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Filed in District Court
State of Mmnesota
May 4 2023 3:55 PM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF CHISAGO TENTH JUDICIAL DISTRICT
FAMILY COURT DIVISION
In Re the Matter of:
Dylan Bryant Witte,
Petitioner,
STIPULATION FOR ORDER
and AND ORDER
Haley Mae Larson-Taylor, Court File No. 13-FA-23-26
Respondent.
WHEREAS Petitioner (hereinafter, “Father”) is represented in these proceedings by
Michael G. Cain, Esq., Arnold & Rodman, P.A., 2626 E 82™ Street, Suite 355,
Bloomington, Minnesota 55425;
WHEREAS Respondent (hereinafter, “Mother”) is pro se in these proceedings and,
with full knowledge of her right to be represented by legal counsel, has voluntarily waived
that right for the purposes of this agreement, per the attached Waiver of Counsel;
WHEREAS the parties participated in a Social Early Neutral Evaluation with Susan
Johnson, MA, LMFT, and Robert Hyland, JD, MSW, of Regroup Mediation on April 18,
2023:
WHEREAS the parties have reached a full agreement on all outstanding issues, as
reflected in the Social Early Neutral Evaluation Provider's Report (Index #19) and ENE
Memorandum of Custody and Parenting Time Agreement (Index #20), the terms of which
are set forth below.
Now, therefore, the parties pray that the Court issue an Order incorporating the
terms of their Stipulation as follows:
ORDER
1 Physical Custody. The parties shall share joint physical custody of their minor
children, Cymphamae Witte-Larson, date of birth March 8, 2021, and Juawana Witte-
Larson, date of birth January 25, 2022.
2. Legal Custody. The parties shall share joint legal custody of their minor children,
Cymphamae Witte-Larson, date of birth March 8, 2021, and Juawana Witte-Larson, date
of birth January 25, 2022.
3 Parenting Time. The parties shall share parenting time equally with Mother having
parenting time every Monday through Thursday and Father having parenting time every
Thursday through Sunday, unless mutually agreed otherwise. The on-duty parent shall be
responsible for all aspects of the children’s care, unless mutually agreed otherwise. If a
parent is unable to exercise their on-duty parenting time, they will give the other parent at
least 48-hour notice in advance.
4 Holiday Parenting Time. Unless mutually agreed otherwise, the parties will
alternate holidays as follows:
HOLIDAY EVEN YEARS ODD YEARS
Easter (Spm Saturday to Spm Sunday) Mother Father
Memorial Day Weekend (Spm Fri. to 10am Tues.) Father Mother
4th of July (12pm on 7/4 to 12pm on 7/5) Mother Father
Labor Day Weekend (5pm Fri. to 10am Tues.) Father Mother
Thanksgiving (12pm-6pm) Mother Father
Christmas Eve: (10am 12/24—10am 12/25) Father Mother
Christmas Day: (10am 12/25—10am 12/26) Mother Father
Mother’s Day (Spm Saturday to 5pm Sunday) Mother Mother
Father’s Day (Spm Saturday to 5pm Sunday) Father Father
Any holiday not listed above, is awarded to the party the [child][children] [is][are] 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.
5 Vacation Parenting Time. Each party is entitled to two non-consecutive weeks of
vacation parenting time each year with 30 days advance written notice to the other parent.
6 Mediation. The parties shall participate in mediation before bringing any future
disagreements to the Court.
7 Appendix A is attached hereto and incorporated herein by reference.
8 Service of a copy of the Stipulation for Order and Order herein may be made upon
Mother via e-mail and U.S. Mail in lieu of personal service.
IT IS SO RECOMMENDED.
DATED:
Referee of District Court
IT IS SO ORDERED.
BY THE COURT. Trevino, Catherine
DATED:
ho (Judge)
2023.05.04
12:41:36 -05'00'
Judge of District Court
APPROVED AS TO FORM AND CONTENT:
The parties acknowledge that each of them has read the foregoing terms and requests that
the Court enter its Stipulation for Order and Order and putting said terms into effect. We
declare under penalty of perjury that everything we have stated in this document is true and
correct. Minn. Stat. § 358.116.
/S/ Dylan Witte /S/ Haley Larson Taylor
Dylan Witte Haley Larson-Taylor
Petitioner/Father Respondent/Mother
Date: 5/3/2023 Date:
5/2/2023
Chisago County, Minnesota Ramsey county, mn
County and State where signed County and State where signed
APPROVE AS TO FORM:
ARNOLD & RODMAN, PA
By: Jee fe
Michael Cain, Esq. (#0400027)
Attorney for Petitioner/Father
2626 East 82"Street, Suite 355
Bloomington, MN 55425
Telephone: (952) 955-8008
E-mail: mcain@arnoldrodman.com
WAIVER OF RIGHT TO COUNSEL
I, Haley Larson-Taylor acknowledge that I understand that I have a right to be represented
by counsel of my choice. I understand that Arnold & Rodman, PA, does not represent me.
