Fill and Sign the Minnesota Stipulation Form

STATE OF MINNESOTA DISTRICT COURT COUNTY OF       JUDICIAL DISTRICT FAMILY COURT DIVISION In Re the Marriage of: Court File No. , Petitioner, STIPULATION AND ORDER FOR TEMPORARY RELIEF AND , Respondent, WHEREAS, a dissolution action has been commenced between the parties; and WHEREAS, there are temporary issues which need to be resolved during the pendency of the action; and WHEREAS, the parties desire to resolve the temporary issues by mutual agreement, NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as follows: A. That the terms contained in this Temporary Stipulation may be utilized by the Court and entered as an Order for Temporary Relief. That the Order for Temporary Relief may be entered by the Court ex parte based on the request of one or both of the attorneys for the parties after it has been fully executed by both parties and their attorneys. The above-entitled matter came on for hearing on , _________ , on the application of for temporary relief pending trial and the counter motion of , before the Honorable - 1 - , [Referee/Judge of the Court] . The parties were both personally present before the Court, and represented by counsel, Attorney's Name for Petitioner and Attorney's Name ., for Respondent. The parties were both personally present before the Court, Petitioner/Respondent represented by Counsel, Attorney's Name and Petitioner/Respondent appearing pro se. Petitioner/Respondent appeared personally at the hearing hereof and was represented by counsel, Attorney's Name and there was no appearance by Petitioner/Respondent although it appeared that Petitioner/Respondent was timely served, on Date with notice of this hearing. That Petitioner shall hereinafter be referred to as [Husband/Wife] and Respondent as - 2 - [Husband/Wife] . Upon all of the files, records and proceedings herein, the Court makes the following ORDER: - 3 - *1. Pursuant to the agreement of the parties made at the hearing hereof, service of a copy of this Order upon the attorney for the [Husband/Wife] at [his/her] last known address by _________ , by the attorney for the [Husband/Wife] , shall constitute due and proper service of this Order and proof thereof, for all purposes. *2. That each party shall notify the Assignment Clerk of Family Court, (address), in writing , of any change of business or residence address within five days of such change. The notice given shall contain the above file number, and a copy shall be provided to the other party or attorney. *3. That the Wife and Husband, and their agents and servants be, and each is, enjoined and restrained from doing, or attempting to do, any act interfering with, harassing, injuring, maltreating, vilifying or molesting the other party. *4. That the [Husband/Wife] shall vacate the residence of the parties located at , on or before , removing only - 4 - his/her personal belongings and effects, and shall leave the premises in good order. *5. The [Husband/Wife] is granted exclusive use and possession of the residence of the parties located at _______________ from and after . "Exclusive use and possession" means that the other party has no right to enter the home or grounds, except for the sole purpose of exercising rights of visitation, as herein or hereafter ordered, after providing proper notice. The obligation to make the payments of rent principal, interest, taxes and insurance (presently $ per month) due on said premises shall be that of the [Husband/Wife] from and after the aforesaid possession date. *6. That the household goods and furnishings of the parties shall temporarily be in the exclusive use and possession of the [Husband/Wife] the parties as presently divided with the exception of the following items, which shall be in the possession of the - 5 - [Husband/Wife] : The parties in accordance with their agreement and that, absent such agreement, the parties may submit their positions to the Court, including an itemized listing, and the Court will make its decision, ex parte, as to possession. *7. That the [Husband/Wife] shall be entitled to the temporary exclusive use and possession of the automobile of the parties subject to the payment of any encumbrances of record during the pendency of this action. The [Husband/Wife] shall be entitled to the temporary exclusive use and possession of the automobile of the parties subject to the payment of any encumbrances of record during the pendency of this action. *8. That both of the parties hereto are mutually enjoined and restrained from selling, disposing of, encumbering, assigning, secreting or dissipating the assets of the parties, whether the same be held jointly or severally, including , without the further Order of this Court (or the written agreement of both parties.) (Excepted from this restraining order is the homestead of the parties, which may be sold subject to escrow of the net proceeds.) *9. That - 6 - both parties the Husband the Wife [is/are] restrained from changing the number of payroll exemptions for income tax withholding purposes, and that any Federal and State income tax refunds and/or renter or property tax credits due or hereafter coming due to the parties, or either of them, shall be held, and shall not be disposed of pending further order of this Court (or the written agreement of both parties.) (with the exception of the first $ which shall be paid as a contribution toward temporary attorney's fees to Counsel for the Wife Husband at the rate of $ to Counsel for each of the parties). *10. That each party - 7 - the Husband the Wife shall maintain in full force and effect, without any change in coverage or beneficiaries, the respective medical, dental, health and accident insurance, life insurance, and automobile insurance on the vehicle in possession, presently in effect with the exception of which shall be the obligation of the Wife Husband, at the next premium renewal. That as soon as group medical, dental, health, hospitalization, and/or accident insurance for the benefit of the spouse and the minor child of the parties is available through h employment, the Husband Wife shall procure and maintain the same. *11. That, to the extent of this Court's jurisdiction over the parties, the liability of the Husband and Wife for debts incurred during the marriage, under Minnesota law, terminated on the date of separation - 8 - service of the petition the hearing herein ( ). Any