HomeMy WebLinkAbout08-13-1993 - Divorce Decree 8-i2-
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STATE OF MINNESOTA DISTRICT COURT
FOURTH JUDICIAL DISTRICT
COUNTY OF HENNEPIN FAMILY COURT DIVISION
File No. DC 173931
In Re the Marriage of:
Georgia J. Hawkinson,
Petitioner, AMENDED
JUDGMENT AND DECREE '✓
and
Roger J. Hawkinson, V AUG 1 3 1993
Respondent.
The above-entitled action having been regularly placed on
the calendar of the above-named Court on October 1, 1992 , and the
Court, after hearing the evidence adduced at said hearing and
being fully advised in the premises, did, on the 27th day of
October, 1992, duly make and file its Findings and Order for
Judgment herein, AND' THEREAFTER, on Al. 11 ";' , 1993, the Court
did make its order amending said judgment.
Now, pursuant to said Order, it is hereby adjudged and
decreed:
That the Judgment and Decree entered herein on October 27,
1992 , be, and hereby is, amended to read as follows, to-wit:
CONCLUSIONS OF LAW
1. Dissolution. The bonds of matrimony existing between
the parties are hereby dissolved.
2 . Custody. That the parties are awarded joint legal
custody of the minor child, namely, Bryan James Hawkinson, born
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August 30, 1979, age 13, with primary physical custody of the
child awarded to the respondent, subject to the petitioner's
right of reasonable visitation.
3. Child Support. The petitioner shall pay to respondent,
as and for child support, the sum of One Hundred Fifty and no/100
($150.00) Dollars per month, payable in two equal installments of
$75.00 on the first and fifteenth days of each month commencing
October 1, 1992 , and continuing thereafter until the minor child
reaches the age of majority, is serving in the military service,
becomes married, self-supporting or otherwise emancipated,
whichever event occurs first. If said child reaches the age of
majority prior to graduating high school, support shall continue
until the month following the month in which the child graduates,
but in no even past age twenty (20) .
The child support figure set forth herein constitutes a
slight downward deviation of approximately $100 per month, based
upon the petitioner's earnings of approximately $1,000 net per
month, predicated on the fact that the petitioner will be
furnishing items for the child and there is unrestricted
visitation:
4. Appendix "A" . That the attached Appendix "A" dated 1/92
is incorporated herein as if fully set forth at length.
5. Health Insurance for Minor Child. That the respondent
shall maintain in full force and effect for the benefit of the
minor child the maximum group medical, major medical and
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hospitalization insurance coverage available through his present
or future employers, for so long as the child is eligible for
coverage.
6. Spousal Maintenance. Neither party is awarded spousal
maintenance from the other, whether past, present or future. The
Court is divested of jurisdiction over maintenance upon entry of
the Judgment and Decree.
7. Homestead. That the respondent is awarded all right,
title, interest and equity in and to the parties' homestead
located at 570 Orono Orchard Road South, City of Wayzata, County
of Hennepin, State of Minnesota, legally described as follows:
Lots 16 and 17, Block 13, Minnetonka Bluffs, according to
the plat thereof on file or of record in the office of the
Register of Deeds in and for said County
subject to any and all encumbrances thereon and expenses
pertinent thereto, from which respondent shall hold petitioner
harmless, and petitioner shall furnish to respondent a quit claim
deed conveying all of her rights and interests therein.
8. Vacant Lots. That the respondent is awarded all right,
title, interest and equity in and to the two vacant lots (no
street address) located near the homestead in the City of
Wayzata, County of Hennepin, State of Minnesota, legally
described as follows:
Lots 8 and 9, Block 13 , Minnetonka Bluffs, according to the
plat thereof on file or of record in the office of the
Register of Deeds in and for said County.
PID #0211723310007 and #0211723310008
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subject to any and all encumbrances thereon and expenses
pertinent thereto from which respondent shall hold petitioner
harmless, and petitioner shall furnish to respondent a quit claim
deed conveying all of her rights and interests therein.
9. Lake Property. That the respondent is awarded all
right, title, interest and equity in and to the real property
located on Lagerquist Lake, near the City of Randall, County of
Morrison, State of Minnesota, legally described as:
Lot 6, Edgewater, according to the plat on file in the
office of the Register of Deeds, Morrison County, Minnesota.
and
Lot 4, Edgewater, according to the plat on file in the
office of the Register of Deeds, Morrison County, Minnesota.
and
Lots 5 and 5A, Edgewater, according to the plat on file in
the office of the Register of Deeds, Morrison County,
Minnesota.
subject to any and all encumbrances thereon and expenses
pertinent thereto from which respondent shall hold petitioner
harmless, and petitioner shall furnish to respondent a quit claim
deed conveying all of her rights and interests therein.
K_( i-1.2 Electrolux Corporation Retirement Plan 1401 (k) 1 .
A That the respondent (hereinafter in this paragraph the
"participant") is a participant in the Eletrolux Corporation
Retirement Plan [401 (k) ] (hereinafter, the "retirement plan") .
