Preview
Filed
5/3/2017 12:02:06 PM
Annie Rebecca Elliott
x District Clerk
Fort Bend County, Texas
Kathleen Geuea
NO. 16-DCV-232,757
MEM TTER OF
RRIAGE OF
IN THE DISTRICT COURT
(TUL KUMAR GU
328TH JUDICIAL DISTRICT
BH
AND TI INT! RY
HI FORT BEND COUNTY, TEXAS
AG! Rg D FINAL DECREE OF DIVORCE
On this day the € eard t] case.
Appearances
Petitioner, ATUL KUI ppeared in person.and through attorney of record,
Ronald C. Muller, and annouwi igreement.
Respondent, VIBHA JAIN, has mad eral appearance d has agreed to' the terms of
this judgment to the ‘extent. permitted\b aw, as ideneéd by Ri ndent's signature below
along with her attorney’s signature, Christine Thrash.
Record
The making of a record of ‘testimony was fived by farties ¥ the consent of the
Court.
Jurisdiction and Domicile
as
The Court finds that the pleadings of Petitioner are in du mand Ofitain the
allegations, information, and prerequisites required by law: The Court, ai idence,
finds that it has jurisdiction of this case and of all.the parties and that at\le have
elapsed since the date the suit was filed.
oe Page] of46
ie oo = 282781 Gupta v. Jain
Final Decree of Divorce.
wae Judgment
ROUTED TO COURT MAY
RTD TO D. CLERK
iAMA
ort further finds that, at the time this suit was filed, Petitioner had been a
do ry of Texas for the preceding six-month period and a resident. of the county in which
is suit was filed fort preceding ninety-day period. All persons entitled to citation were
properly cited,
Jury
A jury was ed, d questions of fact and of law. were submitted to the Court.
Agreement 0 ‘arties
The Court finds‘th the. part have entered into a written agreement as contained in this
decree by virtue of Having, appro ed this decree as to both form and substance. To the. extent
permitted by law, the parties|stipulate thy gt ment is enforceable as.a contract. The Court
approves the agreement of the parties as contained Decree. of Divorce,
The agreements in this Final Decry Divorc8 d pursuant to the informal
settlement process as evidenced by the Ril e 11 Agi 2d wit the Court on February 21,
2017. This Final Decree of Divorce is sti ed to rep nt’a merger of this. agreement
between the parties. To the extent there exist any diff ices bel Rule 11, Agréement
and. this Final Decree of Divorce, this Final Decree of Divo, | contro all instances.
Divorce ©
IT IS ORDERED AND. DECREED that ATUL GU, Py ‘etitioner, and:
VIBHA JAIN, Respondent, are divorced and that the marriage bet hém
is di de the
ground of insupportability.
Child of the Marriage
The Court finds that Petitioner and Respondent are the parents of the follow gthild:
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-Guptay. Jain
Final_Decree of Divorce
Birth date:
Home state:
Social Secy ber:
inds no other:children of the marriage are expected.
Parenting Plan
The finds that the ovisions in this decree relating to the rights and duties of the
parties with relation. to hild, possession of and access to the child, child support, and
optimizing the develop ent 0; clo ontinuing relationship between each party and the
child-constitute the parties' ag d parenting |pl:
Conservatorship
The Court, having considered the circun ness Of the p nts and of the child, finds that
the following orders are-in the best int ofthe child,
IT IS ORDERED that ATUL KUMAI RC PTA and V. San are appointed, Joint
Managing Conservators of the following child
IT IS ORDERED that, at all times, ATU RUM d VIBHA JAIN, as a
parent joint managing conservator, shall each have the follo g rights:
I the tight to receive information from mn other, conservato of the child
concerning the health, education, and welfare of the child;
the right to confer with the other parent to the exten ossible: before makinga
decision concerning the health, education, and welfare of the child;
3 the right of access to medical, dental; psychological, and ed ord of |
the child;
4. the right to consult with a physician, dentist, or psychologist of thethild
5. the right. to consult with school officials concerning the child's w ind
educational status, including school activities;
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Final Decree of Divorce
the right'to attend school activities;
the right-to.be designated on the child's records. as a person to be notified in case
of an emergency;
é right to conserit. to medical, dental, and surgical treatment during an
genc’ volyi fig an immediate danger to the health.and safety of the child; and.
the ri, nage the estate of the child to the extent the estate has been created
by the parent or, nt's
IT Q RDERED tl ut all times, ATUL KUMAR GUPTA and VIBHA JAIN, as
parent joint managing ators each have the following duties:
1 the difty to fost the. oth er\conseryator of the child in a timely manner of
significant information conterfing the heal tf ducation, and welfare of the child
2 the duty to ‘the. other on: the child if the conservator resides
with for at least thirty days, tries, or intendsto ry ap on who the:conservator Kriows is
registered as a sex offender und apter 6 XAaS od of Criminal Procedure or is
currently charged with an offense for wh con ction the person would be required to
register under that chapter. IT IS.OR
Son
D that notice of this in Ormation shall be provided to
the other conservator of the child as s d0 as practicable, jot lat an the fortieth day after
the date the conservator. of the child begins to eside with the ps on-df on the tenth day after thé
date the marriage occurs, as appropriate. ORDER ED fat the notice must include a
description of the offense that is the basis of th person’ ent to register ds.a sex offender
or of the offense with which the person is chi ARNE A CONSERVATOR
COMMITS AN OFFENSE PUNISHABLE AS LA, CM DE
ANOR IF THE
CONSERVATOR FAILS TO PROVIDE THIS NOTICE;
3. the duty to inform the other conservator of the child if the‘consérvato: iblishes.
