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IN THE DISTRICT COURT OF PAYNE COUNTY, STATE OF OKLAHOMA
1N THE Distr;
—— Payne, coiCT Co
In Re The Marriage Of | my 1. Coun 1 Okino
BRAD J. KASTL, TTOPOR Rey usa g MAR 14 2018
) By_"S: LAMBERT,
Petitioner, ) a )
) ity
And ) Case No. FD-2012-431
)
LORI J. KASTL, )
)
Respondent. )
DECREE OF DISSOLUTION AND DIVORCE
NOW, on this l PB say ot AM, 2013, this matter comes on
for trial, the Petitioner, Brad J. Kastl, appearing in person and with his attorney
of record, Charles E. Campbell, of Stillwater, Oklahoma, and the Respondent,
Lori J. Kastl, appearing in person, pro-se, having heretofore filed sufficient Entry
of Appearance and Waiver herein; whereupon the Petitioner announces that the
parties have reached an agreement, the terms and provisions of which are
memorialized as hereinafter specifically set out, the terms of said agreement
being just, reasonable, and equitable, and in the best interest of the minor child
of the parties hereto, that the Court can and should approve, adopt, ratify and
incorporate the terms of said agreement as its Decree; and requests that the
Court approve and adopt same as its order, and the Court, having read,
examined, reviewed and considered the pleadings on file herein, having heard
and considered the pleadings on file herein, having heard and considered the
testimony of the Respondent, sworn and examined in open Court, having heard
the statements of counsel, and having been fully advised in the premises,
FINDS:
1. Under all applicable state and federal law, including the Uniform
Child Custody Jurisdiction And Enforcement Act, 43 O.S. §551-101 et seq.,
Oklahoma's Uniform Interstate Family Support Act, 43 O.S. §601-100, et seq.,
and the federal Parental Kidnapping Prevention Act, 28 U.S.C. §1738A; this
Court has and should exercise jurisdiction to enter initial child custody, visitation
and support decrees under said state and federal law and enter ordersconcerning the same as are more specifically hereinafter set forth. More
particularly:
A. At the commencement of this action, Oklahoma was the “home
state” of said minor children as that term is defined by said
statutes and it has since remained and is now their home state.
B. It is in the best interest of the minor children that this state assume
jurisdiction because the children and their parents, the parties
hereto, have significant connections with this state, and there is
available in this state substantial evidence concerning the children’s
present and future care, protection, training and personal
relationships and the children are physically present in this state.
Cc. Other than the parties hereto, no other person has or claims to
have custody or visitation rights concerning the minor children.
Other than this action, no prior actions have been filed in this or in
any other state concerning the custody, visitation or support of the
minor children and no party hereto has participated in any such
litigation as a party, witness or in any other capacity. The children
are not of Native American ancestry and neither Oklahoma’s Indian
Child Welfare Act, 10 O.S. §40 et seq.; nor the federal Indian Child
Welfare Act, 25 U.S.C. §1901 et seq. apply to this proceeding. The
Oklahoma Department of Human Services is necessary party to
child support issues herein and it has participated herein according
to law. The Court has jurisdiction over all necessary parties
concerning the issues of child custody, support and visitation.
D. The Court should exercise its jurisdiction to enter initial child
custody, visitation and support decrees concerning the minor
children.
2. That the Petitioner and the Respondent are now and have been for
more than six (6) months next preceding the filing of Petitioner's Petition herein
actual residents, in good faith, of the State of Oklahoma, and are now and have
been for more than thirty (30) days next preceding the filing of Petitioner's
Petition herein actual residents, in good faith, of Payne County.
3. That the parties hereto were legally married on or about the 9" day
of October, 1999, at Union Church, Mehan, Payne County, Oklahoma, and have
been since that time and are at the present time, husband and wife.
4. That a state of complete and irreconcilable incompatibility has
arisen between the parties hereto which has completely destroyed the legitimate
aims of the marriage of the parties rendering continued matrimony between themimpossible, by reason of which the parties are entitled to a decree of dissolution
of marriage and divorce from one another.
