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Law & Courts Building, 60296 M-62, Cassopolis, MI (Cass County Michigan Courts)

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Judgment of Divorce, (minor children)(11/13)
1
STATE OF MICHIGAN
43
rd
JUDICIAL CIRCUIT
CASS COUNTY
JUDGMENT OF DIVORCE
CONSENT/ DEFAULT
CASE NO.
Law & Courts Building, 60296 M-62, Cassopolis, MI 49031 269-445-4416
Plaintiff’s name, address and telephone number:
____________________________________
____________________________________
____________________________________
____________________________________
__________________________________________
Defendant’s name, address and telephone number:
____________________________________
____________________________________
____________________________________
____________________________________
__________________________________________
AT A SESSION OF SAID COURT, HELD AT THE
COURTHOUSE IN THE VILLAGE OF CASSOPOLIS
THIS ______ DAY OF ____________, 20 ____,
PRESENT: Honorable Susan L. Dobrich, Family Court Judge (P32783)
The Court having heard testimony establishing that the material facts as alleged in the
Complaint are true, and the Court having personal jurisdiction over the parties and
subject matter jurisdiction over the case, and the Court having been satisfied that there
has been a material breakdown in the marital relationship to the extent that the objects
of matrimony are destroyed and there remains no reasonable likelihood that the
marriage can be preserved, IT IS HEREBY ORDERED:
DIVORCE
The marriage between Plaintiff and Defendant is dissolved and a divorce granted.
WIFE IS NOT CURRENTLY PREGNANT
The Wife is not currently pregnant.
Judgment of Divorce, (minor children)(11/13)
2
NAMES AND DATES OF BIRTH OF MINOR CHILD(REN)
(Add additional sheet if necessary)
The following minor child(ren) is/are at issue in this case:
__________________________________, DOB ___________________
__________________________________, DOB ___________________
__________________________________, DOB ___________________
__________________________________, DOB ___________________
LEGAL CUSTODY OF MINOR CHILD(REN)
(If you check more than 1 box in the Legal Custody section, your order will not be approved by the Court)
Legal custody of the minor child(ren) born of this marriage is awarded:
Jointly to both parties.
Only to Plaintiff.
Only to Defendant.
until the child(ren) is/are 18 years old, or until further order of the Court.
If joint legal custody is awarded it means:
a. Both parents will enjoy equal and shared authority with the other parent with respect
to “major decisions” affecting a child, including, but not limited to: education, religion,
enrichment activities, or health/medical needs.
b. Everyday routine decisions shall be made by the parent with whom a child is with at
that time.
c. Each parent will consult with the other parent, and make a good faith effort to reach
an agreement before making “major decisions” such as those in paragraph “a” affecting
a child.
d. If a dispute develops concerning the co-parenting of the child(ren), and the parents
cannot reach a mutual agreement, or if one parent believes the other is not following
this joint custody order, they will jointly seek the advice of a mutually agreed upon third
party to mediate the dispute. They will not resort to a court petition without first taking
this step. [To avoid future problems, the parents may list at least one person, counselor,
or agency that they find acceptable to mediate any disputes that might arise.
THE COURT RESERVES THE RIGHT TO TAX COSTS AND ATTORNEY FEES
AGAINST A PARENT WHO FRUSTRATES THESE PROVISIONS, THEREBY
NECESSITATING A COURT MOTION HEARING.
Judgment of Divorce, (minor children)(11/13)
e. Each parent will timely keep the other parent advised of any and all illness,
emergencies, or other significant occurrences that develop while a child/the children
is/are with them.
f. Each parent will timely inform the other parent of all routine medical, dental, optical
and psychological treatments for a child/the children, and give opportunity to be present.
g. Each parent will timely inform each other parent of school, music, sports, fine arts, or
other enrichment activities of a child/the children, so as to allow an opportunity for
attendance and involvement.
h. As required by law, both parents will facilitate complete and unobstructed access to
all records pertaining to the development of a child/the children, including medical and
school records.