a residence with a person who the conservator knows is ‘t ubje t ofafi gtective order.
sought by an individual other than the conservator that is in off fecton\the d; tesidence with.
the person is established. IT IS ORDERED that notice of this inform: fall be provided to
the other conservator of the child.as soon as practicable, but riot late the thirtieth d after
the date. the conservator establishes residence with the person whos the t of the Yinal
us
protective order. WARNING: A CONSERVATOR COMMITS AN OFP UNISHABLE,
AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS T i
NOTICE;
4, the. duty to inform the other conservator of the child if the congeryator resides
with,.or allows unsupervised. access to a child by, a person who jis the subject of aVinal pro
order sought by. the coriservator after the expiration of sixty-day period following th the
final. protective order is issued. IT IS ORDERED that notice: of this informatid shall be
provided. to the other conservator of the child as.soon as practicable, but not ‘later than the
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Final Decree of Divorce
ninetieth er the date the final. protective order was issued. WARNING: A
CONSER ATOR COMMITS .AN OFFENSE PUNISHABLE AS. A CLASS C
SDE] -ANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE; and.
the duty.t6 Inform the other conservator of the child if the conservator is the
bject of a final protecti order issued after the date of the order éstablishing conservatorship.
ITS ORDERED“that notice of this information shall be provided to the other conservator of the
hild\a SOO pyaCticable, but not later than the thirtieth day after the date the final protective
order was RNING: A CONSERVATOR COMMITS AN OFFENSE
PUNISH LE AS: 'S C MISDEMEANOR IF THE CONSERVATOR FAILS TO
PROVIDE THIS»
ITI: RDERED tha} ing their respective periods of possession, ATUL KUMAR
GUPTA and VIBHA $ parent joint managing conservator, shall each have the following
rights and duties
1, the duty
of care! control, pro tion, and reasonable discipline of the child.
the duty to sujpoi child, inchiding providihg the child with clothing, food,
shelter, and medical and dental cat ot involvin sive procedure;
the right to consent for fild to med d\denital care not involving, an:
invasive procedure; and
the right to direct the moral and gious. train; fthe child.
IT IS ORDERED that ATUL KUMAR GUP wid VIBHA JAIN, :as a parent joint
managing conservator, shall each have the followingfights id du
1 the right, subject to the agreement of the other parent conservator, ent to
medical, dental, and surgical treatment-involving invasive procedures. but inthe ev parents
cannot reach an agreement, then the parent shall follow e FECommend; of the child’:
primary care physician
the right, subject to the agreement of the other p Nt conser ator, to to
psychiatric and psychological treatment of the child but in the event the pat ents cahnot reach ‘an,
agreement, then the parent shall follow the recommendation of the cl prim ary) cafe:
physician;
3 the right, subject to the agreement of the other parent conservator; O represent th
child in legal action and to make other decisions of substantial legal significanc encerni
child
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Final. Dectee of Divorce
the right, subject to. the agreement of the. other parent. conservator, to consent to
maj lage d to enlistment in the armed forces of the United States;
except a provided by section 264.0111 of the Texas Family Code, the right,
bject to the agree: it e other parent conservator, to the services and earnings of the child
6 éxcept-when a guardian of the child's estate or a guardian or attorney ad litem, has
been appointed for the chi , the right, subject to the agreement of the other’ parent conservator,
to act-as-at agent of th ld in relation to the child's estate if the child's action is required by a.
state, the United Ste eign government; and
duty, subjeo the agreement of the other-parent conservator, to manage the
estate of the ild to the the estate has been created by. community property or the: joint
property of the parent.
IT IS ORD! RED that/A’ R GUPTA, as a parent joint managing conservator,
Shall have the following right:
1 the exclusive \ig) CSI fate “tl idence of the child within Fort
Bend -County, Texas and contigne ities th
2, the exclusive right, after ig VIBHA INO intended decision prior to
making the decision, to make decision ming t dducai Smad
the exclusive right to receiv give receyp periodic. payments for the
support of the child and to hold or disburset! unds for efit of the child.
Geographical Restriction
‘The Court finds that, in accordance with section | 061 ofthe Tex Family Code, it is
the public policy of Texas to assure that children will hav! quent and cd itinujrg co +t: with
parents who have shown. the ability to act in the best intere thie ch & provide a safe,
stable, and nonviolent environment for the child, and to encourage or (2)
further order-of the Court.
