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EDMS and Your Family Law Practice: Excelling, Not Just Surviving in Electronic Document Management 3:15 p.m.- 4:15 p.m. Presented by Anjela Shutts Whitfield & Eddy PLC 317 Sixth Ave Suite 1200 Des Moines, IA 50309 Phone: 515-288-6041 2014 FAMILY LAW SEMINAR 2014 FAMILY LAW SEMINAR FRIDAY, OCTOBER 24 FRIDAY, OCTOBER 24 Hon. Robert Hutchison District Court Judge District 5C Polk County Courthouse 500 Mulberry Des Moines, IA 50309 Phone: 515-286-3861

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Page 1: 2014 FAMILY LAW SEMINAR2014 FAMILY LAW · PDF fileEDMS and Your Family Law Practice: Excelling, ... profile of cases and the notices will not ... of matrimony have been destroyed and

EDMS and Your Family Law Practice:Excelling, Not Just Surviving in

Electronic Document Management

3:15 p.m.- 4:15 p.m.

Presented byAnjela Shutts Whitfield & Eddy PLC 317 Sixth Ave Suite 1200 Des Moines, IA 50309Phone: 515-288-6041

2014 FAMILY LAW SEMINAR2014 FAMILY LAW SEMINAR

FRIDAY, OCTOBER 24FRIDAY, OCTOBER 24

Hon. Robert Hutchison District Court Judge District 5C Polk County Courthouse 500 MulberryDes Moines, IA 50309Phone: 515-286-3861

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EDMS AND YOUR FAMILY LAW PRACTICE EXCELLING AND NOT JUST SURVING IN ELECTRONIC

DOCUMENT MANAGEMENT The Honorable Judge Robert Hutchison

Anjela A. Shutts

1. Understand Chapter 16 A. The biggest change is what must be kept confidential. 1. All birth dates and children’s names will be submitted on a protected information form. For your petitions, decrees and other pleadings, do not use birth dates. Do not use children’s names. Do not put in addresses for any party on any documents (use county and city only). For the children’s birth dates, simply use the birth year – no other information necessary. For the kids, use only initials. Once the protected information form has been filed, it is not necessary to list children by name.

B. Attachment A is a copy of Chapter 16 and the recent amendments. 2. Understand what can be kept confidential and be creative to keep the required information confidential. A. The Court cannot seal certain court orders. 1. For example, you can keep the Affidavit of Financial Status confidential. You cannot keep the Decree or any court order confidential. Refer to assets/debts by numbers on the financial affidavit. 3. Understand that you are going to need to spend time redoing your forms. A. Don’t use signature lines or signature blocks for the judge – if you do, they have to open the document and reformat it.

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B. Don’t use “On the -____ day of ________, 2014” - - instead, use: “On the date set forth below…” Do your best to eliminate optional fill-in blanks that the judge then needs to deal with later.

C. If your client signs a document, the Court CANNOT sign it. You must now prepare a Stipulation and Agreement which will be signed by the parties and their attorneys. Scan it to a PDF. That will now be filed with a proposed order which will be separate. Your decrees can no longer say “IT IS ORDERED, ADJUDGED AND DECREED.” It must instead state “The parties agree” or similar language that does not involve the Court. There will then be no “prove up” necessary.

D. If you are finished with a case, you should formally WITHDRAW as attorney of record. If you do not do so, if a contempt or modification action is filed, you will automatically receive notice of the action. This means that the opposing party’s attorney will also receive automatic notice of a contempt action, which may not be what you wish but that is how the system works. When a case is finished, you can mark it “inactive” in your profile of cases and the notices will not show up. (This could have some drawbacks.) Some attorneys are now incorporating language in the Stipulation and proposed Order to accomplish the withdrawal from the case. They use language such as “The undersigned agrees that as this matter has now been concluded, Eddy Whitfield and the law firm of Whitfield & Eddy, P.L.C. should be allowed to withdraw as attorney of record on my behalf.” That is often used as a separate section altogether with a separate signature block for the client to sign. It is also incorporated into the Order so that your withdrawal is complete when the final Order is signed.

