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David Dewey
141 E 300 S
Salt Lake City, UT 84111
801-809-1159
Dshaw31@bruinmail.slcc.edu

IN THE DISTRICT COURT OF UTAH

THIRD JUDICIAL DISTRICT, SALT LAKE COUNTY

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KATIE HOLMES,

Case No.: 13123456

Petitioner

STIPULATION

vs.

TOM CRUISE,

JUDGE BENJIMAN CARDOZO

COMMISSIONER HARRY STONE

Respondent

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THE PARTIES in this STIPULATION hereby agree to the conditions set forth in this agreement in

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their case. It is understood that each party has a right to trial, and the right to appear before a judge at any time to

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further discuss matters in this case. The parties agree to the following stipulations in settlement of issues in this

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matter. For the purpose of this stipulation, Petitioner was represented by David Dewey, Respondent was represented

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by Russell Yauney.
RECITALS

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I.

The Parties have entered into this Stipulation voluntarily and are intent to be bound by

II.

the agreements met herein.

The Parities reserve the right to be seen by a judge if at any time there is a breach of this

III.
IV.

agreement.
All issues in this matter that either party raises must be incorporated in this stipulation.
All other issues pertaining to this marital relationship, not contained herein, will hereby
be released of the opposing party,

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STIPULATION

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Jurisdiction

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I.

Petitioner is a resident of Salt Lake City, UT and has been for at least three months prior

II.

to filing for this action.

Respondent is a resident of Salt Lake City, UT and has been for at least three months

III.

prior to the filing of the action.

The Parties were legally married in Park City, UT on July 4. 2001, and are presently

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married, seeking divorce.

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Grounds
IV.

The parties have cited irreconcilable differences as grounds for their divorce.

STIPULATIONJUDGE BENJIMAN CARDOZOCOMMISSIONER HARRY STONE - 1

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Provisions Relating to the Children

V.
VI.

The Utah Rules of Civil Procedure, filed or pending in Juvenile Court.

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The Uniform Child Custody Jurisdiction and Enforcement Act

VII.

minor child.

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Pursuant to Utah Code Annotated 78B-13-101 et seq., Utah has jurisdiction to make
child custody and parent-time determinations due to Utah being the home state of the

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The parties have one child, Lavender Xander, born January 1, 2012.
There are no proceedings for custody of the above named child, pursuant to Rule 100 of

Child Custody and Parent-time

VIII.

The Parties will share Joint Legal Custody and Joint Physical over their two year old
daughter Lavender Xander, and agree to the following Parenting Plan:

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Parenting Plan

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IX.
X.
XI.

The Parties will share Joint Legal Custody and Joint Physical.
The Petitioner will retain all final decisions in regards to their minor child.
The Petitioner will have the child every Wednesday and Thursday, and then every other

XII.
XIII.

weekend, with Respondent receiving the remainder of time.

Exchanges will take place no later than 8 pm on scheduled parenting nights.
Transportation will be provided by the parent dropping off the minor child, for the parent-

XIV.
XV.
XVI.

time of the opposite parent.

Parties will adopt the Holiday Schedule for visitation as outlined in 30-3-35.
Relocation, of either party, must follow guidelines set forth in 30-3-37
Mediation must be utilized to solve any disagreement regarding custody of the minor
child from here forth.

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Support Payments
XVII.

Resort.
XVIII. The Respondent earns an income of $50,000 per year, and is employed at Smiths Grocer.
XIX.
Petitioner will be ordered to pay child support pursuant to Utah Code Annotated 78BXX.

from high school during the childs normal and expected year of graduation, whichever

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12-202 et seq., to commence the month following the entry of the divorce decree.
The sum of $91 shall be paid to the respondent for base child support pursuant to the
Uniform Child Support Guidelines until the child turns 18 years of age, or have graduated

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The Petitioner earns an income of $35,000 per year, and is employed at Snowbird Ski

XXI.

occurs later.
Child support payments are due the 15th of every month.

Health Insurance

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STIPULATIONJUDGE BENJIMAN CARDOZOCOMMISSIONER HARRY STONE - 2

XXII.

paid for by the respondent.

XXIII. Both parties shall equally share in all expenses related to all co-pays, out-of-pocket

Health insurance for the benefit of the minor child shall be required to be maintained and

expenses, and any unreimbursed medical and dental costs related to the care of the minor

child.
XXIV. The Respondent shall provide all information regarding changes to insurance benefits no

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later than 30 days before the changes are to go into effect.

The Respondent shall provide proof of insurance coverage to both the Petitioner, as well

XXV.

as ORS, by January 2 of each calendar year.

XXVI. The parent to whom has incurred a medical expense on behalf of the minor child, shall

provide proof of the expense to the other parent within 30 days to receive payment for

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half of the incurred expense.

Child Care Expenses

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XXVII. All work-related, occupational training, or career based child care expenses incurred will

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be shared equally by the parties.

XXVIII. Proof of child care expense shall be provided to the other parent, and payment of one half

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the amount must be made within 30 days of the expense.

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Marital Debts and Obligations

XXIX. Each party will pay the following debts incurred during the marriage:
Petitioner- Discover Card $8,000
Respondent- AMEX $5,000
Federal Student Loan- $20,000
XXX. All remaining debt incurred during the marriage will be paid for by the responsible party.

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Division of Personal Property

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XXXI. All other remaining property of the marriage will remain in possession of property as it

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has already been divided.

Division of Real Property

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XXXII. The Marital Residence will be sold, and any funds made by the sell, will be distributed

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equally.
XXXIII. All real property should be sold in a timely manner, and the proceeds of which shall be

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applied as follows:
-First, pay for the expenses of the sale;
-Second, retire any and all mortgages and liens;
-Third, pay all marital debts;
-Fourth, The remaining balance shall be distributed equally between the parties.

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Alimony

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STIPULATIONJUDGE BENJIMAN CARDOZOCOMMISSIONER HARRY STONE - 3

XXXIV. The sum of four-hundred dollars per month alimony will be paid by the Respondent to

offset difference of income between the parties for an equal amount of time spent in the

marriage, or until the Petitioner begins a new co-habitation arrangement.

Pension and Related Assets

XXXV. Petitioner will receive one half of Respondents Retirement Fund. In addition Respondent

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will prepare the QDRO.

Other

XXXVI. Each party will be responsible for their own court fees,

XXXVII.

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Both parties will alternate years for claiming any child related tax deductions.

Respondent receiving even years, and Petitioner receiving odd years. Schedule will
continue until parties are no longer able to claim child as qualifying dependent.
XXXVIII.
Plaintiff, Katie Holmes, will change her name back to her maiden name of Smith
upon finalization of divorce.
Dated this 2 of MAY, 2014.

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David Dewey, ATTY

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STIPULATIONJUDGE BENJIMAN CARDOZOCOMMISSIONER HARRY STONE - 4