7. Claims - Except as provided in this paragraph, the. party who is not yirig the
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health ice policy covering ‘the child is. ORDERED to furnish to ‘the party carrying the
within fifteen days of receiving them, all forms, receipts, bills, and statements reflecting
¢ health-care expe @ party not carrying the policy incurs. on béhalf of the child. In
Ordanice. ction 1204.251 and 1504.055(a) of ‘the Texas Insurance Code, IT IS
ORD} that the p ho is not carrying the health insurance policy covering the child, at
that party's, op on, of others .althorized by law, may file any claims for health-care expenses
directly with the insuranc: rijér with, and from whom coverage is provided for the benefit of
the child and receive p ment s directly from the insurance company. Further, for the sold
purpose of section. 1204.2; of the Texas 1 hsurance Code, VIBHA JAIN is designated the
managing conservator or pogseg sory con: ‘atorOo}
The party who is carrying'th th ins olicy Covering the child'is ORDERED to,
submit all forms required by the insur: empany fo ent oP reimbursement of health:
caré expenses incurred by either party on beh ofthe child to Se
t Rasuahos Carrier within
fifteen days of that party's.receiving any form: receipt, bil] fement reflecting the expenses.
Constructive Trust for Payments Ri ed - ITS ORDE! RED that any insurance,
payments received by a party from the health insurance carrie as reimbur: ent: for Hi lth-care!
expenses incurred by or on behalf of the child shall belon; to\the party who'pai se experises
IT IS FURTHER ORDERED that the party receiving the insurance p: is designated a
constructive trustee to receive any insurance checks or paymerits Ith-s expenses p aid
by the other party, and the party. carrying the policy shall endorse and {fo eCKS OT
paymients, along with afy explanation of benefits received, tothe. otherp ithin fee d fys of |
receiving them.
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WARNING - A PARENT ORDERED TO PROVIDE HEALTH
ICE OR TO PAY THE OTHER PARENT ADDITIONAL CHILD SUPPORT
OR THE COST O TH INSURANCE WHO FAILS TO DO SO IS LIABLE FOR
DICAL EXPENSES OF THE CHILD, WITHOUT REGARD TO
R THE SS WOULD HAVE BEEN PAID IF HEALTH INSURANCE
HAD BEE! OVIDED,. D FOR THE COST OF HEALTH INSURANCE
PREMIUMS OR CONT! RY TONS, IF ANY, PAID ON BEHALF OF THE CHILD.
10. Notie plo: --On thisdate a Medical Support Notice was authorized to be
issued by the Court. For the purpose of seq tio) 1169 of title 29 of the United States Code, the
party not carrying the healtt surance polit 18S Geslg ¢ custodial parent and alternate
recipient's representative.
11. Miscellaneous Health Care ovisions -
Each parent will deliver the medications 9 hild to th Soe parent at the beginning
of the other parent's parenting time, unless the. edication been divided by the pharmacist:
into two containers that provide appropriate dosag nd q cover the time with.
each parent or unless two prescriptions can be obtained.
Each parent will inform the other of regular health-care apy pointmeénts vance, and
both may attend.
Miscellaneous Child Support Provisions
No Credit for Informal Payments
IT IS ORDERED that the child support as prescribed in this decree
discharged in the manner ordered and.that any direct payments made by VIBHA
Lee YA
Kel
to
‘ively
KUMAR GUPTA or any expenditures incurred by VIBHA JAIN during. VIBHA JAIN periods.
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Final Decree of Divorce
of po; of or access. to the child, as prescribed in this decree, for food, clothing, gifts,
(shelter, or entertainment-are deemed in addition to and not in lieu of the support ordered
this decree.
Suppe O bligation of Est
S ORD RI it the provisions for child support. in this decree shall be an
obligation of, tate of VIB JAIN and ‘shall not terminate on the death of VIBHA JAIN.
Payments received for theb it. of the child, including payments from the Social Securi
Administration, Dep nent of Veterans ffairs or other governmental agency or life insurance
proceeds, annuity payment » tod istributibng, or retirethent survivor benefits, shall be a credit
against this obligation. An| emaining lance of t pport is an obligation of VIBHA.
JAIN's estate.
Termination of Orders on | em art So ceran ith of Obi. ce
The provisions of this decree relating to ou Child support imiiiate-on the remarriage
of ATUL KUMAR GUPTA to VIBHA JA less a pefit.or agency has. been appointed
conservator of the child under chapter 153 of the Te ‘amit: ebligation to pay child
support under this decree does not terminate on. the de of ATUL MAR a but:
continues as an obligation to VIHAN GUPTA.
