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J List of Clauses Joint Custody-Children to reside with Wife Joint Custody-Principal residence with Husband; secondary residence with Wife Joint Custody; Equal Time with Children; Consultations on Upbringing Joint Custody; Exchange of Custodial Periods Joint Custody; Residency Requirements Joint Custody; Rights Defined Joint Custody; Visitation Rights-Principal residence with Wife; visitation schedule for Husband Jointly Held Stock; Utilization of Joint Tax Returns; Agreement to File Joint Tax Returns; Agreement to File; Appointment of Other Spouse as Attorney- in-Fact-Wife appoints Husband attorney-in-fact Joint Tax Returns; Agreement to File; Party Paying Taxes Entitled to Any Refund- Husband to pay taxes due and to receive refund Joint Tax Returns; Agreement to File; Responsibility for Taxes and Expenses- Husband to pay for preparation; parties to cooperate on return preparation; Husband to pay all taxes due Joint Tax Returns; Proportionate Liability and Refund SharingJ Text of Clauses Joint Accounts: See: Bank Accounts Joint Custody-Children to reside with Wife (See also: Child Custody)The Wife and Husband shall have joint custody of unemancipated child during their minority. The children, however, shall reside with the Wife. Subject to the limitations as set forth in this Article, the day-to-day supervision of the children shall be made by the parent with whom the children may be with at the particular time that such decision may be made. Joint Custody-Principal residence with Husband; secondary residence with Wife (1) The parties agree that there shall be joint custody of the children of the marriage. (2) The parties hereby agree that the children shall live with the Husband, but for two weekends each month at the Wife's request, shall reside with the Wife. The Wife, on or before the first day of the month to proceed, must inform the Husband of the two weekends (if any) that she requests. Joint Custody; Equal Time with Children; Consultations on UpbringingThe parties shall have joint legal and residential custody of the children. The children shall spend an equal amount of time at both parents' residence. The parties shall consult with each other on all matters relating to the health, education and religious upbringing of the children. Joint Custody; Exchange of Custodial Periods The parties acknowledge that due to the requirements of their respective employment, they may on occasion be unable to be present for custodial periods. The parties agree that they will cooperate with each other and exchange custodial periods whenever possible so as to not deny the child the company of the other party. Any exchanges or changes in custodial periods or inability to exercise custodial periods by reason of the foregoing shall not be considered a violation of the Agreement. Joint Custody; Residency Requirements (1) The parties shall have joint custody of the children subject to the provisions hereof which give certain rights of residency, decision, dispute and resolution with respect to matters concerning the children. (2) The children's home and primary residence shall be with the Wife, except that the Husband shall have them reside with him as follows: (a) On alternate weekends from Friday at 6:00 p.m. until Monday morning. (b) On Sunday evening after dinner through Monday morning of the weeks on the alternate weekends when the Husband shall not have the children residing with him, so that in each said week, the children shall reside with the Husband from Sunday evening after dinner through Monday morning. (c) On an additional overnight during the week when each child attains age twelve and in accordance with that child's best interests. (d) In connection with the Husband's residence periods set forth above, the Husband shall return the children to the Wife's residence to take the school bus on school mornings unless otherwise agreed by the Wife and the Husband. (e) On Wednesday evenings for dinner, except that if a Wednesday evening is not convenient for the Husband or for the children, another weekday evening shall be substituted. (f) The parties shall share equally the holidays and vacation periods of the children. The Wife may determine a schedule of her one-half of such holidays for the year commencing July 1, 20___ through June 30, of the following year and the Husband shall have such choice of holidays for the year commencing July 1, 20___ through June 30, of the following year. The same alternating year procedure of choice by each parent shall continue until an Emancipation Event shall occur with respect to each of the children. (g) The parties shall share subject to residency periods and children's activities, the secular holidays, including, but not limited to, New Year's Day, Lincoln's Birthday, Washington's Birthday, Memorial Day, July 4th, Labor Day, Columbus Day, Thanksgiving and Christmas Day, except if the children are away with the other parent as otherwise permitted by the provisions in this Agreement. (h) The parties shall share equally as arranged between them the Christmas vacation, Spring vacation, Easter Holiday and Winter Vacation, having