LISA WINNETT

1490 Cannonwood Place

Taylorsville, Utah, 84123
801-674-9981
lwinnett@gmail.com
Attorney for Petitioner
In the District Court of Utah
Third Judicial District, Salt Lake County

THOMAS CRUISING

STIPULATION

Petitioner

Civil No. 13123456

v.
KATRINA HOLMES
Respondent

Judge Benjamin Cardozo

Commissioner Harry Stone

THE PARTIES noted above hereby submit notice of their agreement in their case. The

parties understand that each has the right to a trial, the right to see a judge at any time, and the
right not to enter into a stipulation of settlement. However, after a review of all the issues, the
parties agree that they do not want to go to trial and instead agree to the following stipulation in
settlement of the issues in this matter. For the purposes of this stipulation, Petitioner was
represented by Dewey, Chatham and Howe. Respondent was represented by Perry Mason.
RECITALS

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Stipulation

A. The Parties enter into this Stipulation freely and voluntarily and with the intent to be bound
thereby.
B. This is the final and only agreement between the Parties, and no other representation, oral or
in writing, shall be binding upon them unless presented to and ordered by this Court.
C. Each party, in consideration of this Agreement, expressly releases the other party from any
and all claims, rights, and duties arising or growing out of said marital relationship other than
under the provisions of this Agreement.
D. All issues either party wishes to raise have been incorporated in this stipulation.
E. This Agreement shall be construed as if drafted by both parties equally and in all respects,
and as such the language of this Agreement shall not be construed strictly for or against either
of the parties nor construed against any party in the event deemed ambiguous on the basis of
contra proferentum or any like canon of construction or legal rule.
F. Petitioner withdraws any pleading, waives any and all objections or appearances in this
matter and further agrees to allow Respondent default to be entered by the Court.
STIPULATION
JURISDICTION
1. Both Petitioner and Respondent are bona fide residents of Salt Lake County, State of
Utah, and have been for three months immediately prior to the filing of this action.
2. The parties resided in the marital relationship in the State of Utah or the acts complained
of by Petitioner were committed by Respondent pursuant to Utah Code Ann. 78B-3-205.

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MARRIAGE
3. Petitioner and Respondent are husband and wife, having married one another on July 4th,
2008, in Park City, Utah.
SEPARATION
4. The parties separated on or about July 24th, 2013, and have resided apart from that time
on.
GROUNDS
6.

During the course of the marriage the parties have experienced difficulties that cannot be
reconciled that have prevented the parties from pursuing a viable marriage relationship.
Therefore, Petitioner should be granted a Decree of Divorce from Respondent.

CHILDREN

7. There has been 1 child born as issue of this marriage to wit: L.X. born January 2012.
8. Pursuant to Rule 100 Utah Rules of Civil Procedure, there are no proceedings for custody
of the above-named minor children filed or pending in the Juvenile Court.
THE UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT
9. Utah has jurisdiction to make child custody and parent-time determinations pursuant to
Utah Code Ann. 78B-13-101 et seq. in that Utah is the home state of the minor children.
CHILD CUSTODY
10. Both parties should be awarded joint legal custody and joint physical custody of the
minor children of the parties. The parties shall exercise physical custody of the minor
children pursuant to the Parenting Plan as follows:

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PARENTING PLAN
11. The parties shall share joint legal custody and joint physical custody of the minor child.
12. The parties shall discuss any major decisions regarding the minor child.
13. If the parties cannot agree, they will attend at least on session of dispute resolution before
bringing the issue before the court.
14. The Petitioner will be the final decision maker.
15. The parties will equally share custody. The Petitioner will have the child every
Wednesday and Thursday, and then every other weekend.
16. The parties will adopt the holiday schedule in Utah Code Ann. 30-3-35.
17. The party gaining custody shall provide transportation.
18. The parties hereby adopt Utah Code Ann. 30-3-37 as their relocation provision.
CHILD SUPPORT
19. Petitioner is employed by Robert Redford, earning $2917 per month working 40 hours
per week.
20. Respondent is salaried and grosses $4167 per month.
21. Pursuant to Utah Code Ann. 78B-12-202 et seq. Respondent should be ordered to pay
child support to commence the month following the entry of the divorce decree.
22. The sum of $69 per month as base support for the minor children of the parties pursuant
to the Uniform Child Support Guidelines until said children become 18 years of age, or
have graduated from high school during the children's normal and expected year of
graduation, whichever occurs later.

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a. Child Support payments are due on the 5th and the 20th of every month.
HEALTH INSURANCE
23. Pursuant to Utah Code Ann. 78B-12-212, if health insurance for the benefit of the minor
children is available to either party, that party should be required to maintain said
insurance.
a. Both parties should share equally the out-of-pocket costs of the premium actually
paid by a parent for the children's portion of insurance. The childrens portion of the
premium shall be calculated by dividing the premium amount by the number of
persons covered under the policy and multiplying the result by the number of minor
children of the parties in this case.
b. Both parties should share equally all reasonable and necessary uninsured and
unreimbursed medical and dental expenses, including deductibles and co-payments,
incurred for the minor children and actually paid by the parties.
c. The parent ordered to maintain insurance should provide verification of coverage to
the other parent, or to the Office of Recovery Services under Title IV of the Social
Security Act, upon initial enrollment of the dependent children, and thereafter on or
before January 2, of each calendar year. The parent should notify the other parent, or
the Office of Recovery Services, of any change of insurance carrier, premium, or
benefits within 30 calendar days of the date that parent first knew or should have
known of the change.