Medical Notification
Each party is ORDERED to inform the other party wit hor of any medical
condition of the child requiring surgical intervention, hospitalization, or bo
Information Regarding Parties
The information required for each party by section 105.006(a) of the Tex: ‘amily, Code:
is as follows:
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Final Decree of Divorce
Name; ATUL KUMA! Jp
fal ecurity number:
vet's license number:
nt residence addre
ailing address
Home telephon: ‘umber:
Cc el one. be)
me of employer: Capco Energy Solutions
Address of employme' 0375 Richmond Avenue #700, Houston, Texas 77042
Work .telephone nu 3-350-1000
Email: kg@gmail.com,
Natne: HA JAIN
Social. Security numbey
Driver's license numb
Current residence add ‘ess:
Mailing address:
Home telephone nuniber:
Cell phone number:
Name of employer:
Address of employment: RS713-356-6196
orton 800 , Houston, Texas 77002
Work telephone numiber:
Email: vibha.bits08@ grfiailcor
Required Notices
EACH PERSON WHO IS A PAR Y TO ORDER IS ORDERED TO
NOTIFY EACH OTHER PARTY, THE COURT, ATE
A CASE REGISTRY
OF ANY CHANGE IN THE PARTY'S ‘SID DRESS, MAILING
ADDRESS, HOME TELEPHONE NUMBER, AME (0 PLO » ADDRESS OF;
EMPLOYMENT, DRIVER'S LICENSE NUMBER AND. WO TEL HONE
NUMBER, THE PARTY IS ORDERED TO. GIN NOTICE. Q AN I ED
CHANGE IN.ANY OF THE REQUIRED INFORMAT TO EA R PARTY,
THE, COURT, AND THE STATE CASE REGISTRY 0} OR 60TH DAY
BEFORE THE INTENDED CHANGE. IF THE PARTY DO OR COULD
NOT HAVE KNOWN OF THE CHANGE IN SUFFICIENT 'O PR 1p 60-
DAY NOTICE, THE PARTY IS ORDERED TO GIVE NOTI iF THE CHAN ON
OR BEFORE THE FIFTH DAY AFTER THE DATE THAT THE PAR’
P-2. All household furniture, furnishings, fixtures, goods, art obje collectit
appliances, and equipment in the possession of Petitioner or subject to his sole control
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Final Decree of Divorce
All clothing, jewelry, and other personal effects in the possession. of Petitioner or
t-to his sole control.
P-4 All so ef cash in the possession of Petitioner or subject to his sole control,
ding deposit, together with accrued but unpaid interest, in banks, savings
institutions, or othe institutions, which accounts stand in Petitioner’s sole name or
from which orfer has the' right to withdraw funds or which are subject to Petitioner’s
sole.control, including th owing accounts.
a.) < end) Personal Account (India)
b) I Cl— ¢ din| Home Maintenance Account (India)
P-5. All sums of ca; on deposit, together with accrued but unpaid interest,
in the following banks, savings if Otionss or oth Cl tutions:
a.) American Expréss — end figh Yield Savings Account
b.) Bank of America dvansed Tiered Checking
¢.) Bank of America— sular igs.
d.), Banik of America— endin| Ing
e.) Bank of America —endin| at Savings
f.) Wage Works p Care Flex Spending Account
g.) Bank of America — endin| eal gs-Account
This provision does not waive Wife’s ay rd in Percent Q %) of the account
balatices of said accounts.more particularly described here below under egtion RK
P-6, Save and except the portion awarded to Wife tion in below, any’
remaining portion of ATUL KUMAR GUPTA's retirement bi in Fidel National.
Information Services, Inc. 401k Profit Sharing Plan arising out of AT CAR GUR
employment with Capco Energy. Solutions as of January 13, 2017, tog st,
dividends, gains, or losses on that.amount arising since that date and more partici defined it
a Qualified Domestic Relations.Order signed by the Court,
Pp.’ All policies. of fife insurance (including cash values) insuring Petitioner's life
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P-8 2016 Lexus RS 350 motor vehicle, vehicle identification number
€A1GC017944, together with all prepaid insurance, keys, and title documents.
Proper to Resp dent (Wife
IT IS ORD RED AND DECREED that Respondent, VIBHA JAIN, is awarded the
Sole and separate property, and Petitioner, ATUL KUMAR GUPTA, is divested
of all right, title, in im in and to that property:
R-1 household iture, furnishings, fixtures, goods, art objects, collectibles,
appliances, and equip 1. possession of Respondent or subject to her sole.contro].
R-2. All clothing; elry csother personal effects:in the possession of Respondent
or subject to. her sole contro
R-3, All sums of cas! nth po: SSIOTKO! pondent or subject to her sole control,
including funds on deposit, together witha ied\ bo d\interést, in banks, savings
institutions, or other financial institution: hich a d ii Respondents sole name or
from which Respondent has the sole rij gh ithdraw, ds or which are subject to
Respondent's sole control, including the following: or
c.) Bank of America ge
d.) Wells Fargo—enq (y2Save Savi
e.) Wells Fargo —end reryday Chi ne
R-4. Fifty percent (50%) of all sums. of cash nd unds on dep ogether with,
accrued but unpaid interest, in the following banks, savings instite , OFO nancial
institutions as-of January 18, 2017:
a.) American Express — endi High Yield Sa' in|
b.) Bank of America — endin; Advanced Ti
c.) Bank of America —endin; Regular Savings
d.) Bank of America — endin; Core Checking
€.). Bank of Anierica — endin; Regular Savings
f.) Wage Works. Dep. Care Flex Spending,
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Final Decree of Divorce
g:) Bank of America — nin Health Savings Account
ITIS ORDERED that ATUL KUMAR GUPTA shall pay to VIBHA JAIN the:amount.of
Fourteen Thousartd Eight Hundred and Eighty-one dollars and thirty-one cents.($14,881.31), by
cash, cashier’ eck, or wOney order payable to VIBHA JAIN, and delivered to VIBHA JAIN at
the time of exchafige of ji items awarded. to each party in this Decree. Said amount
represents fe fifty, percentintg st in the above accounts.
