OF DECREE OF DISSOLUTION
In the Matter of the Marriage of
Joe Smith, Petitioner
Jane Smith, Respondent.
THIS MATTER came before the Honorable Judge on November 2, 199*, on Petitioner and Respondent's motion to modify the decree herein with respect to child custody and related matters. The Petitioner appeared personally and by and through lawyer X, and the Respondent appeared personally and by and through lawyer Z. The Court heard evidence adduced by the parties and argument of counsel and took the matter under advisement pending a psychological evaluation of the parties.
Thereafter, the parties affixed their signatures to this document 2 stipulating to this modification of dissolution decree.
The Court finds:
Both parties have filed motions to terminate joint custody which constitutes a substantial change of circumstances since this matter was last before the Court.
Respondent is employed by A and earns approximately $x per month. Petitioner is employed by B and earns approximately $y per month. Child care is $200 per month. There is no medical insurance expense. Child support under the guidelines would be $z but considering the debt load of the Petitioner and the substantial amount of time he will have the children it would be unjust to require payment of such child support. Payment of $150.00 per month per child as support for a total $300.00 per month is appropriate.
NOW, THEREFORE, IT IS HEREBY ORDERED that the decree hereinbefore entered and all provisions relating to custody, visitation, and child support are modified to the following:
CHILD CUSTODY. Effective as of April 8, 199*, the Respondent be and hereby is awarded the care, custody, and control of the minor children of the parties, to-wit, female daughter 1, born 198*, and female daughter 2, born 199*, subject to liberal visitation by Petitioner which shall include the following:
Commencing on April 15, 1994, weekend visitation on alternate weeks from Friday after school until Monday morning at 8:00 a.m., or if during the school year, he shall deliver said children to school and/or Respondents day care provider.
Every Wednesday evening from after school until Thursday morning at 8:00 a.m., or if during the school years he shall deliver said children to school and/or Respondents day care provider.
Each year the period from 8:00 a.m. on July 1 for a period of six weeks, except that during said period Respondent shall have seven overnights with the children, the dates of which shall be determined by Petitioner who shall notify Respondent by not later than July 1 as to said dates.
During a three week period immediately preceding Petitioner's summer visitation or immediately succeeding Petitioner~s summer visitation, Respondent shall have the children for a consecutive period during which the Petitioner will have his normal visitations except that Respondent may choose one weekend and two Wednesday evenings during said three week period when he shall not have his regularly scheduled visitation. Respondent shall notify Petitioner by April 1 of each year as to the dates when he will not have his regularly scheduled visitation that summer according to this paragraph.
In odd years:
Christmas vacation from 10:00 a.m. on Christmas Day for a period of five days until 7:00 p.m. on the last day;
Thanksgiving vacation from 7:00 p.m. on Wednesday until 8:00 a.m. on the following Thursday;
Memorial Day weekend from 5:00 p.m. on Friday until 8:00 a.m. on the following Thursday;
Each child's birthday from 5:00 p.m. until 9:00 p.m. (unless the birthday falls on a weekend, in which case visitation shall be from 10:00 a.m. until 9:00 p.m.) . Neither party shall attend birthday parties for the children given by the other parent except at the specific invitation of the parent giving said party.
In even years:
School spring vacation from 5 00 p.m. on Friday until 5:00 p.m. on the last Sunday of the period (9 days);
Christmas vacation from 5:00 p.m. of the last school day before the holiday until 10:00 a.m. on Christmas Day;
Labor Day weekend from 5:00 p.m. of the last school day before the holiday until the following Thursday at 8:00 a.m.
In each year:
Petitioner's birthday (February 25) from 5:00 p.m. until 9:00 p.m. unless it falls on a weekend in which case visitation shall be from 10:00 a.m. until 9:00 p.m.
Father's Day each year from 10:00 a.m. until 9:00 p.m.
Respondent shall have the children in each year:
Respondent's birthday on October 6 from 5:00 p.m. until 9:00 p.m. unless it falls on a weekend in which case visitation shall be from 10:00 a.m. until 9:00 p.m.
Mother's Day each year from 10:00 a.m. until 9:00 p.m.
Petitioner may visit the children at school or day care whenever such is not inconvenient for the day care provider or teacher.
The following visitation conditions shall also apply:
The transfer of the children shall be at the day care provider or by pick up or delivery at school as set forth herein.
Petitioner will provide all toys and clothes for use by the children when the children are with him except that bicycles, bicycle helmets, winter jackets, and the children's favorite toys shall go back and forth as presently occurring.
The children will not be permitted to determine whether they wish to visit with the other parent at the allotted times. Personal plans of the parent or children, school activities, church activities and other considerations will not be reasons for failing to adhere to the visitation schedule set forth in this order. only substantial medical reasons will be considered sufficient for postponement of visitation. In the event the children are ill and unable to visit, however, a make up visitation will be allowed which the parties shall negotiate. However, if a party fails, for any reason, to exercise his or her time with the children, there will be no make-up visitation. Holiday visitation shall overrule the other visitations and there shall be no make-ups with respect to such.