Tam of sound mind and I have freely and voluntarily chosen to represent myself and hereby
waive my right to be represented by counsel for the purpose of the foregoing Joint Petition,
Agreement, and Judgment and Decree.
I declare under penalty of perjury that everything I have stated in this document is
true and correct. Minn. Stat. § 358.116.
/S/ Haley Larson Taylor
Haley Larson-Taylor, Respondent/Mother
APPENDIX A
NOTICE IS HEREBY GIVEN TO THE PARTIES:
I. PAYMENTS TO PUBLIC AGENCY. According to Minnesota Statutes, section 518A.50, payments ordered
for maintenance and support must be paid to the Minnesota child support payment center as long as the person entitled to
receive the payments is receiving or has applied for public assistance or has applied for support and maintenance collection
services. Parents mail payments to: P.O. Box 64326, St. Paul,MN 55164-0326. Employers mail payments to: P.O. Box
64306, St. Paul, MN 55164.
I DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS — A FELONY. A person may be
charged with a felony who conceals a minor child or takes, obtains, retains, or fails to retum a minor child from or to the
child's parent (or person with custodial or parenting time rights), according to Minnesota Statutes, section 609.26. A copy of
that section is available from any court administrator.
Ill. NONSUPPORT OF A SPOUSE OR CHILD - CRIMINAL PENALTIES. A person who fails to pay
court-ordered child support or maintenance may be charged with a crime, which may include misdemeanor, gross
misdemeanor, or felony charges, according to Minnesota Statutes, section 609.375. A copy of that section is available from
any district court clerk.
IV. RULES OF SUPPORT, MAINTENANCE, PARENTING TIME.
A Payment of support or spousal maintenance is to be as ordered, and the giving of gifts or making purchases of food,
clothing, and the like will not fulfill the obligation.
B. Payment of support must be made as it becomes due, and failure to secure or denial of parenting time is NOT an
excuse for nonpayment, but the aggrieved party must seek relief through a proper motion filed with the court.
Nonpayment of support is not grounds to deny parenting time. The party entitled to receive support may apply
for support and collection services, file a contempt motion, or obtain a judgment as provided in Minnesota
Statutes, section 548.091.
The payment of support or spousal maintenance takes priority over payment of debts and other obligations.
A party who accepts additional obligations of support does so with the full knowledge of the party's prior obligation
under this proceeding.
Child support or maintenance is based on annual income, and it is the responsibility of a person with seasonal
employment to budget income so that payments are made throughout the year as ordered.
A Parental Guide to Making Child-Focused Parenting Time Decisions is available from any court administrator.
The nonpayment of support may be enforced through the denial of student grants; interception of state and federal
tax refunds; suspension of driver's, recreational, and occupational licenses; referral to the department of revenue or
private collection agencies; seizure of assets, including bank accounts and other assets held by financial institutions;
reporting to credit bureaus; income withholding, and contempt proceedings; and other enforcement methods allowed
by law.
The public authority may suspend or resume collection of the amount allocated for child care expenses if the
conditions of Minnesota Statutes, section 518A.40, subdivision 4, are met.
The public authority may remove or resume a medical support offset if the conditions of section S18A.41,
subdivision 16, are met.
V. MODIFYING CHILD SUPPORT. Ifeither the obligor or obligee is laid off from employmentor receives a
pay reduction, child support may be modified, increased, or decreased. Any modification will only take effect when it is
ordered by the court, and will only relate back to the time that a motion is filed. Either the obligor or obligee may file a
motion to modify child support, and may request the public agency forhelp. UNTIL A MOTION IS FILED, THE CHILD
SUPPORT OBLIGATION WILL CONTINUE AT THE CURRENT LEVEL. THE COURT IS NOT PERMITTED TO
REDUCE SUPPORT RETROACTIVELY.
Vi. PARENTAL RIGHTS FROM MINNESOTA STATUTES, SECTION 518.17, SUBDIVISION 3.
UNLESS OTHERWISE PROVIDED BY THE COURT:
A Each party has the right of access to, and to receive copies of, school, medical, dental, religious training, police
reports, and other important records and information about the minor children, Each party has the right of access to
information regarding health or dental insurance available to the minor children, Presentation of a copy of this order
to the custodian of a record or other information about the minor children constitutes ufficient authorization for the
release of the record or information to the requesting party.
