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BE IT REMEMBERED, that on the 19th day of July, 2001, the following proceedings were had, to-wit:
JUDGMENT OF DISSOLUTIONNow on this 19th day of July, 2001, this cause comes on for hearing; Petitioner, Julie Marie Taylor, appearing in person and with her attorney, Robert Smith. Respondent, Brad Micheal Taylor, appearing in person and with his attorney, John Doe. Whereupon, all and singular the matters contained in the petition are submitted to the Court for trial. All parties announce ready for hearing. After hearing all the evidence and being fully advised in the premises, the Court finds that Petitioner has been a resident of the State of Missouri for more than 90 days next preceding the commencement of this proceeding and that more than 30 days have elapsed since the filing of the Petition. The Court finds that the Petitioner, Julie Taylor is not now pregnant. The Court finds that there remains no reasonable likelihood that the marriage can be preserved and that the marriage is irretrievably broken. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court that the parties hereto be and they are hereby granted the dissolution of their marriage and restored to all rights and privileges of single and unmarried persons. PROPERTY DIVISION: In regard to the marital property and after considering the following factors: 1. The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the spouse having custody of any children; 2. The contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as homemaker; 3. The value of the non-marital property set apart to each spouse; 4. The conduct of the parties during the marriage; and 5. Custodial arrangements for minor children. For purposes of sections 452.300 to 452.415 only, “marital property” means all property acquired by either spouse subsequent to the marriage except: (1) Property acquired by gift, bequest, devise, or descent; (2) Property acquired in exchange for property acquired prior to the marriage or in exchange for property acquired by gift, bequest, devise, or descent; (3) Property acquired by a spouse after a decree of legal separation; (4) Property excluded by valid written agreement of the parties; and (5) The increase in value of property acquired prior to the marriage or pursuant to subdivisions (1) to (4) of this subsection, unless marital assets including labor, have contributed to such increase and then only to the extent of such contributions. The Court orders the martial and non-marital property and indebtedness determined, divided, set over and allocated as follows: REAL ESTATE: The parties jointly own real estate located at 311 Carthage, Springfield, Greene County, Missouri 65804 legally described as follows:
The Court finds that said real estate has a current market value of $100,000.00 to $110,000.00 and is subject to a first mortgage to Superior Federal Bank in the approximate amount of $64,002.48 and a second mortgage to Beneficial Finance in the approximate amount of $ 5,890.00. The Court awards said real estate to Petitioner. Petitioner is ordered to assume and pay any indebtedness on said real estate and to hold Respondent harmless thereon. Respondent is ordered to transfer his interest in said real estate to Petitioner by executing a Quit Claim Deed. The parties own real estate located at 100 South Bay, Key West, Dade County, Florida 54878 legally described as follows:
The Court finds that said real estate has a current market value of $51,000.00 to $54,000.00 and is subject to a first mortgage to Country Wide Mortgage Co. in the approximate amount of $42,350.00. The Court awards said real estate to Respondent. Respondent is ordered to assume and pay any indebtedness on said real estate and to hold Petitioner harmless thereon. Petitioner is ordered to transfer her interest in said real estate to Respondent by executing a Quit Claim Deed. The parties own real estate located at 4859 Bancroft Court, Joplin, Missouri legally described as follows:
The Court finds that said real estate has a current market value of $65,000.00 to $68,000.00 and is subject to a first mortgage to First National Bank in the approximate amount of $48,560.00. The Court awards said real estate to Respondent. Respondent is ordered to assume and pay any indebtedness on said real estate and to hold Petitioner harmless thereon. Petitioneris ordered to transfer her interest in said real estate to Respondent by executing a Quit Claim Deed. The parties own real estate located at Baldknobbers Condo, Branson, Stone County, Missouri legally described as follows:
The Court finds that said real estate has a current market value of $50,000.00 to $55,000.00 and is subject to a first mortgage to Stone County Bank in the approximate amount of $28,600.00. The Court awards said real estate to Respondent. Respondent is ordered to assume and pay any indebtedness on said real estate and to hold Petitioner harmless thereon. Petitioner is ordered to transfer her interest in said real estate to Respondent by executing a Quit Claim Deed. HOUSEHOLD FURNISHINGS & PERSONAL PROPERTY: The Court awards Petitioner the personal property listed in Exhibit “A” attached hereto. The Court awards Respondent the personal property listed in Exhibit “B” attached hereto. AUTOMOBILES: The Court awards Petitioner the 1997 Mazda 929, which has an approximate market value of $13,000.00 and is subject to an indebtedness to Hometown Bank in the approximate amount of $3,400.00. The Court orders Petitioner to assume and pay any indebtedness and to hold