E. Attached as Attachment B are the following sample forms: 1. Stipulation with Kids; 2. Decree approving Stipulation; 3. Order Approving QDRO; 4. Understand what is kept confidential and at what level.

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5. Understand how things get filed and then put into the judges’ queues. A. If you need emergency intervention, do not assume a judge is available and will be notified. You should call the clerk or the judge to request immediate action on an item. There may be a slight lag in the docket and they may not see it immediately. B. If you are working with a particular judge and that judge is unavailable and something needs immediate attention, the judges are able to access another judge’s queue for that purpose. You should not hesitate to communicate with the judges if you need something urgently and your judge is unavailable due to trial or other event. C. There is a nice space in the filing screen which asks for “additional text,” which is information that will go directly to the judge and WILL be seen by the other party, so there is no worry about ex-parte communication. Examples of text for this box or screen are, “Please set hearing after November 1st.” These are helpful to the judge and clerk in setting dates and understanding possible priorities for each case. D. If you file a “proposed document,” it will go to the clerk and the clerk then sends it to the judge. E. EDMS does not mean “instant”. There are procedures to be followed.

6. Understand how exhibits are to be handled. 7. Understand that you can always go and talk to the judges 8. Understand that your operator error does not get you off the hook. Neither does the court’s operator error. Attachment C is a recent district court ruling regarding this.

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Rule 16.302 Electronic filing mandatory.

16.302(1) Electronic filing mandatory. All lawyers authorized to practice law

in Iowa, all lawyers admitted pro hac vice, see Iowa Ct. Rule 31.14, and all self-

represented litigants—except self-represented criminal defendants—must

register as provided in rule 16.305(1) to participate in the electronic document

management system. As provided in this chapter registered filers must

electronically submit all documents to be filed with the court unless otherwise

required or authorized by these rules or the court.

. . . .

Rule 16.320 Court-generated documents.

16.320(1) Electronic filing of court-generated documents. All court-generated

documents issued in cases governed by this chapter, see rule 16.102, shall be

electronically filed.

16.320(2) Service of court-generated documents.

a. Electronic notice and service. The electronic document management

system will electronically serve any court-generated document to all registered

filers entitled to service. See rule 16.201 (definition of “electronic service”).

Electronic service of the notice of electronic filing upon a registered filer

constitutes service or notice of the document. Notice of electronic filing will

only be sent to registered filers who have filed an entry of appearance, filed a

notice of case association, or filed an appearance as a court approved

intervenor. Notices of electronic filing will continue to be sent to registered

filers until they have filed a proper withdrawal of appearance in a case and, if

applicable, obtained an order allowing the withdrawal. See, e.g., Iowa R. App.

P. 6.109(5) and local rules pertaining to the withdrawal of appearance.

b. Nonelectronic notice and service. The clerk shall mail paper copies of

electronically-filed court-generated documents to nonregistered filers. The

clerk shall not mail paper copies to registered filers who have not properly

entered an appearance, filed a notice of case association, or filed an

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appearance as a court approved intervenor. The clerk shall not mail paper

copies of court-generated documents to nonregistered parties, including

criminal defendants, who are represented by counsel unless otherwise required

by the rules or specifically required by court order. The clerk shall include a

copy of the notice of electronic filing with the paper copy of the document.

. . . .

Rule 16.701 Criminal cases and the electronic document management

system.

16.701(1) Use of electronic document management system. All criminal

cases shall be opened using the electronic document management system. All

filings made in criminal cases shall be done through the electronic document

management system.

16.701(2) Applicability of other chapter 16 rules to criminal cases. The rules

in divisions I through VI, including rules pertaining to the protection of

personal privacy, apply in criminal cases.

16.701(3) Self-Represented criminal defendants. A self-represented

criminal defendant is not required to, but may choose to, be a registered filer.

