Ridgway Divorce

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Oct 08 10 04:04p = Kingfish pl 300K 0322 mscOG4 4 IN THE CHANCERY COURT OF MADISON COUNTY, MISSISSIPPI IN THE MATTER OF THE DISSOLUTION OF THE MARRIAGE OF SUSAN T. RIDGWAY TPLIES PIOSAL RIDGWAY, JR. CIVIL ACTION NO. 2008-200 ae DATE TE nivel FINAL JUDGMENT OF DIVORCE, AL = THIS CAUSE CAME ON FOR HEARING, this day upon the pleading filed herein by SUSAN T. RIDGWAY and JULIUS MOSAL RIDGWAY. JR. The Court, having heard and considered the matter, finds thatit has jurisdiction of the parties hereto and the subject matter herein, and the Court further affirmatively finds that the parties have made adequate and sufficient provisions by written agreement for the settlement of all property rights and any and all other rights, existing between them that the grounds alleged of irreconcilable differences for divoree are well- taken and so found by this Court, and the court further finds as follows: i ‘The parties were and have been actual adult bona-fide residents of the State of Mississippi for more than the six (6) months next preceding the commencement of this suit, and that the Wife currently resides at 418 Wood Dale Drive, Hinds County, Mississippi 39216, while the husband currently resides at 709 Arlington Court, Madison, Madison County, Mississippi 39110. 2. ‘The parties are both members ofthe Caucasian race and are white, were heretofore lawfully married to each other on December 27, 1997, in Vero Beach, Florida, and one child has been born oftheir marriage union, namely: Colin McRae Ridgway, amale child, aze two (2) years, having been bom on July 7, 2005. The parties would show that no children are expected to be born of this ‘marriage union, and that the Wife is not now pregnant. The parties would further show that they 1 Oct 08 10 04:04p = Kingfish pe K O32 20045 shave not participated as a party, witness, or any capacity in any other litigation concerning the custody of said minor child in this or in any other state; that the parties have no information of any custody proceeding concerning the minor child pending in any Court of this or any other states and the parties do not know of any person, not a party #o these proceedings, who has physical custody ofthe minor child or who claims to have custody or visitation rights with respect to said minor child. 3 ‘The Co-Plaintifis now charge and allege that during the aforesaid period of the married life ofthese parties and just immediately preceding the date on which these parties ceased normal marital cohabitation and separated on or about February 8, 2008, in Madison County, Mississippi, jrreconcilable differences and certain other problems and disputes arose between them which made itimpossible for them to continue to live together es husband and wife, and the parties now believe and maintain that their marriage has suffered an irremediable breakdown and that there is no basis «for reconciliation between them of their marriage or of their differences. Co-Plaintffs are fully advised and believe that they are entitled to a divorce om the ground of irreconcilable differences, as provided by Miss. Code Ann, §93-5-2 (Rev. 2002). 4 “The Child Custody and Property Settlement Agreement entered into by and between the parties on or about April 24, 2008, contains adequate and sufficient provisions with respect to the custody and maintenance of the minor child of the parties and for the settlement of all property rights existing between the parties, and should, therefore, be confirmed, approved and adopted by this Court as part of its Final Judgment. ITIS, THEREFORE, ORDERED AND ADJUDGED that the parties be, and they arc hereby awarded a divorce absolute of and from each other on the ground of irreconcilable differences, and wo Oct 08 10 04:04p = Kingfish ps 322 eceG016 a3 of matrimony heretofore existing between the parties are hereby dissolved and held for i naught. IT IS FURTHER ORDERED AND ADJUDGED that the Child Custody and Property Settlement Agreement executed by the parties on or about April 24, 2008, be, and the same hereby is, approved, confirmed and adopted by this Court in all respects. Each party is specifically ordered and directed by this Court to do all things agreed to by him or her under and by virtue of all the terms, provisions and conditions contained in said Agreement, The original Agreement attached hereto as Exhibit “A” is hereby incorporated into and made part of this