Each party will provide addresses and contact numbers to the other party for the period of visitation and a parent shall notify the other parent of any changes therein, and of any emergency circumstances, emergency medical treatment, or substantial changes to the health of the children when the children are with said parent.
The Petitioner shall, in addition to the visitation set forth in this order, have the unlimited right to correspond with the minor children of the parties and to telephone the minor children during reasonable hours without interference of monitoring by the custodial parent or anyone in any way. Telephone conversations between the non-custodial parent and the children shall be limited to not more than three per week and shall be, in total, 15 minutes or less in duration. Respondent shall not be required to change her schedule in order to stay home so that telephone calls can be received.
Both parties are restrained and enjoined from making derogatory comments about the other party or in any other way diminishing the love, respect, and affection that the children have for the other party.
No modification of these specific visitation conditions will be allowed unless such modifications are in the form of a stipulated order signed by the court or unless the attorneys for the parties, through written correspondence, agree to temporary modifications.
Each party shall notify the other about all extracurricular activities, school plays, recitals, swimming, etc. so that the other parent may attend. The Respondent shall provide the Petitioner with copies of school report cards.
Neither parent shall leave the children with a boy/girl friend unattended. The parties shall abide by the recommendation of Dr. Jones set forth in her letter of September 20, 199*.
Neither party shall move from the Corvallis area without providing the other parent at least sixty (60) days' notice of the intent of change of residence and providing a copy of such notice to the Court.
The rights of an order granting sole custody of minor children are set forth as Exhibit "B" attached hereto.
CHILD SUPPORT. That the Petitioner be and is hereby ordered to pay Respondent the sum of $150.00 per month per child for the care, support, and maintenance of the minor children, until each child reaches the age of majority, becomes married, or is emancipated, or so long as each child is under 21 years of age and regularly attending school in accordance with the provisions of ORS 107.108, PROVIDED, HOWEVER, that no child support payments shall accrue for the month of July in each year. These monthly payments shall commence on the 1st day of April, 199*, and like payments shall be made on or before the 1st day of each month thereafter except for the month of July during each year. Petitioner shall make said child support payments directly to Respondent's bank account, and Respondent shall furnish deposit slips to Petitioner for said purpose.
NOTICE OF INCOME WITHHOLDING. This support order is enforceable by income withholding under ORS 25.311 to 25.318, 25.351 to 25.367 and 25.722. Withholding shall occur immediately, whenever there are arrearages at least equal to the support payment for one month, whenever the obligated parent requests such withholding, or whenever the obligee requests withholding for good cause. The District Attorney or, as appropriate, the Support Enforcement Division of the Department of Justice Will assist the party in securing such withholding. Exceptions may apply in some circumstances.
TAX EXEMPTIONS. Petitioner be and hereby is awarded the tax dependency exemption attributable to Daughter 1 for state and federal tax filing purposes so long as he is current on his child support obligation as of December 31 of each year.
MEDICAL INSURANCE/REIMBURSEMENT COVERAGE. The parties shall be equally responsible for all uninsured medical and dental expenses for the period through April 1, 199*. The parties shall forthwith conclude the submittal of bills and reconcile their account between them with each party receiving credit for what they have heretofore paid toward said uninsured expenses. Any remaining balance toward each party's one-half share toward said expenses shall be paid to the provider or to the other party if the other party has overpaid. Petitioner shall notify his insurance carrier forthwith that the children are not to be covered on his medical insurance effective April 1, 199*. Effective April 1, 199*, Respondent shall maintain medical insurance coverage for the benefit of the minor children and pay all uninsured medical and dental expenses, including the deductibles for the minor children so long as such coverage is available through her place of employment.
DATED this day of ......
Circuit Court Judge
The foregoing decree is agreed to and stipulated by the parties.
O.R.S. 107.154 Effect of order granting sole custody of minor child to one Parent on authority of other parent. unless otherwise ordered by the court, an order of sole custody to one parent shall not deprive the other parent of the following authority:
(1) To inspect and receive school records: and to consult with school staff concerning the child's welfare and education, to the same extent as the custodial parent may inspect and receive such records and consult with such staff;
(2) To inspect and receive governmental agency and law enforcement records concerning the child to the same extent as the custodial parent may inspect and receive such records;
(3) To consult with any person who may provide care or treatment for the child and to inspect and receive the child's medical, dental and psychological records, to the same extent as the custodial parent may consult With such person and inspect and receive such records;
(4) To authorize emergency medical, dental, psychological, psychiatric or other health care for the child if the custodial parent is, for practical purposes, unavailable: or
(5) To apply to be the child's conservator, guardian ad litem or both.