The petitioner (hereinafter in this paragraph the "alternate
payee") , is to be an alternate payee of a portion of the
participant's interest in the retirement plan. The participant' s
interest in the retirement plan is the total dollar value of the
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participant's account balance as of July 1, 1993 . As of July 1,
1993, a portion of the participant's interest is to be assigned
and distributed to the alternate payee as follows:
(a) Assignment and Distribution. The sum of One Hundred
Three Thousand, One Hundred Eighteen and no/100
($103, 118.00) Dollars in cash of the retirement plan as
of the July 1, 1993, valuation date. On the date the
Amended Judgment and Decree is entered herein, said
portion of the participant's interest is to be assigned
to the alternate payee along with all applicable
earnings not to exceed $1, 000.00 that have accrued on
the sum of $103,118. 00 from July 1, 1993, to the date
the Amended Judgment and Decree is entered. After this
assignment, the participant is to have no remaining
rights to the investment, direction, distribution or
beneficiary designation or any other right to the
portion paid and assigned to the alternate payee. In
accordance with the rules of the retirement plan and
the wishes of the alternate payee, distribution of the
amount assigned is to be made to the alternate payee in
a single lump sum on the Earliest Retirement Date
within the meaning of Section 414 (p) of the Internal
Revenue Code. Payment of such single lump sum fully
and permanently discharges all obligations of the
retirement plan to the alternate payee. Until such
time as the alternate payee receives a distribution of
the entire amount assigned hereunder plus applicable
earnings on the amount, the assets awarded to alternate
payee shall be kept in a separate account for the
benefit of the alternate payee and such account shall
be credited with investment gains attributable solely
to that account.
(b) Determination as Qualified Domestic Relations Order.
The participant is as soon as possible, to serve a copy
of the Amended Judgment and Decree hero i n nn the plan
administrator who is to immediately determine whether
the Amended Judgment and Decree of dissolution enterd
as a "qualified domestic relations order" is the same
as defined in section 206 (d) of the Employee Retirement
Income Security Act of 1974 , as amended by the
Retirement Equity Act of 1984 (H.R. 4280) . The
participant and alternate payee are to be immediately
notified in writing of such determination by the plan
administrator. In connection with that determination,
the following recitations are to be considered:
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i) The Amended Judgment and Decree herein relates to
the provision of marital property rights to a
spouse of the participant and is made pursuant to
Minnesota Law.
ii) For purposes of identification, the name, address,
date of birth and social security number of the
participant and alternate payee are as follows:
Participant: Roger J. Hawkinson (Respondent)
570 Orono Orchard Road South
Wayzata, MN 55391
Date of Birth: April 15, 1945
Soc. Sec. No. 474-52-6482
Alternate Payee: Georgia J. Hawkinson (Petitioner)
1815 May Street, Apt. #6
Long Lake, MN 55356
Date of Birth: January 12, 1950
Soc. Sec. No. 471-60-0036
iii) The Amended Judgment and Decree herein applies to
the sum of $103 , 118. 00 in cash of the total dollar
value of the participant's account balance as of
July 1, 1993, plus all applicable earnings not to
exceed $1, 000. 00 on said amount from July 1, 1993
to the date the Amended Judgment and Decree is
entered.
iv) The Amended Judgment and Decree herein relates to
the following Plan:
Electrolux Corporation Retirement Plan [401(k) ]
(c) Miscellaneous. Nothing hereunder is to require
distribution of an increased benefit to the participant
or the alternate payee. No benefits conferred
hereunder are required to be paid to another alternate
payee under any other order previously determined to be
a qualified domestic relations order.
(d) Jurisdictibn. Both parties are to cooperate fully and
execute any and all documents necessary, to obtain an
amended Judgment and Decree, if necessary, containing
an order of this Court, meeting all requirements of a
"qualified domestic relations order" , and this Court
expressly reserves jurisdiction of the profit sharing
plan.
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11. Personal Property. That the petitioner is awarded the
following items of personal property currently located in the
homestead in the respondent's possession:
Silver service
Mixer
Candlesticks
Desk
Dishwasher
TV trays
TV/radio from kitchen
Snowmobile
Cedar chest
Typewriter
Computer
Other than that, each party is awarded that personal
property presently in his or her respective possession, free and
clear of any claims of the other party, including but not limited
to household goods and furnishings, bank accounts, motor
vehicles, jewelry, insurance policies, and any other assets of
whatever nature.
12 . Outstanding Income Tax Liabilities. That the
respondent shall be solely responsible for, and hold the
petitioner harmless from, any and all outstanding joint income
tax liabilities that may be due and owing to the Internal Revenue
Service or the State of Minnesota
13. Debts and Liabilities. That each party hereto shall be
solely responsible for any and all debts and obligations incurred
on his or her own behalf for their benefit subsequent to January
1, 1991.
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14. Attorney's Fees. That each party hereto shall be
solely responsible for his or her own attorney's fees and costs
incurred in this dissolution proceeding.
15. Conveyance. That each party hereto shall execute any
instrument of conveyance or transfer or other instrument required
to effectuate the terms of this agreement. In the absence of
such instrument of conveyance, a certified copy of the Judgment
and Decree herein shall serve as, and have the legal effect of,
such instrument of conveyance.
16. Release. That, except as herein otherwise provided,
both parties are released and forever discharged from all causes
of action, claims, rights or demands, whatsoever, in law or in
equity, which either party heretofore ever had, or now has,
against the other, except this proceeding for dissolution of
marriage.
17. Service. That service of a certified copy of the
Judgment and Decree herein upon the respondent's attorney by
United States mail at his last known address shall constitute due
and proper service of said Judgment and Decree for all purposes
upon the respondent who has been
BY THE COURT:
DECREE ENTERED AND
JUDGMENT ROLL FILED DISTRICT COURT ADMINISTRATOR
AUG 13 1993 d. .
Dated: , 1993. By
eputy
STATE OF MINNESOTA, ?
I hereby certify this paqe dacnnrent
to be a true e'd corrhoci copy of the original on file
-8— and of record in nay Oita
JAN 8 2014
nistrict curt Administrator
Barl Deputy
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APPENDIX A
NOTICE IS HEREBY GIVEN TO THE PARTIES:
AUTOMATIC INCOME WITHHOLDING. IN ALL CHILD SUPPORT AND SPOUSAL
MAINTENANCE CASES WHICH ARE BEING ENFORCED BY THE PUBLIC AUTHORITY,
THE AMOUNT OF SUPPORT OR MAINTENANCE AS DETERMINED BY COURT ORDER
SHALL BE WITHHELD FROM INCOME, REGARDLESS OF THE SOURCE, PURSUANT TO
MINNESOTA STATUTE 518.613, AND FORWARDED BY THE PAYOR OF FUNDS TO
HENNEPIN COUNTY SUPPORT AND COLLECTIONS SERVICES AT ROOM A-9,
HENNEPIN COUNTY GOVERNMENT CENTER, 300 SOUTH SIXTH STREET,
MINNEAPOLIS, MN 55487.