Final Judgment. I IS FURTHER ORDERED AND ADJUDGED that each party shail keep the other informed of his/her full address, including state, city, street, house number, and telephone number. ifavailable, unless excused in writing by this Court. Within five (5) days ofa party changing his/her ‘address, he/she shall notify in writing the Cletk of the Madison County Chancery Court of his/her fall new address and shall furnish the other party with a copy of such notice, The notice shall include the court file number in order for the Clerk to docket and file such notice in this action. pif L SO ORDERED AND ADJUDGED, this the (2 day of _/f A, (7 2008. AG Cs tek. Vea ane Approved and Agreed: Ly (2. Kit bud SUSAN T. RIDGWAY OL Ui va MOSAL RIDGWAY, JR. Oct 08 10 04:04p = Kingfish pa 300K 03.22 pageOOL7 ee LC. Jam Alicia C. Baladi, MSB #9788 JAMES & O'BRIEN FAMILY LAW GROUP. P.O. Box 2623 Rigeland, MS 39158-2623 Telephone (601) 952-0050 Fax (601) 952-0904 ATTORNEYS FOR SUSAN, RIDGWAY ‘William C. Bell, MSB #9328 ATTORNEY AT LAW 406 Orchard Park - 1" Floor, Ridgeland, MS_ 39157 Post Office Box 1876, Ridgeland, MS 39158 ‘Telephone: 601-956-0360; Facsimile: 601-978-1770 ATTORNEY FOR JULIUS MOSAL RIDGWAY, JR. Oct 08 10 04:04p = Kingfish pS aon 0 32 decc0048 April 24, 2008 EXHIBIT "A" a CUSTODY AND PROP ETTLEMENT AGREEMENT THIS AGREEMENT, made and entered into in Madison County, Mississippi, on this the nytt QL” day of _ baci. / 2008, by and between SUSAN T. RIDGWAY, hereinafter referred to as the “Wife,” and JULIUS MOSAL RIDGWAY, Jr. , hereinafter referred to as the “Husband,” as follows, to-wit: WHEREAS, the parties hereto are Husband and Wife, having been duly and Jegally married to cach other on the 27* day of December, 1997, in Vero Beach, Florida, and, WHEREAS, as a result of said marsiage union, one (1) child bas been born, namely: Colin McRae Ridgway, age two (2), having been bor July 7, 2005. No other children are to be born of this marriage union, for the Wife is not now pregnant. WHEREAS, certain unhappy and irceoncilable differences and other disputes have arisen between the parties hereto, as a result of which they have ceased their marital cohabitation and seperated in Madison County, Mississippi on or about February 8, 2008, and the parties have not cohabited since that date; and, WHEREAS, it is the intention of the parties to remain separated, for there is presently no basis for reconciliation between them of their marriage or of their differences, and each is anxious to male adequate and sufficient provision for the custody and maintenanee of their minor child and for the settlement of all property rights, homestead rights, rights of inheritance from the other and any and all other rights and obligations existing between the parties and arising by virtue of their marriage contract and relationship. sme gt Oct 08 10 04:05p = Kingfish pé p00K O32 2 pascO019 April 24, 2008 ‘NOW, THEREFORE, in consideration of the premises, and the mutual promises and ‘undertakings herein contained, and the rmuual benefits aceruing to each party, and for other good and valuable considerations, the receipt and sufficiency of all of which is hereby acknowledged, Fiusbond and Wife, having been given an opportunity to consult with an attorney of his or her choice ‘regarding the provisions contained herein, and further recognizing and acknowledging thatthe Wife alone has been represented and advised by the law firm of James & OBrien Family Law Group, attomeys and counselors of law in the State of Mississippi, and that the Husband alone bas been represented and advised by Honorable William C. Bel, attomey and counselor of law in the State of Mississippi. WHEREAS, the Husband and Wife freely and fully accept the provisions and terms and conditions hereof and covenant and hereby agree as follows: PEA ‘That the parties may, and shall, at al times hereafter, live separate and apart, and each shall be free from interference, authority and control, direct or indirect, by the other, as fully as if he or she were never married. The parties shall not motest or interfere with each other, nor shall either of thom compel or attempt to compel the other to cohabit or dwell with him or her by any means whatsoever, and each party shall respect the privacy of the other. Each party shall live at suck place or places as he or she shalt select, except as hereinafter specifically provided. Soint 9 me 7h ‘The parties agree that they shall have joint