My wife and I do not have any minor children and we agree to file an uncontested divorce in about a week or so using the forms provided in the packet. We have a marital settlement agreement that we both signed and had notarized in which we agree that I will pay her post-divorce maintenance and we specified all of the terms for the payment of that maintenance (amount, frequency, start date & end date). The packet contains an annual income worksheet (form ud-8(1)) and a guideline maintenance worksheet (form ud-8(2)). The instructions in the packet do not indicate whether either of these forms needs to be prepared and filed by us because, in our case, we have agreed to payment of maintenance in our written agreement ... so we are not asking a Judge to calculate and award maintenance. Instead, we are just asking a Judge to approve our agreement for payment of maintenance. My question is: are we required to file both of these worksheets? or can we skip doing that because we have agreed to payment of maintenance in our marital separation agreement? Thank you very much for your help.
If you have a Stipulation of Settlement pertaining to maintenance you will not need forms ud-8(1) or ud-8(2).
Typical language in your proposed divorce judgment would be as follows:
ORDERED AND ADJUDGED that, with respect to maintenance and other matters, the Separation and Settlement Agreement dated XXXXX, a copy of which is on file with this Court and incorporated herein by reference, shall survive and not be merged in this Judgment, and the parties hereby are directed to comply with all legally enforceable terms and conditions of said Separation and Settlement Agreement as if such terms and conditions were set forth in their entirety herein, and this Court retains jurisdiction of this matter concurrently with the Family Court for the purposes of specifically enforcing such of the provisions of said Separation and Settlement Agreement as are capable of specific enforcement to the extent permitted by law with regard to maintenance, child support, custody and/or visitation and of making such further judgment as it finds appropriate under the circumstances existing at the time of application for that purpose is made to it, or both, and it is further
In my experience, even where parties have mutually agreed on the amount and term of maintenance, it is better to include the worksheets because some clerks will accept your papers without these backup documents while others will reject them. If your terms vary from the guidelines, simply acknowledge that there is a deviation and state the reasons for it.
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