5. That of said marriage aforesaid, marriage four (4) children have
been bom, conceived or adopted, namely: HM Kastl, born 06/12/03; ML Kastl,
born 03/10/06; KL Kastl, born 07/19/10; and KA Kastl, born 07/19/10, and that
the Respondent is not now pregnant.
6. That the parties have made and perfected an agreement with one
another whereby they have settled their mutual claims, concerns and differences
regarding custody of the minor children; medical insurance; payment of child
support, work-related day care expenses and payment of medical expenses not
reimbursed by insurance; said agreement thought to be in the best interest of the
minor children; that said agreements are fair, just and equitable and in the best
interest of the minor children, and should be ratified, approved, adopted,
confirmed and so ordered.
7. That the parties have made and perfected an agreement with one
another whereby they have settled their mutual concerns and differences
regarding a division of all jointly acquired property of which either or both of them
are seized and possessed and an agreement regarding a division of all debts,
obligations, and/or liabilities incurred and/or created by the parties hereto, or
either of them; that said agreements are found by the Court to be fair, just,
reasonable, and equitable and should be ratified, approved, adopted, confirmed
and so ordered as hereinafter specifically set out.
8. IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED BY
THE COURT that the Petitioner, Brad J. Kastl, and the Respondent, Lori J.
Kastl, be and they are hereby granted an absolute decree of dissolution of
marriage and divorce from one another upon the grounds of incompatibility, and
the bonds of matrimony heretofore existing between the parties are hereby
dissolved, set aside and held for naught, and both parties are released therefrom
and restored to all of the rights and privileges of single, unmarried persons,
except that neither party hereto shall marry a third party for a period of six (6)
months from the date of this Decree.
9. IT 1S FURTHER, ORDERED, ADJUDGED AND DECREED BY
THE COURT that by agreement of the parties hereto which this Court hereby
approves, ratifies, adopts and confirms, that the Petitioner, Brad J. Kastl, and
the Respondent, Lori J. Kastl, be and they are hereby granted joint care,
custody and control of the minor children, HM Kastl, born 06/12/03; ML Kast,
born 03/10/06; KL Kastl, born 07/19/10; and KA Kastl, born 07/19/10.
FURTHER by agreement of the parties hereto which this Court hereby approves,
ratifies, adopts and confirms, the agreed to and verified proposed Joint Child
Custody Plan, the terms, provisions, requirements and conditions thereir
specified, provided and set out, be and it is hereby adopted and SO ORDERED.a true and correct copy of which is attached hereto, marked Exhibit “A”, made a
part hereof, and incorporated herein as if fully set out.
10.
IT IS FURTHER, ORDERED, ADJUDGED AND DECREED BY
THE COURT that if either party (“the relocating party”) intends to move his or her
primary residence or intends to move the primary residence of any minor child of
the parties over seventy-five (75) miles for a period of sixty (60) days or more
when such move is not a temporary absence from the child’s principal residence:
A.
The relocating party shall furnish the following information to the
other party in accordance with the terms set out herein:
(1) the intended new address, including the specific address, if
known;
(2) the new mailing address, if not the same;
(3) the home telephone number, if known;
(4) __ the date of the intended move or proposed relocation;
(5) abrief statement of the specific reasons for the proposed
relocation of the child(ren), if applicable; and
(6) a proposal for a revised schedule of visitation with the
child(ren), if any.
The relocating party shall give notice of the proposed relocation of
any child or the proposed change of the party's residence address
to the other party on or before the sixtieth (60") day before the
proposed change. If the relocating party did not know and could
not have reasonably known of the change in sufficient time to
provide a sixty-day notice, then such party shall give notice of the
change on or before the tenth (10") day after the date he or she
knows of the change.
The obligation of a party to give the notices and to provide the
information set out herein shall continue so long as that party is
entitled to custody of, or visitation with, any child covered by this
order.
The failure of a party to give the notices and to provide the
information set out herein may result in further litigation to enforce
the order, including contempt of court.E. The failure of a party to notify of a relocation of any child may be
taken into account in a modification of custody of, visitation with,
possession of, or access to, the child. The Court may assess
reasonable attorney fees and costs against a party who fails to give
the required notice provided for herein.
