STATE OF MINNESOTADISTRICT COURT

COUNTY OF RAMSEYSECOND JUDICIAL DISTRICT

FAMILY COURT DIVISION

Case type: Dissolution with Children

In Re the Matter of:
Gary Anderson,
Petitioner,
and
Ritzelda Anderson,
Respondent. / STIPULATED PARTIAL
PERMANENT ORDER
Court File No. 62-FA-17-1622
Assigned to: Referee Rossow

The above-entitled matter came on for hearing on August 8, 2017, at the Ramsey County Courthouse, 15 W. Kellogg Blvd., St. Paul, MN, before the Honorable Rebecca Rossow, Referee of Ramsey District Court, following a voluntary mediation session, also held August 8, 2017,the parties came to agreement on a number of issues. The agreements were put on the record and a Stipulated Partial Permanent Order issued on August 18, 2017 and the Order approved by Judge Robyn Millenacker on August 21, 2017. Those issues not resolved at the August 8 hearing were addressed by the parties and their counsel on November 2, 2017, at a hearing before the Honorable Laura Nelson, Judge of Ramsey District Court, at which time the parties came to agreement on the remaining issues and read into the record their agreement on the final issues. The results of these two agreements are reflected in the Findings below.

At. both hearings Petitioner Gary Anderson was present and was represented by Frank Mabley, Esq and Respondent Ritzelda Anderson was present and was represented by Suzanne Guertin, Esq., of Southern Minnesota Regional Legal Services. Pat O’Gorman, Esq., was also present as the mediator at the August 8 hearing in the matter.

Based upon the agreement of the parties, and all of the records on file, the Court now makes the following

FINDINGS OF FACT

  1. Petitioner is:

Name:Gary Wayne Anderson

Prior/Other Names:None

Address:1586 County Rd. J West

Shoreview, MN 55126

Date of Birth:02/03/1950

Age:67

Social Security Number:See Confidential Information Form

  1. Respondent is:

Name: RitzeldaFulcher Anderson

Prior/Other Names: Josephine Fulcher

Address: 2755 Rice Street, Apt. 418

Roseville, MN 55113

Date of Birth: 07/29/1972

Age: 45

Social Security Number:See Confidential Information Form

  1. Petitioner’s attorney is:

Frank Mabley

3450 Lexington Ave. N.

Ste. 104

Shoreview, MN 55126

Phone: (651) 636-7696

  1. Respondent's attorney is:

Suzanne Guertin

Attorney License No. 0390256

Southern Minnesota Regional Legal Services, Inc.

55 East Fifth Street, Suite 400

St. Paul, MN 55101

Phone: (651) 222-5863

  1. Petitioner and the parties' minor children have resided in Minnesota for more than 180 days immediately prior to the start of this proceeding. Petitioner resided in Ramsey County when he began this proceeding. Minnesota is the home state of the minor children and this court

has jurisdiction to decide custody and parenting time under the Uniform Child Custody Jurisdiction and Enforcement Act, Minn. Stat. §518D.102.

  1. Neither party serves nor has served in the U.S. military.
  2. No separate proceeding for custody is pending in any court in this state or elsewhere.
  3. There is no Order for Protection that governs the parties or the minor children.
  4. The parties have two joint children who are minors:

