MARY C. CORPORON #734
CORPORON & WILLIAMS, P.C.
Attorneys for Pebboner
808 East South Temple
Salt Lake City, Utah 84102
IN THE THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH
COLLEEN THOMAS COBABE, Petitoner,
DAVID JAMES COBABE, Respondent.
DECREE OF DIVORCE
Civil No. 964900402
Judge Frank G. Noel
Commissioner Thomas N. kneft, Jr,
THE ABOVE-ENTITLED MATTER having come before the court for pre-tial settlement conference on April 27,1998, petitioner appearing in person and by and through her counsel of record, Mary C. Corporon, the respondent appearing in person and by and through his counsel of record, Lori Clayton-Huber, the guardian ad litem, Sheleigh A. Chalkley, appeadng in behalf of the minor children prior to the hearing, and having stated her opinion regarding the custody and visitation arrangements, the parties having reached a settlement of all issues raised and outstanding in this case, the respondent having consented, among other things, tD entry of a judgn*ryt against him according to the terms of the partes' stipulation, the petboner having been swom and having testified in her own behalf, the court having heretofore made and entered its findings of fact and conclusions of law, based thereon and for good cause appearing;
IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
1. P46m is gr-antbd a decree of dit@ from the respondent dissolving the bonds of matrimony which heretofore existed between the partes, the same to become final and effective nunc pro tunc, December 31, 1997.
2. Pefdmer is awarded the temporary and permanent care, custody and control of the parties' four children: David James, born September 14, 1979; Robert William, born March 7, 1981, Thomas Michael, bom June 25, 1983; and Joseph Stephen, bom June 29, 1986, sunect to respondents rights of visitation as recommended by the guardian ad litem and the children's therapist.
3. Sheleigh A. Chalkley shall remain in this case as the guardian ad litem in behalf of the parses' children. The children shall continue in therapy with L.D.S. Social Services, as they have previously done. They shall continue visitation as recommended by the therapist and the guardian ad litem, or until further order of this Court Visftaton shall continue in this manner until recommended to be otherwise by the guardian ad litem, or until further order of this Court. The issue of the respondent s visitation with the parties'children shall be reviewable by this Court, upon motion of either party or the guardian ad litem, without the necessity of the showing of a substantial and matedal change in circumstances.
4. Respondent shall pay child support to the pettoner, in the sum of $1,352.00 per month, in conformity with the Utah uniform child support guidelines, until the children have reached the age eighteen, or graduated from high school in the normal course of their high school education, whichever event occurs later. Said support shall continue through June of 1998. Effective July 1, 1998, the support for the parses' children shall reduce automatically to the sum of $1,135.00.
5. Respondent is ordered to maintain health and accident insurance coverage for the benefit of the parbes' children, for the maximum time allowed by the insurance carrier, irrespective of the age of the children, as such is available to him through his employment, at reasonable cost The parties shall share equally in any medical, dental, orthodontic, opbmetric or psychotherapeubc expenses incurred for the benefit of the parses' minor children not covered by the policy of health and accident insurance, and each shall hold the other harmless on one-half of any such obligation, as and for additional child support. Respondent shall be given credit against his child support obligation to petitioner for one-half the costs of maintaining the children's health insurance, irrespective of the age of the children for whom that insurance is maintained. Respondent shall not be responsible for non-reimbursed medical or dental bills tor children who are over the age of eighteen and have graduated or should have graduated from high school in their expected year.
6. Petitoner is to be awarded judgment against respondent for child support and/or alimony arrearages accrued through the date of entry of the decree of divorce herein. Pettoner and respondent shall exchange an accounting of alleged child support arrearages and set-offs through counsel. In the event that they are unable to agree upon a subsequent judgment for support arrearages, then the issue of the calculation of those support arrearages shall be heard before this Court, upon the courts law and motion calendar, upon motion of either party or the guardian ad litem.
7. Neither party is awarded any alimony in this action, and petitioner shall be deemed to have waived any claim of alimony from respondent.