F. If a party who receives notice of the intent of the other party to
relocate the residence of any child does not file, within thirty (30)
days of receipt of such notice, a proceeding seeking a temporary or
permanent order to prevent the relocation, the relocation is
authorized and may occur without further notice.
11. IT IS FURTHER, ORDERED, ADJUDGED AND DECREED BY
THE COURT that by agreement of the parties which this Court hereby approves,
ratifies, adopts and confirms, that in accordance with the said Child Support
Guidelines, Petitioner is ordered to pay Respondent base child support in the
amount of $1,500.00 per month. Petitioner is ordered to pay said base monthly
child support beginning the 15" day of March, 2013, and a like amount on or
before the 15" day of each month thereafter during the minority of the children or
so long as they are continuously enrolled and attending high school as provided
by law, or until the further order of this Court. .
12. IT IS FURTHER ORDERED, ADJUDGED AND DECREED BY
THE COURT that by agreement of the parties which this Court hereby approves,
ratifies, adopts and confirms, and subject to modification as provided by law, the
Petitioner having medical insurance available through his current employer,
undertakes to insure the parties’ children with medical insurance through his
employer until and unless he becomes unemployed. The parties further
acknowledge that the children are not eligible for Native American Indian Health
care benefits.
13. IT IS FURTHER ORDERED, ADJUDGED AND DECREED BY
THE COURT that by agreement of the parties which this Court hereby approves,
ratifies, adopts and confirms, that work-related day care expenses for the minor
children currently exist in the amount of $1,100.00 per month and pursuant to the
Joint Child Custody Plan attached as Exhibit “A” hereto, the Petitioner and the
Respondent, respectively, are hereby ordered and directed to each pay fifty
percent (50%) of all work-related day care expenses for the minor children to the
custodial parent incurring the expense, contemporaneously with acquisition of
such expense, and in no event later than thirty (30) days of acquisition, subject to
modification as provided by law.
14. IT IS FURTHER ORDERED, ADJUDGED AND DECREED BY
THE COURT that by agreement of the parties which this Court hereby approves,
ratifies, adopts and confirms, the Petitioner and the Respondent, respectively,
are hereby ordered and directed to pay fifty percent (50%) as their respectiveproportionate share of all medical, dental, orthodontic, optometric, mental or
necessary health-related expenses of the minor children which are not covered
by governmental assistance programs or are not reimbursed by insurance, to the
custodial parent incurring the expense, contemporaneously with acquisition of
such expense, and in no event later than thirty (30) days of acquisition.
15. IT IS FURTHER ORDERED, ADJUDGED AND DECREED BY
THE COURT that by agreement of the parties, which this Court hereby approves,
ratifies, adopts and confirms, that for the purpose of any government income tax,
head of household status and EIC exemptions, the Petitioner, Brad J. Kastl,
shall claim the minor children, HM Kastl, born 06/12/03 and KL Kastl, born
07/19/10, as exemptions commencing in the year 2013 and in all years
thereafter; and the Respondent, Lori J. Kastl, shall claim the said minor children,
ML Kastl, born 03/10/06 and KA Kastl, born 07/19/10, as exemptions
commencing in the year 2013, and in all years thereafter.
16. IT IS FURTHER ORDERED, ADJUDGED AND DECREED BY
THE COURT that by agreement of the parties which this Court hereby approves,
ratifies, adopts and confirms, the Petitioner, Brad J. Kastl, is hereby awarded as
his sole and separate property, free and clear of any right, title, interest, or claim
of the Respondent, the following described property, to-wit:
a. any and all personal effects, items and belongings of said Petitioner,
including but not limited to any and all items of jewelry, clothing wearing
apparel, ornaments of person, personal papers, records, documents, and
any such documents associated with or related to such property
hereinabove awarded to said Petitioner and all items of personal property
now in his possession
b. the balance of all bank, checking, and credit union accounts in said
Petitioner's name, along with any debts associated therewith, or under his
sole use and control and the cash now in his possession.
