Preview
27-FA-23-954
Filed in District Court
State of Minnesota
10/11/2023 1:25 PM
STATE OF MINNESOTA. DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
DISSOLUTION WITH CHILD
In Re the Marriage of:
Katy Ellen Drahos, STIPULATED FINDINGS OF FACT,
CONCLUSIONS OF LAW, ORDER FOR
Petitioner, JUDGMENT AND JUDGMENT AND
DECREE
and
Court File No. 27-FA-23-954
Adam Robert Clawson,
Respondent.
This matter came before the Court for approval without hearing on
pursuant to Minnesota Statute § 518.13. The parties reached an agreement on all matters. The
parties entered into this Stipulated Judgment and Decree as their Marital Termination Agreement.
The parties have read this Agreement, have given it serious thought and consideration, and
understand its contents. This Agreement is fair, just, and equitable under the circumstances, and it
has been made in aid of an orderly and just determination of the property settlement in this matter
satisfactory to both parties. This Agreement is being entered into by the parties subsequent to the
definite understanding between them that there can be no reconciliation.
Subject to the terms hereof and subject to full compliance therewith, each of the parties in
all respects, manners and things releases and fully discharges the other from any liability, claims
or obligations of any kind or character, whether arising out of the marriage relationship or
otherwise, and the terms hereof shall be deemed to constitute a full, final, and complete property
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settlement between the parties. Each party specifically affirms that they have fully disclosed all
assets and liabilities that they are aware of. Neither party is aware of any additional assets or
liabilities.
NOW, THEREFORE, IT IS FURTHER STIPULATED THAT THE FACTS SET FORTH
IN THE FINDINGS OF FACT BELOW ARE THE FACTS AGREED UPON BY THE PARTIES
AND UPON WHICH THE PARTIES BASE THEIR AGREEMENT AND THAT THE
CONCLUSIONS OF LAW SET FORTH BELOW CONSTITUTE THE AGREEMENT OF THE
PARTIES. IT IS FURTHER STIPULATED THAT THE FINDINGS OF FACT AND
CONCLUSIONS OF LAW SET FORTH BELOW BE INCORPORATED IN THE FINDINGS
OF FACT, CONCLUSIONS OF LAW, ORDER FOR JUDGMENT, AND JUDGMENT AND
DECREE.
Based on the Agreement below, and having been fully advised in the premises, and upon
the complete files, records, and proceedings herein, the Court makes the following as its Stipulated
Findings of Fact, Conclusions of Law, Order for Judgment, and Judgment and Decree:
FINDINGS OF FACT
The parties’ names, addresses, birth dates and ages are as follows:
Petitioner
Name: Katy Ellen Drahos
Previous Names: None
Address: 4932 Mayview Road, Minnetonka, Minnesota 55345
Birth date and age: August 26, 1980; age 43
Respondent
Name: Adam Robert Clawson
Previous Names: None
Address: 1505 5" Street N. Apt. 107, Hopkins, MN 55305
Birth date and age: March 17, 1981; age 42
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The Social Security numbers of the parties and their minor child have been filed as
confidential information.
2. Petitioner is represented in these proceedings by:
Kerry Minnich, I.D. No. 0390078
13100 Wayzata Boulevard, Suite 320
Minnetonka, Minnesota 55305
Respondent is represented in these proceedings by:
Amanda Bloomgren, I.D. No. 0386567
903 Mainstreet, Suite A
Hopkins, Minnesota 55343
3 Petitioner has resided in Minnesota 180 days prior to commencement of this
proceeding and was a resident of Hennepin County at the time of commencement of this
proceeding.
4 The parties were married on July 3, 2016, in the City of Akeley, County of Hubbard,
State of Minnesota, and ever since have been and still are married.
5 There has been an irretrievable breakdown of the marriage relationship between the
parties.
6 No separate proceeding for dissolution or legal separation is pending in any court
in this state or elsewhere, nor is the minor child of the parties under the jurisdiction of juvenile
court in this state or elsewhere.
7. Neither party has been a member of the armed forces of the United States and has
not been since the pendency of this proceeding. Accordingly, the Servicemembers Civil Relief Act
of 2003 does not apply.
8 The parties have one (1) minor child of this marriage, namely:
Drea Bear Clawson, born June 30, 2013, age 10.
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27-FA-23-954
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The parties were unmarried at the time of the child’s birth. The parties signed a Recognition
of Parentage when the child was born. Custody and parenting time for the minor child has not yet
been established.
The parties have stipulated to the custody labels, the parenting time schedule, and the
dispute resolution methods in the best interests of their minor child, the agreements set forth
throughout this Judgment and Decree and in the attached exhibits. In reaching the agreements and
stipulations contained herein, the parties were in dispute over what an appropriate parenting
time schedule is for the minor child, what is the appropriate timeline for expansion of
parenting time, if any, and what if any restrictions or conditions on parenting time are
appropriate and in the child’s best interest. In order to resolve the matter and create stability and
consistency for the minor child, the parties reach a stipulated agreement to appoint a Parenting
Consultant to assist them with these disputes under the terms set forth herein.
9. Petitioner is not now pregnant.
10. Neither party nor the minor child in this proceeding are governed by a domestic
abuse Order for Protection.
11. The parties have fully disclosed all of their income from employment and other
sources as follows:
Petitioner’s Income. Petitioner is employed by the Minnesota State Bar
Association and has an average gross monthly income of $6,375.00.
Petitioner’s income is sufficient to meet the monthly living expenses for
Petitioner and the minor child when in Petitioner’s care.
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27-FA-23-954
Filed in District Court
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Petitioner is in good health, is self-supporting, is not in need of spousal
maintenance, and waives the right to receive temporary or permanent
spousal maintenance from Respondent.
Respondent’s Income. Respondent is employed by Prodex Supply and has
an average gross monthly income of $6,869.00. Respondent’s income is
sufficient to meet the monthly living expenses for Respondent and the
minor child when in Respondent’s care.
Respondent is in good health, is self-supporting, is not in need of spousal
maintenance, and waives the right to receive temporary or permanent
spousal maintenance from Petitioner.
