This action was submitted to the court for consideration this date (on inquest of July 30, 2013). 2. The Defendant was served pursuant to court order dated July 20, 2013 within the state of Massachusetts. . Plaintiff presented a verified complaint. 4. The Defendant has appeared and waived his right to answer. 5. The court accepted oral proof of non-military service. 6. The Plaintiff’s address is 123 W. Golf Road, Boston, Massachusetts 12345, and social security number is 12345. The Defendant’s address is 456 E. Lark St. , Boston, Massachusetts 12345. 7. Now on motion of divorce, the attorney for Plaintiff, it is: 8.
ORDERED AND ADJUDGED that the Referee’s Report, if any, is confirmed, and it is further 9.
ORDERED AND ADJUDGED that Patty Bean shall have a judgment dissolving the marriage on the evidence found in the Findings of Face and Conclusions of Law based on DRL § subd. ___, at it is further 10. ORDERED AND ADJUDGED that Plaintiff shall have custody of the children of the marriage, i. e. : 11. Name Date of Birth ____________David Bean Jr.
_____June 5, 2005 Patricia Bean July 1, 2008 12.
ORDERED AND ADJUDGED that the existing Family Court Order(s) under Index No(s). __________ shall be continued. 13. ORDERED AND ADJUDGED that Defendant shall not pay Plaintiff for maintenance. The Plaintiff accepted a job as a high school principal in Westerly, Rhode Island. Her salary will increase to $75,000 per year and benefits include a pension plan, short term and long term disability, medical and dental insurance for her and her family. The Plaintiff will not receive monies due to the fact that it was her decision to break up the family in order for to take a better paying job.
Plaintiff had declined a previous offer from the same high school because the Defendant did not want to relocate and wanted the children left in his care. Plaintiff did not accept the first offer because she did not want to leave her children. Knowing what could happen with her marriage, she made her choice, aware of the consequences. The Defendant does not pay Plaintiff monies, due to the fact that it was she, who decided to leave. 14. ORDERED AND ADJUDGED that “Defendant is ordered to pay directly to Plaintiff as and for child support of David Jr. nd Patricia, the sum of $1,000, payable one-half on the first and one half on the fifteenth day of each month, said payments to continue until each such child shall die, reach majority, become emancipated or until further order of court. ” (www. divorcelawinf. com). 15. ORDERED AND ADJUDGED that Defendant shall not pay child care expenses to Plaintiff. Plaintiff will be receiving child support that will cover child care expenses. 16. ORDERED AND ADJUDGED that Defendant shall not pay Plaintiff for future health care, due to the Plaintiff having her own insurance policy. 7. ORDERED AND ADJUDGED that Defendant and Plaintiff will be granted shared legal custody and shared physical custody. Plaintiff did mention the Defendant is a good father. Taking that into consideration it is unfair for the Plaintiff to make all decisions regarding the children’s’ education. As for shared legal custody, all decisions will be mutual. “There will be involvement by both parents in major decisions regarding the children’s welfare, including matters of education, medical care and emotional, moral and religious development. ” (www. masslegalhelp. org). As for shared physical custody, the children will have periods of residing with and under the supervision of each parent, and that physical custody is shared by the parents in such a way that assures continued contact with both parents. It is unfair for children to not be able to have a meaningful relationship with both parents. ” (www. masslegalhelp. org) Defendant can have the children every other week. Since there is a 100 mile distance between Boston, Massachusetts and Westerly, Rhode Island; Plaintiff and Defendant will have to meet each other at a given location. I will let the Plaintiff and Defendant decide on the location.
If there is a problem in deciding a convenient location, please inform your lawyer and I will make the decision for you. David Bean can have the children on every other Friday at 5:00 p. m. and return the children on Sunday at 3:00 p. m. The Defendant is allowed one month in the summer with his children. I have chosen the month of August for the children to stay with their Dad. Defendant will be permitted to take his children out of state on vacation. Defendant may have the children on the first of August and return them to the Plaintiff’s home on the thirty first of August. 8. ORDERED AND ADJUCTED that Defendant shall pay Plaintiff the sum of $150 per week for extracurricular and/or private activities the children are involved in. I understand that David Jr. is currently enrolled at the local elementary school and is part of a private baseball league. The parents must purchase all uniforms, baseball equipment and attend baseball camp while participating in the league. Your son, David Jr. , will be enrolling in a new school in Rhode Island and I am sure he will continue participating in sports. The Plaintiff will have to drive David Jr. ack and forth for his activities. Therefore, I conclude that Defendant shall pay for all activities that David Jr. is involved with. Your daughter, Patricia, is currently enrolled in a day care and will be attending kindergarten next year. She will be in day care and kindergarten the following year in Rhode Island. Considering the sports that David Jr. is involved in and a possible baby sitter for Patricia, if in kindergarten for half a day. Defendant is ordered to pay the sum of $150 every Monday, which is a total of $600 per month. 9. ORDERED AND ADJUDGED that this Judgement of Divorce shall serve as a Qualified Medical Support Order where a child support determination is being made, and it is furthered 20. Ordered and ADJUDGED that the minor children shall be enrolled and entitled to receive health insurance benefits as described below: The Plaintiff was offered benefits as a principal at a high school in Westerly, Rhode Island, which includes a pension plan, short term and long term disability, medical and dental insurance for her and her family.
There is no mention of eye exams, glasses, ect. Plaintiff will cover the cost of eye exams and any need that may arise during the exam. ORDERED AND ADJUDGED that the relative responsible to supply health insurance is the Plaintiff. As mentioned above the, Plaintiff will have her own insurance plan for her and her children. It is not the Defendant’s duty to provide medical and dental insurance for the children. There is no reason for the children to be covered by two health plans. 1. ORDERED AND ADJUDGED that the relative responsible to supply health insurance benefits is eligible under the following available group health plan or plans: Health benefits offered by the high school where Plaintiff will be employed in Westerly, Rhode Island. Plaintiff shall provide health insurance benefits to the minor children until the minor children reach the age of 18 / or 21 if in college. 22. ORDERED AND ADJUDGED that the agreement dated July 30, 2013. copy which is attached, and incorporated by reference into this judgment shall survive in this judgment, and the parties hereby are directed to comply with every legally enforceable term and provision of such agreement; and it is further 23. ORDERED AND ADJUDGED that the Family Court shall be granted concurrent jurisdiction with the Supreme Court with the respect to the issues of maintenance, child support, custody and visitation, and it is further 24. ORDERED AND ADJUDGED that:
Plaintiff is transferring her interest in the marital residence to the Defendant. 25. ORDERED AND ADJUDGED that either party may resume the use of a pre-marriage name as follows _____________. 26. Dated: July 30, 2013 ENTER: ____________________ J. S. C. / Referee ____________________ CLERK Reference: www. divorcelawinfo. com www. masslegalhelp. org