A. Exceptions. If there is no arrearage in support or maintenance as of the date of the
court hearing, automatic income withholding may be stayed by meeting the
requirements of Minnesota Statute 518.614 (escrow account), or waived by meeting
the requirements of Minnesota Statute 518.613, subd. 7 (other alternatives).
Procedures for release of the stay or waiver and the initiation of income withholding
are set forth in the applicable statute.
11. NON-AUTOMATIC INCOME WITHHOLDING. IN ALL CASES, THE AMOUNT OF CHILD
SUPPORT OR SPOUSAL MAINTENANCE AS DETERMINED BY COURT ORDER SHALL BE
WITHHELD FROM INCOME, REGARDLESS OF SOURCE, PURSUANT TO MINNESOTA
STATUTE 518.611, AND FORWARDED BY THE PAYOR OF FUNDS TO HENNEPIN
COUNTY SUPPORT AND COLLECTIONS SERVICES AT 300 SOUTH SIXTH STREET,
MINNEAPOLIS, MN 55487, AFTER ALL OF THE FOLLOWING CONDITIONS HAVE BEEN
MET:
A. The person responsible to make the payment is at least 30 days in arrears;
B. The person entitled to receive the payment or the public authority serves written notice
of income withholding, showing arrearage, on the person responsible to make the
payment at least 15 days before service of the notice of income withholding and a
copy of the court's order for withholding on the payor of funds;
C. Within the 15 day period, the person responsible to make the payment fails to move
the Court to deny withholding on the grounds that an arrearage of at least 30 days
does not exist as of the date of the notice of income withholding, or on other grounds
limited to mistakes of fact and, ex parte, to stay service on the payor of funds until the
motion to deny withholding is heard;
D. The person entitled to receive payment or the public authority serves a copy of the
notice of income withholding, a copy of the court's order, and a copy of the provisions
of Minnesota Statute 518.611 on the payor of funds; and
E. The person entitled to receive payment serves on the public authority a copy of the
notice of income withholding, a copy of the court's order, an application to use the
public authority's collection services, and the fee for such services.
The person responsible to make the payment may, at any time, waive the written notice
required by this section.
III. EFFECT OF INCOME WITHHOLDING. PURSUANT TO MINNESOTA STATUTE 518.611,
THE FOLLOWING APPLIES TO ALL CHILD SUPPORT AND SPOUSAL MAINTENANCE
ORDERS:
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A. An employer shall not discharge, or refuse to hire, or otherwise discipline an employee
as a result of a wage or salary withholding.
B. The employer or other payor of funds shall be liable to the person entitled to receive
the payment for any amounts required to be withheld.
C. Notwithstanding any law to the contrary, the withholding order is binding on the
employer, trustee, payor of the funds, or financial institution when service has been
made. Withholding must begin no later than the first pay period that occurs after 14
days following the date of the notice. An employer, payor of funds, or financial
institution in this state is required to withhold income according to court orders for
withholding issued by other states or territories. The payor shall withhold from income
payable to the person responsible to make the payment the amount specified in the
order and shall remit,within ten days of the date the person responsible to make the
payment is paid the remainder of the income,the amounts withheld to the public
authority. The payor shall identify on the remittance information the date the
remainder of the income is paid. Employers may combine all amounts withheld from
one pay period into one payment to each public authority, but shall separately identify
each person responsible to make payments.
D. In the case of a financial institution, preauthorized transfers must occur in accordance
with a court-ordered payment schedule. The financial institution shall execute
preauthorized transfers from the deposit accounts of the person responsible to make
the payment in the amount specified in the order, and in such other amounts as
directed by the public authority responsible for child support enforcement. A financial
institution is liable to the person entitled to receive the payment if funds in any of the
deposit accounts of the person responsible to make the payment identified in the court
order equal the amount stated in the preauthorization agreement but are not
transferred by the financial institution in accordance with the agreement.
E. To pay the arrearage specified in the notice of income withholding, the employer or
payor of funds shall withhold from the income of the person responsible to make the
payment an additional amount equal to 20 percent of the monthly child support or
maintenance obligation until the arrearage is paid.
F. Unless otherwise ordered, if an arrearage exists at the time an order for ongoing
support or maintenance would otherwise terminate, income withholding shall continue
in effect in an amount equal to the former support or maintenance obligation plus an
additional amount equal to 20 percent of the monthly child support obligation, until all
arrears have been paid in full.
G. The person responsible to make the payment may move the court, under Minnesota
Statute 518.64,to modify the order respecting the amount of maintenance or support.
H. Priority. An order for withholding shall have priority over an attachment, execution,
garnishment, or wage assignment and shall not be subject to the statutory limitations
on amounts levied against the income of the person responsible to make the payment.
Amounts withheld from an employee's income must not exceed the maximum
permitted under the Consumer Credit Protection Act, United States Code, title 15,
section 1673(b)(2). If there is more than one withholding order on a single employee,
the employer or other payor of funds shall give priority to amounts currently due and
not in arrears and then to other amounts, in the sequence in which withholding orders
were received up to the maximum allowed under the Consumer Credit Protection Act.
Notwithstanding any law to the contrary, funds from income sources identified in
Minnesota Statute 518.54, subdivision 6, whether periodic or lump sum, are not
exempt from attachment or execution upon a judgment for child support arrearages.