c. the Yamaha ATV subject to the debt with Yamaha Finance
d. The John Deere Tractor subject to the debt with John Deere Finance
e. the 2010 Chevrolet Truck subject to the debt with U. S. Bank
f. 2010 Chevrolet Suburban subject to the debt with Tinker Federal
Credit Union
17 ‘IT IS FURTHER ORDERED, ADJUDGED AND DECREED BY
THE COURT that the Petitioner is awarded the marital home and real estate
situated at 8515 S. Brush Creek Road, Stillwater, Payne County, Oklahoma, and
more particularly described as follows, to-wit:A part of the Southwest Quarter (SW/4) of the Northwest Quarter
(NW/4) of Section Twenty (20), Township Eighteen (18) North,
Range Three (3) East of the I.M., Payne County, Oklahoma,
according to the U.S. Government Survey thereof, being more
particularly described as follows: Beginning at the Southwest
corner of the NW/4; THENCE N00°27’54’E along the West line
of the NW/4 a distance of 326.06 feet; THENCE N89°34'47’E
553.94 feet; THENCE S00°27'54’W 326.06 feet to a point on
the South line of the NW/4; THENCE $89°34’47’W along the
South line of the NW/4 a distance of 553.94 feet to the Point of
Beginning
subject to the indebtedness against same in favor of Payne County Bank.
18. IT IS FURTHER ORDERED, ADJUDGED AND DECREED BY
THE COURT that by agreement of the parties which this Court hereby approves,
ratifies, adopts and confirms, the Respondent, Lori J. Kastl, is hereby awarded
as her sole and separate property, free and clear of any right, title, interest, or
claim of the Petitioner, the following described property, to-wit:
a. any and all personal effects, items and belongings of said
Respondent, including but not limited to any and all items of
jewelry, clothing wearing apparel, ornaments of person, personal
Papers, records, documents, and any such documents associated
with or related to such property hereinabove awarded to said
Respondent and all items of personal property now in her
possession
b. the balance of all bank, checking, and credit union accounts in said
Respondent’s name, along with any debts associated therewith, or
under her sole use and control and the cash now in her possession.
19. IT IS FURTHER ORDERED, ADJUDGED AND DECREED BY
THE COURT that by agreement of the parties which this Court hereby approves,
ratifies, adopts and confirms, the Petitioner is hereby ordered, directed and
commanded to entirely, timely and correctly pay, assume and be responsible for
the following debts, obligations and liabilities
a. The mortgage on the home and real estate granted to
Respondent in paragraph 17. in favor of Payne County Bank
b. The debt secured by the Yamaha ATV in favor of Yamaha
Financec. The debt secured by the John Deere Tractor in favor of John
Deere Finance
d. The debt secured by the 2010 Chevrolet Truck in favor of
U.S. Bank
e. The debt secured by the 2010 Chevrolet Suburban in favor of
Tinker Federal Credit Union
f. Any and all indebtedness incurred by the Petitioner in his separate
name,
and further that the Petitioner shall indemnify and hold the Respondent harmless
therefrom.
20. IT IS FURTHER ORDERED, ADJUDGED AND DECREED BY
THE COURT that by agreement of the parties which this Court hereby approves,
ratifies, adopts and confirms, the Respondent is hereby ordered, directed and
commanded to entirely, timely and correctly pay, assume and be responsible for
the following debts, obligations and liabilities:
a. all her student loans
b. Any and all indebtedness incurred by the Respondent in her
separate name,
and further that the Respondent shall indemnify and hold the Petitioner harmless
therefrom.
21. ITIS FURTHER ORDERED, ADJUDGED AND DECREED BY
THE COURT that the parties, by agreement, will file joint income tax returns for
federal and state for the tax year 2012 and shall each pay and be responsible for
fifty per cent (560%) of any and all federal and state income taxes due for year
2012. The parties further certify that no outstanding income liability exists for
prior years to the knowledge of the parties.
22. IT IS FURTHER ORDERED, ADJUDGED AND DECREED BY
THE COURT that in the event either party defaults on the payment of third party
debt service or payments, the non-defaulting party is relieved from the payment,
indemnity and hold harmless provisions herein.
23. IT IS FURTHER ORDERED, ADJUDGED AND DECREED BY
THE COURT that each party hereto is hereby directed to execute and deliver to
the other such assignments, bills of sale, deeds, conveyances, mortgages,
releases, and/or liens of record that may be necessary to carry the terms of the
division of property into effect, and in the event either of said parties fails to do sowithin five (5) days from the date hereof, then this Decree shall Operate as such
property conveyance or release.
