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payment of alimony and child support, and custody of the
children. At least two written offers in settlement, the first
dated September 16, 1988, and the second dated January 13, 1989,
were proposed by petitioner’s divorce counsel. In proposing
alimony terms, the offers make no reference to the parties’
children. The first offer proposes a 10-year term for alimony
payments, and the second offer proposes a reduced amount to be
paid as alimony but is silent as to the period of time over which
payments are to be made. The settlement negotiations eventually
resulted in a settlement agreement between the parties which was
signed on April 17, 1989, and entered as part of the Final
Judgment and Decree of Divorce on April 18, 1989.
The settlement agreement required Mr. Shepherd to make
monthly payments, characterized as “alimony for the support and
maintenance of Wife”, in the amount of $2,400 to petitioner for
10 years beginning May 1, 1989, and ending April 30, 1999. Under
the agreement, the payments terminate immediately upon the death
of Mr. Shepherd or petitioner, or upon petitioner’s remarriage or
her engaging in “a meretricious relationship as defined by
O.C.G.A. �19-6-19”. The agreement also states that Mr. Shepherd
was under no obligation to make substitute payments following the
death of petitioner. The end of the 10-year period in which
petitioner was to receive the payments was within 6 months of
September 5, 1999-–Julie Shepard’s (Julie) 18th birthday.
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