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Disclosure n Hiring. When an individual is hired for employment, the employer
shall request that the individual disclose whether or not the individual has court-
ordered child support obligations that are required by law to be withheld from income
and the terms of the court order. The individual shall disclose this information at the
time of hiring. When an individual discloses that the individual owes child support that
is required to be withheld, the employer shall begin withholding according to the terms
of the court order and under Minnesota Statute 518.611. Information disclosed under
this section shall not be divulged except to the extent necessary for the administration
of the child support enforcement program or when otherwise authorized by law.
J. Notice of Termination. When a withholding order is in effect and the employment of
the person responsible for making the payment is terminated or the periodic payment
terminates, the person responsible to make the payment and the employer or payor of
funds shall notify the public agency responsible for child support enforcement of the
termination within 10 days of the termination date. The notice shall include the home
address of the person responsible to make the payment, and the name and address of
the new employer or payor of funds. Information disclosed under this section shall not
be divulged except to the extent necessary for the administration of the child support
enforcement program or when otherwise authorized by law.
K. Lump Sum Payments.
1. Upon the transmittal of the last reimbursement payment to the employee,
where a lump sum payment including, but not limited to, severance pay,
accumulated sick pay or vacation pay is paid upon termination of employment,
and where the employee is in arrears in making court ordered child support
payments, the employer shall withhold an amount which is the lessor of (1) the
amount in arrears, or (2) that portion of the arrearage which is the product of
the court ordered support amount multiplied by the number of months of net
income that the lump sum payment represents.
2. An employer, trustee, or other payor of funds who has been served with a
notice of income withholding must:
a. Notify the public authority of any lump sum payment of$500 or more
that is to be paid to the obligor;
b. Hold the lump sum payment for 30 days after the date on which the
lump sum payment would otherwise have been paid to the person
responsible for making the payment;
c. Upon order of the court, pay any specified amount of the lump sum
payment to the public authority for support.
IV. FAMILY COURT RULE 303.06. The parties are notified that:
A. Payment of support or maintenance, or both, is to be as ordered herein, and the
giving of gifts or making purchases of food, clothing, and the like will not fulfill the
obligation.
B. Payment of support must be made as it becomes due, and failure to secure, or denial
of rights of, visitation is not an excuse for nonpayment, but the aggrieved party must
seek relief through a proper motion filed with the court.
C. The payment of support or maintenance, or both,takes priority over payment of debts
and other obligations.
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D. A party who remarries after dissolution and accepts additional obligations of support
does so with full knowledge of his or her prior obligations under this proceeding.
E. Child support and maintenance is based on annual income, and it is the responsibility
of a person with seasonal employment to budget income so that payments are made
regularly throughout the year as ordered. [This paragraph E is inapplicable if the
order of the court specifically provides that child support payments will be adjusted to
reflect seasonal variations in the income of the person responsible to make the
payment.]
V. COST OF LIVING ADJUSTMENT. PURSUANT TO MINNESOTA STATUTE 518.641, THE
CHILD SUPPORT AND MAINTENANCE ORDERED HEREIN SHALL BE ADJUSTED EVERY
TWO YEARS BASED UPON A CHANGE IN THE COST OF LIVING EFFECTIVE ON THE
FIRST DAY OF MAY IN THE YEAR IN WHICH THE ADJUSTMENT IS MADE, FOR
PAYMENTS MADE TO THE PUBLIC AUTHORITY. FOR PAYMENTS MADE OTHER THAN
TO THE PUBLIC AUTHORITY, THE ADJUSTMENT SHALL BE MADE UPON APPLICATION
OF THE PERSON ENTITLED TO RECEIVE THE PAYMENT AT LEAST TWO YEARS
FOLLOWING THE DECREE OF DISSOLUTION. THE AMOUNT OF THE ADJUSTMENT
SHALL BE DETERMINED BY USING THE U.S. DEPARTMENT OF LABOR, BUREAU OF
LABOR STATISTICS, CONSUMER PRICE INDEX MPLS. ST. PAUL, FOR ALL URBAN
CONSUMERS (CPI-U) UNLESS OTHERWISE SPECIFIED IN THE ORDER. ANY COST OF
LIVING ADJUSTMENT PROVIDED FOR HEREIN SHALL BE COMPOUNDED. NO
ADJUSTMENT FOR COST OF LIVING SHALL BE MADE UNLESS THE FOLLOWING
CONDITIONS ARE MET:
A. The person entitled to receive the payment or the public authority serves a notice of its
application for adjustment by mail on the person responsible to make the payment at
his or her last known address at least 20 days before the effective date of the cost of
living adjustment;
6. The notice shall inform the person responsible to make the payment of the date on
which the adjustment shall become effective; and
C. The cost of living adjustment shall be automatic unless the person responsible to
make the payment requests a court hearing on the issue of whether the adjustment
should take effect and to stay imposition of the adjustment pending the outcome of the
hearing. Notice of the court hearing shall be served on the person entitled to receive
the payment and the public authority involved, if any.
VI. PAYMENTS TO PUBUC AGENCY. PURSUANT TO MINNESOTA STATUTE 518.551,
SUBDIVISION 1, PAYMENTS ORDERED FOR MAINTENANCE AND SUPPORT SHALL BE
PAID TO THE PUBLIC AGENCY RESPONSIBLE FOR CHILD SUPPORT ENFORCEMENT
AS LONG AS THE PERSON ENTITLED TO RECEIVE THE PAYMENTS IS RECEIVING OR
HAS APPLIED FOR PUBLIC ASSISTANCE OR HAS APPLIED FOR SUPPORT AND
MAINTENANCE COLLECTION SERVICES.