JUDGE OF THE DISTRICT COURT
pT? Fs
2 . B .
CRarles E. Campbell, OBA #1445
713 S. Husband Street
Stillwater, OK 74074
(405) 377-2795
Attorney For Petitioner
(
, Respondent
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IN THE DISTRICT COURT OF PAYNE COUNTY, STATE OF OKLAHOMA 1N THE Distr; —— Payne, coiCT Co In Re The Marriage Of | my 1. Coun 1 Okino BRAD J. KASTL, TTOPOR Rey usa g MAR 14 2018 ) By_"S: LAMBERT, Petitioner, ) a ) ) ity And ) Case No. FD-2012-431 ) LORI J. KASTL, ) ) Respondent. ) DECREE OF DISSOLUTION AND DIVORCE NOW, on this l PB say ot AM, 2013, this matter comes on for trial, the Petitioner, Brad J. Kastl, appearing in person and with his attorney of record, Charles E. Campbell, of Stillwater, Oklahoma, and the Respondent, Lori J. Kastl, appearing in person, pro-se, having heretofore filed sufficient Entry of Appearance and Waiver herein; whereupon the Petitioner announces that the parties have reached an agreement, the terms and provisions of which are memorialized as hereinafter specifically set out, the terms of said agreement being just, reasonable, and equitable, and in the best interest of the minor child of the parties hereto, that the Court can and should approve, adopt, ratify and incorporate the terms of said agreement as its Decree; and requests that the Court approve and adopt same as its order, and the Court, having read, examined, reviewed and considered the pleadings on file herein, having heard and considered the pleadings on file herein, having heard and considered the testimony of the Respondent, sworn and examined in open Court, having heard the statements of counsel, and having been fully advised in the premises, FINDS: 1. Under all applicable state and federal law, including the Uniform Child Custody Jurisdiction And Enforcement Act, 43 O.S. §551-101 et seq., Oklahoma's Uniform Interstate Family Support Act, 43 O.S. §601-100, et seq., and the federal Parental Kidnapping Prevention Act, 28 U.S.C. §1738A; this Court has and should exercise jurisdiction to enter initial child custody, visitation and support decrees under said state and federal law and enter ordersconcerning the same as are more specifically hereinafter set forth. More particularly: A. At the commencement of this action, Oklahoma was the “home state” of said minor children as that term is defined by said statutes and it has since remained and is now their home state. B. It is in the best interest of the minor children that this state assume jurisdiction because the children and their parents, the parties hereto, have significant connections with this state, and there is available in this state substantial evidence concerning the children’s present and future care, protection, training and personal relationships and the children are physically present in this state. Cc. Other than the parties hereto, no other person has or claims to have custody or visitation rights concerning the minor children. Other than this action, no prior actions have been filed in this or in any other state concerning the custody, visitation or support of the minor children and no party hereto has participated in any such litigation as a party, witness or in any other capacity. The children are not of Native American ancestry and neither Oklahoma’s Indian Child Welfare Act, 10 O.S. §40 et seq.; nor the federal Indian Child Welfare Act, 25 U.S.C. §1901 et seq. apply to this proceeding. The Oklahoma Department of Human Services is necessary party to child support issues herein and it has participated herein according to law. The Court has jurisdiction over all necessary parties concerning the issues of child custody, support and visitation. D. The Court should exercise its jurisdiction to enter initial child custody, visitation and support decrees concerning the minor children. 2. That the Petitioner and the Respondent are now and have been for more than six (6) months next preceding the filing of Petitioner's Petition herein actual residents, in good faith, of the State of Oklahoma, and are now and have been for more than thirty (30) days next preceding the filing of Petitioner's Petition herein actual residents, in good faith, of Payne County. 3. That the parties hereto were legally married on or about the 9" day of October, 1999, at Union Church, Mehan, Payne County, Oklahoma, and have been since that time and are at the present time, husband and wife. 4. That a state of complete and irreconcilable incompatibility has arisen between the parties hereto which has completely destroyed the legitimate aims of the marriage of the parties rendering continued matrimony between themimpossible, by reason of which the parties are entitled to a decree of dissolution of marriage and divorce from one another. 