PHYSICAL CUSTODY OF MINOR CHILD(REN)
(If you check more than 1 box in the Physical Custody section, or have failed to complete
the checked section completely, your order will not be approved by the Court)
Sole Physical Custody.
The Plaintiff Defendant shall have physical custody of the minor child(ren) until
the child(ren) is/are 18 years old, or until further Order of the Court subject to the other
party’s parenting time schedule set forth below.
Joint Physical Custody.
The Plaintiff and Defendant shall have joint physical custody of the minor child(ren) until
the child(ren) is/are 18 years old, or until further Order of the Court according to the
parenting time schedule set forth below.
Split Physical Custody.
The Plaintiff shall have physical custody of the following minor child(ren):
__________________________________, DOB ___________________
__________________________________, DOB ___________________
and Defendant shall have physical custody of the following minor child(ren):
__________________________________, DOB ___________________
__________________________________, DOB ___________________
subject to each other’s parenting time schedule set forth below.
Judgment of Divorce, (minor children)(11/13)
PARENTING TIME (aka Visitation)
(If you check more than 1 box in the Parenting Time section, or have failed to complete
the checked section completely, your order will not be approved by the Court)
The Plaintiff Defendant shall have reasonable rights of parenting time with the
minor child(ren) of the parties. Should the parties become unable to agree upon
terms of reasonable parenting time which are not otherwise Court-ordered, then the
Cass County Friend of the Court’s written reasonable parenting time policy currently
in effect when the need for clarification or conflict resolution arises shall be applied,
until further Order of this Court.
The parents shall share parenting time equally on a week on, week off basis, with
the exchange of the child(ren) occurring on the following day of every week,
___________________________, at ________________________ a.m./p.m. and
the parties shall share holiday parenting time according to the Cass County Friend of
the Court’s Parenting Time Guideline with holiday parenting time taking priority over
regular parenting time.
The parents sharing parenting time according to the following schedule:
The Plaintiff Defendant shall have parenting time as follows:
Judgment of Divorce, (minor children)(11/13)
The Plaintiff Defendant shall have supervised parenting time with the minor
child(ren) as follows:
a) The reason for supervised parenting time:
____________________________________________________________
____________________________________________________________
b) The name of the person who will supervise the parenting time:
____________________________________________________________
c) The relationship of that person to the children: ______________________
d) Where the parenting time will occur: _______________________________
e) The days and times the parenting time will occur:
_______________________________________________________________
_______________________________________________________________
The parenting time Plaintiff Defendant shall be reserved at this time for the
following reasons:
INTERNATIONAL PARENTING TIME
Neither parent shall exercise parenting time in a foreign country/nation that is not a
party to the Hague convention on the Civil Aspects of International Child Abduction;
however, this prohibition does not apply with both parents’ written consent.
Judgment of Divorce, (minor children)(11/13)
IMPACT OF POSSIBLE PERSONAL PROTECTION ORDER
In the event a Personal Protection Order (PPO) exists between these parties, those
specific provisions which limit or prohibit contact between these parties shall control the
conduct of the parties during custody/parenting times set forth in this Order.
However, this Order has priority over any PPO in the granting of custody/parenting time,
and the parties shall make alternative arrangements necessary to carry out all Court-
ordered custody/parenting time, so as not to violate any PPO, while still ensuring that all
Court-ordered custody/parenting time occurs as ordered herein.
RESIDENCE OF MINOR CHILD(REN)
A parent whose custody or parenting time of a child is governed by this Order shall not
change the legal residence of the child except in compliance with section 11 of the Child
Custody Act, MCL 722.31.
DOMICILE OF MINOR CHILD(REN)
The domicile or residence of the minor child(ren) may not be moved outside the state of
Michigan without the prior approval of this Court by way of a Court Order allowing such
a move.