Waiver of Maintenance. Pursuant to Minn. Stat. § 518.552, subd. 5, the
parties have agreed that neither of them may return to the Court in the future
to have the Court award any spousal maintenance and the Court shall have
no jurisdiction in regard to the issue of spousal maintenance. The property
settlement set forth below is consideration for both parties’ waiver of
spousal maintenance, and said waiver is fair and equitable. Full disclosure
of each party’s financial circumstances, including income, assets, and any
other relevant information, has occurred. The Court has reviewed this
agreement, finds it to be supported by sufficient consideration, and finds it
to be fair and equitable.
12. Each party has fully disclosed to the other party all of his or her assets, including
any and all assets which he or she has in the name of a third person but which is under his or her
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27-FA-23-954
Filed in District Court
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control, and of these assets, their current fair market values, and any liens or security interests
disclosed by either party, are as follows:
a Homestead. The parties are owners of a homestead located at 4932
Mayview Road, in the City of Minnetonka, County of Hennepin, State of
Minnesota, legally described as follows:
Lot 9, Block 3, Bellevue First Addition
This property has a fair market value of approximately $565,000.00 with a current
encumbrance in the approximate amount of $166,176.06. Respondent has a
nonmarital interest in the parties’ homestead in the amount of $186,401.00.
b. Pensions, IRAs, or other retirement benefits. The parties have an interest
in the following retirement accounts or plans:
1 Petitioner’s ABA Retirement Funds, $10,661.71 as of December 31,
2022;
iL Petitioner’s Securian 401(k) account #...7843, $30,204.64 as of
December 31, 2022 subject to Petitioner’s nonmarital interest in the
amount of $6,930.00;
iii. Respondent’s UBS SEP #38, $107,702.53 as of December 31, 2022
subject to Respondent’s nonmarital interest in the amount of
$67,763.00; and
Iv. Respondent’s Fidelity Roth IRA #...3648, $21,867.62 as of
December 31, 2022.
Investment Accounts. The parties are owners of the following:
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Petitioner’s Ameriprise account #...8133 with a fair market value of
$11,232.29 as of January 1, 2023 subject to Petitioner’s nonmarital
interest in the amount of $11,232.29;
il Petitioner’s E-Trade account #...1810 with a fair market value of
$29,493.85 as of December 31, 2022;
iii. Petitioner’s savings bonds with a fair market value of $10,400.00 as
of February 5, 2023; and
iv. Respondent’s Binance account #...7336 with a fair market value of
$1,200.00 as of January 11, 2023.
Vehicles. The parties are the owners of the following vehicles:
i 2011 Honda CR-V titled in the name of Petitioner with a fair market
value of $10,575.00;
i, 2018 Rpod 189 Camper titled in the name of the parties’ and
Petitioner’s parents with an agreed upon marital value of $7,500;
€. Checking and Savings Accounts. The parties are owners of various
checking, savings, and investment accounts as follows:
1 Petitioner’s 1 Mtka City Bank account #...2399, $10,809.94 as of
December 29, 2022;
i. Petitioner’s Capital One Savings account #...1, $2,720.00 as of
January 1, 2023;
iii. Petitioner’s Capital One Savings account #...7952, $49,513.01 as of
January 1, 2023 subject to Petitioner’s nonmarital interest of
$10,082.48;
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iv. Respondent’s 1 Mtka City Bank account #...9958, $14,194.88 as of
December 27, 2022; and
V. M’tonka savings account with no value.
f. Personal Property. The parties are owners of miscellaneous personal
property, household goods and furnishings, furniture, and appliances.
13 The parties have the following marital debts:
Creditor Balance
Petitioner’s Target #...4136 Credit Card (3/7/2023) $0.00
Petitioner’s Capital One #...0643 Credit Card $0.00
Joint Home Appraisal Costs (7/12/2023) $650.00
Total $650.00
14. NONJOINT CHILDREN. There are no nonjoint children of either party.
15. PARENTAL INCOME FOR DETERMINING CHILD SUPPORT. Based
upon the parties’ respective gross incomes, the combined Parental Income for Determining Child
Support (PICS) is $13,244.00. Petitioner’s percentage of the combined parental income is 48%
and Respondent’s percentage of the combined parental income is 52%.
16. HEALTH AND DENTAL INSURANCE FOR MINOR Child. The parties have
the following health and dental insurance available for the benefit of the minor child:
a. Petitioner’s Insurance. Petitioner has health and dental insurance in place
through employment at a cost of $218 per month for dependent health
coverage.
17. HEALTH AND DENTAL INSURANCE FOR PARTIES. The parties each have
available health and dental insurance through their respective employers.
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18. PUBLIC ASSISTANCE. Neither party nor the minor child receive any form of
public assistance as defined by Minn. Stat. §256.741.
19. JOINT MARITAL AGREEMENT AND DECREE. The parties agree that the
foregoing Findings of Fact, Conclusions of Law incorporate the complete and full Marital
Termination Agreement of the parties. Both parties have read the foregoing Marital Termination
Agreement and have signed it with full knowledge of its contents, each acknowledges receipt of a
copy of this Marital Termination Agreement, and each agrees that this agreement is fair, just, and
equitable under the circumstances.
CONCLUSIONS OF LAW
1 DISSOLUTION OF MARRIAGE. The bonds of matrimony existing between the
parties are dissolved.
2. CUSTODY AND PARENTING TIME. The parties are awarded joint legal
custody and joint physical custody of the minor child, Drea Bear Clawson, born June 30, 2013.