R-5. A. portio of ATULK IMAR GUPTA's retirement benefits in Fidelity National
Information ServicesyInc. 4 Q Tk ‘ofit ig Plan arising out of ATUL KUMAR GUPTA's
employment with Capco Energy Solutio: of January 13, 2017, that. portion being Fifty
Thousand Four Hundred and “Two dollars cents ($50,462.70); together with
any interest, dividends, gains, or losses_o hat oul arising\since that date and more
particularly defined in a Qualified Dom ic Relatio Orde ecb she Court. This amount
does not include ATUL KUMAR GUPTA’S s€p: fe propel st in said retirement.
R-6. All policies of life insurance (including values ing-Respondent's life.
R-7. The 2007 Toyota Corolla moto! vehigle, vehicle Ndentification number
INXBR32E772893372,
together with all prepaid insurance, Keys, and titl¢ do uments >
R-8, Sixty-Five Thousand Dollars ($65,000.00) payable b ATU) MAR GUPTA,
to VIBHA JAIN by cash, cashier's check, or money order payab VIB AR and
delivered at her attorney’s office at 440 Louisiana Street, Suite 900, Houston, Texas.77002 on ior
before 5:00 p.m. on the 120" day following the date this Decree is sign udgé. id
amount represents Wife’s interest in the equity of the marital residence describ d above. In
event Husband fails to pay said amount by the deadline set out in this paragray
ORDERED that the residence: located at shall be
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Final Decree of Divorce
sold pu nt to the terms set out in the section entitled “Provisions Dealing with Sale of
dénce” herein below.
Division of Déb
Debi tioner (Hiisband:
ORDE! Rd “ND DECREED that Petitioner, ATUL KUMAR GUPTA, shall pay,
as a partof thé di ‘ion ofthe estate of the parties, and shall indemnify and hold Respondent,
VIBHA JAIN, and her prop ‘tty Harmless from any failure'to’so discharge, these items:
P- The ¥alap du including principal, interest, tax, and insurance escrow, on the
promissory note executed by/ATUL KU AR GUPTA and VIBHA JAIN, ‘in the original
prineipal surn of $176,000, dated May 203, payableto nterbank Mortgage Company, and
secured by deed of trust on the property arded n thisd ree to the Petitioner, which is
recorded in the Deed of Trust Records of Fo1 end Co
P-2. The balance due, including prin interest, Ka other chargés, on the
promissory note payable to Bank of Ameri and given of the purchase price of and!
secured by a lien on'the 2016 Lexus RS 350 motor: ie aw; ded Petitioner.
P-3, The following debts, charges, liabilities, and obligations:
i
Debt owed to Bank of America Visa
Debt owed to Chase Visa — ending
Debt owed to Capital One Visa —end
Debt owed to-American-Express— en
Debt.owed to Citibank Visa — ending
P-4, All debts, charges, liabilities, and other obligations incu: ed Ry ‘etifioner
from and after May 27, 2016 unless express provision is made in this-decree’ €-cortrar,
P-5. All encumbrances, ad valorem taxes, liens, assessments, or other c] ges dues
become due on the real and personal property awarded to Petitioner in this decree unl press
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Final Decree.of Divorce
provisjo made in this decree to the contrary.
Debi espondent (Wife)
IT IS.ORD! RI D DECREED that Respondent, VIBHA JAIN, shall pay, as a part
divisio the estate’ of the parties, and shall indemnify and hold Petitioner, ATUL
KUI GU TA, and sroperty harmless from-any failure to so discharge, these items:
R-I ollowing d charges, liabilities, and obligations:
Debto dto Wells Fargo Visa — ending
nd all unpaid student loans
R-2. All debts,ch: ges. biliti id other obligations incurred solely by Respondent
from and after May 27, 2016 nless express/prqvision is made in this:decree to the contrary.
R-3, All encumbrarices> taxes; Sments, or other charges due or to
become due .on the real and personal prop arded pondent in this decree unless
express provision is made in this decre&to ie cont
Notice
IT IS ORDERED AND DECREED that each, all send to.the other-party, within:
three days of its. receipt, a copy of any correspondence na credito or taxing authority
concerning any potential liability of the other party.
Provisions Dealing with Sale of Residenc
IT IS ORDERED AND DECREED that the property and, provernentsigcated
thereon at lot Eleven (11), block One (1), Cinco Ranch Southwest subdiv} ‘ion, section Twenty-|
three (23), according to the map, plat, or deed records of Fort Bend Count arid gre}
commonly known 25 ae, Fort Bei ou , Texas
shall be sold under the following terms and conditions only in the event Petitioner ( G)i
fails to pay Respondent (Wife) $65,000.00 on or before 5:00. p.m. on the 120" day foll Owing the
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Gupta, Jain
Final Decree:of Divorce
date De ¢ is'signed by the Judge in accordance with Section R-8 above, to wit:
The parties shall list the property with a duly licensed real estate broker having.
les experience in le al where the property is located, provided further that the real estate
‘oker_shall be nactive member in the Multiple Listing Service with the Texas Board of
Realtors.
e property: shall be sold for a price that is mutually agreeable to Petitioner and
Respondent. if Petitioner at Réspondent are unable to agree on a sales price, the parties shall
follow the recommeridat} of of th istin ap it regarding sales prices and any reduction thereof.