1

NameBirthdateAgeLives WithPrior Name

1

Justin Anderson09/14/200016 RespondentNone

1

Jeremy Anderson07/05/200314 PetitionerNone

1

  1. Petitioner and the parties' minor children have resided in Minnesota for more than 180 days immediately prior to the start of this proceeding. Petitioner resided in Ramsey County when he began this proceeding. Minnesota is the home state of the minor children and this court has jurisdiction to decide custody and parenting time under the Uniform Child Custody Jurisdiction and Enforcement Act, Minn. Stat. §518D.102.
  1. Neither party serves nor has served in the U.S. military.
  2. No separate proceeding for custody is pending in any court in this state or elsewhere.
  3. There is no Order for Protection that governs the parties or the minor children.
  4. The minor children are not under the jurisdiction of a juvenile court. The children's Social Security numbers are in the Confidential Information Form on file with the Court.
  5. The parties were married in Manila, the Philippines, on October 5, 1992. The parties separated in July 2017.
  6. No separate proceeding for dissolution of marriage has been previously commenced by either party nor is such proceeding pending in any court of the State of Minnesota or elsewhere.
  7. The Petition and the Counter-Petition were both filed in good faith and for the purposes set forth herein.
  8. There has been an irretrievable breakdown of the marital relationship of the parties hereto pursuant to Minn. Stat. §518.06, as amended.
  9. Respondent is not now pregnant.
  10. Petitioner does not have any non-joint minor children.
  11. Respondent does not have any non-joint minor children.
  12. The parties have agreed and the Court finds that it is in the best interests of the minor children for the parties to have joint legal custody of the minor children and joint physical custody of the minor children.
  13. The primary residence for the minor child, Jeremy, shall be with the Petitioner. Respondent shall have parenting time with Jeremy every other weekend.
  14. The primary residence for the minor child, Justin, shall be with the Respondent. Petitioner shall have parenting time with Justin every other weekend.
  15. Parenting time exchanges shall take place Friday afternoon and Monday morning. If the children do not have school on a Friday or Monday, Petitioner shall provide transportation on Fridays and Respondent shall provide transportation on Mondays.
  16. The parties have agreed to the following holiday schedule:

holidayeven yearsodd years

New Year’s Eve and Day / Mother / Mother
Easter / Father / Father
Memorial Day / Father / Father
Fourth of July / Mother / Mother
Labor Day / Alternate* / Alternate
Thanksgiving / Mother / Father
Christmas Eve / Mother / Mother
Christmas Day through Dec. 30** / Father / Father

*The parent who has the children for the weekend preceding Labor Day each year will also keep the children on Labor Day.

**In 2019, the Respondent shall be able to take both children to the Philippines for the children’s winter break from school for a period of at least two weeks.

  1. For the children’s birthdays, whichever parent has the child on the day will celebrate the child’s birthday with the child on the actual day. The parent who does not have the child on the given birthday the same year will celebrate the child’s birthday with the child on another day.
  2. Petitioner is currently employed part-time with Uber car driving service. He earns approximately $1075 per month. Petitioner also receives $2,100.00 per month in social security benefits.
  3. Petitioner is not currently enrolled in school.
  4. Respondent currently works at a fitness studio for no pay, and therefore has no wage income.
  5. The minor children, Justin Anderson and Jeremy Anderson, each receive a derivative social security payment each month in the amount of $900.00 ($1800.00 total for both children).
  6. The Petitioner, the Respondent and the minor children health insurance in the form of MNsure.
  7. Respondent is not currently enrolled in school.
  8. There are currently no childcare costs for the joint minor children.
  9. The parties have agreed they will each pay their own attorney fees and costs, if any.
  10. The parties have agreed that they would make an appointment with their Certified Public Accountant to learn of any tax consequences or liabilities for the 2017 tax year regarding the parties’ business, a fitness studio called “Shape Me.”
  11. On August 8, 2017, the parties have reached a partial agreement and have signed this document to indicate their approval of the terms in the Partial Permanent Order.
  12. The remaining issues unresolved at the August 8, 2017, hearing were:
  1. Child support;
  2. Division of personal property;
  3. Division of bank accounts and debts;
  4. The parties’ business interest.

CONCLUSIONS & ORDER

Dissolution

  1. Maritial Dissolution: The marriage of the parties is hereby dissolved.

Children, Custody and Parenting Time

  1. Legal Custody: The parties’ are awarded joint legal custody of the parties' joint children:

Justin Anderson, born September 14, 2000, age 16

Jeremy Anderson, born July 5, 2003, age 14

  1. Physical Custody and Residence: The parties’ are awarded joint physical custody of the minor children. Petitioner’s residence shall be the primary residence of the minor child, Jeremy. Respondent's residence shall be the primary residence of the minor child, Justin.
  2. Regular Parenting Time Schedule: Petitioner will have parenting time with Jeremy Monday through Friday and every other weekend. Petitioner shall have parenting time with Justin every other weekend. Respondent shall have parenting time with Justin Monday through Friday and every other weekend. Respondent shall have parenting time with Jeremy every other weekend.
  3. Parenting Time Exchanges: Parenting time exchanges shall be as follows: On the weekends that Jeremy goes to Respondent’s house, he shall go there after school on Friday and go home after school on Monday back to Petitioner’s house, where he will stay the remainder of the week. On the weekends that Justin goes to Petitioner’s house, he shall go there after school on Friday and go home after school on Monday back to Respondent’s house where he will stay the remainder of the week. On exchange dates where there is no school, Petitioner shall provide transportation on Friday and Respondent shall provide transportation on Monday. Each week one of the parties will have both children for a midweek evening. The parties will alternate each week so that both share this opportunity equally.
  4. Holiday schedule:

The holiday schedule shall be as follows:

holidayeven yearsodd years

New Year’s Eve and Day / Mother / Mother
Easter / Father / Father
Memorial Day / Father / Father
Fourth of July / Mother / Mother
Labor Day / Alternate* / Alternate
Thanksgiving / Mother / Father
Christmas Eve / Mother / Mother
Christmas Day through Dec. 30** / Father / Father

*The parent who has the children for the weekend preceding Labor Day each year will also keep the children on Labor Day.

**In 2019, the Respondent shall be able to take both children to the Philippines for the children’s winter break from school for a period of at least two weeks.

For the children’s birthdays, whichever parent has the child on the day will celebrate the child’s birthday with the child on the actual day. The parent who does not have the child on the given birthday the same year will celebrate the child’s birthday with the child on another day.

  1. Notice of Parents Access to Records: Each parent shall have the following rights, regardless of who has custody, unless the court finds it necessary to waive any of the rights to protect the welfare of a party or a child. Minn. Stat. § 518.17, subd. 3a.

NOTICE

(1) right of access to, and to receive copies of, school, medical, dental, religious training, police reports, and other important records and information about the minor children;
(2) right of access to information regarding health or dental insurance available to the minor children;
(3) right to be informed by the other party as to the name and address of the school of attendance of the minor children;

(4) right to be informed by school officials about the children's welfare, educational progress and status, and to attend school and parent-teacher conferences. The school is not required to hold a separate conference for each party, unless attending the same conference would result in violation of a court order prohibiting contact with a party;
(5) right to be notified by the other party of an accident or serious illness of a minor child, including the name of the health care provider and the place of treatment;

(6) right to be notified by the other party if the minor child is the victim of an alleged crime, including the name of the investigating law enforcement officer or agency. There is no duty to

notify if the party to be notified is the alleged perpetrator; and
(7) right to reasonable access and telephone or other electronic contact with the minor children.

Failure to Notify: A party’s failure to inform or notify the other party of these rights is not, by itself, a reason to modify custody.

Both parties shall have all of these parental rights.

  1. Duty to Provide Health Care Coverage for Children: Petitioner and Respondent shall maintain MNsure benefits for the joint children, provided the children are eligible for MNsure benefits as a member of the parties’ respective households or such other health care coverage as the parties may agree.
  2. Entry of Judgment: there shall be no delay in entering this Judgment and Decree.
  3. 2017 Taxes: The parties will file their state and federal taxes for 2017 separately.
  4. 2017 Tax Losses: Petitioner will get 49% of the 2017 loses of the Shape me Group Fitness, Inc. for tax purposes for reporting year 2017 only.
  5. Tax Deductions: Each parent shall have the tax deduction for the child living primarily with that parent.
  6. Sharing of Corporation tax documents for 2017: Respondent is ordered to give Petitioner copies of the P&L and Balance Sheet Respondent uses for the corporate tax return for 2017 for Shape Me Group Fitness, Inc. on or before March 15th, 2018.
  7. Transfer of Petitioner’s interest in Corporation: Petitioner will sign over all of his interests in Shape Me Group Fitness, Inc. to Respondent in exchange for $1.00 plus her written commitment to hold him harmless from obligations, past or future, from that business or any of its predecessors, immediately upon Respondent’s delivering to Gary a copy of the corp. tax return for 2017 and the P&L and balance sheet upon which the 2017 tax return is based.
  8. Child Support: Child support for both parties should be zero at this time, but reserved for future changes in circumstances.
  9. Division of Property and Maintenance: Each party will keep the personal property they now have.
  10. Bank and Credit Accounts: The parties have disclosed the following account information:
  11. North Star (joint) $889.34

b. Wells Fargo (Shape – jt) $ 88.33

c. Wells Fargo (Gary’s) $844.29

d. Barkley’s Card (Gary’s) ($746.83)

e. Credit One (Gary’s) ($179.81)

f. Venture Bank (Ritzelda’s)$4067.19

g.Wells Fargo (Ritzelda’s) $2,015.00

Petitioner waives his claim for an equal share of these accounts.