The parties shall exercise parenting time under the following schedules:
a. Regular Schedule: When the child starts school for the 2023-2024 school
year, the parties shall begin exercising parenting time under the below
schedule:
Sunday Monday Tuesday Wednesday | Thursday Friday Saturday
Mom Mom Mom Dad Mom Dad Dad
Dad Mom Mom Dad Mom Mom Mom
b Expanded Parenting Time. Beginning January 1, 2024, the parties shall
begin exercising parenting time under the below expanded schedule:
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Filed in District Court
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Sunday Monday Tuesday Wednesday Thursday Friday Saturday
Mom Mom Mom Dad Mom Dad Dad
Dad Mom Mom Dad Dad Mom Mom
This expansion of Respondent’s parenting time shall occur unless the parties’ Parenting
Consultant determines that expanding Respondent’s parenting time would be contrary to the
child’s best interests at that time. Petitioner may ask the Parenting Consultant to determine if
expansion of parenting time is in the minor child’s best interests if:
Petitioner has reasonable concerns about Respondent’s
sobriety that relate to the minor child’s best interests;
il Respondent is not following the aftercare recommendations
from his treatment providers and/or medical providers;
iii Respondent is no longer engaged in therapy despite the
recommendations of his therapist;
IV. Respondent is not consistently exercising his parenting time;
Respondent has not been attending all of the child’s parent-
teacher conferences; or
Vi Other concerns regarding the minor child’s health or well
being.
c Holiday Schedule: The parties shall exercise the following holiday
parenting time schedule
HOLIDAY PETITIONER RESPONDENT
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27-FA-23-954
Filed in District Court
State of Minnesota
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New Years Odd Years Even Years
From 9am 12/31 to
Spm 1/1
Easter and School Spring Even Years Odd Years
Break
Memorial Day Odd Years Even Years
Friday-Monday
July 4% Even Years Odd Years
9am until after fireworks
Labor Day Odd Years Even Years
Friday-Monday
Thanksgiving Even Years Odd Years
Thursday-Sunday
Christmas Eve Every Year Never
10am 12/24 until 10 pm
12/24
Christmas Eve/Day Odd Years Even Years
10pm 12/24 until 10 am
12/25
Christmas Day 10 am 12/25 Never Every Year
until 10 am 12/26
First Half Christmas 1“ half 2" half
Break/New Years
(10 am on 12/26 until 5 pm on
12/29)
Second Half Christmas 2" half 1“ half
Break/New Years
(5 pm on 12/29 until 5 pm on
1/1)
Mother’s Day Every Year Never
9 am on Sunday until 9 am or
school the following day
Father’s Day Never Every Year
9 am on Sunday until 9 am the
following day
Mother’s Birthday (08/26) Every Year Never
9 am on 8/26 until 9 am the
following day
Father’s Birthday (03/17) Never Every Year
9 am on 3/17 until 9
am/school the following da’
Child’s Birthday (6/30) Shared per agreement Shared per agreement
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Any holiday not listed above, is awarded to the party the child is with on that given day. Any
holiday parenting time takes precedence over the regular or vacation parenting time unless
otherwise agreed to, and vacation parenting time takes precedence over regular parenting time.
3. ADDITIONAL PROVISIONS. The parties shall abide by the following
additional provisions:
a Chemical Dependency Treatment. Respondent has completed voluntary
chemical dependency treatment through Hazelden. Respondent is expected
to follow aftercare instructions. Respondent shall share any and all aftercare
instructions from the treatment center with Petitioner and the parties’
Parenting Consultant.
Alcohol Monitoring. Regardless of any aftercare instructions provided.
through 3(a) above, Respondent shall remain sober during his parenting
time. Respondent shall be 100% responsible for BacTrac alcohol testing.
Testing shall follow occur as follows:
1 A test will occur within a half hour of parenting time beginning;
2. Between 8-9 pm;
3. Between 7-8 am.
Testing shall continue on this schedule until February 1, 2024 and the
successful completion of treatment. After that point in time the testing
schedule shall be modified as agreed upon by the parties or determined by
the parenting consultant.
Further Expansion of Parenting Time. No sooner than May 1, 2024,
Respondent may request a further expansion of his regular parenting time
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schedule. If not agreed upon by the parties, the issue shall be determined by
the parenting consultant based upon a best interest standard of review.
Vacations/Extended Time. Each parent is entitled to a minimum of two
(2) non-consecutive weeks of vacation or extended time per year with the
child. The vacation should minimize interference with the other parent’s
parenting time and should include the normal scheduled weekend when
possible. Absent agreement, one consecutive week equals seven (7) days
and shall not exceed more than ten (10) days away from the other parent.
Each parent shall give a thirty-day advance written notice to the other parent
of any vacation plans. A parent traveling out of state/country with the child
shall provide the other parent with the location and emergency phone
numbers.
Special Event Days. Each party is entitled to four (4) days annually with
the child for the purpose of special events such as weddings, funerals,
graduations, family reunions and the like. The parent wishing to exercise a
special event day or days shall provide the other parent with two (2) weeks’
notice, except for such events which do not permit a two-week notice, in
which case reasonable notice is required.
Miscellaneous Provisions. Both parents may attend school/daycare related
and other extracurricular activities outside of school/daycare regardless of
the parenting time schedule.
Education. Each parent shall communicate with the child’s schools to
remain informed about each child’s needs and progress and special events
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including parent-teacher conferences. They realize college or technical
training is important and they will encourage and support each child’s
efforts for further education. If a party receives information that was not
communicated in a manner that allows receipt by the other parent (i.e.
communication directly via email by a teacher to one parent versus through
a portal or district/school wide communication or sent home in the child’s
backpack), the parent receiving the information shall communicate it to the
other parent. The parties shall copy one another on an emails or
correspondence sent to the minor child’s teacher or administrators.
Health Care. In emergencies, each parent consents to emergency medical
treatment for the child as needed. Their intent is to take care of the medical
emergency first and communicate with the other parent as soon as possible.
Each has the right to the child’s medical information and records, and they
shall communicate with each other on major health care for the child. Major
decisions about health care will be made jointly by the parties. The parties
shall cooperate to make joint medical decisions and any changes to routine
medical care needed by the minor child. The parties shall inform one
another of all medical appointments scheduled for the minor child and if
both parties do not attend, the party attending shall provide the other parent
any information received after the appointment. If one parent receives
medical information pertaining to the minor child that is not otherwise
accessible on an electronic portal, the parent receiving the information shall
provide a copy to the other parent. Information regarding scheduled
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appointments or changes to the same shall be emailed to the other parent in
a separate email with no other topics and the header that includes the word
“Appointment”.
Child’s Activities and School. The parent on duty with the child shall be
responsible for taking the child to all scheduled activities, appointments and
ensure all homework is completed.