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IN THE IOWA DISTRICT COURT FOR COUNTY

IN RE THE MARRIAGE OF

UPON THE PETITION OF ,

Petitioner, AND CONCERNING ,

Respondent.

Case No. CD

STIPULATION OF THE PARTIES

On the date indicated, the parties enter into the following Stipulation. The Petitioner,

(hereinafter “ ”) has been represented during these proceedings by attorney , and the

Respondent, (hereinafter “ ”) has been represented during these proceedings by attorney

.

R E C I T A L S

1. This Court has jurisdiction of the cause, parties, and subject matter hereto.

2. The mandatory ninety-day waiting period has expired.

3. Both parties have made a full and complete disclosure of their assets and liabilities to the other

and each waives any deficiency in this regard. The parties have filed {select} of Financial Status.

4. Pursuant to Iowa Code Chapter 598, both parties have completed the “Children in the Middle”

program and certificates of completion are on file.

5. The parties were married on .

6. Both parties reside in , County, Iowa.

7. The parties have { select } : [list names and birth YEAR only]. {select} reside with {select}.

8. Both parties have maintained their residences in Iowa in good faith and not for the purpose of

obtaining a dissolution of marriage. Both parties have been residents of the State of Iowa for

more than one year passed.

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9. No separate action for dissolution of marriage has been commenced by or in any

court in Iowa or elsewhere.

10. The Petition has been filed in good faith and for the purposes set forth in the Petition.

11. There has been a breakdown of the marital relationship to the extent that the legitimate objects

of matrimony have been destroyed and there remains no reasonable likelihood that this

marriage can be preserved.

12. The material allegations of the Petition for Dissolution of Marriage are supported by competent

evidence which is uncontroverted, and the marriage of these parties should be dissolved.

13. Appointment of a conciliator would not preserve the marriage. The parties participated in

conciliation counseling to no avail and further conciliation should be waived.

STIPULATION OF THE PARTIES

This Stipulation constitutes a full and complete adjustment and resolution of any and all rights,

responsibilities, causes or claims, whether pled or unpled, between and as of the date of

this Stipulation and is dispositive of all matters between and , whether arising by virtue of

the marriage or otherwise and, except as hereinafter specifically preserved or provided for, terminates

the right of either party to receive support from the other, make claim to the real or personal property

of the other, to have any interest or claim in or to any life insurance, retirement, pension, IRS, profit-

sharing, and/or annuity plans of the other, including as beneficiary of same. The foregoing provisions

shall not operate to extinguish or diminish any rights or obligations under any term of this Stipulation or

limit the remedies for any breach of the Decree approving this Stipulation, including but not limited to,

the right of a party to receive indemnification from or a judgment against the other for breach of the

terms of this Stipulation.

IT IS AGREED BY AND BETWEEN THE PARTIES:

1. CONCILIATION. The parties waive any further conciliation.

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2. REAL ESTATE. The parties have reached the following agreement relating to real estate:

a. shall be awarded the home in , County, Iowa, legally described as

follows:

{INSERT LEGAL DESCRIPTION, single spaced}

With thirty (30) days of the date of this Decree for Dissolution of Marriage, shall

execute a quitclaim deed, relinquishing her ownership interest in the home. shall

be solely responsible for payment of real estate taxes, household insurance and all

other expenses associated with the home and hold harmless therefrom.

For {select} share in the home equity, shall pay to the amount of

$ within thirty (30) days of the date of this Decree for Dissolution of Marriage.

b. The real estate located at shall be listed for sale by owner no later than

and sold. If the property is not sold by , the property shall be listed for sale with a

mutually agreeable realtor. Unless the parties agree otherwise in writing, the property

shall not be sold for less than the amount of $ .

Until such property is sold, the parties shall split the expenses of the home

(including, but not limited to, real estate taxes, homeowners’ insurance, utilities,

maintenance and repairs) with being responsible for % of the expenses and

responsible for % of the expenses. In the event either party performs the

maintenance and/or repairs to the home, any out-of-pocket expenses either party

incurs shall be split with being responsible for % of the expense and

responsible for % of the expense.