3 On the applicatjon of either\party, the property shall be sold under terms. and
conditions determined by a\gourt-appoii id récei nt any party fails to cooperate in
the salé process.
4 Respondent shall vacate dence on of be! oO vai 1, 2017.
Soe
'
Petitioner shall continue to mak I p meni Qi pri ‘pal, interest, taxes, and
insurance on the property during the pendenc\ of the sale, titioner shall have the.exclusive
right to enjoy the use and possession of the premis clos ig, All majntenance.and repairs
necessary to keep the property. in its present condition shal] be/paid by Petitioner.
6. The-net sales proceeds (defined as the gross. sales price less’cost Of salé and full
payment of any-mortgage indebtedness or liens on the property) all be-d tributed as follows:
Fifty percent (50%) of the net sale proceeds to Petitioner ATUL4 MAR
percent (50%) of the net sale proceeds to Respondent VIBHA JAIN.
Liability for Federal Income Taxes for Prior Year (2016)
IT IS ORDERED AND DEGREED that if a refund is made for overpa: of tax
year ending December 31, 2016, then each party shall be entitled to one-half of the nd; and
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Final Decree of Divorce
1
I
the part re ving the refund check is designated a constructive trustee for the benefit of the
othe: arty, to the extent of one-half of the total amount of the refund, and shall pay to the other
party one-half of the total jount of the refund check within five days of receipt of the refund
SNe if the terndl Revenue Service fails to directly deposit their féspective fifty percent
interes! ther party RDERED to endorse’a refund check on presentation by the other party
ifnecessary.
Treatment/Allocatio Zommunit Income for Year of Divorce
IT IS ORD RED AND, CRE) that, for the calendar year 2017, each party shall file
an individual income: tax ref in accordante ith the Internal Revenue Code.
Preview
Filed 5/3/2017 12:02:06 PM Annie Rebecca Elliott x District Clerk Fort Bend County, Texas Kathleen Geuea NO. 16-DCV-232,757 MEM TTER OF RRIAGE OF IN THE DISTRICT COURT (TUL KUMAR GU 328TH JUDICIAL DISTRICT BH AND TI INT! RY HI FORT BEND COUNTY, TEXAS AG! Rg D FINAL DECREE OF DIVORCE On this day the € eard t] case. Appearances Petitioner, ATUL KUI ppeared in person.and through attorney of record, Ronald C. Muller, and annouwi igreement. Respondent, VIBHA JAIN, has mad eral appearance d has agreed to' the terms of this judgment to the ‘extent. permitted\b aw, as ideneéd by Ri ndent's signature below along with her attorney’s signature, Christine Thrash. Record The making of a record of ‘testimony was fived by farties ¥ the consent of the Court. Jurisdiction and Domicile as The Court finds that the pleadings of Petitioner are in du mand Ofitain the allegations, information, and prerequisites required by law: The Court, ai idence, finds that it has jurisdiction of this case and of all.the parties and that at\le have elapsed since the date the suit was filed. oe Page] of46 ie oo = 282781 Gupta v. Jain Final Decree of Divorce. wae Judgment ROUTED TO COURT MAY RTD TO D. CLERK iAMA ort further finds that, at the time this suit was filed, Petitioner had been a do ry of Texas for the preceding six-month period and a resident. of the county in which is suit was filed fort preceding ninety-day period. All persons entitled to citation were properly cited, Jury A jury was ed, d questions of fact and of law. were submitted to the Court. Agreement 0 ‘arties The Court finds‘th the. part have entered into a written agreement as contained in this decree by virtue of Having, appro ed this decree as to both form and substance. To the. extent permitted by law, the parties|stipulate thy gt ment is enforceable as.a contract. The Court approves the agreement of the parties as contained Decree. of Divorce, The agreements in this Final Decry Divorc8 d pursuant to the informal settlement process as evidenced by the Ril e 11 Agi 2d wit the Court on February 21, 2017. This Final Decree of Divorce is sti ed to rep nt’a merger of this. agreement between the parties. To the extent there exist any diff ices bel Rule 11, Agréement and. this Final Decree of Divorce, this Final Decree of Divo, | contro all instances. Divorce © IT IS ORDERED AND. DECREED that ATUL GU, Py ‘etitioner, and: VIBHA JAIN, Respondent, are divorced and that the marriage bet hém is di de the ground of insupportability. Child of the Marriage The Court finds that Petitioner and Respondent are the parents of the follow gthild: Page 2:0f 46 -Guptay. Jain Final_Decree of Divorce Birth date: Home state: Social Secy ber: inds no other:children of the marriage are expected. Parenting Plan The finds that the ovisions in this decree relating to the rights and duties of the parties with relation. to hild, possession of and access to the child, child support, and optimizing the develop ent 0; clo ontinuing relationship between each party and the child-constitute the parties' ag d parenting |pl: Conservatorship The Court, having considered the circun ness Of the p nts and of the child, finds that the following orders are-in the best int ofthe child, IT IS ORDERED that ATUL KUMAI RC PTA and V. San are appointed, Joint Managing Conservators of the following child IT IS ORDERED that, at all times, ATU RUM d VIBHA JAIN, as a parent joint managing conservator, shall each have the follo g rights: I the tight to receive information from mn other, conservato of the child concerning the health, education, and welfare of the child; the right to confer with the other parent to the exten ossible: before makinga decision concerning the health, education, and welfare of the child; 3 the right of access to medical, dental; psychological, and