Transportation. The parent who is scheduled to commence parenting time
shall pick up the child at the scheduled start time. Pick up and drop offs
should occur in the driveway or curbside of the parent’s home.
Reasonable Telephone Contact. Each party shall maintain an operable
answering machine/voicemail and text messaging system so that the child
can leave and receive the other parent’s messages. The child may telephone
or message the other parent when the child requests or a reasonable time
thereafter . Ifa message is left from the parent for the child, the other parent
shall assist the child in returning the call within a reasonable amount of time.
Reasonable times to call the child at the other parent’s home are between
8:00 a.m. and 8:00 p.m.
Promotion of Love and Affection. Each parent shall exert every
reasonable effort to maintain free access and unhampered contact and
communication between the child and the other parent. Each parent shall
refrain from words or conduct and shall discourage other persons from
uttering words or engaging in conduct, which would have a tendency to
estrange the child from the other parent, to damage the opinion of the child
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as to the other parent, or which would impair natural development of the
child’s love and respect for the other parent.
Parenting Style. Each parent shall honor the other’s parenting style,
privacy, and authority. Each parent will make ordinary day-to-day decisions
about the child while the child is with him or her. Neither parent shall
interfere in the parenting style of the other, nor shall either parent make
plans or arrangements that would impinge upon the other parent’s authority
or time with the child without the express agreement of the other. Each
parent shall encourage the child to discuss his or her grievance against a
parent directly with the parent in question. It is the intent of both parties to
encourage a direct parent-child bond and communication.
Information as to Welfare of Dependent Child. Each parent shall provide
the other parent promptly with receipt of any significant information
regarding the welfare of the child including physical and mental health,
performance in school, extracurricular activities, etc.
Neither Parent to Request Decisions by Child. Neither parent shall ask
the child to make decisions or requests involving the residential schedule.
Neither parent shall discuss the schedule with the child except for plans
which have already been agreed to by both parents in advance.
No Communication with Child as to Status of Support. Neither parent
shall advise the child of the status of child support payments or other legal
matters regarding the parents’ relationship.
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Neither Parent to Use Child for Information. Neither parent shall use the
child directly or indirectly to gather information about the other parent or
carry verbal messages to the other parent.
Avoiding Derogatory Comments. Neither parent shall make derogatory
comments about the other parent nor allow anyone else to do so in the
child’s presence. Neither parent shall allow or encourage the child to make
derogatory comments about the other parent. Neither parent shall compare
the child to the other parent in a negative way.
Daycare Arrangements. Unless agreed upon, each parent shall be
responsible for arranging workday daycare during their time. The off-duty
parent should be asked but if not available, it is the responsibility of the
parent exercising overnight time to arrange daycare for Drea during the day
attached to their overnight.
Bedtime. The parties shall try to be consistent with the child’s bedtimes.
Sick Care. If the child is ill, or if either party has other obligations during
their scheduled time with the child, it shall be the responsibility of that
parent to make arrangements for the care of the child. That parent shall
welcome the other parent to provide assistance, but if they are not available
during the scheduled time, it will be the responsibility of the “on-duty”
parent to make alternative arrangements for the child. The “on-duty” parent
shall recognize the child’s activity schedules and be supportive of the
child’s activities.
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Helping Child Observe Parent Celebrations. Petitioner shall assist the
child in remembering Respondent’s birthday and Father’s Day, and
Respondent shall assist the child in remember Petitioner’s birthday and
Mother’s Day.
Conflict Resolution. The parents shall appoint a parenting consultant
pursuant to the attached EXHIBIT 1, incorporated herein by reference.
4 CHILD SUPPORT.
Basic Support. Commencing September 1, 2023, as and for basic support,
Respondent shall pay to Petitioner the sum of $530.00 per month.
As long as Respondent’s parenting time increases as provided for on
January 1, 2023, at that time Respondent basic support obligation shall
automatically adjust to $324.
b. The parties agree that upon further expansion or modification of
parenting time during the initial appointment of the Parenting
Consultant, that if parenting time is modified that child support shall be
reviewed utilizing a de novo standard of review.
Child support shall until such time as Drea reaches the age of 18 years,
or is under age 20 years and attending secondary school, or dies, is
emancipated, or is otherwise self-supporting, whichever first occurs, at
which time child support shall terminate. Basic child support payments
shall be subject to cost-of-living increases.
d. Child Care Support. Child care support shall be reserved.
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5 HEALTH CARE COVERAGE AND DENTAL INSURANCE FOR MINOR
CHILD AND UNREIMBURSED EXPENSES. Each party shall make a contribution toward the
health care coverage and dental insurance premiums, and insured medical, dental, orthodontia,
mental health and optical expenses incurred for the minor child. The premium paid for the
dependent coverage shall be divided by the parties relative to their proportional share of income
(PICS). Respondent’s contribution to the medical insurance premium currently totals $113 per
month.