At the time of sale, after deducting the real estate commission and other costs

associated with the sale, the parties shall split the proceeds with receiving

% of the proceeds and receiving % of the proceeds.

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3. AUTOMOBILES. The parties have reached the following agreement:

a. shall receive the . Within fourteen (14) days of the date of this Decree for

Dissolution of Marriage, shall execute the title over to and shall

remove ’s name from the title and registration to this vehicle.

b. shall receive the . Within fourteen (14) days of the date of this Decree for

Dissolution of Marriage, shall execute the title over to and shall

remove ’s name from the title and registration to this vehicle.

4. INDEBTEDNESS. The parties have reached the following agreement:

a. shall be solely responsible for the following debts and shall hold harmless

therefrom:

i. Any credit cards currently in {select} name;

ii. Any debt {select} has incurred in {select} own name;

iii. Any debt {select} has incurred since the filing of the Petition for Dissolution of

Marriage.

b. shall be solely responsible for the following debts and shall hold harmless

therefrom:

i. Any credit cards currently in {select} name;

ii. Any debt {select} has incurred in {select} own name;

iii. Any debt {select} has incurred since the filing of the Petition for Dissolution of

Marriage.

c. The parties agree they will each hold the other harmless from each and every debt,

obligation or liability assumed under any provision of this Stipulation, including attorney

fees or court costs which the non-assuming party may incur in defense of any claim,

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demand or legal proceeding incident to any debt, liability or obligation assumed by the

other party.

5. OTHER ASSETS.

a. Each of the parties shall be awarded his or her personal clothing, jewelry, books, effects,

papers, memorabilia, policies of insurance and respective bank accounts, subject to

encumbrances.

b. Other assets to : is hereby awarded the following property to hold as

{select} absolutely, subject to encumbrances thereon, which {select} shall assume, pay

and hold harmless from:

i. {select} bank accounts;

ii. {select} IPERS account;

iii. % of the investment account as of the date of . Said amount

shall include income and gains, less losses on {select} share from and after said

date through the date of distribution or transfer.

c. Other assets to : : is hereby awarded the following property to hold

as {select} absolutely, subject to encumbrances thereon, which {select} shall assume,

pay and hold harmless from:

i. {select} bank accounts;

ii. {select} IPERS account;

iii. % of the investment account as of the date of . Said amount

shall include income and gains, less losses on {select} share from and after said

date through the date of distribution or transfer.

d. At the time the annuity with becomes due, the parties agree that should cash-out

be an option, the annuity will be cashed out.

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6. PERSONAL PROPERTY/HOUSEHOLD GOODS. The parties have divided their personal property

by agreement.

7. SPOUSAL SUPPORT. The parties agree that neither party shall pay to the other party spousal

support.

8. CHILD CUSTODY. The parties have reached the following agreement:

and shall be awarded the joint legal custody of the minor {select} of the parties.

shall be awarded primary physical care of the {select}, subject to ’s rights of

reasonable and liberal visitation.

“Joint legal custody” means that the parties will discuss and agree upon all major

decisions affecting the health, safety and welfare of the {select}. “Major decisions” covers

matters such as physical and psychological treatment, educational choices, and religious

practice or training. Neither parent shall unreasonably withhold agreement in a matter

affecting the {select}, and each parent shall keep each child’s best interest foremost in the

discussions. Each shall keep the other informed of the {select}’s health needs and care, and of

important events in the {select}. Each parent shall have access to the {select}’s school and

medical records. Each parent shall remain involved in all aspects of the health, education and

social nurturing and development of the minor {select}.