legal and physical ‘custody of their minor son, 2. CUSTODY Colin, as defined by Mississippi Code Annotated § 93-5-24, and their custody of said child shall be shared and exercised in such a way that the physical custody of said child shall be shared as follows: sk Page 2 of 18 (thn é SIR Oct 08 10 04:05p- Kingfish p7 soak OS 2QeMEG OL? Gy 4 @ b) © @ April 24, 2008 Except as superseded by holidays and certain weeks in the summer, physical custody curing a fourteen (14) day cycle shall be as follows : Husband: Tuesday from 6:00 p.m. to Friday at 6:00 p.m.; “Wife: Friday at 6:00 p.m. to Sunday at 6:00 p.m.s Husband: Sunday at 6:00 p.m, to Tuesday at 6:00 p. Wife: Tuesday at 6:00 p.m. to Friday at 6:00 pms Husband: Friday at 6:00 p.m. to Sunday at 6:00 p.m.s Wife: Sunday at 6:00 pm. to Tuesday at 6:00 p.m, During the summer months, the parties shall continue to utilize the fourteen (14) day cycle as set out hereinabove. Husband and Wife agree, however, that they will cooperate and agree on two (2) blocks of custody time for the other during the summer of one (1) week per block, with the Wife to select her two (2) separate ‘weeks upon thirty (30) days notice to the Husband, who will then select his two (2) separate weeks; The Husband shall have the minor child during the child's spring break in odd- numnbered years, beginning at 5:00 pm. on the day school recesses for spring break and ending at 5:00 p.m. on the day before school resumes, while the Wife will have the right to have said child with her during spring break in even-numbered years; The Husband shail have approximately one (1) full week during the Christmas Holidays in odd-numbered years, beginning at 2:00 pm. on Christmas Day and ending at 6:00 p.m. New Year's Eve, while the Wife shall have the child, Colin, with her dusing the balance of the Christmas holidays in odd-numbered years: the schedule is reversed in even-numbered years, with the Wife having approximately cone (1) full week during the Christmas Holidays in even-numbered years, beginning at 2:00 p.m. on Christmas Day and ending at 6:00 p.m. New Year's Eve, while the Page 3 of 18 pilnn Oct 08 10 04:05p- ® () @ 4 2 » Kingfish pe 800K 03.2 2 oe ( 02 April 24, 2008 Husband shall have the child, Colin, with him during the balance of the Christmas Holidays in even-numbered years; Husband shall have the minor child with him during the Thanksgiving Holidays in odd-numbered years, beginning at 6:00 p.m. on the Wednesday immediately preceding Thanksgiving Day and ending at 6:00 p.m. on the Sunday immediately following, while the Wife shall have said child with her during the same time period in even-numbered years; Husband shall bave the minor child during the Easter Holidays in odd-numbered ‘years, beginning at 6:00 p.m. on Good Friday and ending at 6:00 p.m. on Easter Sunday, while the Wife will always have the right to have said child with her during the Easter Holidays in even-numbered years; Other major holidays including, but not necessarily limited to, Independence Day (uly 4" Memorial Day, Labor Day, shall be alternated by and between the parties: + ‘The Husband will always have the right to have said child in his custody on Father's Day weekend beginning at 6:00 pm. on Friday and ending at 6:00 pm. on Sunday, while the Wife will always have the right to have the child with her Mother's Day weekend; ‘The parties agree to hold a joint birthday party for Colin through his tenth (10°) birthday. Outside of the time for the joint birthday party, the parties agree 10 equally divide time with Colin on his birthday. ‘The Husband shall have the right to have the minor child on Husband’s birthday, while the Wife shall have the right to have the minor child with her on her birthday; Page 40f 18 ( ll i Oct 08 10 04:05p- aook 03 a ® 22eeGO2 Kingfish ps April 24, 2008 ‘The Husband and the Wife shall exert every reasonable effort to maintain open communication between the child and the other parent and to foster a feeling of affection between said child and the other parent, and the parties shall meke reasonable efforts to consult with each other with regard to the child's education, illnesses, operations, and other matters of similar importance affecting said child, whose well-being, education and development shall at all times be the paramount consideration of both parents. Neither Husband nor Wife shall do anything that may estrange or alienate the minor child from the other party or to injure the