EMAIL DETAILS

Hunter – please see the draft email to Kathleen’s lawyer. We need to respond on MONDAY. George

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Rebekah:

This email responds to your letter to Sarah and me dated January 29, 2019 asserting certain defaults by Hunter relative to the Marital Settlement Agreement (“MSA”) between Hunter and Kathleen.

With respect to Base Spousal Support, Hunter is able to make a payment in the amount of $[insert amount] on account of January 2019 by close of business on [insert]. On or by [insert date], Hunter shall make a payment of [$insert] on account of February 2109. Unfortunately, due in large part to the adverse publicity surrounding Hunter and Kathleen’s divorce stemming from Kathleen’s divorce-related pleadings, Hunter’s business suffered irreparably. Based on Hunter’s limited income, the Base Spousal Support is onerous, and Hunter requests that the Base Spousal Support be re-negotiated to reflect payments commensurate with his current circumstances. We appreciate Kathleen’s stated willingness to engage in good-faith negotiations in that regard and we are hopeful that we can arrive at a more sustainable level of support.

In your letter, you contend that Hunter breached section 16(e), which provides that Hunter provide certain documents “within three days of filing a tax return.” To date, Hunter has not yet filed his 2017 tax returns. Hunter is working with his accountant to file the necessary returns, and when they are prepared, Hunter will provide such documents to Kathleen, in accordance with this provision. In the interim, please identify what documents or information Kathleen needs with respect to 2017 tax year.

You also contend that Hunter has breached the MSA because he has allegedly failed to provide Kathleen with quarterly updates that Hunter’s life insurance policy is current and that Kathleen is the named beneficiary. The MSA requires no such quarterly reporting. Moreover, as of [insert date], the life insurance policy is in effect, and Kathleen continues to be the named beneficiary. Attached hereto are documents that demonstrate the policy effectiveness/beneficiary.

You contend that Hunter has breached section 21 relative to taxes. While we have seen notices of tax deficiencies for the 2015 tax period, we have not seen a copy of the tax lien allegedly attached to the Lake House. Please forward a copy at your earliest opportunity. If Kathleen is still pursuing a refinancing of the Lake House, Hunter will provide the necessary quit-claim deed, The MSA provides that the Quit Claim should be provided in connection with a (MSA, 9(b)(ii) ...”Contemporaneously with any refinance to remove Hunter’s name from the liability, HUnter shall execute a Quit Claim deed ....”).

We believe that the above items adequately address the “Immediate Issues” identified in your letter such that litigation will not be necessary. We firmly believe that litigation will be counter-productive.

Please contact me at your earliest opportunity to review our contentions with respect to this email, and to clarify any questions that you may have regarding same.

Thank you.