The parties agree that they have the following rights and responsibilities as joint legal

custodians of the {select}:

a. Both parents shall have legal access to information concerning the {select}, including

but not limited to medical and educational records;

b. Both parties shall participate equally in the rights and responsibilities of legal

custodians, including but not limited to decisions affecting the {select}’s legal status,

medical care, education, extracurricular activities and religious training;

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c. The parties shall consult with each other with respect to the education, religious

training, medical care, extracurricular activities and all other matters relating to the

{select}, whose well-being and development shall at all times be of paramount

consideration to the parties. If either party has knowledge of any illness, accident or

other matters seriously affecting the well-being of the {select}, that party shall

promptly notify the other parent and, except for emergencies, shall not take any

action without consulting the other parent;

d. Each parent will support the right of the other to love and discipline the {select}.

Disciplinary action taken by one parent will be supported by the other parent.

Disagreements about child-rearing practices will be resolved outside the presence of

the {select}.

e. Neither party will do anything which will estrange the {select} from the other party

or impair the {select}’s high regard for the other party; and

f. “The best interests of the {select}” includes but is not limited to the opportunity for

maximum, continuous physical and emotional contact with both parents. Refusal by

one parent to provide this opportunity without just cause shall be considered

harmful to the best interests of the {select}.

g. ADDITIONAL PROVISION: The visitation and spousal support provisions

contemplate that and the {select} will remain in the area until {date}.

Should decide to move prior to that date, such a move will be considered a

substantial change in circumstances and require the issues of visitation and spousal

support be revisited. shall give no less than 120 days’ written notice of

{select} intent to move.

9. PARENTING SCHEDULE. The parties agree to the following schedule:

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a. Regular Schedule. Unless otherwise agreed to by the parties, shall have the

following parenting time:

1. Every other weekend from Friday at 5 p.m. until Sunday at 6 p.m.

2. One evening per week and, in the event the parties cannot agree, that evening

shall be Wednesday, unless the {select} would have church activities, in which

case the evening shall be Thursday. Said evening shall be from 5 p.m. until

8 p.m.

3. Neither party shall have the {select} for three weekends in a row, due to a

holiday. The parties shall work together to ensure that a trade of weekends

occurs, which will allow the affected party to have the {select} either the

weekend before or the weekend after the holiday.

b. Holiday Schedule. The parties agree that they shall share holiday time with the {select}

as follows:

Holiday Time of Visitation

Odd/Even Odd/Even New Year’s From 6 p.m. on 12/31 until 7:30 p.m. on 1/1

Easter From the Friday before at 6 p.m. until Sunday at 6 p.m.

Each Year Mother’s Day From Friday at 6 p.m. until Sunday at 6 p.m.

Memorial Day From the Friday before at 6 p.m. until Monday at 6 p.m.

Each Year Father’s Day From Friday at 6 p.m. until Sunday at 6 p.m.

Labor Day From the Friday before at 6 p.m. until Monday at 6 p.m.

Fourth of July From 9 a.m. on the 4th until 9 a.m. on the 5th

Thanksgiving #1 From 4 p.m. the day before until 4 p.m. the Friday after

Thanksgiving #2 From 4 p.m. Friday until 8 p.m. Sunday

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Holiday Time of Visitation

Christmas Eve From 8 p.m. on 12/23 until 8 p.m. on 12/24

Christmas Day From 8 p.m. on 12/24 until 8 p.m. on 12/25

Child Birthday From 8 a.m. the day of until 8 a.m. the day after

c. Breaks from school.

1. Winter break. The parties shall split equally the {select}’s winter break from

school.

2. Spring break.

a. From the release of school until 6 p.m. the day before school is to

resume.

b. shall have the {select} in even-numbered years; shall have

the {select} in odd-numbered years.

3. Summer break.

a. Each parent would be entitled to two non-consecutive, one-week

periods of time with the {select} during the {select}’s summer break.

Said period shall include that parent’s weekend with the {select}.

b. In odd-numbered years, would notify by April 1st and

would notify by May 1st.

The holiday and vacation schedule shall take precedence over the regular visitation schedule but shall

not modify the regular schedule. The parties agree to be flexible with one another regarding the

parenting schedule as to accommodate special events and the schedule of the {select}.