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d. A parent who incurs medical expenses should provide written verification of the cost
and payment of medical expenses to the other parent within 30 days of payment.
e. A parent incurring medical expenses may be denied the right to receive credit for the
expenses or to recover the other parent's share of the expenses if that parent fails to
comply with the Subparagraphs "c" and "d" above.
f. The parent to whom written verification is provided should reimburse the parent who
incurred the medical expenses one-half of the amount of the out-of -pocket costs
within 30 days of receipt of the written verification.
CHILD CARE EXPENSES
24. Pursuant to Utah Code Ann. 78B-12-214, both parties should share equally the reasonable
work-related or career or occupational training related child care expenses of the
custodial parent.
a. The non-custodial parent should begin paying his or her share of child care expenses
on a monthly basis immediately upon presentation of proof of the child care expense.
b. The parent who incurs child care expenses should provide written verification of the
cost and identity of a child care provider to the other parent upon initial engagement
of a provider and thereafter on the request of the other parent. The parent should
notify the other parent of any change of child care provider or the monthly expense of
child care within 30 calendar days of the date of the change. A parent incurring child
care expenses may be denied the right to receive credit for the expenses or to recover

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the other parent's share of the expenses if the parent incurring the expenses fails to
comply with these provisions.
c. The parent to whom written verification is provided should reimburse the parent who
incurred the child care expenses one-half of the amount of the out-of -pocket costs
within 30 days of receipt of the written verification.
DEBTS
25. Each party should assume and pay the following:
PETITIONER
Discover card - ($8,000)

RESPONDENT
AMEX - ($5,000)
Fedloan (student loan) - ($20,000)

a. All remaining debts and obligations should be the responsibility of the party who
incurred the particular debt.
b. Pursuant to Utah Code Ann. 30-3-5(c)(ii) the parties should notify respective creditors
or obligees, regarding the division of debts, obligations, or liabilities herein and the
parties separate, current addresses.
PERSONAL PROPERTY
26. During the course of the marriage, the parties have acquired certain items of personal
property. The parties should be awarded said property as they have heretofore divided it.

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FINANCIAL ACCOUNTS
27. During the course of the marriage the parties shared one bank account with a current
balance of $3,000,000,000 currently. This bank account will be split 50/50 between the
parties.
REAL PROPERTY
28. During the course of the marriage, the parties acquired real property to wit:
a.

A home located at 5420 S. Cottonwood Ln., Holladay, Utah, described as follows:

BEG W 224.4 FT FR N 1/4 COR SEC 15, T 2S, R 1E, SLM; S 24^ W249.37 FT; N
58^40' W 27.02 FT M OR L; N 22^40'20" E 15.1 FT; N 58^40' W 372.11 FT; N
219.61 FT M OR L; S 75^35' E 300.12 FT; S 73^20' E 228 FT M OR L; S 24^ W
83.2 FT M OR L TO BEG. ALSO BEG N 100.62 FT & W 196.92 FT FR S 1/4 COR
SEC 10, T 2S, R 1E, S L M; N 73^20' W 199.15 FT; N 75^35' W 199.21 FT; N 23^
05' E 89.41 FT; S 75^35' E 106.44 FT; N 20^52' E 48.95 FT; S 66^30'38" E 290.79
FT; S 22^41' W 100 FT TO BEG. 3.28 AC M OR L. The current value of this
property is $8,566,890.

b. Said real property should be sold as soon as reasonably practicable and the proceeds
of the sale should be applied as follows:
i. First, pay expenses of sale;
ii. Second, retire any and all mortgages and liens;

iii. Third, pay all marital debts and obligations;

iv. Last, the balance remaining thereafter to be divided equally between the parties.

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c. Both parties should execute any necessary documents for the listing and sale of said
real property. In the event the Respondent fails to execute said documents, Petitioner
may submit an ex parte motion, pursuant to Rule 70 of the Utah Rules of Civil
Procedure, and the Court may direct the clerk of the court to execute said necessary
documents.
ALIMONY
29. Pursuant to Utah Code Ann. 30-3-5, Petitioner should be awarded a sum of $400 per
month as alimony from Respondent for a period equal to the length of the marriage.
PENSION AND RELATED ASSETS
30. Respondent has pension and/or profit sharing plans or other retirement benefits through
Respondent's place of employment. Petitioner should be awarded one-half of all benefits
accrued pursuant to such plans during the period of the parties marriage from the date of
marriage until the date of the entry of the Decree of Divorce herein.
TAXES
31. Petitioner should be entitled to claim the minor childs exemptions for the purposes of
filing federal and state income tax returns on alternate years with Petitioner claiming said
child in even years.
ATTORNEYS FEES
32. Both parties should be ordered to assume his/her own attorney fees and costs.
OTHER
33. Petitioner should be restored the use of her former name, Katie Smith if she so desires.

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34. Each party shall execute and deliver to the other any and all documents required to
implement any of the provisions of the Decree of Divorce entered by the court.

DATED this ____ day of December, 2013.

_____________________________________
Thomas Cruising
Petitioner

DATED this ____ day of December, 2013.

_____________________________________
Kathrina Holmes
Respondent

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