VII. RECAPTURE OF TAX REFUNDS. THE PUBLIC AGENCY RESPONSIBLE FOR CHILD
SUPPORT ENFORCEMENT IS ENTITLED TO USE STATE AND FEDERAL PROGRAMS TO
ATTACH STATE INCOME TAX REFUNDS, PROPERTY TAX CREDITS OR REFUNDS, AND
LOTTERY PRIZES OF THE PERSON OBLIGATED TO PAY SUPPORT AS PROVIDED IN
MINNESOTA STATUTE CHAPTER 270A AND SECTION 289A.50, AND TO ATTACH
FEDERAL INCOME TAX REFUNDS IN ACCORDANCE WITH FEDERAL LAW AS LONG AS
THERE REMAINS ARREARS OWED FOR UNPAID SUPPORT.
VIII. DOCKETING OF JUDGMENT FOR CHILD SUPPORT ARREARAGES. WHEN A PERSON
RESPONSIBLE FOR PAYING CHILD SUPPORT FAILS TO PAY AN INSTALLMENT OF
SUPPORT, THE AMOUNT THE PERSON FAILS TO PAY IS A JUDGMENT BY OPERATION
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OF LAW ON ANDER THE DATE THE PAYMENT IS DUE HE JUDGMENT IS
ENTITLED TO FULL FAITH AND CREDIT, IN THIS STATE AND ANY OTHER STATE.
INTEREST ACCRUES FROM THE DATE THE JUDGMENT IS ENTERED AND DOCKETED.
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JUDGMENT MAY BE DOCKETED ACCORDING TO THE PROCEDURE SET FORTH IN
MINNESOTA STATUTE 548.091, SUBDIVISION 2a. THE PERSON RESPONSIBLE FOR
PAYING SUPPORT MAY REQUEST A HEARING ON THE ISSUE OF WHETHER THE
JUDGMENT AMOUNT HAS BEEN PAID AND MAY MOVE THE COURT FOR AN ORDER TO
VACATE THE JUDGMENT IF THE COURT DETERMINES THAT THERE WAS NO DEFAULT.
IX. DOCKETING OF JUDGMENT FOR MAINTENANCE ARREARAGES. PURSUANT TO
MINNESOTA STATUTES 518.55, SUBDIVISION 2, AND 548.091, SUBDIVISION 1, WHEN A
PERSON RESPONSIBLE FOR PAYING SPOUSAL MAINTENANCE FAILS TO MAKE THE
MAINTENANCE PAYMENTS, THE PERSON ENTITLED TO RECEIVE THE PAYMENT OR
THE PUBLIC AGENCY RESPONSIBLE FOR MAINTENANCE ENFORCEMENT MAY OBTAIN
DOCKETING OF A JUDGMENT. A JUDGMENT FOR UNPAID MAINTENANCE WILL BE
ENTERED AGAINST THE PERSON RESPONSIBLE TO MAKE THE PAYMENT ONLY WHEN
ORDERED BY THE COURT OR AFTER ALL OF THE FOLLOWING CONDITIONS HAVE
BEEN MET:
A. The person entitled to receive the payment determines that the person responsible to
make the payment is at least 30 days in arrears;
B. The person entitled to receive the payment serves a copy of an affidavit of default and
notice of intent to enter a judgment on the person responsible to make the payment
by mail at the last known post office address. Service shall be deemed complete
upon mailing in the manner designated. The affidavit shall state the full name,
occupation, place of residence, and last known post office address of the person
responsible to make the payment, the name and post office address of the person
entitled to receive the payment, the date of the first unpaid amount, the date of the last
unpaid amount, and the total amount unpaid;
C. The person responsible to make the payment fails within 20 days after mailing of the
notice either to pay all unpaid amounts or to request a hearing on the issue of whether
arrears claimed owing have been paid and to seek, ex parte, a stay of entry of
judgment; and
D. Not less than 20 days after service on the person responsible to make the payment in
the manner provided, the person entitled to receive the payment files with the court
administrator the affidavit of default together with proof of service and, if payments
have been received by the person entitled to receive the payment since execution of
the affidavit of default, a supplemental affidavit setting forth the amount of payment
received.
X. CHANGE OF ADDRESS. PURSUANT TO MINNESOTA STATUTE 518.55, SUBDIVISION 3,
THE PERSON RESPONSIBLE TO MAKE THE PAYMENT SHALL NOTIFY THE PERSON
ENTITLED TO RECEIVE THE PAYMENT AND, IF APPLICABLE, THE PUBLIC AUTHORITY
RESPONSIBLE FOR COLLECTION, OF A CHANGE OF ADDRESS OR RESIDENCE WITHIN
60 DAYS OF THE ADDRESS OR RESIDENCE CHANGE.
XI. MEDICAL SUPPORT. PURSUANT TO MINNESOTA STATUTE 518.171, THE FOLLOWING
LAW APPLIES TO COURT ORDERS FOR MEDICAL SUPPORT:
A. Order. Unless the person entitled to receive the payment has comparable or better
group dependent health insurance coverage available at a more reasonable cost, the
court shall order the person responsible to make the payment to name the minor child
as beneficiary on any health and dental insurance plan that is available to the person
responsible to make the payment on a group basis or through an employer or union.
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If the court finds that dependent health or dental insurance is not available to the _
person responsible to make the payment on a group basis or through an employer or
union, or that the group insurer is not accessible to the person entitled to receive the
payment, the court may require the person responsible to make the payment to obtain
dependent health or dental insurance, or to be liable for reasonable and necessary
medical or dental expenses of the child.
If the court finds that the dependent health or dental insurance required to be obtained
by the person responsible to make the payment does not pay all the reasonable and
necessary medical or dental expenses of the child, or that the dependent health or
dental insurance available to the person entitled to receive the payment does not pay
all the reasonable and necessary medical or dental expenses of the child, and the
court finds that the person responsible to make the payment has the financial ability to
contribute to the payment of these medical or dental expenses, the court shall require
the person responsible to make the payment to be liable for all or a portion of the
medical or dental expenses of the child not covered by the required health or dental
plan.