ed ord of | the child; 4. the right to consult with a physician, dentist, or psychologist of thethild 5. the right. to consult with school officials concerning the child's w ind educational status, including school activities; ‘Page 3 of 46 Gupta’. Jain Final Decree of Divorce the right'to attend school activities; the right-to.be designated on the child's records. as a person to be notified in case of an emergency; é right to conserit. to medical, dental, and surgical treatment during an genc’ volyi fig an immediate danger to the health.and safety of the child; and. the ri, nage the estate of the child to the extent the estate has been created by the parent or, nt's IT Q RDERED tl ut all times, ATUL KUMAR GUPTA and VIBHA JAIN, as parent joint managing ators each have the following duties: 1 the difty to fost the. oth er\conseryator of the child in a timely manner of significant information conterfing the heal tf ducation, and welfare of the child 2 the duty to ‘the. other on: the child if the conservator resides with for at least thirty days, tries, or intendsto ry ap on who the:conservator Kriows is registered as a sex offender und apter 6 XAaS od of Criminal Procedure or is currently charged with an offense for wh con ction the person would be required to register under that chapter. IT IS.OR Son D that notice of this in Ormation shall be provided to the other conservator of the child as s d0 as practicable, jot lat an the fortieth day after the date the conservator. of the child begins to eside with the ps on-df on the tenth day after thé date the marriage occurs, as appropriate. ORDER ED fat the notice must include a description of the offense that is the basis of th person’ ent to register ds.a sex offender or of the offense with which the person is chi ARNE A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS LA, CM DE ANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE; 3. the duty to inform the other conservator of the child if the‘consérvato: iblishes. a residence with a person who the conservator knows is ‘t ubje t ofafi gtective order. sought by an individual other than the conservator that is in off fecton\the d; tesidence with. the person is established. IT IS ORDERED that notice of this inform: fall be provided to the other conservator of the child.as soon as practicable, but riot late the thirtieth d after the date. the conservator establishes residence with the person whos the t of the Yinal us protective order. WARNING: A CONSERVATOR COMMITS AN OFP UNISHABLE, AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS T i NOTICE; 4, the. duty to inform the other conservator of the child if the congeryator resides with,.or allows unsupervised. access to a child by, a person who jis the subject of aVinal pro order sought by. the coriservator after the expiration of sixty-day period following th the final. protective order is issued. IT IS ORDERED that notice: of this informatid shall be provided. to the other conservator of the child as.soon as practicable, but not ‘later than the Page 4 of 46 Gupta v. Jain Final Decree of Divorce ninetieth er the date the final. protective order was issued. WARNING: A CONSER ATOR COMMITS .AN OFFENSE PUNISHABLE AS. A CLASS C SDE] -ANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE; and. the duty.t6 Inform the other conservator of the child if the conservator is the bject of a final protecti order issued after the date of the order éstablishing conservatorship. ITS ORDERED“that notice of this information shall be provided to the other conservator of the hild\a SOO pyaCticable, but not later than the thirtieth day after the date the final protective order was RNING: A CONSERVATOR COMMITS AN OFFENSE PUNISH LE AS: 'S C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS» ITI: RDERED tha} ing their respective periods of possession, ATUL KUMAR GUPTA and VIBHA $ parent joint managing conservator, shall each have the following rights and duties 1, the duty of care! control, pro tion, and reasonable discipline of the child. the duty to sujpoi child, inchiding providihg the child with clothing, food, shelter, and medical and dental cat ot involvin sive procedure; the right to consent for fild to med d\denital care not involving, an: invasive procedure; and the right to direct the moral and gious. train; fthe child. IT IS ORDERED that ATUL KUMAR GUP wid VIBHA JAIN, :as a parent joint managing conservator, shall each have the followingfights id du 1 the right, subject to the agreement of the other parent conservator, ent to medical, dental, and surgical treatment-involving invasive procedures. but inthe ev parents cannot reach an agreement, then the parent shall follow e FECommend; of the child’: primary care physician the right, subject to the agreement of the other p Nt conser ator, to to psychiatric and psychological treatment of the child but in the event the pat ents cahnot reach ‘an, agreement, then the parent shall follow the recommendation of the cl prim ary) cafe: physician; 3 the right, subject to the agreement of the other parent conservator; O represent th child in legal action and to make other decisions of substantial legal significanc encerni child Page 5 of 46 Guptay. Jain Final. Dectee of Divorce the right, subject to. the agreement of the. other parent. conservator, to consent to maj lage d to enlistment in the armed forces of the United States; except a provided by section 264.0111 of the Texas Family Code, the right, bject to the agree: it e other parent conservator, to the services and earnings of the child 6 éxcept-when a guardian of the child's estate or a guardian or attorney ad litem, has been appointed for the chi , the right, subject to the