Respondent shall be responsible for 52% of the cost of the child’s medical and dental
insurance premiums, in addition to being responsible for paying 52% of any prescriptions, co-
pays, deductibles, dental, orthodontia, mental health or optical expenses (including corrective
lenses) of the child not covered by insurance. Petitioner shall be responsible for 48% of the cost
of the child’s medical and dental insura
Preview
27-FA-23-954 Filed in District Court State of Minnesota 10/11/2023 1:25 PM STATE OF MINNESOTA. DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT DISSOLUTION WITH CHILD In Re the Marriage of: Katy Ellen Drahos, STIPULATED FINDINGS OF FACT, CONCLUSIONS OF LAW, ORDER FOR Petitioner, JUDGMENT AND JUDGMENT AND DECREE and Court File No. 27-FA-23-954 Adam Robert Clawson, Respondent. This matter came before the Court for approval without hearing on pursuant to Minnesota Statute § 518.13. The parties reached an agreement on all matters. The parties entered into this Stipulated Judgment and Decree as their Marital Termination Agreement. The parties have read this Agreement, have given it serious thought and consideration, and understand its contents. This Agreement is fair, just, and equitable under the circumstances, and it has been made in aid of an orderly and just determination of the property settlement in this matter satisfactory to both parties. This Agreement is being entered into by the parties subsequent to the definite understanding between them that there can be no reconciliation. Subject to the terms hereof and subject to full compliance therewith, each of the parties in all respects, manners and things releases and fully discharges the other from any liability, claims or obligations of any kind or character, whether arising out of the marriage relationship or otherwise, and the terms hereof shall be deemed to constitute a full, final, and complete property Court File No. 27-FA-23-954 Stipulated Judgment and Decree Page 1 27-FA-23-954 Filed in District Court State of Minnesota 10/11/2023 1:25 PM settlement between the parties. Each party specifically affirms that they have fully disclosed all assets and liabilities that they are aware of. Neither party is aware of any additional assets or liabilities. NOW, THEREFORE, IT IS FURTHER STIPULATED THAT THE FACTS SET FORTH IN THE FINDINGS OF FACT BELOW ARE THE FACTS AGREED UPON BY THE PARTIES AND UPON WHICH THE PARTIES BASE THEIR AGREEMENT AND THAT THE CONCLUSIONS OF LAW SET FORTH BELOW CONSTITUTE THE AGREEMENT OF THE PARTIES. IT IS FURTHER STIPULATED THAT THE FINDINGS OF FACT AND CONCLUSIONS OF LAW SET FORTH BELOW BE INCORPORATED IN THE FINDINGS OF FACT, CONCLUSIONS OF LAW, ORDER FOR JUDGMENT, AND JUDGMENT AND DECREE. Based on the Agreement below, and having been fully advised in the premises, and upon the complete files, records, and proceedings herein, the Court makes the following as its Stipulated Findings of Fact, Conclusions of Law, Order for Judgment, and Judgment and Decree: FINDINGS OF FACT The parties’ names, addresses, birth dates and ages are as follows: Petitioner Name: Katy Ellen Drahos Previous Names: None Address: 4932 Mayview Road, Minnetonka, Minnesota 55345 Birth date and age: August 26, 1980; age 43 Respondent Name: Adam Robert Clawson Previous Names: None Address: 1505 5" Street N. Apt. 107, Hopkins, MN 55305 Birth date and age: March 17, 1981; age 42 Court File No. 27-FA-23-954 Stipulated Judgment and Decree Page 2 27-FA-23-954 Filed in District Court State of Minnesota 10/11/2023 1:25 PM The Social Security numbers of the parties and their minor child have been filed as confidential information. 2. Petitioner is represented in these proceedings by: Kerry Minnich, I.D. No. 0390078 13100 Wayzata Boulevard, Suite 320 Minnetonka, Minnesota 55305 Respondent is represented in these proceedings by: Amanda Bloomgren, I.D. No. 0386567 903 Mainstreet, Suite A Hopkins, Minnesota 55343 3 Petitioner has resided in Minnesota 180 days prior to commencement of this proceeding and was a resident of Hennepin County at the time of commencement of this proceeding. 4 The parties were married on July 3, 2016, in the City of Akeley, County of Hubbard, State of Minnesota, and ever since have been and still are married. 5 There has been an irretrievable breakdown of the marriage relationship between the parties. 6 No separate proceeding for dissolution or legal separation is pending in any court in this state or elsewhere, nor is the minor child of the parties under the jurisdiction of juvenile court in this state or elsewhere. 7. Neither party has been a member of the armed forces of the United States and has not been since the pendency of this proceeding. Accordingly, the Servicemembers Civil Relief Act of 2003 does not apply. 8 The parties have one (1) minor child of this marriage, namely: Drea Bear Clawson, born June 30, 2013, age 10. Court File No. 27-FA-23-954 Stipulated Judgment and Decree Page 3 27-FA-23-954 Filed in District Court State of Minnesota 10/11/2023 1:25 PM The parties were unmarried at the time of the child’s birth. The parties signed a Recognition of Parentage when the child was born. Custody and parenting time for the minor child has not yet been established. The parties have stipulated to the custody labels, the parenting time schedule, and the dispute resolution methods in the best interests of their minor child, the agreements set forth throughout this Judgment and Decree and in the attached exhibits. In reaching the agreements and stipulations contained herein, the parties were in dispute over what an appropriate parenting time schedule is for the minor child, what is the appropriate timeline for expansion of parenting time, if any, and what if any restrictions or conditions on parenting time are appropriate and in the child’s best interest. In order to resolve the matter and create stability and consistency for the minor child, the parties reach a stipulated agreement to appoint a Parenting Consultant to assist them with these disputes under the terms set forth herein. 9. Petitioner is not now pregnant. 10. Neither party nor the minor child in this proceeding are governed by a domestic abuse Order for Protection. 11. The parties have fully disclosed all of their income from employment and other sources as follows: Petitioner’s Income. Petitioner is employed by the Minnesota State Bar Association and has an average gross monthly income of $6,375.00. Petitioner’s income is sufficient to meet the monthly living expenses for Petitioner and the minor child when in Petitioner’s care. Court File No. 27-FA-23-954 Stipulated Judgment and Decree Page 4 27-FA-23-954 Filed in District Court State of Minnesota 10/11/2023 1:25 PM Petitioner is in good health, is self-supporting, is not in need of spousal maintenance, and waives the right to receive temporary or permanent spousal maintenance from Respondent. Respondent’s Income. Respondent is employed by Prodex Supply and has an average gross monthly income of $6,869.00. Respondent’s income is sufficient to meet the monthly living expenses for Respondent and the minor child when in Respondent’s care. Respondent is in good health, is self-supporting, is not in need of spousal maintenance, and waives the right to receive temporary or permanent spousal maintenance from Petitioner. Waiver of Maintenance. Pursuant to Minn. Stat. § 518.552, subd. 5, the parties have agreed that neither of them may return to the Court in the future to have the Court award any spousal maintenance and the Court shall have no jurisdiction in regard to the issue of spousal maintenance. The property settlement set forth below is consideration for both parties’ waiver of spousal maintenance, and said waiver is fair and equitable. Full disclosure of each party’s financial circumstances, including income, assets, and any other relevant information, has occurred. The Court has reviewed this agreement, finds it to be supported by sufficient consideration, and finds it to be fair and equitable. 