• B. Spousal Coverage. If the person responsible to make the payment has available for
the benefit of the person entitled to receive the payment dependent health and dental
insurance at no additional cost, it shall be provided.
C. Implementation. A copy of the court order for insurance coverage shall be forwarded
to the employer or union of person responsible to make the payment by the person
entitled to receive the payment or the public authority responsible for support
enforcement only when ordered by the court or when the following conditions are met:
1. The person responsible to make the payment fails to provide written proof to
the person entitled to receive the payment or the public authority, within 30
days of receiving effective notice of the court order, that the insurance has
been obtained or that application for insurability has been made;
2. The person entitled to receive the payment or the public authority serves
written notice to enforce medical support on the person responsible to make
the payment by mail at his or her last known post office address; and
3. The person responsible to make the payment fails within 15 days after the
mailing of the notice to provide written proof to the person entitled to receive
the payment or the public authority that the insurance coverage existed as of
the date of mailing.
The employer or union shall forward a copy of the order to the health and dental
insurance plan offered by the employer.
D. Effect of the Order. The order is binding on the employer or union and the health and
dental insurance plan when service under section C has been made. Upon receipt of
the order, or upon application of the person responsible to make the payment
pursuant to the order, the employer or union shall enroll the minor child as a
beneficiary in the group insurance plan and withhold any required premium from the
income or wages of the person responsible to make the payment. If more than one
plan is offered by the employer or union, the child shall be enrolled in the insurance
plan in which the person responsible to make the payment is enrolled or the least
costly plan otherwise available to the person responsible to make the payment that is
comparable to a number two qualified plan. Failure of the person responsible to make
the payment to execute any documents necessary to enroll the dependent in the
group health and dental insurance plan will not affect the obligation of the employer or
union and group health and dental insurance plan to enroll the dependent in a plan for
•
which othegibiiity requirements are met. Information and authorization provided by
the public authority responsible for child support enforcement, or by the custodial
parent or guardian, is valid for the purposes of meeting enrollment requirements of the
health plan. The insurance coverage for a child eligible under section E shall not be
terminated except as authorized in section E.
E. Eligible Child. A minor child that a person responsible to make the payment is
required to cover as a beneficiary pursuant to Minnesota Statue 518.171 is eligible for
insurance coverage as a dependent of the person responsible to make the payment
until the child is emancipated or until further order of the court.
F. Insurer Notice. The signature of the custodial parent of the insured dependent is a
valid authorization to the insurer for purposes of processing an insurance
reimbursement payment to the provider of the medical services. When an order for
dependent insurance coverage is in effect and the employment of the person
responsible to make the payment is terminated, or the insurance coverage is
terminated, the insurer shall notify the person entitled to receive the payment within 10
days of the termination date with notice of conversion privileges.
G. Release of Information. When an order for dependent insurance coverage is in
effect, the employer or union of the person responsible to make the payment shall
release to the person entitled to receive the payment or the public authority, upon
request, information on the dependent coverage, including the name of the insurer.
Notwithstanding any other law, information reported pursuant to Minnesota Statute
268.121 shall be released to the public agency responsible for support enforcement
that is enforcing an order for medical or dental insurance coverage under Minnesota
Statute 518.171. The public agency responsible for support enforcement is authorized
to release to the insurer or employer of the person responsible to make the payment
information necessary to obtain or enforce medical support.
H. Liability. If the person responsible to make the payment fails to maintain the medical
or dental insurance for the benefit of the children as ordered, he or she shall be liable
to the person entitled to receive the payment for any medical or dental expenses
incurred from the date of the court order. Proof of failure to maintain insurance
constitutes a showing of increased need by the person entitled to receive the payment
pursuant to Minnesota Statute 518.64 and provides a basis for a modification of the
child support order.
Application for Service. The public agency responsible for support enforcement shall
take necessary steps to implement and enforce an order for dependent health or
dental insurance whenever the children receive public assistance, or upon application
of the person entitled to receive the payment to the public agency and payment of any
fees required by Minnesota Statute 518.551.
J. Enforcement. Remedies available for the collection and enforcement of child support
apply to medical support. For the purpose of enforcement, the costs of individual or
group health or hospitalization coverage or liabilities established pursuant to section H
above are additional child support.
XII. DEPRIVATION OF PARENTAL RIGHTS. PURSUANT TO MINNESOTA STATUTE 518.177,
NOTICE IS GIVEN OF MINNESOTA STATUTE 609.26, "DEPRIVING ANOTHER OF
CUSTODIAL OR PARENTAL RIGHTS," WHICH STATES:
Subdivision 1. Prohibited acts. Whoever intentionally does any of the following acts may be
charged with a felony and, upon conviction, may be sentenced as provided in subdivision 6:
HC 2984{1/92) -7-
1. conceals a minor child from the child's parent where the action manifests an intent
substantially to deprive that parent of parental rights or conceals a minor child from
another person having the right to visitation or custody where the action manifests an
intent to substantially deprive that person of rights to visitation or custody;
2. takes, obtains, retains, or fails to return a minor child in violation of a court order which
has transferred legal custody under Chapter 260 to the commissioner of human
services, a child placing agency, or the county welfare board;
3. takes, obtains, retains, or fails to return a minor child from or to the parent in violation
of a court order, where the action manifests an intent substantially to deprive that
parent of rights to visitation or custody;
4. takes, obtains, retains or fails to return a minor child from or to a parent after
commencement of an action relating to child visitation or custody but prior to the
issuance of an order determining custody or visitation rights, where the action
manifests an intent substantially to deprive that parent of parental rights; or
5. retains a child in this state with the knowledge that the child was removed from
another state in violation of any of the above provisions.