NOTICE OF ADDRESS CHANGE OF CHILD(REN)
The person(s) awarded custody shall promptly notify the Cass County Friend of the
Court in writing whenever a child is moved to any new address.
INALIENABLE RIGHTS OF EACH CHILD
The parents shall cooperate with respect to each child so as, in a maximum degree, to
advance each child's health, emotional, and physical well-being and to give and afford
each child the affection of both parents and a sense of security.
Neither parent will, directly or indirectly, influence a child so as to prejudice a child
against the other parent. The parents will endeavor to guide each child so as to promote
the affectionate relationship between each child and the mother and each child and the
father.
The parties will cooperate with each other in carrying out the provisions of this order for
each child's best interests.
Whenever it seems necessary to adjust, vary, or increase the time allotted to either
party, or otherwise take action regarding a child, each of the parties shall act in the best
interests of each child.
Judgment of Divorce, (minor children)(11/13)
Neither party shall do anything which may estrange the other party from a child, injure a
child's opinion of the other party, or which will hamper the free and natural development
of an otherwise natural parent/child relationship between a child and the other party.
RIGHT TO CLAIM MINOR CHILD(REN) FOR TAX PURPOSES
(This provision is optional)
Mother has the right to claim the following minor child(ren) for State and Federal
income tax purposes in even years in odd years every year:
__________________________________, DOB ___________________
__________________________________, DOB ___________________
__________________________________, DOB ___________________
__________________________________, DOB ___________________
Father has the right to claim the minor child(ren) of the parties for State and Federal
income tax purposes in even years in odd years every year:
__________________________________, DOB ___________________
__________________________________, DOB ___________________
__________________________________, DOB ___________________
__________________________________, DOB ___________________
The parties shall cooperate with each other and sign any forms which are necessary
(currently IRS form 8332), or be subject to the contempt powers of this Court upon their
failure to do so.
The Payer of child support shall only be entitled to claim the minor child(ren) as set
forth herein if he/she is in substantial compliance with his/her court ordered child
support obligations as of January 1
st
following the tax year for which he/she is
attempting to claim the child(ren).
SUPPORT OF CHILD(REN)
Child support, health care expenses and health care insurance costs, child care
expense sharing, retroactive modification of support, statutory fees and surcharges,
liens for overdue support and any and all other support related issues shall be
controlled as provided in the Uniform Child Support Order, which is attached and
incorporated by reference.
HEALTH-CARE COVERAGE AND EXPENSES
Both Plaintiff and Defendant are ordered to obtain and maintain health-care coverage
as provided for in the Uniform Child Support Order, which is attached and incorporated
Judgment of Divorce, (minor children)(11/13)
herein by reference.
The Plaintiff and Defendant shall each forthwith provide the other party, and the Friend
of the Court, upon request, with any and all documentation necessary for that party to
utilize any healthcare coverage available for a minor child, including but not limited to
insurance cards, explanations or listings of benefits, and/or claim forms and instructions
for filing a claim.
Remedial health-care expenses (cough syrup, Band-Aids, non-prescription medications,
etc.) shall be the responsibility of the parent with whom a child is staying with at the time
the need for such care shall arise.
DIRECT PAYMENT IS A GIFT
On or after the entry date of this Judgment, any payment made by the Payer directly to
the Payee shall be considered a gift, and no credit will be issued by the Cass County
Friend of the Court.
TITLE IV-D/DEPARTMENT OF HUMAN SERVICES INVOLVEMENT
In the event an order suspending child support is entered herein, and/or subsequent to
this Order, and a child is certified to become supported by public assistance, or is re-
certified to receive public assistance, then the child support charges, applicable
statutory fees, and the automatic enforcement of child support shall be established
commencing on that Monday, or the first Monday following date of certification or
recertification. Child support charges shall be in the amount last ordered by this Court,
or as established through a support establishment procedure if not previously ordered.