Respondent harmless thereon. The Court awards Respondent the 1997 Acura 2.2CL, which has an approximate market value of $15,000.00 and is subject to an indebtedness to SMB in the approximate amount of $8,500.00. The Court orders Respondent to assume and pay any indebtedness and to hold Petitioner harmless thereon. The Court awards Respondent the 1982 Ford F150, which has an approximate market value of $1,500.00 and is subject to an indebtedness to First State Bank in the approximate amount of $475.00. The Court orders Respondent to assume and pay any indebtedness and to hold Petitioner harmless thereon. The Court awards Respondent the 1983 Fish & Ski, which has an approximate market value of $1,200.00 and is not subject to any indebtedness. BANK ACCOUNTS: The Court finds that Respondent shall have as his sole and separate property the checking account in husband’s name at Hometown Bank which has an approximate balance of $200.00. The Court finds that Petitioner shall have as her sole and separate property the savings account in wife’s name at Hometown Bank which has an approximate balance of $50.00. The Court finds that Respondent shall have as his sole and separate property the savings account in husband’s name at Southwest Missouri Bank which has an approximate balance of $140.00. The Court finds that Respondent shall have as his sole and separate property the checking account in husband’s name at Southwest Missouri Bank which has an approximate balance of $5.00. The Court finds that Petitioner shall have as her sole and separate property the savings account in wife’s name at Hometown Bank which has an approximate balance of $500.00. The Court finds that Respondent shall have as his sole and separate property the checking account in husband’s name at Bank Of Hollywood which has an approximate balance of $1,000.00. STOCKS, BONDS & OTHER MISCELLANEOUS INVESTMENT ACCOUNTS: The Court awards Petitioner any stocks, bonds or any other miscellaneous investment accounts in her name, including:
The Court awards Respondent any stocks, bonds or any other miscellaneous investment accounts in his name, including:
PENSION, IRA's, ANNUITIES, PROFIT SHARING, RETIREMENT PLANS: The Court awards Petitioner any pension, IRA's, annuities, profit sharing or retirement plan provided by her employers, past or present including the following:
The Court awards Respondent any pension, IRA's, annuities, profit sharing or retirement plan provided by his employers, past or present, including the following:
LIFE INSURANCE: The Court finds that Respondent shall have as his sole and separate property the policy with Direct, which has a face value of $100,000.00 and a cash value of $5,000.00. The Court finds that Petitioner shall have as her sole and separate property the Term Life policy with Met Life, which has a face value of $59,000.00. FINANCIAL OBLIGATIONS: In addition to the indebtedness previously mentioned herein, the parties are ordered to pay any and all of their own debts contracted since the date of separation as set forth in the Petition for Dissolution of Marriage. The Court orders Respondent to assume and pay the following indebtedness and to hold Petitioner harmless thereon;
The Court orders Petitioner to assume and pay the following indebtedness and to hold Respondent harmless thereon;
CHILD CUSTODY, VISITATION & SUPPORT: The Court finds that there were 2 children born of the marriage, namely Cooper Frederick Taylor, born 10-11-1994, Ronnie Thomas Taylor, born 10/11/1994. The Court finds that it is in the best interests of the children for Petitioner and Respondent to have joint legal care and custody of the minor children, with Petitioner to have primary physical custody, subject to the reasonable custody periods to Respondent as set forth herein. In determining the custody of the children, the Court has considered the wishes of the children's parents as to custody and the proposed parenting plan submitted by both parties; the needs of the children for a frequent, continuing and meaningful relationship with both parents and the ability and willingness of parents to actively perform their function as mother and father for the needs of the children; the interaction and interrelationship of the children with parents, siblings, and any other person who may significantly affect the children's best interests; which parent is more likely to allow the children frequent, continuing and meaningful contact with the other parent; the children's adjustment to the children's home, school, community; the mental and physical health of all individuals involved, including any history of abuse of any individuals involved; the intention of either parent to relocate the principal residence of the children; and the wishes of a children as to the children’s custodian. Prior to awarding the appropriate custody arrangements in the best interest of the children, the Court considered each of the following: joint physical and joint legal custody to both parents; joint physical custody with one party granted sole legal custody, joint legal custody with one party granted sole physical custody, sole custody of either parent; or third party custody or visitation. JOINT CUSTODY PLAN Petitioner and Respondent shall mutually exercise the joint care, custody, control and education of the minor children sharing the decision making rights, responsibilities and authority relating to the health, education and welfare of the children. This arrangement is to be established with the intention that both Petitioner and Respondent have a "co-parenting" atmosphere. RECOGNITION OF THE CHILDREN'S BEST INTERESTS: Recognizing the needs of the children to have a continuing relationship with each parent, both Petitioner and Respondent shall use their best efforts to foster the respect, love and affection of the children toward each parent and shall cooperate fully in implementing a relationship with the children that will give the children a maximum feeling of security. Each parent shall accommodate the social and academic commitments of the children. Each shall cooperate in order that the children shall have regular and frequent contact with both to the end that there shall be affection and respect between the children and the parents. Each party shall take no action which would demean the other. Petitioner and Respondent shall set aside any issues and feelings of mutual antipathy and marital discord toward each other for the sake of cooperating equally in the rearing of the children. CONFER ON MAJOR ISSUES: The parties shall confer with one another in the exercise of the decision making rights, responsibilities and authority and have an equal voice on issues regarding the children's training, education and rearing, including: the choice or change of day care facility, school, college, camp or other comparable summer activity, special tutoring, music, art, dance and other cultural lessons, psychological or psychiatric treatment or counseling, doctors, surgeons, and all other material decisions affecting the health, education and welfare of the children. OBLIGATION TO KEEP THE OTHER INFORMED: Both Petitioner and Respondent shall keep the other informed as to the exact place where each of them resides, the telephone numbers of their residences, their places of employment, and if either party travels out of town for any extended period of time, then such person shall notify the other of his or her destination and provide a telephone number where he or she may be reached. Each party shall keep the other informed as to the babysitters and child care facilities by providing, names, addresses, telephone numbers of such care-givers of the minor children. Each shall notify the other of any activity such as school conferences, programs, etc. where parents are invited to attend. The presence of each at such functions shall be encouraged and welcomed by the other. Each shall advise the other of any serious illness or injury suffered by the children as soon as possible after learning of the same and shall give the other the details of said injury or illness and the name and telephone number of the attending physician, if any. Each shall direct all doctors involved in the care and treatment to give the other all information regarding any illness or injury if either requests the same. CONSENT TO MEDICAL TREATMENT: The parties each consent to the acquisition of medical treatment by the other party without prior consultation or agreement from the other when a situation arises calling for such treatment. While thechildren are with that parent it the parties' intent to avoid the necessity of both parties consenting to medical treatment simply because a joint custody order has been entered. CUSTODY: Petitioner and Respondent shall schedule visitation on such terms as will allow, as closely as possible, the children to spend time with each of them as follows: The minor children shall spend time with Father on the following days and times: Every weekend: from Friday at 6:00 p.m. to Sunday at 6:00 p.m. Weekdays from Thursday after school to Friday morning The parties shall be entitled to other reasonable custody to be agreed upon by the parties. Said other reasonable custody shall be requested within forty-eighty (48) hours of the anticipated custody. In the event a custody period is made unavailable by virtue of a serious illness or injury of the children, the parties shall cooperate to implement a reasonable substitute custody period bearing in mind the best interest of the children. MODIFICATION OF CUSTODY: The parties shall have the right to alter, modify and otherwise arrange for specific custody periods on such terms and conditions as are conducive to the best interest and welfare of the children. EXCHANGES: All exchanges of the minor children shall occur at residence of Mother. If an exchange occurs at a location other than a parent’s residence, the parent scheduled to have time with the children shall pickup and return the children to the specified location and the other parent shall be responsible for assuring the children are at the specified location for pickup; unless other arrangements are described herein. TRANSPORTATION: Transportation arrangements for the children for all scheduled times, including weekdays, weekends, holidays and vacation times, shall be as follows: Father shall be responsible for transportation of the children at beginning of visit. Mother shall be responsible for transportation of the children at end of visit. Extraordinary Transportation Costs (bus, train, airfare) shall be shared between the parties with Mother paying 50% and Father paying 50%. HOLIDAY SCHEDULE: The holiday schedule allows each parent to share holidays and other special days with their children. FATHER EVEN YEARS
MOTHER EVEN YEARS
FATHER ODD YEARS
MOTHER ODD YEARS