12. Each party has fully disclosed to the other party all of his or her assets, including any and all assets which he or she has in the name of a third person but which is under his or her Court File No. 27-FA-23-954 Stipulated Judgment and Decree Page 5 27-FA-23-954 Filed in District Court State of Minnesota 10/11/2023 1:25 PM control, and of these assets, their current fair market values, and any liens or security interests disclosed by either party, are as follows: a Homestead. The parties are owners of a homestead located at 4932 Mayview Road, in the City of Minnetonka, County of Hennepin, State of Minnesota, legally described as follows: Lot 9, Block 3, Bellevue First Addition This property has a fair market value of approximately $565,000.00 with a current encumbrance in the approximate amount of $166,176.06. Respondent has a nonmarital interest in the parties’ homestead in the amount of $186,401.00. b. Pensions, IRAs, or other retirement benefits. The parties have an interest in the following retirement accounts or plans: 1 Petitioner’s ABA Retirement Funds, $10,661.71 as of December 31, 2022; iL Petitioner’s Securian 401(k) account #...7843, $30,204.64 as of December 31, 2022 subject to Petitioner’s nonmarital interest in the amount of $6,930.00; iii. Respondent’s UBS SEP #38, $107,702.53 as of December 31, 2022 subject to Respondent’s nonmarital interest in the amount of $67,763.00; and Iv. Respondent’s Fidelity Roth IRA #...3648, $21,867.62 as of December 31, 2022. Investment Accounts. The parties are owners of the following: Court File No. 27-FA-23-954 Stipulated Judgment and Decree Page 6 27-FA-23-954 Filed in District Court State of Minnesota 10/11/2023 1:25 PM Petitioner’s Ameriprise account #...8133 with a fair market value of $11,232.29 as of January 1, 2023 subject to Petitioner’s nonmarital interest in the amount of $11,232.29; il Petitioner’s E-Trade account #...1810 with a fair market value of $29,493.85 as of December 31, 2022; iii. Petitioner’s savings bonds with a fair market value of $10,400.00 as of February 5, 2023; and iv. Respondent’s Binance account #...7336 with a fair market value of $1,200.00 as of January 11, 2023. Vehicles. The parties are the owners of the following vehicles: i 2011 Honda CR-V titled in the name of Petitioner with a fair market value of $10,575.00; i, 2018 Rpod 189 Camper titled in the name of the parties’ and Petitioner’s parents with an agreed upon marital value of $7,500; €. Checking and Savings Accounts. The parties are owners of various checking, savings, and investment accounts as follows: 1 Petitioner’s 1 Mtka City Bank account #...2399, $10,809.94 as of December 29, 2022; i. Petitioner’s Capital One Savings account #...1, $2,720.00 as of January 1, 2023; iii. Petitioner’s Capital One Savings account #...7952, $49,513.01 as of January 1, 2023 subject to Petitioner’s nonmarital interest of $10,082.48; Court File No. 27-FA-23-954 Stipulated Judgment and Decree Page 7 27-FA-23-954 Filed in District Court State of Minnesota 10/11/2023 1:25 PM iv. Respondent’s 1 Mtka City Bank account #...9958, $14,194.88 as of December 27, 2022; and V. M’tonka savings account with no value. f. Personal Property. The parties are owners of miscellaneous personal property, household goods and furnishings, furniture, and appliances. 13 The parties have the following marital debts: Creditor Balance Petitioner’s Target #...4136 Credit Card (3/7/2023) $0.00 Petitioner’s Capital One #...0643 Credit Card $0.00 Joint Home Appraisal Costs (7/12/2023) $650.00 Total $650.00 14. NONJOINT CHILDREN. There are no nonjoint children of either party. 15. PARENTAL INCOME FOR DETERMINING CHILD SUPPORT. Based upon the parties’ respective gross incomes, the combined Parental Income for Determining Child Support (PICS) is $13,244.00. Petitioner’s percentage of the combined parental income is 48% and Respondent’s percentage of the combined parental income is 52%. 16. HEALTH AND DENTAL INSURANCE FOR MINOR Child. The parties have the following health and dental insurance available for the benefit of the minor child: a. Petitioner’s Insurance. Petitioner has health and dental insurance in place through employment at a cost of $218 per month for dependent health coverage. 17. HEALTH AND DENTAL INSURANCE FOR PARTIES. The parties each have available health and dental insurance through their respective employers. Court File No. 27-FA-23-954 Stipulated Judgment and Decree Page 8 27-FA-23-954 Filed in District Court State of Minnesota 10/11/2023 1:25 PM 18. PUBLIC ASSISTANCE. Neither party nor the minor child receive any form of public assistance as defined by Minn. Stat. §256.741. 19. JOINT MARITAL AGREEMENT AND DECREE. The parties agree that the foregoing Findings of Fact, Conclusions of Law incorporate the complete and full Marital Termination Agreement of the parties. Both parties have read the foregoing Marital Termination Agreement and have signed it with full knowledge of its contents, each acknowledges receipt of a copy of this Marital Termination Agreement, and each agrees that this agreement is fair, just, and equitable under the circumstances. CONCLUSIONS OF LAW 1 DISSOLUTION OF MARRIAGE. The bonds of matrimony existing between the parties are dissolved. 2. CUSTODY AND PARENTING TIME. The parties are awarded joint legal custody and joint physical custody of the minor child, Drea Bear Clawson, born June 30, 2013. The parties shall exercise parenting time under the following schedules: a. Regular Schedule: When the child starts school for the 2023-2024 school year, the parties shall begin exercising parenting time under the below schedule: Sunday Monday Tuesday Wednesday | Thursday Friday Saturday Mom Mom Mom Dad Mom Dad Dad Dad Mom Mom Dad Mom Mom Mom b Expanded Parenting Time. Beginning January 1, 2024, the parties shall begin exercising parenting time under the below expanded schedule: Court File No. 27-FA-23-954 Stipulated Judgment and Decree Page 9 27-FA-23-954 Filed in District Court State of Minnesota 10/11/2023 1:25 PM Sunday Monday Tuesday Wednesday Thursday Friday Saturday Mom Mom Mom Dad Mom Dad Dad Dad Mom Mom Dad Dad Mom Mom This expansion of Respondent’s parenting time shall occur unless the parties’ Parenting Consultant determines that expanding Respondent’s parenting time would be contrary to the child’s best interests at that time. Petitioner may ask the Parenting Consultant to determine if expansion of parenting