bill, debt, or obligation incurred by either party after the aforesaid date shall be the obligation only and solely of the party incurring the same. The (Husband/Wife) shall be liable for payment of future installments of the rent principal, interest, taxes and insurance on the homestead of the parties as ordered above. The income and funds of the parties are to be expended, to the extent possible, according to the following priorities: (a) Expenditures necessary for the basic necessities of the parties and their dependents; (b) Payment of child support and/or spousal maintenance, as herein ordered; (c) Expenses necessary to produce income; (d) Other obligations specifically ordered herein, such as medical and life insurance; (e) Payment of secured obligations; (f) Payment of unsecured obligations. Excepted from the above [is/are] which shall be the obligation(s) of the - 9 - (Husband/Wife) . The responsibility of the parties for debts is controlled by Minnesota Statutes and case law, including Minnesota Statute Chapter 519 and the debt instrument, as they may apply, as amended by this Order. This provision is subject to re-examination at the final hearing. *12. That temporary custody of the minor child of the parties shall be in the (Husband/Wife) , subject to the right of reasonable visitation on 24 hours' notice given in advance, or upon such lesser notice as the parties shall agree. Visitation shall be ______________________________ *13. That as and for a contribution toward the (Husband/Wife) 's attorney's fees and costs herein, the (Husband/Wife) shall pay, at the office of counsel, the sum of $ fees and $ costs, payable (on or before Date ). (at the rate of $ - 10 - on the       day of each month, commencing Date ). (as follows: ). *14. That the issue of temporary attorney's fees is hereby reserved until final hearing. *15. That the (Husband/Wife) shall pay to the other spouse, as and for support of the minor child of the parties, the sum of $ per week on ( __________ ) of each and every week, commencing Date . $ per month at the rate of $ on the and days of each month, commencing Date . - 11 - $ on each of his/her paydays, commencing Date , it being the understanding of the Court that he is paid every second week, a total of       pay periods per year. Said obligation shall continue until the last child is no longer legally entitled to support. *16. That as and for temporary spousal maintenance, the (Husband/Wife) shall pay to the (Husband/Wife) the sum of $ per       payable in the same manner as support commencing Date . Said payments shall continue (through Date .) (until the (Husband/Wife) shall have procured employment netting [him/her] at least $ per month), after which time, spousal maintenance shall be terminated and become reserved. - 12 - *17. The question of temporary spousal maintenance is reserved. *18. That the (Husband/Wife) presently receives $ per month welfare assistance, and that as long as any aid is being provided, all amounts herein or hereafter payable as support and/or spousal maintenance shall be made payable directly to _______________ , Address , City , State ZipCode , (address) to which a copy of this Order shall be directed. At such time as the (Husband/Wife) . *19. That the (Husband/Wife) shall be entitled to the use and possession of the during the pendency of this action. This award includes the obligation to physically maintain and pay all expenses and obligations of said property and the right to the rents and income, if any. *20. That the present financial situation of the parties upon which this Order is based, is as follows: (a) The Wife is ______________________________ (b) The Husband is ______________________________ - 13 - (c) The parties have the following secured debt(s): ________________________________________ (d) The support ordered deviates from the Ch. 518.551 Guidelines because _________ . *21. The attached Appendix is incorporated and made a part of this Order or Judgment. The attached Appendix A is incorporated and made a part of this Order or Judgment. The appendix includes provisions regarding Automatic Income Withholding pursuant to M.S. §518.613; Non- Automatic Income Withholding pursuant to M.S. §518.611; Family Court Rule 303.06; Cost-of- Living Adjustments pursuant to M.S. §518.641; Payments to Public Agency pursuant to M.S. §518.551; Docketing of Judgments for Child Support Arrearages pursuant to M.S. §548.091; Docketing of Judgment for Maintenance Arrearages pursuant to M.S. §548.091; Change of Address pursuant to M.S. §518.55; Medical Insurance and Expenses; Deprivation of Custodial or Parental Rights pursuant to M.S. §609.26; Notice of Certain Parental Rights pursuant to M.S. §518.17; Notice of Capital Gains Tax. *22. (a) That an amount equal to the (Child Support/Spousal Maintenance) ordered above, shall be withheld from the (Husband/Wife) 's income by his/her present employer or other payor of funds, , and any future employer or other payor of funds, and shall be remitted to - 14 - _______________ , Address , City , State ZipCode , (address) monthly or more frequently, in accordance with Minnesota Statutes Chapter 518. The file number and the Obligor's name shall be included with each remittance. (b) An additional amount equal to 20 percent of the amount required to be withheld by paragraph the employer shall withhold (a) from the income of the Obligor or payor until the entire arrearages in paragraph       , in the amount shown in the notice of income withholding, is paid. *23. That the provisions of this Order were announced at the hearing and were effective at that time. *24. That the parties acknowledge that each of them has read the foregoing terms and requests that the Court enter its Temporary Order putting said terms into effect. Dated this ______ day of __________ , 20 ______ . ____________________________________ ___________________________________ Petitioner Respondent ____________________________________ ___________________________________ Name_____ Name_____ Attorney for Petitioner Attorney for Respondent Address: ____________________ Address: ____________________ Address: ____________________ Address: ____________________ City: ____________________ City: ____________________ State:. ____ Zip __________ State: ____ Zip __________ Phone: ____________________ Phone: ____________________ Attorney Reg. # __________ Attorney Reg # __________ - 15 - - 16 -