5. That of said marriage aforesaid, marriage four (4) children have been bom, conceived or adopted, namely: HM Kastl, born 06/12/03; ML Kastl, born 03/10/06; KL Kastl, born 07/19/10; and KA Kastl, born 07/19/10, and that the Respondent is not now pregnant. 6. That the parties have made and perfected an agreement with one another whereby they have settled their mutual claims, concerns and differences regarding custody of the minor children; medical insurance; payment of child support, work-related day care expenses and payment of medical expenses not reimbursed by insurance; said agreement thought to be in the best interest of the minor children; that said agreements are fair, just and equitable and in the best interest of the minor children, and should be ratified, approved, adopted, confirmed and so ordered. 7. That the parties have made and perfected an agreement with one another whereby they have settled their mutual concerns and differences regarding a division of all jointly acquired property of which either or both of them are seized and possessed and an agreement regarding a division of all debts, obligations, and/or liabilities incurred and/or created by the parties hereto, or either of them; that said agreements are found by the Court to be fair, just, reasonable, and equitable and should be ratified, approved, adopted, confirmed and so ordered as hereinafter specifically set out. 8. IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED BY THE COURT that the Petitioner, Brad J. Kastl, and the Respondent, Lori J. Kastl, be and they are hereby granted an absolute decree of dissolution of marriage and divorce from one another upon the grounds of incompatibility, and the bonds of matrimony heretofore existing between the parties are hereby dissolved, set aside and held for naught, and both parties are released therefrom and restored to all of the rights and privileges of single, unmarried persons, except that neither party hereto shall marry a third party for a period of six (6) months from the date of this Decree. 9. IT 1S FURTHER, ORDERED, ADJUDGED AND DECREED BY THE COURT that by agreement of the parties hereto which this Court hereby approves, ratifies, adopts and confirms, that the Petitioner, Brad J. Kastl, and the Respondent, Lori J. Kastl, be and they are hereby granted joint care, custody and control of the minor children, HM Kastl, born 06/12/03; ML Kast, born 03/10/06; KL Kastl, born 07/19/10; and KA Kastl, born 07/19/10. FURTHER by agreement of the parties hereto which this Court hereby approves, ratifies, adopts and confirms, the agreed to and verified proposed Joint Child Custody Plan, the terms, provisions, requirements and conditions thereir specified, provided and set out, be and it is hereby adopted and SO ORDERED.a true and correct copy of which is attached hereto, marked Exhibit “A”, made a part hereof, and incorporated herein as if fully set out. 10. IT IS FURTHER, ORDERED, ADJUDGED AND DECREED BY THE COURT that if either party (“the relocating party”) intends to move his or her primary residence or intends to move the primary residence of any minor child of the parties over seventy-five (75) miles for a period of sixty (60) days or more when such move is not a temporary absence from the child’s principal residence: A. The relocating party shall furnish the following information to the other party in accordance with the terms set out herein: (1) the intended new address, including the specific address, if known; (2) the new mailing address, if not the same; (3) the home telephone number, if known; (4) __ the date of the intended move or proposed relocation; (5) abrief statement of the specific reasons for the proposed relocation of the child(ren), if applicable; and (6) a proposal for a revised schedule of visitation with the child(ren), if any. The relocating party shall give notice of the proposed relocation of any child or the proposed change of the party's residence address to the other party on or before the sixtieth (60") day before the proposed change. If the relocating party did not know and could not have reasonably known of the change in sufficient time to provide a sixty-day notice, then such party shall give notice of the change on or before the tenth (10") day after the date he or she knows of the change. The obligation of a party to give the notices and to provide the information set out herein shall continue so long as that party is entitled to custody of, or visitation with, any child covered by this order. The failure of a party to give the notices and to provide the information set out herein may result in further litigation to enforce the order, including contempt of court.E. The failure of a party to notify of a relocation of any child may be taken into account in a modification of custody of, visitation with, possession of, or access to, the child. The Court may assess reasonable attorney fees and costs against a party who fails to give the required notice provided for herein. F. If a party who receives notice of the intent of the other party to relocate the residence of any child does not file, within thirty (30) days of receipt of such notice, a proceeding seeking a temporary or permanent order to prevent the relocation, the relocation is authorized and may occur without further notice. 