INCOME WITHHOLDING-ADDITIONAL PROVISIONS
Extraordinary income, including but not limited to bonus, incentive and vacation pays,
are subject to up to 50% withholding, over and above ordered regular monthly payment
of arrears. In the event the Payer is self-employed, the Payer shall make payments
directly to Michigan State Disbursement Unit/MISDU in Lansing.
The Payer shall provide the Cass County Friend of the Court the name, address and
telephone number of their employer(s) and/or any other source(s) of income which are
subject by law to withholding, and shall immediately give the Cass County Friend of the
Court notice of any subsequent change or addition to their current source(s) of income
subject by law to withholding. This notification requirement includes changes in benefits
of employment, income or healthcare coverage.
The Payer’s current employer(s) and/or source(s) of income is/are:
Judgment of Divorce, (minor children)(11/13)
ARREARAGE
As of the entry date of this Order, any past-due amounts owed for child support, fees
and costs are hereby preserved.
Arrearages shall be paid at the rate calculated using the Arrearage Guideline in the
Michigan Child Support Formula (currently § 4.02 of the MCSF).
TAX OFFSET PAYMENT
Arrearage qualifying for the Tax Offset Program will be submitted to the Internal
Revenue Service and Michigan Department of Treasury for interception of the Payer’s
income tax refund(s).
NOTICE REQUIREMENTS/ LICENSING INFORMATION
Paragraph 8 of the Uniform Child Support Order is adopted by reference and
incorporated herein. The driver’s license and professional license information of the
parties has been provided to the Friend of the Court in the Verified Statement and/or the
Judgment information form.
SPOUSAL SUPPORT
No spousal support is awarded, and it is forever barred.
Spousal Support is ordered as provided on the Uniform Spousal Support Order,
which is incorporated herein by reference. If spousal support is payable through the
Michigan State Disbursal Unit (MiSDU), the following provisions apply:
o On or after the entry date of this Judgment, any payment made directly to
the Payee shall be considered a gift, and no credit will be issued by the
Cass County Friend of the Court office unless ordered by the Court.
o Extraordinary income, including but not limited to bonus, incentive and
vacation pays, are subject to up to 50% withholding, over and above
ordered regular monthly payment of arrears.
o The Payer’s current employer(s) and/or source(s) of income is(are):
________________________________________________________________
________________________________________________________________
o As of the entry date of this Judgment, any arrears (including those
established through subsequent audit) shown on Cass County Friend of
the Court records (including but not limited to overdue support owing to
Judgment of Divorce, (minor children)(11/13)
10
the State of Michigan, overdue service fees owing to the County of Cass,
overdue support owing to one of the parties, or overdue uninsured health
care expenses, are hereby preserved.
o Should any arrearages exist upon the termination of payments ordered
herein, the Payer shall continue to pay an amount no less than the last
monthly ordered amounts towards said arrearages, until paid in full.
o Arrears qualifying for the Tax Offset Program will be submitted to the
Internal Revenue Service and Michigan Department of Treasury for
interception of the Payer’s income tax refund(s).
PROPERTY DIVISION
REAL PROPERTY: The parties’ real property shall be awarded as follows:
The parties do not own any real property.
Plaintiff is awarded the following real property as his or her sole and exclusive
property, free and clear of all claims by Defendant, and Plaintiff shall be solely liable for
any indebtedness on this property and Plaintiff shall hold Defendant harmless thereon:
Address of real estate:
Street address
City, State and Zip Code
(Note: a legal description must be attached to this document. A copy of
the deed will contain a legal description and may be used)
Defendant is awarded the following real property as his or her sole and exclusive
property, free and clear of all claims by Plaintiff, and Defendant shall be solely liable for
any indebtedness on this property and Defendant shall hold Plaintiff harmless thereon:
Address of real estate:
Street address
City, State and Zip Code
(Note: a legal description must be attached to this document. A copy of
Judgment of Divorce, (minor children)(11/13)
11
the deed will contain a legal description and may be used)
PERSONAL PROPERTY: The parties’ personal property shall be awarded as follows:
Each party is awarded all items of personal property now in his or her possession,
except as otherwise ordered herein, as his or her sole and exclusive property, free and
clear of any claim by the other party. Plaintiff and Defendant shall be solely liable for
any indebtedness on all property received by themselves individually under the terms of
this Judgment, and shall hold the other party harmless thereon, except as otherwise
ordered herein.
