In accordance with the Parenting Plan, the parties shall be awarded joint
legal custody of the minor children of the parties. Pursuant to Utah Code Ann. § 30-3-
10.1, the term joint legal custody shall mean “the sharing of the rights, privileges, duties,
and powers of a parent by both parents”. In the event that the parties are unable to
reach an agreement relative to the minor children, Petitioner shall have the final
decision making authority.
9. Petitioner shall be awarded primary physical custody of the minor children
subject to Respondent’s reasonable rights of parent-time with the minor children as
described more fully in the Parenting Plan.
Petitioner is currently working on a part-time basis. For purposes of
calculating child support and alimony, Petitioner shall be imputed a gross monthly
income of $1,257.
11. Respondent is currently employed on a full-time basis and earns gross
income in the amount of $5,217 per month.
CHILD SUPPORT AND RELATED PROVISIONS
12. Pursuant to the child support obligation worksheet attached hereto as
Exhibit A, commencing April 2013, Petitioner shall be awarded base child support from
Respondent in the amount of $1,100 per month and continuing each month thereafter
until M.S.A attains the age of eighteen (18) years and graduates from high school with
his regular class, if later, or otherwise becomes emancipated, at which time child
support for K.D.A. shall be recomputed given the then financial circumstances of the
parties and the then child support obligation tables. Due to K.D.A.’s special needs,
mental incapacity, and developmental handicaps, child support for K.D.A. shall continue
each month thereafter until she reaches the age of twenty one (21) years in accordance
with Utah Code Ann. § 15-21-1, at which time child support will terminate
16. Respondent shall maintain and pay for medical and dental insurance
coverage for the benefit of the children of the parties for so long as a child may be
covered under the insurance policy.
17. The parties shall equally pay any out-of-pocket medical, dental,
orthodontic, mental health, or optical costs including co-payments, deductibles, and
uninsured costs incurred for the benefit of any of the children of the parties while the
child is covered under Respondent’s insurance policy.
18. If a party incurs medical or dental costs for a child, that party shall provide
written verification of the cost and payment of such to the other party within 30 days of
payment. The other party shall make reimbursement within 15 days of the written
verification being presented.
19. The parties shall equally pay any employment related child care costs.
20. The parties shall discuss in advance and agree on any extra-curricular
activity in which the minor children may participate if the activity affects the time the
minor children are with either parent and if each party will participate in the cost of the
activity. For such agreed upon extra-curricular activities, each party shall pay one half of
21. The parties shall equally pay the cost of registering the minor children for
school including book, lab, yearbook, activity, and similar types of fees.
ALIMONY AND RELATED PROVISIONS
22. Commencing April 2013, Petitioner shall be awarded alimony from
Respondent in the amount of $600 per month and continuing each month thereafter
until the earliest of the following events to occur: (i) Petitioner’s death; (ii) Respondent’s
death; (iii) Petitioner’s remarriage or cohabitation with a person as defined by law; (iv)
the expiration of a term no longer than four years from the date of entry of the Decree of
Divorce; or (v) further order of the Court modifying or terminating alimony based on a
substantial change in circumstances.
23. Respondent shall pay his alimony obligation in no more than two equal
installments payable no later than first and fifteenth days of each month.
24. Each party shall be responsible to maintain his or her own medical and
dental insurance coverage and each shall be responsible for his or her own uninsured
medical and dental costs.
25. Respondent shall maintain a life insurance policy on his life with a death
benefit in the amount of $300,000.00 naming Petitioner and the children of the parties
as the beneficiaries thereof during the period of time that Respondent is liable for any
amount under the terms of this Agreement.
PROPERTY AND DEBT DISTRIBUTION
26. During their marriage, the parties acquired certain real and personal
property which shall be divided between the parties as described below. During their
marriage, the parties incurred certain debts and obligations which shall be allocated
between the parties as described below. The party assuming a particular debt or
obligation shall indemnify and hold the other party harmless therefrom
Petitioner shall be awarded the residence
with a value of approximately $104,754 subject to
Petitioner assuming the mortgage in the amount of approximately $74,754 resulting in
equity of approximately $30,000. Respondent shall sign and deliver a quit claim deed
to Petitioner relative to the
Within sixty (60) days of the signing of this Agreement, Respondent shall
satisfy the entire balance of the home equity line of credit on the Residence which had a balance of $2,011 at the time of parties’
separation on October 1, 2012 an now has a balance of approximately $8,700.
Respondent shall be awarded the marital residence (I am currently occupying the resident home) subject to Respondent assuming and
paying the mortgage encumbering the residence. The parties agree that any equity in
the Residence is minimal. Petitioner shall sign and deliver a quit claim deed
to Respondent relative to the residence homewithin thirty (30) days of the entry of
the Decree of Divorce.
33. Petitioner has no retirement accounts. Respondent’s retirement accounts
including his Federal Employee Retirement System account and Thrift Savings Plan
shall be valued at or near the date of the entry of the Decree of Divorce and divided
equally between the parties. A Qualified Domestic Relations Order shall be entered as
34. The marital portion of Respondent’s defined benefit plan through the APS
Air National Guard shall be equally divided between the parties applying the Woodward
formula using the date of marriage and the date of the entry of the Decree of the
Divorce as the cutoff dates. A Qualified Domestic Relations Order shall be entered as