10. CHILD SUPPORT. Pursuant to the child support guidelines, shall pay to the sum of

$ per month for child support beginning the date of . Said payments shall be made

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to the Collection Services Center. See attached child support guidelines attached as Exhibit 1 to

this Stipulation. If applicable, a mandatory income withholding order shall be entered and will

be applicable to ’s current employer, as well as any future employers.

shall continue to pay child support until {select} attains the age of 18 years or

graduates from high school (assuming normal progress), whichever event occurs last, or earlier

in the event the child dies, marries, becomes self-supporting, enters the armed forces or no

longer maintains a residence with either party, whichever occurs first.

ALTERNATIVE LANGUAGE: When there are only two children remaining eligible for child

support, the child support amounts shall decrease to $ per month. When there is only

one child remaining eligible for child support, the child support amount shall decrease to $

per month for the remaining child.

11. MEDICAL HEALTH INSURANCE AND NON-COVERED EXPENSES. The parties agree that so long

as it is provided by {select} employer at a reasonable cost, shall be obligated to maintain

medical and health insurance on the minor {select}, so long as {select} eligible for coverage.

Until the support obligation ceases for the {select}, shall be responsible for the

first $ per calendar year, per child, up to a maximum of $750 for the {select}, of any

medical, dental, orthodontic, optical, counseling, prescription or other health-related expense

not covered by insurance. After the first $ per year, per child threshold is met, the parties

agree to split all medical, dental, orthodontic, optical, counseling, prescription or other health-

related expense not covered by insurance, with being responsible for % of the

expense and being responsible for % of the expense.

Within sixty (60) days after receiving an uninsured/unreimbursed debt, the party

receiving the documentation agrees to forward it to the other party for payment. Within sixty

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(60) days after receiving said documentation, that party shall reimburse the other party or the

healthcare provider his or her share of the uninsured/unreimbursed debt.

12. LIFE AND DISABILITY INSURANCE. The parties have reached the following agreement:

a. shall insure {select} support obligation by naming as the beneficiary to an

amount equal to his remaining unpaid spousal support obligation.

b. shall also maintain his remaining current life insurance for the beiefit of the minor

{select} until {select} the age of twenty-two.

c. shall maintain {select} current life insurance policy for the benefit of the minor

{select} until {select} the age of twenty-two.

d. shall maintain {select} current disability insurance so long as {select} has an

obligation to pay spousal or child support.

13. POST-HIGH SCHOOL EDUCATIONAL SUPPORT. The parties agree the Court shall retain

jurisdiction to make any necessary determinations regarding each party’s contribution to the

{select}’s post-high school educational support. Commencing on the date of , each party

shall contribute $ per month, per child, toward the {select}’s 529 savings plan until each

child respectively begins post-secondary education. The current 529 savings plans shall be held

for the benefit of the {select} and the parties agree to exchange, by April 15th of each year, the

year-end statements for each of the 529 savings plan accounts. The {select}’s 529 savings plan

account shall first be used toward the post-secondary education prior to any other parental

contribution.

14. SPOUSAL SUPPORT. The parties agree that beginning on the date of , shall pay to

the amount of $ per month as spousal support. Said support shall continue until

the date of , at which time the support shall terminate. The support shall terminate

earlier upon the death of either party or upon ’s remarriage.

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15. MEDIATION. The parties agree that should any disputes arise regarding either party’s parenting

rights, responsibilities or schedule, the parties will attend mediation prior to filing any action

seeking court intervention.

16. ENFORCEMENT OF THE DECREE. The parties agree that the Court retains jurisdiction for the

purpose of enforcing the provisions of this Stipulation by process of contempt and by such other

manner as contemplated by Iowa law should mediation of these matters be unsuccessful in

resolving disputes between the parties. The Court also retains jurisdiction to enter the Qualified

Domestic Relations Orders (QDROs) contemplated by the Decree approving the Stipulation and

shall ensure their qualification by the applicable Plan Administrators.