Friday and Monday holidays include Saturday and Sunday. Holidays take precedence over regular parenting time. Holidays take precedence over vacation. If the scheduled holiday weekend causes either parent to lose his or her regular weekend time, the parent losing the regular weekend shall receive the other parent’s next regular weekend. VACATION SCHEDULE: The vacation schedule allows each parent to share vacation time with their children. Each parent may have parenting time with the children during the following vacation periods: Winter: The children shall spend 7 days with Mother and 7 days with Father during the Winter. The parents will make arrangements for specific dates and times no later than December 1st of each year. Spring: The children shall spend 7 days with Mother and 7 days with Father during the Spring. The parents will make arrangements for specific dates and times no later than December 1st of each year. Summer: The children shall be with Mother during June from June 1st until June 14th. The children shall be with Father during June from June 14th until June 30th. The children shall be with Mother during July from July 1st until July 14th. The children shall be with Father during July from July 14th until July 31st. The children shall be with Mother during August from August 1st until August 14th. The children shall be with Father during August from August 14th until August 31st. Other Vacation: any school holiday The children shall be with Mother during any school holiday from 9:00 a.m. until 9:00 p.m.. The children shall be with Father during any school holiday from 9:00 a.m. until 9:00 p.m.. Any vacation periods for which the parents do not make arrangements shall be scheduled as follows: In Even numbered years Mother shall determine the length and beginning and ending times for the other parent’s specified vacation time, and shall mail written notification of the scheduled arrangements to the other parent within 90 days of the scheduled vacation. In Odd numbered years Father shall determine the length and beginning and ending times for the other parent’s specified vacation time, and shall mail written notification of the scheduled arrangements to the other parent within 90 days of the scheduled vacation. CHANGES: The parent’s schedules and commitments may require occasional changes in the parenting time schedule. Parents shall attempt to agree on any changes, but the parent receiving a request for a change shall have the final decision on whether the change shall occur. The parent making the request may make such request in person/by phone/in writing to the other person. The request for changes shall be made no later than one week prior to the date of the requested change. The parent receiving the request shall respond no later than 24 hours after receiving the requested change. The response to the request may be made by phone. Mother and Father shall cooperate to allow the children to meet their school and social commitments. Any parent requesting a change of schedule shall be responsible for any additional child care or transportation costs resulting from the change. TELEPHONE CONTACTS: Father has the following telephone restrictions: Days and times of calls: 9:00 a.m. to 9:00 p.m. Restrictions: no phone calls after 9:00 p.m. DECISION MAKING: All reports and records shall be made available to Mother. All reports and records shall be made available to Father. Each parent shall make decisions regarding the day-to-day care and control of each child while the child is with that parent. Regardless of the decision making responsibilities stated in this parenting plan, either parent may make emergency decisions affecting the health or safety of the children. Each parent shall have access to medical and school records pertaining to the children and be permitted to independently consult with any and all professions involved with the children. The parents shall cooperate with each other in sharing information related to health, education and welfare of the children. Each parent shall be responsible for getting records and reports directly from school and medical care providers. Major decisions regarding the children may be shared as follows:
Each parent shall inform the other parent as soon as possible of all school, sporting and other special activity notices and cooperate in the children’s consistent attendance at such events. Each parent shall always keep the other informed of his or her actual residence address, mailing address if different, home and work telephone numbers and any changes within 30 days of such change occurring. Neither parent shall say or do anything in the presence of hearing of the children that would in any way diminish the children’s love or affection for the other parent and shall not allow others to do so. Neither parent shall schedule activities for the children during the other parent’s scheduled parenting time without the other parent’s prior agreement. The method by which information is communicated is as follows:
DISPUTE RESOLUTION: Parents shall attempt to resolve disputes through mediation by . This process shall be started by notifying the other party by: The cost of this process shall be divided as follows: Based upon each party’s proportional share of income. CHILD SUPPORT: The Court finds that the presumed correct child support amount as calculated by the parties pursuant to Section 452.340.8 RSMo. 1994, Supreme Court Rule 88.01, and Civil Procedure Form No. 14 is $1,200.00 per month; and, that after consideration of all relevant factors pursuant to Section 452.340.8 and Rule 88.01, is not rebutted as being unjust or inappropriate. The Court orders Respondent to pay to Petitioner the sum of $1,200.00 per month as and for support of the minor children. The payments shall commence the date of the entry of this Judgment of Dissolution and shall