11. IT IS FURTHER, ORDERED, ADJUDGED AND DECREED BY THE COURT that by agreement of the parties which this Court hereby approves, ratifies, adopts and confirms, that in accordance with the said Child Support Guidelines, Petitioner is ordered to pay Respondent base child support in the amount of $1,500.00 per month. Petitioner is ordered to pay said base monthly child support beginning the 15" day of March, 2013, and a like amount on or before the 15" day of each month thereafter during the minority of the children or so long as they are continuously enrolled and attending high school as provided by law, or until the further order of this Court. . 12. IT IS FURTHER ORDERED, ADJUDGED AND DECREED BY THE COURT that by agreement of the parties which this Court hereby approves, ratifies, adopts and confirms, and subject to modification as provided by law, the Petitioner having medical insurance available through his current employer, undertakes to insure the parties’ children with medical insurance through his employer until and unless he becomes unemployed. The parties further acknowledge that the children are not eligible for Native American Indian Health care benefits. 13. IT IS FURTHER ORDERED, ADJUDGED AND DECREED BY THE COURT that by agreement of the parties which this Court hereby approves, ratifies, adopts and confirms, that work-related day care expenses for the minor children currently exist in the amount of $1,100.00 per month and pursuant to the Joint Child Custody Plan attached as Exhibit “A” hereto, the Petitioner and the Respondent, respectively, are hereby ordered and directed to each pay fifty percent (50%) of all work-related day care expenses for the minor children to the custodial parent incurring the expense, contemporaneously with acquisition of such expense, and in no event later than thirty (30) days of acquisition, subject to modification as provided by law. 14. IT IS FURTHER ORDERED, ADJUDGED AND DECREED BY THE COURT that by agreement of the parties which this Court hereby approves, ratifies, adopts and confirms, the Petitioner and the Respondent, respectively, are hereby ordered and directed to pay fifty percent (50%) as their respectiveproportionate share of all medical, dental, orthodontic, optometric, mental or necessary health-related expenses of the minor children which are not covered by governmental assistance programs or are not reimbursed by insurance, to the custodial parent incurring the expense, contemporaneously with acquisition of such expense, and in no event later than thirty (30) days of acquisition. 15. IT IS FURTHER ORDERED, ADJUDGED AND DECREED BY THE COURT that by agreement of the parties, which this Court hereby approves, ratifies, adopts and confirms, that for the purpose of any government income tax, head of household status and EIC exemptions, the Petitioner, Brad J. Kastl, shall claim the minor children, HM Kastl, born 06/12/03 and KL Kastl, born 07/19/10, as exemptions commencing in the year 2013 and in all years thereafter; and the Respondent, Lori J. Kastl, shall claim the said minor children, ML Kastl, born 03/10/06 and KA Kastl, born 07/19/10, as exemptions commencing in the year 2013, and in all years thereafter. 16. IT IS FURTHER ORDERED, ADJUDGED AND DECREED BY THE COURT that by agreement of the parties which this Court hereby approves, ratifies, adopts and confirms, the Petitioner, Brad J. Kastl, is hereby awarded as his sole and separate property, free and clear of any right, title, interest, or claim of the Respondent, the following described property, to-wit: a. any and all personal effects, items and belongings of said Petitioner, including but not limited to any and all items of jewelry, clothing wearing apparel, ornaments of person, personal papers, records, documents, and any such documents associated with or related to such property hereinabove awarded to said Petitioner and all items of personal property now in his possession b. the balance of all bank, checking, and credit union accounts in said Petitioner's name, along with any debts associated therewith, or under his sole use and control and the cash now in his possession. c. the Yamaha ATV subject to the debt with Yamaha Finance d. The John Deere Tractor subject to the debt with John Deere Finance e. the 