Subd. 2. Defenses. It is an affirmative defense if a person charged under subdivision 1 proves
that:
1. the person reasonably believed the action taken was necessary to protect the child
from physical or sexual assault or substantial emotional harm;
2. the person reasonably believed the action taken was necessary to protect the person
taking the action from physical or sexual assault;
3. the action taken is consented to by the parent, stepparent, or legal custodian seeking
protection, but consent to custody or specific visitation is not consent to the action of
failing to return or concealing a minor child; or
4. the action taken is otherwise authorized by a court order issued prior to the violation of
subdivision 1.
The defenses provided in this subdivision are in addition to and do not limit other defenses
available under this chapter or chapter 611.
Subd. 3. Venue. A person who violates this section may be prosecuted and tried either in the
county in which the child was taken, concealed, or detained or in the county of lawful
residence of the child.
Subd. 4. Return of child; costs. A child who has been concealed, obtained, or retained in
violation of this section shall be returned to the person having lawful custody of the child or
shall be taken into custody pursuant to Minnesota Statute 260.165, subdivision 1, paragraph
(c), clause (2). In addition to any sentence imposed, the court may assess any expense
incurred in returning the child against any person convicted of violating this section. The court
may direct the appropriate county welfare agency to provide counseling services to a child
who has been returned pursuant to this subdivision.
Subd. 5. Dismissal of charge. A felony charge brought under this section shall be dismissed
if:
(a) the person voluntarily returns the child within 48 hours after taking, detaining, or failing
to return the child in violation of this section; or
HC 2994(,M -8-
•
A
b) (1) the per/taking the action and the child have not Deft the state of Minnesota; and
{ ( (2) within a period of 7 days after taking the action, (i) a motion or proceeding under
• chapter 518, 518A, 518B, or 518C is commenced by the person taking the action, or
(ii) the attorney representing the person taking the action has consented to service of
process by the party whose rights are being deprived, for any motion or action
pursuant to chapter 518, 518A, 518B, or 518C.
Clause (a) does not apply if the person returns the child as a result of being located by law
enforcement authorities. This subdivision does not prohibit the filing of felony charges or an
offense report before the expiration of the 48 hours.
Subd. 6. Penalty. Except as otherwise provided in subdivision 5, whoever violates this section
may be sentenced as follows:
(1) to imprisonment for not more than two years or to payment of a fine of not more than
$4,000, or both; or
(2) to imprisonment for not more than four years or to payment of a fine of not more than
$8,000, or both, if the court finds that:
(i) the defendant committed the violation while possessing a dangerous weapon
or caused substantial bodily harm to effect the taking;
(ii) the defendant abused or neglected the child during the concealment,
detention, or removal of the child;
(iii) the defendant inflicted or threatened to inflict physical harm on a parent or
lawful custodian of the child or on the child with intent to cause the parent or
lawful custodian to discontinue criminal prosecution;
(iv) the defendant demanded payment in exchange for return of the child or
demanded to be relieved of the financial or legal obligation to support the child
in exchange for return of the child; or
(v) the defendant has previously been convicted under this section or a similar
statute of another jurisdiction.
Subdivision 7. Reporting of deprivation of parental rights. Any violation of this section
shall be reported pursuant to section 626.556, subdivision 3a.
XIII. NOTICE OF CERTAIN PARENTAL RIGHTS. IF THE ATTACHED ORDER CONTAINS
PROVISIONS CONCERNING CUSTODY, THE FOLLOWING NOTICE APPLIES, UNLESS IT
HAS BEEN WAIVED BY THE COURT PURSUANT TO MINNESOTA STATUTE 518.17,
SUBDIVISION 3:
A. Each party has the right of access to and to receive copies of, school, medical, dental,
religious training, and other important records and information about the minor
children. Presentation of a copy of this order to the custodian of a record or other
information about the minor children constitutes sufficient authorization for the release
of the record or information to the requesting party.
B. Each party shall keep the other party informed as to the name and address of the
school of attendance of the minor children. Each party has the right to be informed by
school officials about the children's welfare, educational progress and status, and to
attend school and parent-teacher conferences. The school is not required to hold a
separate conference for each party.
HC 2990(1/92) -9-
C. in case of an accident or serious illness of a minor child, each party shall notify the
other party of the accident or illness, and the name of the health care provider and the
place of treatment.
D. Each party has the right to reasonable access and telephone contact with the minor
children.
XIV. CAPITAL GAIN ON SALE OF PRINCIPAL RESIDENCE. INCOME TAX LAWS REGARDING
THE CAPITAL GAIN TAX MAY APPLY TO THE SALE OF THE PARTIES' PRINCIPAL
RESIDENCE AND THE PARTIES MAY WISH TO CONSULT WITH AN ATTORNEY
CONCERNING THE APPUCABLE LAWS. THESE LAWS MAY INCLUDE, BUT ARE NOT
UMITED TO,THE EXCLUSION AVAILABLE ON THE SALE OF THE PRINCIPAL
RESIDENCE FOR THOSE OVER A CERTAIN AGE PURSUANT TO SECTION 121 OF THE
INTERNAL REVENUE CODE OF 1986 OR OTHER APPUCABLE LAW. IF THE ATTACHED
ORDER AWARDS TITLE TO A PRINCIPAL RESIDENCE TO A PARTY, UNLESS THE
ORDER OTHERWISE PROVIDES, USE OF THE CAPITAL GAINS EXCLUSION IS
AWARDED TO THAT PARTY.