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Each party has the right to be informed by the other party as to the name and address of the school of attendance of
the minor children, Each party has the right to be informed by school officials about the children's welfare,
educational progress and status, and to attend school and parent teacher conferences. The school is not required to
hold a separate conference for each party.
Each party has the right to be notified by the other party ofan accident or serious illness of a minor child, including
the name of the health care provider and the place of treatment.
Each party has the right to be notified by the other party if the minor child is the victim of an alleged crime,
including the name of the investigating law enforcement officer oragency. There is no duty to notify if the party to
be notified is the alleged perpetrator.
Each party has the right of reasonable access and telephone contact with the minor children,
VI WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE. Child support and / or
spousal maintenance may be withheld from income, with or without notice to the person obligated to pay, when the
conditions of Minnesota Statutes, section 5184.53, have been met. A copy of that section is available from any court
administrator.
VIII. CHANGE OF ADDRESS OR RESIDENCE. Unless otherwise ordered, each party shall notify the other
party, the court, and the public authority responsible for collection, ifapplicable, of the following information within ten days
of any change: residential and mailing address, telephone number, driver's license number, social security number, and name,
address, and telephone number of the employer.
IX. COST OF LIVING INCREASE OF SUPPORT AND MAINTENANCE. Basic support and / or spousal
maintenance may be adjusted every two years based upon a change in the cost of living (using the U.S. Department of Labor,
Bureau of Labor Statistics, consumer price index Mpls. St. Paul, for all urban consumers (CPI-U), unless otherwise specified
in this order) when the conditions of Minnesota Statutes, section 518A.75, are met. Cost of living increases are
compounded. A copy of Minnesota Statutes, section 518A.75, and forms necessary to request or contest a cost of living
increase are available from any court administrator.
X. JUDGMENTS FOR UNPAID SUPPORT. Ifa person fails to make a child support payment, the payment
owed becomes a judgment against the person responsible to make the payment by operation of law on or after the date the
payment is due, and the person entitled to receive the paymentor the public agency may obtain entry anddocketing of the
judgment out notice to the person responsible to make the payment,
XI. JUDGMENTS FOR UNPAID MAINTENANCE.
A A judgment for unpaid spousal maintenance may be entered and docketed when the conditions of Minnesota
Statutes, section 548.091, are met, A copy of that section is available from any court administrator.
The public authority is not responsible for calculating interest on any judgment for unpaid spousal maintenance.
When providing services in IV-D cases, as defined in Minnesota Statutes, section 518A.26, subdivision 10, the
public authority will only collect interest on spousal maintenance if spousal maintenance is reduced to a sum certain
judgment.
XII ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD SUPPORT. A.
judgment for attorney fees and other collection costs incurred in enforcing a child support order will be entered against the
person responsible to pay support when the conditions of Minnesota Statutes, section 518A.735, are met. A copy of that
section and forms necessary to request or contest these attorney fees and collection costs are available from any court
administrator.
XII. PARENTING TIME EXPEDITOR PROCESS. On request of either party or on its own motion, the court
may appoint a parenting time expeditor to resolve parenting time disputes under Minnesota Statutes, section 518.1751. A
copy of that section and a description of the expeditor process is available from any court administrator.
XIV. PARENTING TIME REMEDIES AND PENALTIES. Remedies and penalties for wrongful denial of
parenting time are available under Minnesota Statutes, section 518.175, subdivision 6. These include compensatory
parenting time; civil penalties; bond requirements; contempt; and reversal of custody. A copy of that subdivision and forms
for requesting relief are available from any court administrator.
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In addition to the Notices on pages 1 and 2, the following NOTICE applies to all orders addressing custody pursuant
to Minn, Stat. § 518.17, subd. 3a.
NOTICE
EACH PARTY IS GRANTED THE FOLLOWING RIGHTS:
1 Right of access to, and to receive copies of, school, medical, dental, religious training, police reports, and other
important records and information about the minor children.
2. Right of access to information regarding health or dental insurance available to the minor children,
3 Right to be informed by the other party as to the name and address of the school of attendance of the minor children,
4, Right to be informed by school officials about the children’s welfare, educational progress and status, and to attend
school and parent-teacher conferences. The school is not required to hold a separate conference for each party,
unless attending the same conference would result in violation of a court order prohibiting contact with a party.
Right to be notified by the other party of an accident or serious illness of a minor child, including the name of the
health care provider and the place of treatment.
Right to be notified by the other party if the minor child is the victim ofan alleged crime, including the name of the
investigating law enforcement officer or agency. There is no duty to notify if the party to be notified is the alleged
perpetrator.
Right to reasonable access and telephone or other electronic contact with the minor children.
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