Fill and Sign the Grand Forks Couple Charged with Child Endangerment Kvrr Form

12345678910111213141516171819202122232425262728 IN DISTRICT COURT, COUNTY OF GRAND FORKS, STATE OF NORTH DAKOTA Kyle L. Cvancara, ))Civil No.Plaintiff, ))v. )APPLICATION AND AFFIDAVIT)IN SUPPORT OF APPLICATIONDuane A. Cvancara, )FOR INTERIM ORDER)Defendant. ) *************AFFIANT, Kyle L. Cvancara, being duly sworn and upon oath deposes and says:1.That she is the Plaintiff in the above-entitled action, and makes this Affidavit in support of an Interim Order. 2.That the parties have one child of the marriage: Alexis Joycelyn CvancaraDOB: 1-18-89 3.A.Current situation of parties: Parties are both working. Plaintiff works from 10:15 a.m. to 4:00 p.m., 30-32 hours per week, as a cashier at Ponderosa and earns $6.75 per hour. Defendant has been working from approximately 3:00 a.m. to 1:00 p.m. at Hugo’s as the Dairy/Frozen Foods manager and earns approximately $2,000.00 per month. As of August 17, 1998, he is now working 6:00 a.m. to 3:00 p.m. Since beginning the divorce process, Plaintiff and the minor child have been staying at Plaintiff’s sister’s home while the sister has been primarily at their summer lake home. In order that the child was able to spend some evenings with her father, Plaintiff was arising at 2:00 a.m. to go to Defendant’s home to be with the child during her overnight stays there. B. Basis for granting temporary custody: Plaintiff has been her daughter’s primary caretaker and has work hours which are much more suitable to oaring for a school age child and getting her ready each morning. Plaintiff acknowledges a close relationship between the child and Defendant and desires that the relationship continue through liberal visitation which is tailored to the parties’ work schedules and her daughter’s needs. 2 123456789C.Need for temporary support, both for spouse and child: Child support (see attached Child Support Calculations) of $362 when added to Plaintiff’s net earnings of $850 totals only $1,212, over $400 shy of her monthly budget of $1,635. Plaintiff’s budget includes car payments, most the the parties’ debts and daycare for her daughter. Plaintiff is seeking more work hours and may consider a second job but, in the meantime, she needs temporary spousal support of $450.00 per month.D.Basis for granting temporary possession of marital home and/or vehicles: There is no dispute regarding vehicles or residences.E.Need for allocating payments on marital debts between the parties: Plaintiff intends to pay the following debts: Discover (Kyle’s)$20.0010Target (Kyle’s)$20.00Mastercard (Kyle’s)$20.00 11 First Bank (Kyle’s car)$216.58Plaintiff’s total$276.5812Plaintiff asks that Defendant pay the following:13Visa (Duane’s)$20.00 14Altru$ 75.0015Dr. Kelly$50.0016Defendant’s total$145.001718192021222324252627284. Based on the above, Plaintiff respectfully requests that an Interim Order be granted on the following terms:1.TEMPORARY CUSTODY AND VISITATION: That Plaintiff is awarded the temporary legal and physical custody of the minor child of the parties, Alexis Joycelyn Cvancara, born January 18, 1989, subject to the right of liberal visitation reserved to the Defendant. The Defendant shall provide reasonable notice to the Plaintiff of any intention to exercise visitation. 2. TEMPORARY POSSESSION OF MOTOR VEHICLES: That Plaintiff is awarded the temporary use and possession of the 1996 Mercury Mystic and the Defendant is awarded the temporary use and possession of the 1989 Buick Park Avenue. 3 12345678910111213141516171819202122232425262728 3.TEMPORARY SPOUSAL SUPPORT: That the Plaintiff is awarded and the Defendant is ordered to pay temporary spousal support in the amount of $450.00 per month, commencing on the 1st of the month following the date of entry of this order, and continuing to be due on the 1st of the month thereafter until final resolution of this matter, or until further order of the court. 4. TEMPORARY CHILD SUPPORT: That Plaintiff is awarded and the Defendant ordered to pay the sum of $362.00 per month as and for temporary support for the minor children. Such payments shall be due and payable on or before the 1st of each and every month, commencing September 1, 1998 and continuing until final resolution of this matter, or further order of the Court. 5.SUPPORT PAYMENTS: All support payments required under this Order shall be paid in a form acceptable to the Clerk of the District Court (cash, employer’s check, money order or cashier’s check, but NOT by personal check). Ail support payments shall be made to the Clerk of the District Court, as trustee for remittance to the obligee. Payments shall be mailed to Clerk of the District Court, P.O. Box 5939, Grand Forks, ND 58206-5939. Notice of any change of address or employment shall be provided to the Clerk of the District Court by the obligor within 10 days of any such change. 6. NOTICE OF INCOME WITHHOLDING PROVISION: Pursuant to NDCC 14-09- 09.24, this Order shall act as an immediate Order to withhold wages or other income for the support herein ordered. Accordingly, the employer shall withhold the support and transmit the payments to the Clerk of the District Court, Grand Forks County Courthouse, P.O. Box 5939, Grand Forks, North Dakota 58206-5939. 7.TEMPORARY POSSESSION OF MARITAL HOME:Plaintiff shall be entitled to the exclusive use and possession of the apartment at 1118 27th Avenue South, Grand Forks, North Dakota. Defendant shall be entitled to the exclusive use and possession of the apartment at 2323 South 17th Street #104, Grand Forks, North Dakota. Defendant is enjoined and restrained from entering into or occupying, without permission of the Plaintiff, any residence occupied by the Plaintiff and the minor child of the parties. 8.PAYMENT OF MARITAL DEBT DURING PENDENCY OF ACTION: During the pendency of this action the debts of the marriage shall be serviced as follows: 4 1The Plaintiff shall pay the following debts:2Discover (Kyle’s)$20.003Target (Kyle’s)$20.004Mastercard (Kyle’s)$20.005First Bank (Kyle’s car)$216.586Plaintiff’s total$276.587The Defendant shall pay the following debts:8Visa (Duane’s)$20.009Altru$75.0010Dr. Kelly$50.0011Defendant’s total$145.001213141516171819202122232425262728 9. TEMPORARY RESTRAINING PROVISIONS: 1)Parties shall refrain from molesting, annoying, harassing or interfering with each other in any way.2)Neither party may dispose of any assets except (i) for the necessities of life or for the necessary generation of income or preservation of assets, (ii) by an agreement in writing, or (iii) for retaining counsel to carry on or to contest this proceeding;3) All currently available insurance overage must be maintained and continued without change in coverage or beneficiary designation 5. Further Affiant sayeth not. Dated this _________ day of August, 1998. ___________________________________ Kyle L. Cvancara, Affiant Subscribed and sworn to before me this ________ day of August, 1998. ___________________________________ Notary Public