8 Respondenf s obligation to pay child support shall be collected through the Utah State Office of Recovery Services, and respondent shall pay and costs or fees associated with the necessity of collecting the child support through the Office of Recovery Services -
9. PeWner shall be permitted to claim the youngest child of the parties as a dependent for purposes of calculating her federal and state income taxation. The respondent is permitted to claim the older children of the parties as dependents for purposes of calculating his federal and state income taxation. At such time as there is only one child remaining who may be claimed as a dependent for calculatng income taxation, then the parties shall alternate claiming that child as a tax dependent, commencing with petitioner claiming ft child in the first such year that this event occurs, the respondent claiming the child in the next such year, and alternating thereafter until the child cannot be claimed as a dependent. In any event, respondent shall not be permitted to claim a child of the parties as a dependent for income tax purposes unless he is current in his total family support obligation at the conclusion of the calendar year for which the child or children are to be claimed as tax dependents.
10. Respondent shall pay one-half the expenses to the Church of Jesus Chdst of Latter Day Saints for the children's missions, while the parties' children are serving their missions, as, for and in lieu of additional family support.
11. The retrement plan or plans respondent has acquired through his current or former places of employment shall be divided equally between the parties, according to the Woodward formula, one-half to each. A qualified domestic relabons order(s) shall issue from this court, as necessary, to accomplish the disbibubon of refirernent.
12. The sale of the marital residence and distribution of these assets is confirmed in each, and is affirmed by the court.
13. The parties' division of their household furnishings, fixtures and appliances, and personal clothing and effects is confirmed in each, and each party is awarded those items of personal property in his or her possession as of April 27, 1998.
14. Each party is awarded his or her own motor vehicle, in his or her possession as of April 27, 1998, sunect to each party paying and assuming any indebtedness encumbering the tUe of his or her vehicle(s), and sunect to each party holding the other harmless on any such obligation.
15. Respondent is ordered to maintain life insurance in an amount sufficient to cover his outstanding child support obligation so long as it is available through employment on his own life naming the minor children of the parties as the sole primary beneficiaries or equitable beneficiaries of that life insurance, until the youngest child of the parties has achieved the age of eighteen years or graduated from high school, in due course, whichever event occurs later. He should provide proof annually such insurance is in full force and effect.
16, The bank accounts held for the children shall remain in trust for the partes' children, and the balance of the accounts, including principal and accrued interest, shall be distributed to the children upon the children achieving the age of eighteen years.
17. Respondent is ordered to reimburse the pettoner for one-half the sums paid by her during the separation of the parties, for debts incurred during the separation in #* sum of $1,036.85 within thirtydays of the date hereof, and in the event that he fails to do so, then judgment shall enter in favor of the petitioner and against the respondent for $1,036.85, said judgment to be interest beating at ff* postjudgment statutory rate until paid. Further, respondent is ordered to pay to pettoner $502.03 for medical bills incurred in behalf of the respondent and paid by petitioner, within thirty days of the date hereof, or judgment shall enter against him an additional $502.03, which judgment shall be interest bearing at the post-judgment statutory rate until paid. With these exceptions, each party is ordered to pay and assume his or her own debts and obligations incurred in his or her own name commencing with the date of filing of the complaint for divorce in this action, and each shall hold the other harmless thereon.
18. Respondent shall pay petitioner the sum of $1,500.00 representing a portion of her court costs and aftorney's fees incurred in this action. Respondent is granted thirty days from the date hereof to pay this sum to petitioner, and in the event he fails to do so within thirty days, then judgment for the sum of $1,500-00 shall issue in favor of the petitioner and against the respondent, which judgment shall be interest bearing at the post-judgment statutory rate, from the date hereof until paid. With this exception, each party is ordered to pay and assume his or her own court costs and attorney's fees incurred in this action, and each is ordered to hold the other harmless thereon.
19. Each party is ordered to execute and deliver any documents necessary to transfer bte or ownership of the property of the parties, pursuant to the decree of divorce.
20. Pettoner is restored to her surname "Thomas," and she shall be known from the date of entry of the decree as 'Colleen Thomas.'
DATED THIS - day of 1998. BY THE COURT:
HONORABLE FRANK G. NOEL Dist@ct Court Judge
LORI CLAYTON-HUBER Aftomey for Respondent
1. the under-signed, hereby G&* that I caused the foregoing Decree of Divorce postage pre-paid, to:
LORI CLAYTON-HUBER Aftomey for Respondent 136 South Main, Suite 414 Saft Lake City, Utah 841 01
SHELEIGH A. CHALKLEY Guardian Ad Litem 257 Tower, Suite 340 257 East 200 South - IO Saft Lake City, Utah 841 1 1
DATED THIS--L@- day of