HC 2994 c+rea -10-
_ • •
AVM I WI III ,•.. L I-1.I— UUI1%.LHlm UCCU muuinauia V111101111 i.unvuyani..uiy Dianna(Iy/0) muter-uavls l:o.,Minneapolis
Individual(s)to Individual(s)
No delinquent taxes and transfer entered;Certificate of Real
Estate Value( )filed( )not required
Certificate of Real Estate Value No.
,19
County Auditor
by
Deputy
STATE DEED TAX DUE HEREON: $
Date ,19
(reserved for recording data)
FOR VALUABLE CONSIDERATION, Georgia J. Hawkinson, divorced and
not remarried ,Grantor(S),
hereby convey(s) and quitclaim (s) to Roger .7_ Hawki nson
Grantee(s), real property in Hennepin County, Minnesota, described as follows:
Lots 8 and 9 , Block 13 , Minnetonka Bluffs,
according to the plat thereof on file or of
record in the office of the Register of Deeds
in and for said County
Total consideration for this transaction is less than $500 . 00
(if more space is needed,continue on back)
together with all hereditaments and appurtenances belonging th to.
Affix Deed Tax Stamp Here Ge gia J J. awkinson
STATE OF MINNESOTA
ss.
COUNTY OF 1kf)f1Cp1 r1
The foregoing instrument was acknowledged before me this
• 03,91 day of rl ,19 �!
byGeorgia J. Hawkinson, divorced and not remarried
Grantor(s)
•
NOTARIAL STAMP OR SEAL(OR OTHER TITLE OR RANK) /26-1 i)' ) A-061
T y'
""�" NOUN roam•MINNESOTA SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT
�
tis c WININT COUIirt
AV ININAMIN Tax Statements for the real property described in this instrument
M�5 99 should be sent to(include name and address of Grantee):
A•RN
L— Roger J. Hawkinson
THIS INSTRUMENT WAS DRAFTED BY(NAME AND ADDRESS): 570 Orono Orchard Road
Wayzata, MN 55391
COHEN LAW OFFICE, LTD.
318 Parkdale Plaza
1660 South Highway 100
Minneapolis , MN 55416
( 612 ) 544-4300
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�Ary• lN�oBy c �� - �� /Cm0aMEM
DEPUTY
OF ESTATES.EASEMENTS OR CHARGES ON THELAND DESCRIBED IN THE CERTIFICATE OF TITLE HERETO ATTACHED.
DOCUMENT KIND OF DATE OF INSTRUMENT DATE OF REGISTRATION
NUMBER INSTRUMENT MONTH I DAVI YEAR ( HOUR� AMOUNT RUNNING IN FAVOR OF SIGNATURE OF REGISTRAR
MONTH DAYI I A M YEAR ,,,,,
y I
J �3EE OVER SEE OVER
l
1-1C 1031 HC 1030(5/90)
CERTIFICATE OF TITLE N? 858632
No. 858632
DISTRICT COURT No(s) 2502
Transfer from No. 460847 Originally registered the 19th day of November
A. D. 1923 Volume 87 Page 27997
STATE of MINNESOTA, REGISTRATION
COUNTY of HENNEPIN.
This is to certify that Roger J. Hawkinson, 570 Orono Orchard Road, Wayzata, Minnesota, 55391
is now the owner(s) of an estate in fee simple of and in the following described land situated in the County of Hennepin and
State of Minnesota, to wit:
Lots 16 and 17, Block 13, Minnetonka Bluffs.
.•
44,.-. t1rc rirl ;ntarcietlel nntrari h , tha momnrial(c1 iinriprwritten nr endorsed hereon: and subiect to the
following rights or encumbrances subsisting, as provided in the twenty-fourth section of "An act concerning the registration of land
and the title thereto" of the General laws of the State of Minnesota for the year 1905, and the amendments thereof, namely:
1. Liens, claims, or rights arising under the laws or the Constitution of the United States, which the statutes of this state cannot require to appear of record; .
2. Any real property tax or special assessment for which a sale of the land has not been had at the date of the certificate of title;
3. Any lease for a period not exceeding three years, when there is actual occupation of the premises under the lease;
4. All rights in public highways upon the land;
5. Such right of appeal or right to appear and contest the application as is allowed by law;
6. The rights of any person in possession under deed or contract for deed from the owner of the certificate of title;
7. Any outstanding mechanics lien rights which may exist under sections 514.01 to 514.17.
That the said Roger J. Hawkinson is of the age of 18 years or older is married to Nannette K. Hawkinson and is under no legal
incapacity.
a���tancm�nn�U IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of my office
`��,�c,..$. R...... T��o.
.�°���ioa��r o.!�''',, this dayof b
4, Twenty-sixth August 1997
.lam •!
tom. s
* *- R. Dan Carlson
O
_ ! Z� Registrar of Titles,
y F - ' . ..a 2< In and for t ounty of epin and State of Minnesota.
y
'Oj��N gc o N6�% MEMORIAL DEPUTY
�nmm�mnnm
OF ESTATES. EASEMENTS OR CHARGES ON THE LAND DESCRIBED IN THE CERTIFICATE OF TITLE HERETO ATTACHED.
DOCUMENT KIND OF DA—E OF DATE OF REGISTRATIONSIGNATURE OF
INSTRUMENT AMOUNT RUNNING IN FAVOR OF DEPUTY REGISTRAR
NUMBER INSTRUMENT Month IDayl Year MonthlDayl Year Hour
—
Norwest Bank Minnesota, National
'Rogerssociation, Wayzata, MN Made by
2675283 Mortgage Dec 5 1995 Feb 2 1996 12 19820.86 oJ. Hawkinson & Nanette K. _
i Hawkinson, hus & wf
Anchor Bank, National Association
Wayzata, MN Made by Roger J.
2736459 Mortgage Jul 19 1996 Aug 22 1996 1 $30000.00 Hawkinson & Nannette K. Hawkinson,
'hus & wf.
SEE OVER
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