time is in the minor child’s best interests if: Petitioner has reasonable concerns about Respondent’s sobriety that relate to the minor child’s best interests; il Respondent is not following the aftercare recommendations from his treatment providers and/or medical providers; iii Respondent is no longer engaged in therapy despite the recommendations of his therapist; IV. Respondent is not consistently exercising his parenting time; Respondent has not been attending all of the child’s parent- teacher conferences; or Vi Other concerns regarding the minor child’s health or well being. c Holiday Schedule: The parties shall exercise the following holiday parenting time schedule HOLIDAY PETITIONER RESPONDENT Court File No. 27-FA-23-954 Stipulated Judgment and Decree Page 10 27-FA-23-954 Filed in District Court State of Minnesota 10/11/2023 1:25 PM New Years Odd Years Even Years From 9am 12/31 to Spm 1/1 Easter and School Spring Even Years Odd Years Break Memorial Day Odd Years Even Years Friday-Monday July 4% Even Years Odd Years 9am until after fireworks Labor Day Odd Years Even Years Friday-Monday Thanksgiving Even Years Odd Years Thursday-Sunday Christmas Eve Every Year Never 10am 12/24 until 10 pm 12/24 Christmas Eve/Day Odd Years Even Years 10pm 12/24 until 10 am 12/25 Christmas Day 10 am 12/25 Never Every Year until 10 am 12/26 First Half Christmas 1“ half 2" half Break/New Years (10 am on 12/26 until 5 pm on 12/29) Second Half Christmas 2" half 1“ half Break/New Years (5 pm on 12/29 until 5 pm on 1/1) Mother’s Day Every Year Never 9 am on Sunday until 9 am or school the following day Father’s Day Never Every Year 9 am on Sunday until 9 am the following day Mother’s Birthday (08/26) Every Year Never 9 am on 8/26 until 9 am the following day Father’s Birthday (03/17) Never Every Year 9 am on 3/17 until 9 am/school the following da’ Child’s Birthday (6/30) Shared per agreement Shared per agreement Court File No. 27-FA-23-954 Stipulated Judgment and Decree Page 11 27-FA-23-954 Filed in District Court State of Minnesota 10/11/2023 1:25 PM Any holiday not listed above, is awarded to the party the child is with on that given day. Any holiday parenting time takes precedence over the regular or vacation parenting time unless otherwise agreed to, and vacation parenting time takes precedence over regular parenting time. 3. ADDITIONAL PROVISIONS. The parties shall abide by the following additional provisions: a Chemical Dependency Treatment. Respondent has completed voluntary chemical dependency treatment through Hazelden. Respondent is expected to follow aftercare instructions. Respondent shall share any and all aftercare instructions from the treatment center with Petitioner and the parties’ Parenting Consultant. Alcohol Monitoring. Regardless of any aftercare instructions provided. through 3(a) above, Respondent shall remain sober during his parenting time. Respondent shall be 100% responsible for BacTrac alcohol testing. Testing shall follow occur as follows: 1 A test will occur within a half hour of parenting time beginning; 2. Between 8-9 pm; 3. Between 7-8 am. Testing shall continue on this schedule until February 1, 2024 and the successful completion of treatment. After that point in time the testing schedule shall be modified as agreed upon by the parties or determined by the parenting consultant. Further Expansion of Parenting Time. No sooner than May 1, 2024, Respondent may request a further expansion of his regular parenting time Court File No. 27-FA-23-954 Stipulated Judgment and Decree Page 12 27-FA-23-954 Filed in District Court State of Minnesota 10/11/2023 1:25 PM schedule. If not agreed upon by the parties, the issue shall be determined by the parenting consultant based upon a best interest standard of review. Vacations/Extended Time. Each parent is entitled to a minimum of two (2) non-consecutive weeks of vacation or extended time per year with the child. The vacation should minimize interference with the other parent’s parenting time and should include the normal scheduled weekend when possible. Absent agreement, one consecutive week equals seven (7) days and shall not exceed more than ten (10) days away from the other parent. Each parent shall give a thirty-day advance written notice to the other parent of any vacation plans. A parent traveling out of state/country with the child shall provide the other parent with the location and emergency phone numbers. Special Event Days. Each party is entitled to four (4) days annually with the child for the purpose of special events such as weddings, funerals, graduations, family reunions and the like. The parent wishing to exercise a special event day or days shall provide the other parent with two (2) weeks’ notice, except for such events which do not permit a two-week notice, in which case reasonable notice is required. Miscellaneous Provisions. Both parents may attend school/daycare related and other extracurricular activities outside of school/daycare regardless of the parenting time schedule. Education. Each parent shall communicate with the child’s schools to remain informed about each child’s needs and progress and special events Court File No. 27-FA-23-954 Stipulated Judgment and Decree Page 13 27-FA-23-954 Filed in District Court State of Minnesota 10/11/2023 1:25 PM including parent-teacher conferences. They realize college or technical training is important and they will encourage and support each child’s efforts for further education. If a party receives information that was not communicated in a manner that allows receipt by the other parent (i.e. communication directly via email by a teacher to one parent versus through a portal or district/school wide communication or sent home in the child’s backpack), the parent receiving the information shall communicate it to the other parent. The parties shall copy one another on an emails or correspondence sent to the minor child’s teacher or administrators. Health Care. In emergencies, each parent consents to emergency medical treatment for the child as needed. Their intent is to take care of the medical emergency first and communicate with the other parent as soon as possible. Each has the right to the child’s medical information and records, and they shall communicate with each other on major health care for the child. Major decisions about health care will be made jointly by the parties. The parties shall cooperate to make joint medical decisions and any changes to routine medical care needed by the minor child. The parties shall inform one another of all medical appointments scheduled for the minor child and if both parties do not attend, the party attending shall provide the other parent any information received after the appointment. If one parent receives medical information pertaining to the minor child that is not otherwise accessible on an electronic portal, the parent receiving the information shall provide a copy to the other parent. Information regarding scheduled Court File No. 27-FA-23-954 Stipulated Judgment and Decree Page 14 27-FA-23-954 Filed in District Court State of Minnesota 10/11/2023 1:25 PM appointments or changes to the same shall be emailed to the other parent in a separate email with no