minor child's opinion as to their parents, or which may hamper the free and natural development of the child's love and respect for both parents, Each party shall make a reasonable and diligent effort to keep the other parent informed of the child's school programs and sporting events so as to afford the other parent an opportunity to attend and participate, Each party shall have access to the school and medical records of the child; Husband and Wife understand and agree that their respective schedules will change from time to time. As such, Husband and Wife agree to cooperate by agreeing to changes in the custody schedule from time to time; and, Neither party shall permit the child to be exposed to the use of illegal dmugs, excessive alcohol, smoking or ovemight visitation by a member of the opposite sex not related by blood or marriage. 3. CHILD SUPPORT “The Husband agrees to pay to the Wife, as a form of cash monthly child suppoct, the sum of Fifieen Hundred Dollars ($1,500.00) per month, beginning May 1, 2008, and continuing on the first day of every month after, until said child has reached his majority or is otherwise emancipated; str S7* Page 5 of 18 MR Oct 08 10 04:05p = Kingfish p10 ao0k 03.2 2prce 0023 April 24, 2008 provided further, however, that during any full month that the child is enrolled in college and living away from the homes of the parents, the Husband will be allowed to reduce his child support payment by one-half. This child support provision is intended to substantially comply with existing statutory child support guidelines, while also taking info consideration the additional financial obligations of the child to be paid by the Husabnd under the terms of this Agreement, the legitimate needs of the child, the age of the child, the custody arrangement provided for in this agreement, and other relevant factors. 4 S ‘The Wife and Husband shall alternate the dependent exemption of the minor child, Colin, for income tax purposes, with the Wife having Colin for even-numbered years and the Husband to be allowed to claim Colin in odd-numbered years; provided further, however, that if claiming Colin con the Husband's income tax does not result in any real tax benefits and/or savings to the Husband, ' he shall then allow the Wife to claim Colin even during odd-numbered years. 5. EDUCATIO’ ‘The Husband further agrees to pay, as and when due, one hundred percent (100%) of all costs and expenses associated with providing the minor child of the parties with an education at a private kindergarten and/or school through high school. Those expenses to be paid by the Husband will include, but not necessarily be limited to, registration fees, tuition, books, uniforms, extra- curricular fees and tutoring. Also, recognizing the importance of a college education, the Husband agrees to pay, as and when due, all costs and expenses associated with providing the minor son of the parties with a college education through a Bachelor degree at a college or university. Those expenses to be paid by the Husband include, though not necessarily be limited to, registration fees, tuition, room and board, books, Jab fees, transportation, and society dues. The Husband may utilize sTRSTR. Page 6 of 18 IMR Oct 08 10 04:06p = Kingfish pAlt anon 3.22 ate a April 24, 2008 the funds on deposit in the UMTA account established for Colin to pay and/or defray Colin's college expenses, with any remainder to go to Colin upon graduation. 6, HEALTH INSURANCE The Husband agrees to maintain in fall force and effect his present policy of health and hospitalization insurance, or a similar policy, for the benefit of the minor son during his minority (even beyond age twenty-one if enrolled in college and if allowed to do so by his insurance carrier), and the Husband further agrees to pay, as and when due, the deductibie and one-half (/4) of all reasonable and necessary medical, doctor, hospital, dental, orthodontic, optical, psychological, and/or prescription drug expenses which are not eovered and/or reimbursed by said insurance, while the Wife will pay the remaining one-half (4). The Husband will provide the Wife with a copy of his ‘health insurance policy, insurance cards and any forms necessary for her usc in obtaining health and medical related services for the child, and the Wife in turn, will promptly submit to the Husband copies of any and all health or medical bills incurred by her for said child, and the Husband will then