The parties have an equitable written Property Settlement Agreement, approved of
by both parties and incorporated herein by reference. Plaintiff and Defendant shall be
solely liable for any indebtedness on all property received by themselves individually
under the terms of this Judgment, and shall hold the other party harmless thereon,
except as otherwise ordered herein.
DEBTS
The parties have no debt to divide or award.
Each party shall be responsible for the following debts and hold the other party
harmless thereon:
Plaintiff is responsible for and shall pay the
following debts, holding Defendant harmless
from the same:
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
Defendant is responsible for and shall pay the
following debts, holding Plaintiff harmless from
the same:
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
The parties’ debt(s) not otherwise provided for in this Judgment shall be paid by the
party who incurred the debt(s) and the party responsible for a debt shall hold the other
party harmless thereon.
Judgment of Divorce, (minor children)(11/13)
12
DOWER
The provisions made in this Judgment shall be in full and complete satisfaction of each
party’s claim to the other party’s real and personal property, free and clear of the claims
of the other party.
INSURANCE
Except as otherwise provided for in this Judgment, this Judgment terminates the rights
each party has to the proceeds of the other party’s contracts or policies of life insurance,
endowments, or annuities as a named beneficiary or by assignment during or in
anticipation of marriage, such that if one party is beneficiary of a life insurance contract
or policy or endowment or annuity on the life of the other party, the beneficiary shall now
be the estate of the insured party.
The insured party is responsible for notifying the insurance company of this Judgment.
This Judgment shall not prevent or affect beneficiary changes made after this date.
PENSION, ANNUITY AND RETIREMENT BENEFITS
Except as otherwise provided in this Judgment, each party shall have his or her pension
plan, profit sharing, annuity, or retirement plan benefit rights, free and clear of any claim
by the other party, regardless of whether such rights are vested or unvested,
accumulated or contingent.
NAME CHANGE
No name change shall occur as a result of this divorce.
The wife has restored her former name, such that she shall hereafter be known
as:
_____________________________________________________________________.
First name Middle name Last name
IMPLEMENTATION
Each party shall cooperate and sign and deliver any documents necessary to carry out
the terms of this Judgment. Otherwise, a copy of this Judgment may be recorded or
used in lieu of the unsigned document.
Judgment of Divorce, (minor children)(11/13)
13
RETENTION OF JURISDICTION
The Court retains jurisdiction of this matter to interpret and enforce the provisions of this
Judgment of Divorce.
WHEN JUDGMENT BECOMES FINAL
This Judgment is final on the date it is signed by the Judge.
____________________________________ ____________________
Susan L. Dobrich, P32783 Date
Family Court Judge
Approved:
_______________________________________________________
Carol Montavon Bealor, P57068 Date
Cass County Friend of the Court
Approved for entry and agreed to by:
___________________________________________
Plaintiff signature Date
___________________________________________
Defendant signature Date
This Judgment was prepared by:
Plaintiff Defendant
Judgment of Divorce, (minor children)(11/13)
14
Case No._________________________
ATTACHMENT 1:
Judgment of Divorce
Property Settlement Agreement
(attach additional sheets as necessary)
__________________________ ____________________________
Plaintiff’s Signature/Date Defendant’s Signature/Date
(Note: if real estate is being divided, a legal description must be attached to this
document. A copy of the deed will contain a legal description and may be used)
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Law & Courts Building, 60296 M-62, Cassopolis, MI (Cass County Michigan Courts)

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Completed 6 June 2021

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