Question: Read the scenario below, then draft a settlement agreement as the Plaintiff's (Sarah Karen Allen) attorney. Be sure to make an equitable distribution of the
Read the scenario below, then draft a settlement agreement as the Plaintiff's (Sarah Karen Allen) attorney. Be sure to make an equitable distribution of the assets.
Sarah Karen Allen and John Frank Allen were married on June 13, 2007 at United Temple in Bibb County, Georgia. Together they have three children and they separated on August 28, 2023. Although Sarah and John have been married for approximately seventeen years, Sarah wants a divorce. She informs you that about this time five years ago, she discovered that John was having an affair with one of his colleagues at work. Sarah stayed with her husband hoping that this affair would end, and it did after a relatively short period of time. She insists, however, that since John's affair ended their marriage has existed in name only. John seems to have lost any love and compassion for Sarah and is no longer interested in Sarah or her needs. She also tells you that she has attempted numerous times to rekindle their marriage, but she has only failed miserably. Sarah goes on to let you know that she has just recently found out that John has been having an ongoing relationship with a neighbor. When she went to John to inform him that she was filing for divorce, he didn't contest her actions and told her to go right ahead. He then stormed out of their house. Though he won't contest the divorce, Sarah is unsure of how John will react towards paying spousal support. She believes he will be more than fair with child support payments and will allow her to be the primary caretaker of the children if she gives him liberal visitation rights. John, who's the primary income provider for the household, is employed at Nautical Logistics Corporation. He is the executive director of marketing. He grosses $97,000 annually. Sarah was a stay-at-home mom for the first five years of their son Michael's life. After Michael's sixth birthday, Sarah went back to school on a part-time basis to receive a bachelor's degree in Business Management. Upon completion of her degree, she started working as a Human Resources manager at a local company called Tailwind Express. She earned $39,000 annually. John insisted that she quit her full-time position to stay at home with their children. Sarah now works part-time at Tailwind Express at an annual salary of $18,200. She believes that John should pay her spousal support to make up the difference in her full-time and part-time salaries. Together Sarah and John brought a home in YR-14 in a suburban neighborhood within their city limits. When they purchased the home it was appraised at $204,000, but now because of the improvements and changes that has been implemented on the property, she believes it would sell for an amount closer to $250,000. Their mortgage is held by Bank One with a remaining balance of $132,000. Along with the remaining balance on their mortgage, John and Sarah have the following debts: American Depressed$3,734; Vista$391; Elder-Wineman$402; ServantCard$542. They also have a joint savings account with deposits totaling $17,050 and a checking account with deposits totaling $5,075. The Allen's own 125 shares of Casino and Gamble common stock, 247 shares of Everyday Electric common stock and 103 shares of Jackson and Jackson common stock, all of which were acquired during their marriage. John currently drives a year old Ford on which he owes a balance of $11,250; the car is in his name only. Sarah drives a four year old Saturn, on which she owes $5,000; her car is titled solely in her name. Through an inheritance, Sarah received a summer cottage on Lake Starville. The deed to the cottage is solely in her name. There have been no improvements made to the property since she inherited it. She also inherited several items of personal property that include an heirloom set of diamond earrings, three marquis cut diamond rings and a canary yellow diamond pendant. John is vested in a pension plan at his place of employment but she isn't certain about the current cash value. He also has an IRA account set up for Sarah and one for himself. They are each valued at $13,625. John's employer offers a benefit package that includes health insurance as well as a life insurance policy worth $250,000; Sarah is currently the beneficiary on the life insurance policy. John's health insurance policy provides coverage for his entire family. This coverage is paid for by his employer. Sarah has the option for an identical health insurance policy through her employer but at an additional cost of $187 per month. She will provide you with a total of all of the household bills and expenses. Sarah feels it would be in the best interest of their children for them to make their permanent residence with her in the house where they presently reside. She is very open with their children's visitation and weekend overnight stays with their father. She informs you that John can have a portion of their living room set, their entire bedroom set and any items in their home that he feels will help accommodate his own residence, as long as the items that he chooses doesn't deprive her and the children of the basic essentials needed in their home.
Additional Facts:
- Parties agree that Husband can have every other weekend, 10 days in the summer and alternate holidays.
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