17. RELEASE. The parties agree that the Decree approving the Stipulation releases each party from

all obligations to the other not specifically set forth or reserved herein, and each party has no

further rights of any kind against the other not expressly provided for or reserved in this

Stipulation.

18. NECESSARY DOCUMENTATION. The parties agree that they shall both timely sign any and all

documents necessary and/or fully cooperate with each other to effectuate each and every

provision of this Stipulation within fourteen (14) days of the entry of the Decree approving this

Stipulation.

19. LATER DISCOVERED ASSETS. The parties agree that in the event either party discovers assets,

undisclosed property, or undisclosed interest in property, other than those listed in this

Stipulation, and if a court of competent jurisdiction determines that said later discovered assets

constitute marital property, such discovery and determination shall not invalidate this

Stipulation, but the later discovered asset(s), property or interest in property shall, at the

election of the discovering party, (i) be divided equally in kind, or (ii) be accounted for by the

party in possession who may pay to the discovering party a sum of money equal to one-half of

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the present value of the property, one-half of the value of the property at the date of discovery,

or one-half the value of the property as of the date of the Court’s determination, whichever sum

is greater. This agreement shall not limit or impair the ability in a court of competent

jurisdiction of any other remedy arising out of such undisclosed asset(s), property or interest in

property.

20. BANKRUPTCY. The parties agree that any and all obligations set forth in this Decree shall not be

discharged in bankruptcy and that each party will indemnify and hold the other harmless from

all debts allocated to the party by this Decree.

21. INCOME TAX PROVISIONS. The parties have reached the following agreement:

a. The parties shall file joint state and federal income tax returns for the year 2012 and

split the cost of preparation.

b. shall be responsible for payment of any liability owed for the 2012 income tax

returns.

c. In the event there is a refund of taxes owed to the parties, the amount of the refund will

be split equally.

d. The parties shall split equally the remaining loss carry forwards not utilized on the 2012

income tax return.

e. Another option: that the parties will file a joint 2012 state and federal income tax

return and split the cost of preparation, any refund received or liability owned equally.

Thereafter, until the marital home sells the parties will each be entitled to claim on their

respective income tax returns half of any mortgage interest or real estate taxes

associated with the marital home.

f. Provided is current on {select} child support and other financial obligations for

the {select} by December 31 of each year, shall be entitled to take the income tax

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exemptions for {select}, unless the exemptions provide no benefit to , or it would

be to the mutual benefit of the parties for to claim the exemptions for the

purposes of filing a child’s college financial aid application.

22. COURT COSTS. The parties agree that ach party shall pay one-half of the court costs.

23. ATTORNEYS’ FEES. The parties agree that each party shall be responsible for his or her own

attorney’s fees. ALTERNATE LANGUAGE: The parties agree that shall be responsible for

$ of ’s attorney’s fees which shall be paid within thirty (30) days of the date of the

Decree approving this Stipulation. shall be responsible for any remaining amounts of

{select} attorney’s fees. shall be responsible for {select} attorney’s fees.

DATED this ____ day of _________________, 2014.

APPROVED AS TO FORM & CONTENT:

________________________________ , Petitioner ________________________________ , Attorney for Petitioner

________________________________ , Respondent ________________________________ , Attorney for Respondent

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STATE OF IOWA ) ) ss: COUNTY OF ) I, , being first duly sworn on oath, depose and state that I am the Petitioner in this action. I have read the foregoing Stipulation of the Parties and its contents are true and correct to the best of my knowledge and belief. The foregoing Stipulation of the Parties is approved by the undersigned as to form and content. The undersigned submits and certifies that there has been a breakdown of their marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that their marriage can be preserved. No conciliation procedures will preserve this marriage and the undersigned waives any further statutory waiting period before their marriage can be dissolved. The undersigned submits and agrees that the contents of the foregoing Stipulation of the Parties should be construed as their written stipulation and agreement with respect to the settling of all issues involved in the dissolution of their marriage and represents a fair and equitable settlement. The undersigned requests that any judge of the above-named court approve and sign the same at the earliest opportunity without further hearing. The undersigned further waives the filing of financial statements and any additional conciliation pursuant to §598.19, Code of Iowa (2013), and requests that the Court cause the foregoing Stipulation of the Parties to be ratified and approved in its entirety and filed at the earliest opportunity. ___________________________________________ , Petitioner Subscribed and sworn to before me by the said on this ____ day of _______________, 2014. ____________________________________________ Notary Public in and for the State of Iowa