promptly pay and/or reimburse the Wife his portion of ny such expenses advanced or paid by her cout of her own pocket “The Husband further agrees to cooperate fully and completely with the Wife in allowing hee 10 convert to an individual policy off of his group plan, or at her option and preference, to allow her to obtain individual coverage with an insurance carrier of her choice with comparable Reno) ai le nu Boo pen month te Wife treads coverage, and the Husband will pay, 4 ES Tie rh rigs ait ife’s owtles coverage for a period of eighteen months (18)-years-foll y LO cctson of the marriage of the uncovered expenses, 7 [RE INSURANCE str Stk Page 7 of 18 oi parties. The wife will be responsible for paying her own uninsured,medical, dental and co ON fl § Oct 08 10 04:06p = Kingfish ple poo 0322 pce0025 April 24, 2008 ‘The Husband agrees to maintain in full foree and effect his present policy of insurance on his life with Pradential in the amount of One Million Dollars ($1,000,000.00), naming the minor son, Colin, as primary beneficiary of Seven Hundred and Fifty Thousand Dollars ($750,000.00) of said amount and the Wife as trustee of any funds which might be paid to or for the benefit of said child during his minority, while designating the Wife as beneficiary of Two Hundred Fifty ‘Thousand Dollars ($250,000.00) of said insurance until he bas fully satisfied all of his financial obligations to her under paragraphs 11 and 12 of this agreement. The Husband will provide the Wife vith a copy of said life insurance policy as well as written verification upon periodic requests by her and/or her representative that said policy is, in fact, being maintained in full foree and effect. The Husband will not cancel, terminate, assign, borrow against or otherwise encumber said policy “without the consent of the Wife. 8.Al DMOBILES ‘ ‘The Husband agrees that as and when the minor son, Colin, obtains 2 valid operator's license, he will purchase for said child a safe, competent automobile to be selected by the Husband and the child in the mid-price range, and the Husband will pay all costs associated with said vehicle and the child’s operation of same, including insurance, taxes and gasoline. The Husband further agrees to make available to the Wife's daughter, Susannah, upon said child’s entry into college, a replacement vehicle in the Eighteen Thousand Dollar ($18,000.00) price range, but he will have no other obligations associated with said vehicle once it has been titled to Susannah, The Husband sball continue to make available to Susanna the Volkswagen Jetta automobile, which is presently in her possession, until she receives her replacement vehicle. The Husband shall retain the exelusive use, possession, control and ownership of the 2008 Ford F-250 truck, as well as the race ear and trailer, while the Wife shall retain exclusive use, possession and contro! of her Volvo automobile, free and sx ST Page 8 of 18 (ina Oct 08 10 04:06p = Kingfish AS Pp. aook 032 2 paceOO clear of all liens. April 24, 2008 9. MARI ICI ‘The parties presently own jointly the masital domicile located at 709 Aniington Court, Madison, Madison County, Mississippi 39110, and the Wife agrees that the Husband is entitled to ‘and shall retain, as a part of his share of the marital property, the exclusive use, possession and control of said home and real property, and in accordance therewith, the Wife agrees that within ten. (10) days following the dissolution of the marriage of the parties, she will convey to the Husband by Quitelaim Deed or other appropriate instrament of conveyance ber undivided one-half (/) interest together with any and all other interest which she might have in and to said property, and the Husband will assume and be responsible for paying, as and when due, any and all indebtedness associated with said home and property, including, but not necessarily limited to, mortgages, home equity loans, taxes, insurance, ete holding the Wie harmless from any further Tiability thereon, while also obtaining the Wife's full release from any instruthent of indebtedness associated with said property within ninety (90) days following the execution of this agreement. 10, HOUSEHOLD CONT! 