  1. Maintenance:Both parties waived any claim for maintenance.

Miscellaneous

  1. Appendix A: Appendix A is attached to this document. It explains the rights and obligations of both parents regarding support payments, parenting time, address changes, and access to information. The provisions of Appendix A apply to the parties unless modified by this document.
  2. Agreement: The parties agree that the foregoing Findings of Fact and Order incorporate the complete and full agreements between the parties on the issues addressed. The parties agree, and the Court finds, that the terms of this agreement are fair and equitable to both parties and the joint children.

APPROVED AS TO FORM
AND CONTENT.
______
Frank Mabley
Attorney for Petitioner
Attorney License No. 006578X
3450 Lexington Ave. N.
Suite 104
Shoreview, MN 55126
Phone: (651) 636-7696 / APPROVED AS TO FORM
AND CONTENT.
______
Suzanne Guertin
Attorney for Respondent
Attorney License No. 0390256
SOUTHERN MINNESOTA REGIONAL LEGAL SERVICES, INC.
55 East Fifth Street, Suite 400
St. Paul, MN 55101
Phone: (651) 222-5863

IT IS SO ORDERED

BY THE COURT

______

Laura Nelson,

Judge of Ramsey County District Court

Dated: ______

APPENDIX A

NOTICE IS HEREBY GIVEN TO THE PARTIES:

I. PAYMENTS TO PUBLIC AGENCY. According to Minnesota Statutes, section 518A.50, payments ordered for maintenance and support must be paid to the Minnesota child support payment center as long as the person entitled to receive the payments is receiving or has applied for public assistance or has applied for support and maintenance collection services. Parents mail payments to: P.O. Box 64326, St. Paul, MN 55164-0326. Employers mail payments to: P.O. Box 64306, St. Paul, MN 55164.

II. DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A FELONY. A person may be charged with a felony who conceals a minor child or takes, obtains, retains, or fails to return a minor child from or to the child's parent (or person with custodial or parenting time rights), according to Minnesota Statutes, section 609.26. A copy of that section is available from any court administrator.

III. NONSUPPORT OF A SPOUSE OR CHILD – CRIMINAL PENALTIES. A person who fails to pay court-ordered child support or maintenance may be charged with a crime, which may include misdemeanor, gross misdemeanor, or felony charges, according to Minnesota Statutes, section 609.375. A copy of that section is available from any district court clerk.

IV. RULES OF SUPPORT, MAINTENANCE, PARENTING TIME.

A.Payment of support or spousal maintenance is to be as ordered, and the giving of gifts or making purchases of food, clothing, and the like will not fulfill the obligation.

B.Payment of support must be made as it becomes due, and failure to secure or denial of parenting time is NOT an excuse for nonpayment, but the aggrieved party must seek relief through a proper motion filed with the court.

C.Nonpayment of support is not grounds to deny parenting time. The party entitled to receive support may apply for support and collection services, file a contempt motion, or obtain a judgment as provided in Minnesota Statutes, section 548.091.

D.The payment of support or spousal maintenance takes priority over payment of debts and other obligations.

E.A party who accepts additional obligations of support does so with the full knowledge of the party's prior obligation under this proceeding.

F.Child support or maintenance is based on annual income, and it is the responsibility of a person with seasonal employment to budget income so that payments are made throughout the year as ordered.

G.A Parental Guide to Making Child-Focused Parenting-Time Decisions is available from any court administrator.

H.The nonpayment of support may be enforced through the denial of student grants; interception of state and federal tax refunds; suspension of driver’s, recreational, and occupational licenses; referral to the department of revenue or private collection agencies; seizure of assets, including bank accounts and other assets held by financial institutions; reporting to credit bureaus; interest charging, income withholding, and contempt proceedings; and other enforcement methods allowed by law.