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STATE OF IOWA ) ) ss: COUNTY OF ) I, , being first duly sworn on oath, depose and state that I am the Respondent in this action. I have read the foregoing Stipulation of the Parties and its contents are true and correct to the best of my knowledge and belief. The foregoing Stipulation of the Parties is approved by the undersigned as to form and content. The undersigned submits and certifies that there has been a breakdown of their marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that their marriage can be preserved. No conciliation procedures will preserve this marriage and the undersigned waives any further statutory waiting period before their marriage can be dissolved. The undersigned submits and agrees that the contents of the foregoing Stipulation of the Parties should be construed as their written stipulation and agreement with respect to the settling of all issues involved in the dissolution of their marriage and represents a fair and equitable settlement. The undersigned requests that any judge of the above-named court approve and sign the same at the earliest opportunity without further hearing. The undersigned further waives the filing of financial statements and any additional conciliation pursuant to §598.19, Code of Iowa (2013), and requests that the Court cause the foregoing Stipulation of the Parties to be ratified and approved in its entirety and filed at the earliest opportunity. ___________________________________________ , Respondent Subscribed and sworn to before me by the said on this ____ day of _______________, 2014. ____________________________________________ Notary Public in and for the State of Iowa

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IN THE IOWA DISTRICT COURT FOR COUNTY

IN RE THE MARRIAGE OF

UPON THE PETITION OF ,

Petitioner, AND CONCERNING ,

Respondent.

Case No. CD

NOW, on the date hereof, the above-entitled case comes before the Court. The parties have

filed a Stipulation. The Court, having inspected the records and documents on file and being fully

advised in the premises, enters the following:

FINDINGS OF FACT

Subject to the approval of the Court, the parties entered into a Stipulation for settlement filed

herein. The Stipulation is fair and reasonable as between the parties, is approved and is incorporated

herein by reference.

CONCLUSIONS OF LAW

1. The Court has jurisdiction of the parties and of the subject matter.

2. The parties have {select}.

3. The Stipulation entered into between the parties should be approved.

IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED:

1. The Stipulation entered into between the parties and filed in this cause is approved and

is incorporated herein by reference and made a part of this Decree, and compliance therewith is

ordered and judgment is entered accordingly.

2. The Decree and the Stipulation filed herein are made a part of the public record.

3. The parties’ marriage is dissolved.

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4. Custody is awarded as follows:

5. A withholding order in this matter shall be entered which sets child support in

accordance with the Stipulation and with the Child Support Guidelines Worksheet attached to the

Stipulation. Child support is set as follows:

6. The trial scheduled for is canceled.

7. The parties shall split the court costs of this action equally.

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IN THE IOWA DISTRICT COURT FOR POLK COUNTY _____________________________________________________________________________

IN RE THE MARRIAGE OF Upon the Petition of: ) Case No. ) ) Petitioner, ) QUALIFIED DOMESTIC ) RELATIONS ORDER and Concerning: ) ) ) Respondent. ) _____________________________________________________________________________ NOW, on the date stated, the above-captioned matter comes before the Court upon the Stipulated Agreement filed by the parties relating to the Qualified Domestic Relations Order for the Catholic Health Initiatives Retirement Plan. Counsel for the parties herein confirm to the Court that the Qualified Domestic Relations Order has been approved by the Plan Administrator. The Court finds that the Qualified Domestic Relations Order meets the Plan’s requirements and that the same should be entered. Original filed. Clerk to provide copy to:

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