'D PERSO! ROP! TThe parties agree that the Hosband is entitled to and shall retain, as a further part of his share of the marital property, the exclusive use, possession, control and ownership of all household goods, furnishings and appliances located in and around the marital domicile, except for those items listed on Exhibit | to this Agreement, which, together with her own personal property owned by her prior to the maztiage and/or gifted to her, constitute part of the separate personal property of the Wife, and which items may be removed by her with the full cooperation of the Husband within sixty (60) days following the execution of this Agreement. 1. LUMP SUM PROPERTY SETTLEMENT sm 1% Page 9 of 18 Gil Oct 08 10 04:06p = Kingfish pla 300k O32 2 pce bO27 April 24, 2008 Asa part of the equitable distribution of the marital assets, the Husband agrees to pay to the Wife, the sum of Two Hundred Sixty-Five Thousand Dollars ($265,000.00), with One Hundred and Sixty-Five Thousand Dollars ($165,000.00) of seid amount due and payable within ten (10) days following the entry of the Judgment of Divorce and the balance of One Hundred Thousand Dollars ($100,000.00) may be satisfied by him through 2 transfer of said amount under the terms of Qualified Domestic Relations Order to be prepared by the Husband’s attomey and entered within thirty (30) days following the dissolution of their marriage, but not later than May 30, 2008. 12. LUMP SUM ALIMONY. ‘The Husband agrees to pay to the Wife, as a form of lump sum alimony, the additional sum ‘of One Hundred and Thirty Five Thousand Dollars ($135,000.00), with One Hundred Three ‘Thousand Five Hundred Dollars ($103,500.00) of said amount to be paid in cash within thirty (30) days following the dissolution of the marriage of the parties, and the balance to be paid in the foom ofa transfer of fifteen hundred (1,500) shares of Trustmark stock from the Husband to the Wife, free of any liens, within ten (10) days following the dissolution of their marriage. REM NINC [TION SETS: During the course of the marriage, the Husband has accumulated cectain funds in his SEP - TRA account with Schwab in the amount of approximately Two Hundred Twenty-Seven Thousand Four Hundred Dollars ($227,400.00), and the Wife agrees that the Husband is entitled to and shall retain the exclusive ownership of the balance remaining in said document after rolling over to the “Wife hor designated portion of said finds, asa part of the Husband's share of the marital property. Moreover, except and unless otherwise specified herein, the Wife hereby waives, surrenders, elinguishes and gives up any claim, interest and/or demand which she might have in and to any sin Sit Page 10 of 18 f MR Oct 08 10 04:06p == Kingfish AS, Pp. s00k 0322 EGO LS April 24, 2008 other assets held by or for the exclusive benefit ‘of the Husband, including, but not necessarily limited to, his checking accounts, savings accounts, ‘stock accounts. retirement accounts, and ‘business related accounts and/or assets, as Well as any spousal benefits and/or survivorship Fights in and to same. The Husband, except and unless. otherwise specified herein, also hereby waives, surrenders, relinquishes and gives up any claim, interest and/or demand which he might have in and ‘to any other assets held by or for the exclusive benefit of the Wife, including, but not necessarily limited to, her checking accounts, savings accounts, stock accounts, retirement accounts, and business related accounts and/or assets, as well as any spousal benefits and/or surv ‘ivorship rights in and to same. de Except as otherwise specifically mentioned berein, Husband and Wife each relinquish any claim that they might have, or may have in the future, against any cash accounts, checking accounts, savings accounts, certificates of deposit, bash money, stocks, bonds, IRA accounts, pension funds, life insurance funds, real property, retirement funds or any ‘other accounts, funds or securities which are currently held in the name of the other party, or which one party transfers to another in this Child Custody and Property Settlement Agreement, or which are not mentioned herein but may come into possession of the other party in the future. 1s Except and unless otherwise specified herein, each party shall pay, 2s and when due any and ail outstanding indebtedness incurred in his or her name alone, holding the other party harmless from any liability thereon. ‘The parties further covenant and agree to hold the other party harmless and indemnify the other against any loss, cost or expense, including legal fees and expenses, with regard to any and all sft Page 11 of 18 Ciffen STR,

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