due regard to the best interests of the children and the schedules of the Husband and Wife. (i) Three quarters of the summer Period remaining during which the children shall not be in attendance at summer camp or equivalent summer activity. (j) At such other days and times as shall be agreed upon between the Husband and the Wife, having regard to maintaining an affectionate relationship between the Husband and children and the Wife and the children and in the interest and welfare of the children. (3) The children shall be with the Husband for a reasonable period of time on Father's Day and on the birth date of the Husband each year. The children shall be with the Wife for a reasonable period of time on Mother's Day and on the birth date of the Wife each year. The children shall be with both parents independently for a reasonable time on each of the children's birthdays. (4) Except as prevented by a reasonable business commitment or emergency of the Husband or illness of the Husband, the Husband shall exercise all periods of residence of the children with him as set forth in this Agreement. Failure by the Husband to exercise any period of residence by the children with him shall not be deemed to be a waiver by the Husband with respect to any further exercise by the Husband of any such period of residence. (5) In the event that either the Husband or Wife is ill, or is unable to exercise any of his or her respective periods of residence with the children, the other parent shall have the right to have the children reside with her or him during any such respective periods of residence. (6) The Husband (except as prevented by actual emergency), in consideration of the Wife and her need to make plans for the children, shall inform the Wife not later than two days prior to the commencement of any day on which he will be unable to exercise said period of residence with the children, except that the Husband shall inform the Wife not later than six (6) weeks before the Christmas Vacation, Easter Holiday, Winter Vacation, and Spring Vacation on which he will be unable to exercise such visitation, and shall similarly inform the Wife not later than April 15 of each year with respect to the summer residence. Joint Custody; Rights Defined In view of the love and concern each parent has for their children and the shared responsibility of both parents for their care, the parties shall have joint legal custody. Joint custody includes, but is not limited to each party having equal parental decision making regarding the well-being, care, supervision, and control of each child. The parties shall consult with each other with respect to a child's education, religious training, summer and after- school activities, illness and operations (except in emergencies), health, welfare, and other matters of similar importance affecting the children, whose well-being, education and development shall at all times be the paramount consideration of the parties. Each parent shall be entitled to complete detailed information from any school or other educational institution, any physician, dentist, consultant or specialist attending a child, and each party shall be furnished copies of any reports available from them. Each party shall keep the other reasonably informed of the whereabouts of each child, and each party agrees that if either of them have any knowledge of any serious illness or accident or other circumstances affecting a child's health or general welfare, prompt notice thereof will be given to the other of such circumstances. If there is disagreement between the parents as to any matter involving their children, they shall first attempt to resolve it by discussion between them or by medication before taking any other action. Although the residence of the Wife shall be the primary residence of the children, the parties desire that the children have free and open access to both parents; they shall foster that access by permitting and encouraging open communication and encouraging the children to spend time with both parents in accordance with the wishes of the children. Joint Custody; Visitation Rights-Principal residence with Wife; visitation schedule for Husband(1) The Husband and the Wife shall have joint custody of the children, who will primarily reside with the Wife subject to the rights of the Husband as set forth herein. (2) The children shall be with the Husband for a reasonable period of time on Father's Day and on the birth date of the Husband each year. The children shall be with the Wife for a reasonable period of time on Mother's Day and on the birth date of the Wife each year. The children shall be with each parent independently for a reasonable period of time on each of their birthdays. (3) The Husband shall have the children reside with him as follows: (a) Half of two weekends of each month, e.g., from 6 p.m. on Saturday until 6 p.m. on Sunday; or 6 p.m. on Friday until 6 p.m. on Saturday; or 12 noon in Saturday until 12 noon on Sunday, to be mutually agreed upon between the parties; (b) On one weekend of each month from 6 p.m. Friday to 6 p.m. Sunday, to be mutually agreed upon between the parties; (c) On Wednesday