other topics and the header that includes the word “Appointment”. Child’s Activities and School. The parent on duty with the child shall be responsible for taking the child to all scheduled activities, appointments and ensure all homework is completed. Transportation. The parent who is scheduled to commence parenting time shall pick up the child at the scheduled start time. Pick up and drop offs should occur in the driveway or curbside of the parent’s home. Reasonable Telephone Contact. Each party shall maintain an operable answering machine/voicemail and text messaging system so that the child can leave and receive the other parent’s messages. The child may telephone or message the other parent when the child requests or a reasonable time thereafter . Ifa message is left from the parent for the child, the other parent shall assist the child in returning the call within a reasonable amount of time. Reasonable times to call the child at the other parent’s home are between 8:00 a.m. and 8:00 p.m. Promotion of Love and Affection. Each parent shall exert every reasonable effort to maintain free access and unhampered contact and communication between the child and the other parent. Each parent shall refrain from words or conduct and shall discourage other persons from uttering words or engaging in conduct, which would have a tendency to estrange the child from the other parent, to damage the opinion of the child Court File No. 27-FA-23-954 Stipulated Judgment and Decree Page 15 27-FA-23-954 Filed in District Court State of Minnesota 10/11/2023 1:25 PM as to the other parent, or which would impair natural development of the child’s love and respect for the other parent. Parenting Style. Each parent shall honor the other’s parenting style, privacy, and authority. Each parent will make ordinary day-to-day decisions about the child while the child is with him or her. Neither parent shall interfere in the parenting style of the other, nor shall either parent make plans or arrangements that would impinge upon the other parent’s authority or time with the child without the express agreement of the other. Each parent shall encourage the child to discuss his or her grievance against a parent directly with the parent in question. It is the intent of both parties to encourage a direct parent-child bond and communication. Information as to Welfare of Dependent Child. Each parent shall provide the other parent promptly with receipt of any significant information regarding the welfare of the child including physical and mental health, performance in school, extracurricular activities, etc. Neither Parent to Request Decisions by Child. Neither parent shall ask the child to make decisions or requests involving the residential schedule. Neither parent shall discuss the schedule with the child except for plans which have already been agreed to by both parents in advance. No Communication with Child as to Status of Support. Neither parent shall advise the child of the status of child support payments or other legal matters regarding the parents’ relationship. Court File No. 27-FA-23-954 Stipulated Judgment and Decree Page 16 27-FA-23-954 Filed in District Court State of Minnesota 10/11/2023 1:25 PM Neither Parent to Use Child for Information. Neither parent shall use the child directly or indirectly to gather information about the other parent or carry verbal messages to the other parent. Avoiding Derogatory Comments. Neither parent shall make derogatory comments about the other parent nor allow anyone else to do so in the child’s presence. Neither parent shall allow or encourage the child to make derogatory comments about the other parent. Neither parent shall compare the child to the other parent in a negative way. Daycare Arrangements. Unless agreed upon, each parent shall be responsible for arranging workday daycare during their time. The off-duty parent should be asked but if not available, it is the responsibility of the parent exercising overnight time to arrange daycare for Drea during the day attached to their overnight. Bedtime. The parties shall try to be consistent with the child’s bedtimes. Sick Care. If the child is ill, or if either party has other obligations during their scheduled time with the child, it shall be the responsibility of that parent to make arrangements for the care of the child. That parent shall welcome the other parent to provide assistance, but if they are not available during the scheduled time, it will be the responsibility of the “on-duty” parent to make alternative arrangements for the child. The “on-duty” parent shall recognize the child’s activity schedules and be supportive of the child’s activities. Court File No. 27-FA-23-954 Stipulated Judgment and Decree Page 17 27-FA-23-954 Filed in District Court State of Minnesota 10/11/2023 1:25 PM Helping Child Observe Parent Celebrations. Petitioner shall assist the child in remembering Respondent’s birthday and Father’s Day, and Respondent shall assist the child in remember Petitioner’s birthday and Mother’s Day. Conflict Resolution. The parents shall appoint a parenting consultant pursuant to the attached EXHIBIT 1, incorporated herein by reference. 4 CHILD SUPPORT. Basic Support. Commencing September 1, 2023, as and for basic support, Respondent shall pay to Petitioner the sum of $530.00 per month. As long as Respondent’s parenting time increases as provided for on January 1, 2023, at that time Respondent basic support obligation shall automatically adjust to $324. b. The parties agree that upon further expansion or modification of parenting time during the initial appointment of the Parenting Consultant, that if parenting time is modified that child support shall be reviewed utilizing a de novo standard of review. Child support shall until such time as Drea reaches the age of 18 years, or is under age 20 years and attending secondary school, or dies, is emancipated, or is otherwise self-supporting, whichever first occurs, at which time child support shall terminate. Basic child support payments shall be subject to cost-of-living increases. d. Child Care Support. Child care support shall be reserved. Court File No. 27-FA-23-954 Stipulated Judgment and Decree Page 18 27-FA-23-954 Filed in District Court State of Minnesota 10/11/2023 1:25 PM 5 HEALTH CARE COVERAGE AND DENTAL INSURANCE FOR MINOR CHILD AND UNREIMBURSED EXPENSES. Each party shall make a contribution toward the health care coverage and dental insurance premiums, and insured medical, dental, orthodontia, mental health and optical expenses incurred for the minor child. The premium paid for the dependent coverage shall be divided by the parties relative to their proportional share of income (PICS). Respondent’s contribution to the medical insurance premium currently totals $113 per month. Respondent shall be responsible for 52% of the cost of the child’s medical and dental insurance premiums, in addition to being responsible for paying 52% of any prescriptions, co- pays, deductibles, dental, orthodontia, mental health or optical expenses (including corrective lenses) of the child not covered by insurance. Petitioner shall be responsible for 48% of the cost of the child’s medical and dental insura