the child attends classes regularly. College expenses include tuition, fees, books, and dormitory costs for room and board, but do not include room and board while residing with either parent. They are the actual cost to the child. In the event the child receives a scholarship or other aid which reduces the tuition, fees, books, or dormitory costs for room and board, then college expenses do not include the amount of such scholarship or aid. For this purpose, loans to the student shall not be considered ‘scholarship or other aid’. College expenses shall be considered due and payable at the beginning of each semester for purposes of determining the parent’s obligation to pay for an entire semester. Each parent shall complete and execute for submission to any educational institution on or before the final day of each academic year all forms required by the educational institution, including financial disclosure forms, for each minor child to apply for a scholarship, tuition rebate or other aid for the following academic year. Regardless of what institution the child attends, the maximum college expenses, as defined herein, shall not exceed the cost for tuition, fees, books, and dormitory costs for room and board at:

University of Missouri at Columbia (in state) Other ______________________________________________

To be eligible for continued support, the child shall submit to both parents at the beginning of each semester a transcript or similar official document provided by the institution of vocational or higher education which includes the courses the child is enrolled in and has completed for each term, the grades and credits received for each such course, and an official document from the institution listing the courses which the child is enrolled in for the upcoming term and the number of credits for each course. Upon request for notification of the child’s grades by the noncustodial parent, the child shall produce the required document to the noncustodial parent with thirty days of receipt of grades from the education institution. The child entitled to support must comply with all of the requirements set forth in RSMo. §452.340.5.

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Parenting Plan Part B – Support of Children – Income Tax Exemptions Form CCFC183-11/09

Form CCFC183 – Addendum to Parenting Plan Part B Income Tax Exemptions

Case Information Mother:

Case Number

Exhibit Number

Father: County

1. Income Tax Exemptions

Unless stated otherwise below, the person receiving support shall be entitled to claim the minor children as dependents in all years. The schedule of basic child support obligations assumes that the parent entitled to receive support claims the tax exemption for the children entitled to support. If the person paying support is entitled to claim any of the minor children as dependents for any tax year, then he or she must be current with all support obligations as of December 31 of the tax year in which the child is to be claimed. Each parent will sign any appropriate documents to allow the other parent to make such claims. The parents shall be entitled to claim the minor children as dependents for income tax purposes as follows:

Name of Child

In odd numbered tax years, this parent will claim this child as a

dependent

In even numbered tax years, this parent will claim this child as a

dependent

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Parenting Plan Part B – Support of Children – Extraordinary Medical Expenses Form CCFC184-11/09

Form CCFC184 – Addendum to Parenting Plan Part B Extraordinary Medical Expenses

Case Information Mother:

Case Number

Exhibit Number

Father: County

1. Payment of Extraordinary Medical Costs to be included on Form 14

Extraordinary medical costs are predictable and recurring, such as expenses for dental treatment, orthodontic treatment, asthma treatment and physical therapy. These specific extraordinary medical expenses are included on Line 6d of Form 14 and shall be paid as follows:

Current Uncovered Extraordinary Medical Costs to be Paid by Father INCLUDED on Form 14

Total Amount of Expense

___________________________________________________________________________________________________________________________

$_________ per month

$_________ per month

$_________ per month

The total cost of these extraordinary child-rearing costs of the children is $___________ per month. This amount HAS been included in the child support calculation pursuant to Form 14. (You must include this amount on Form 14 - Line 6e)

Current Uncovered Extraordinary Medical Costs to be Paid by Mother INCLUDED on Form 14

Total Amount of Expense

___________________________________________________________________________________________________________________________

$_________ per month

$_________ per month

$_________ per month

The total cost of these extraordinary child-rearing costs of the children is $___________ per month. This amount HAS been included in the child support calculation pursuant to Form 14. (You must include this amount on Form 14 - Line 6e)

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Parenting Plan Part B – Support of Children – Extraordinary Expenses Form CCFC185-11/09

Form CCFC185 – Addendum to Parenting Plan Part B Other Extraordinary Expenses

Case Information Mother:

Case Number

Exhibit Number

Father: County

1. Payment of Extraordinary Child-Rearing Costs of the Children

Extraordinary child-rearing costs incurred by the parents may be included on Form 14, or the parents may agree to divide these costs on some percentage basis. The costs to be addressed are to be paid as follows:

a. Extraordinary Child-Rearing Costs INCLUDED on Form 14

Extraordinary Child-Rearing Costs Paid by Father INCLUDED on Form 14

Total Amount of Expense

___________________________________________________________________________________________________________________________

$_________ per month

$_________ per month

$_________ per month

The total cost of these extraordinary child-rearing costs of the children is $___________ per month. This amount HAS been included in the child support calculation pursuant to Form 14. (You must include this amount on Form 14 - Line 6e)

Extraordinary Child-Rearing Costs Paid by Mother INCLUDED on Form 14

Total Amount of Expense

___________________________________________________________________________________________________________________________

$_________ per month

$_________ per month

$_________ per month

The total cost of these extraordinary child-rearing costs of the children is $___________ per month. This amount HAS been included in the child support calculation pursuant to Form 14. (You must include this amount on Form 14 - Line 6e)

b. Extraordinary Child-Rearing Costs NOT INCLUDED on Form 14

Extraordinary Child-Rearing Costs Paid by Father NOT INCLUDED on Form 14

Percentage to be Paid by Mother to Father

___________________________________________________________________________________________________________________________

________ %

________ %

________ % Mother will reimburse Father for the percentage amount of each of these extraordinary child-rearing costs of the children so long as they are actually paid by Father. Except for good cause, no reimbursement of extraordinary child-rearing costs of the children will be allowed unless Father submits proof of such expense to Mother in writing within 120 days of the date said expenses were incurred.

Extraordinary Child-Rearing Costs Paid by

Mother NOT INCLUDED on Form 14 Percentage to be Paid by

Father to Mother

___________________________________________________________________________________________________________________________

________ %

________ %

________ % Father will reimburse Mother for the percentage amount of each of these extraordinary child-rearing costs of the children so long as they are actually paid by Mother. Except for good cause, no reimbursement of extraordinary child-rearing costs of the children will be allowed unless Mother submits proof of such expense to Father in writing within 120 days of the date said expenses were incurred.

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Form CCFC186 – Addendum to Parenting Plan Part B Vision Insurance

Case Information Mother:

Case Number

Exhibit Number

Father: County

1. Vision Insurance

You must check at least one of the following three boxes. Neither party is required to maintain vision insurance for the benefit of the children. A vision benefit plan is not available at reasonable cost through either parent’s employer or union. No support rights have been assigned to the state of Missouri and the Family Support Division is not providing support enforcement services to either party.

Father shall maintain and pay the cost of vision insurance with comparable or better benefits at comparable or reduced cost to that now in effect for the benefit of the children. If no vision insurance is now in effect, then Father shall obtain vision insurance if it is available at reasonable cost through his employer or union. The current cost of this vision insurance included on Line 6c of Form 14 is _____________ per month.

Mother shall maintain and pay the cost of vision insurance with comparable or better benefits at comparable or reduced cost to that now in effect for the benefit of the children. If no vision insurance is now in effect, then Mother shall obtain vision insurance if it is available at reasonable cost through her employer or union. The current cost of this vision insurance included on Line 6c of Form 14 is _____________ per month.

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