continue that same day of each month thereafter. Said child support payments are to continue until said children have reached majority, become emancipated in accordance with the statutory and case law of the State of Missouri or until further order of the Court. Said payments shall be made directly to the Circuit Clerk of Jasper County. In determining the amount of child support payable from Respondent to Petitioner, the Court has considered the financial resources of the children; the financial resources and needs of the parents; the standard of living the children would have enjoyed had the marriage not been dissolved; the physical and emotional condition of the children and their educational needs. By the authority of 452.350 RSMo, except in IV-D cases, the Respondent is hereby notified that his wages or other income shall be subject to withholding without further notice effective on the date of this Judgment. In accordance with Section 452.350.2(2) the Respondent is notified that should the obligation for support become a IV-D obligation then Respondent is ordered to notify the division of child support enforcement regarding the availability of medical insurance coverage through an employer or a group plan, provide the name of the insurance provider when coverage is available, and inform the division of any change in access to such insurance coverage. Petitioner is ordered to promptly notify Respondent of the occurrence of any of the above-stated reasons which would terminate or reduce Respondent’s liability for support payments. MEDICAL AND DENTAL EXPENSES: The Court orders Petitioner to cause said minor children to be covered by medical, health, dental and hospitalization insurance, in the form now provided her by her employer. Both parties shall cooperate in promptly executing forms for health care providers. The deductible and any non-covered health care expenses incurred by said minor children shall be divided as follows:
END OF JOINT CUSTODY PLAN RELOCATION: In the event either party relocates their principal residence, then you are advised pursuant to Section 452.377.11 RSMo. as follows: Absent exigent circumstances as determined by a Court with jurisdiction, you, as a party to this action, are ordered to notify, in writing by certified mail, return receipt requested, and at least 60 days prior to the proposed relocation, each party to this action shall notify the other of any proposed relocation of the principal residence of the children, including the following information: a. The intended new residence, including the specific address and mailing address, if known, and if not known, the city; b. The home telephone number of the new residence, if known; c. The date of the intended move or proposed relocation; d. A brief statement of the specific reasons for the proposed relocation of the child; and e. A proposal for a revised schedule of custody or visitation with the children. Your obligation to provide this information to each party continues as long as you or any other party by virtue of this order is entitled to custody of a child covered by this order. Your failure to obey this order of this court regarding the proposed relocation may result in further litigation to enforce such order including contempt of court. In addition, your failure to notify a party of a relocation of the children may be considered in a proceeding to modify custody or visitation with the children. Reasonable costs and attorney fees may be accessed against you if you fail to give the required notice. DEPENDENCY EXEMPTION: The Courts orders Petitioner to be entitled to declare the minor child, Cooper as Petitioner’s dependent on Federal and State Income Tax returns and to claim the accompanying deduction and tax credit. Respondent is ordered to execute and deliver to Petitioner IRS Form 8332. PROPERTY TAXES: The Court orders that each party pay their respective pro rata share of the 2002 personal property taxes based upon the assessed value of the vehicles awarded to each party. Each party shall pay their share prior to December 31, 2002. ATTORNEY'S FEES: The Court orders Respondent to pay to counsel for Petitioner the sum of $500.00 as and for a portion of Petitioner’s attorney fees. MAINTENANCE: The Court orders Respondent to pay to Petitioner the sum of $25,000.00 as and for maintenance. Said amount is due the date of the entry of this Judgment of Dissolution and if not paid, let execution issue therefore. Said maintenance obligation is non-modifiable. It is contemplated by and the intention and agreement of the parties that the amounts payable by Respondent to Petitioner under this Section shall be deductible on Respondent’s Federal and Missouri income tax returns and shall constitute income to Petitioner for Federal and Missouri income tax purposes. COURT COSTS: The Court orders Respondent to pay all court costs incurred herein. RESTORATION OF NAME: The Court orders Petitioner to be restored to her former name of Smith. The Court orders each party to sign any and all documents necessary to effectuate the terms of this Judgment Entry. The Court orders the Sheriff or other Law Enforcement Officer to enforce visitation or custody rights. The Court finds that this Judgment has disposed of all marital and non-marital property and debts. IT IS SO ORDERED. Dated this _______ day of April, 2002.
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EXHIBIT “A” ITEMS AWARDEDTO PETITIONERMARITAL:
NON-MARITAL: EXHIBIT “B” ITEMS AWARDED TO RESPONDENTMARITAL:
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