evening of each week from 6 p.m. to 8:30 p.m.; (d) Two weeks during the summer not to interfere with camp or other summer activity; (e) Other school holidays to be alternated or divided between the mother and father upon their mutual agreement. Jointly Held Stock; Utilization of The parties agree that for tax purposes it would be improvident to sell their jointly held stock until full utilization of the carry loss forward provisions of the tax laws. Accordingly, the Husband shall have exclusive use and ownership of all stock jointly owned by the Husband and Wife, provided, however, that in the month of _______ of each year commencing in 20__, the Husband shall pay to the Wife an amount equal to: (1) 50% of the proceeds generated by the sale of such stock minus the cost-basis and commissions associated with the purchase and sale of such stock; and (2) 50% of the tax benefit to the Husband of any loss associated with the sale of such stock. Joint Tax Returns; Agreement to File (See also: Separate Tax Returns; Agreement to File) The Husband and Wife have heretofore filed joint federal, state and city tax returns. Each of the parties agree that upon the other's request if they are still married to each other on December 31, _____ he or she will sign any joint income tax returns which will be prepared for the calendar year _____. Joint Tax Returns; Agreement to File; Appointment of Other Spouse as Attorney- in-Fact-Wife appoints Husband attorney-in-fact The Wife will, if the Husband requests, execute joint tax returns to any taxing authority for the calendar year _____ or any other year in which they qualify to do so. The Wife hereby appoints the Husband, if he elects to file joint returns for the year ________, or any other year in which they are qualified to do so, as her irrevocable attorney-in-fact to execute any such joint returns as prepared by him or his accountant and to endorse any refund checks. Any taxes due on any such returns shall be paid by the Husband. If there be any refund, the same shall be the sole and exclusive property of the Husband. The Husband shall provide the Wife with an accurate and legible copy of any return filed. Joint Tax Returns; Agreement to File; Party Paying Taxes Entitled to Any Refund- Husband to pay taxes due and to receive refundThe parties agree that for the year _____, they shall file a joint income tax return with any and all taxes, interest, or penalties due to be paid by the Husband, and any refunds received shall be the property of the Husband. Joint Tax Returns; Agreement to File; Responsibility for Taxes and Expenses- Husband to pay for preparation; parties to cooperate on return preparation; Husband to pay all taxes due The parties agree to file joint federal and state tax returns for the years ______ and ________, provided the parties were married on the last day of the latter year. The following provisions shall be applicable to said returns: (1) The joint tax returns shall be prepared at the Husband's expense by his tax advisors, provided the Wife may have the same reviewed by her tax advisors at her expense. (2) Each party shall cooperate with the other in a timely manner in the preparation of such returns and in providing the information necessary for the preparation of such returns. (3) The Husband shall pay all taxes due and expenses in connection with said returns. Joint Tax Returns; Proportionate Liability and Refund Sharing The parties have filed joint income tax returns for each year during their marriage through the calendar year 20__. The parties agree to file joint tax returns for calendar year 20__ and each party shall pay his or her proportionate share of the joint tax liability and any refund will be shared by the parties in proportion to their reported income. If, in connection with any joint federal, state or city income tax returns heretofore or hereafter filed jointly by the Husband and Wife, there is a deficiency assessment, the amount ultimately determined to be due thereon, including penalties, interest, etc., shall be borne by the Husband. Notwithstanding the foregoing, the Wife will bear such charges to the extent that the same shall have been caused by the failure or neglect thereof by the Wife to disclose any income which should have been reported and included on such returns, or caused by the Wife's improper or inaccurate calculations or statements of deductions or credits. Each party agrees to promptly notify the other in the event of their receipt of any notice from any income taxing authority (federal or state) concerning any previously filed joint income tax return. If, with respect to any tax heretofore or hereafter paid under a joint return, the parties are entitled to a refund or credit, the same shall be divided between the parties in proportion to their respective incomes for that tax year. The parties agree to furnish each other with all necessary documents and information, and cooperate with each other and their respective accountants and attorneys in the preparation of any joint tax returns in connection with any audit for past due monies and/or procedures necessary, or forms required in order to obtain tax refunds.