2010 Chevrolet Truck subject to the debt with U. S. Bank f. 2010 Chevrolet Suburban subject to the debt with Tinker Federal Credit Union 17 ‘IT IS FURTHER ORDERED, ADJUDGED AND DECREED BY THE COURT that the Petitioner is awarded the marital home and real estate situated at 8515 S. Brush Creek Road, Stillwater, Payne County, Oklahoma, and more particularly described as follows, to-wit:A part of the Southwest Quarter (SW/4) of the Northwest Quarter (NW/4) of Section Twenty (20), Township Eighteen (18) North, Range Three (3) East of the I.M., Payne County, Oklahoma, according to the U.S. Government Survey thereof, being more particularly described as follows: Beginning at the Southwest corner of the NW/4; THENCE N00°27’54’E along the West line of the NW/4 a distance of 326.06 feet; THENCE N89°34'47’E 553.94 feet; THENCE S00°27'54’W 326.06 feet to a point on the South line of the NW/4; THENCE $89°34’47’W along the South line of the NW/4 a distance of 553.94 feet to the Point of Beginning subject to the indebtedness against same in favor of Payne County Bank. 18. IT IS FURTHER ORDERED, ADJUDGED AND DECREED BY THE COURT that by agreement of the parties which this Court hereby approves, ratifies, adopts and confirms, the Respondent, Lori J. Kastl, is hereby awarded as her sole and separate property, free and clear of any right, title, interest, or claim of the Petitioner, the following described property, to-wit: a. any and all personal effects, items and belongings of said Respondent, including but not limited to any and all items of jewelry, clothing wearing apparel, ornaments of person, personal Papers, records, documents, and any such documents associated with or related to such property hereinabove awarded to said Respondent and all items of personal property now in her possession b. the balance of all bank, checking, and credit union accounts in said Respondent’s name, along with any debts associated therewith, or under her sole use and control and the cash now in her possession. 19. IT IS FURTHER ORDERED, ADJUDGED AND DECREED BY THE COURT that by agreement of the parties which this Court hereby approves, ratifies, adopts and confirms, the Petitioner is hereby ordered, directed and commanded to entirely, timely and correctly pay, assume and be responsible for the following debts, obligations and liabilities a. The mortgage on the home and real estate granted to Respondent in paragraph 17. in favor of Payne County Bank b. The debt secured by the Yamaha ATV in favor of Yamaha Financec. The debt secured by the John Deere Tractor in favor of John Deere Finance d. The debt secured by the 2010 Chevrolet Truck in favor of U.S. Bank e. The debt secured by the 2010 Chevrolet Suburban in favor of Tinker Federal Credit Union f. Any and all indebtedness incurred by the Petitioner in his separate name, and further that the Petitioner shall indemnify and hold the Respondent harmless therefrom. 20. IT IS FURTHER ORDERED, ADJUDGED AND DECREED BY THE COURT that by agreement of the parties which this Court hereby approves, ratifies, adopts and confirms, the Respondent is hereby ordered, directed and commanded to entirely, timely and correctly pay, assume and be responsible for the following debts, obligations and liabilities: a. all her student loans b. Any and all indebtedness incurred by the Respondent in her separate name, and further that the Respondent shall indemnify and hold the Petitioner harmless therefrom. 21. ITIS FURTHER ORDERED, ADJUDGED AND DECREED BY THE COURT that the parties, by agreement, will file joint income tax returns for federal and state for the tax year 2012 and shall each pay and be responsible for fifty per cent (560%) of any and all federal and state income taxes due for year 2012. The parties further certify that no outstanding income liability exists for prior years to the knowledge of the parties. 22. IT IS FURTHER ORDERED, ADJUDGED AND DECREED BY THE COURT that in the event either party defaults on the payment of third party debt service or payments, the non-defaulting party is relieved from the payment, indemnity and hold harmless provisions herein. 23. IT IS FURTHER ORDERED, ADJUDGED AND DECREED BY THE COURT that each party hereto is hereby directed to execute and deliver to the other such assignments, bills of sale, deeds, conveyances, mortgages, releases, and/or liens of record that may be necessary to carry the terms of the division of property into effect, and in the event either of said parties fails to do sowithin five (5) days from the date hereof, then this Decree shall Operate as such property conveyance or release. JUDGE OF THE DISTRICT COURT pT? Fs 2 . B . CRarles E. Campbell, OBA #1445 713 S. Husband Street Stillwater, OK 74074 (405) 377-2795 Attorney For Petitioner ( , Respondent