agreement of the other’ parent conservator, to act-as-at agent of th ld in relation to the child's estate if the child's action is required by a. state, the United Ste eign government; and duty, subjeo the agreement of the other-parent conservator, to manage the estate of the ild to the the estate has been created by. community property or the: joint property of the parent. IT IS ORD! RED that/A’ R GUPTA, as a parent joint managing conservator, Shall have the following right: 1 the exclusive \ig) CSI fate “tl idence of the child within Fort Bend -County, Texas and contigne ities th 2, the exclusive right, after ig VIBHA INO intended decision prior to making the decision, to make decision ming t dducai Smad the exclusive right to receiv give receyp periodic. payments for the support of the child and to hold or disburset! unds for efit of the child. Geographical Restriction ‘The Court finds that, in accordance with section | 061 ofthe Tex Family Code, it is the public policy of Texas to assure that children will hav! quent and cd itinujrg co +t: with parents who have shown. the ability to act in the best intere thie ch & provide a safe, stable, and nonviolent environment for the child, and to encourage or (2) further order-of the Court. 7. Claims - Except as provided in this paragraph, the. party who is not yirig the Page 27 of 46 Gupta v: Jain Final Decree of Divorce health ice policy covering ‘the child is. ORDERED to furnish to ‘the party carrying the within fifteen days of receiving them, all forms, receipts, bills, and statements reflecting ¢ health-care expe @ party not carrying the policy incurs. on béhalf of the child. In Ordanice. ction 1204.251 and 1504.055(a) of ‘the Texas Insurance Code, IT IS ORD} that the p ho is not carrying the health insurance policy covering the child, at that party's, op on, of others .althorized by law, may file any claims for health-care expenses directly with the insuranc: rijér with, and from whom coverage is provided for the benefit of the child and receive p ment s directly from the insurance company. Further, for the sold purpose of section. 1204.2; of the Texas 1 hsurance Code, VIBHA JAIN is designated the managing conservator or pogseg sory con: ‘atorOo} The party who is carrying'th th ins olicy Covering the child'is ORDERED to, submit all forms required by the insur: empany fo ent oP reimbursement of health: caré expenses incurred by either party on beh ofthe child to Se t Rasuahos Carrier within fifteen days of that party's.receiving any form: receipt, bil] fement reflecting the expenses. Constructive Trust for Payments Ri ed - ITS ORDE! RED that any insurance, payments received by a party from the health insurance carrie as reimbur: ent: for Hi lth-care! expenses incurred by or on behalf of the child shall belon; to\the party who'pai se experises IT IS FURTHER ORDERED that the party receiving the insurance p: is designated a constructive trustee to receive any insurance checks or paymerits Ith-s expenses p aid by the other party, and the party. carrying the policy shall endorse and {fo eCKS OT paymients, along with afy explanation of benefits received, tothe. otherp ithin fee d fys of | receiving them. Page'28 of46 Gupta v..Jain Final Decree of Divorce WARNING - A PARENT ORDERED TO PROVIDE HEALTH ICE OR TO PAY THE OTHER PARENT ADDITIONAL CHILD SUPPORT OR THE COST O TH INSURANCE WHO FAILS TO DO SO IS LIABLE FOR DICAL EXPENSES OF THE CHILD, WITHOUT REGARD TO R THE SS WOULD HAVE BEEN PAID IF HEALTH INSURANCE HAD BEE! OVIDED,. D FOR THE COST OF HEALTH INSURANCE PREMIUMS OR CONT! RY TONS, IF ANY, PAID ON BEHALF OF THE CHILD. 10. Notie plo: --On thisdate a Medical Support Notice was authorized to be issued by the Court. For the purpose of seq tio) 1169 of title 29 of the United States Code, the party not carrying the healtt surance polit 18S Geslg ¢ custodial parent and alternate recipient's representative. 11. Miscellaneous Health Care ovisions - Each parent will deliver the medications 9 hild to th Soe parent at the beginning of the other parent's parenting time, unless the. edication been divided by the pharmacist: into two containers that provide appropriate dosag nd q cover the time with. each parent or unless two prescriptions can be obtained. Each parent will inform the other of regular health-care apy pointmeénts vance, and both may attend. Miscellaneous Child Support Provisions No Credit for Informal Payments IT IS ORDERED that the child support as prescribed in this decree discharged in the manner ordered and.that any direct payments made by VIBHA Lee YA Kel to ‘ively KUMAR GUPTA or any expenditures incurred by VIBHA JAIN during. VIBHA JAIN periods. Page.29 of 46 Gupta v..Jain Final Decree of Divorce of po; of or access. to the child, as prescribed in this decree, for food, clothing, gifts, (shelter, or entertainment-are deemed in addition to and not in lieu of the support ordered this decree. Suppe O bligation of Est S ORD RI it the provisions for child support. in this decree shall be an obligation of, tate of VIB JAIN and ‘shall not terminate on the death of VIBHA JAIN. Payments received for theb it. of the child, including payments from the Social Securi Administration, Dep nent of Veterans ffairs or other governmental agency or life insurance proceeds, annuity payment » tod istributibng, or retirethent survivor benefits, shall be a credit against this obligation. An| emaining lance of t pport is an obligation of VIBHA. JAIN's estate. Termination of Orders on | em art So ceran ith of Obi. ce The provisions of this decree relating to ou Child support imiiiate-on the remarriage of ATUL KUMAR GUPTA to VIBHA JA less a pefit.or agency has. been appointed conservator of the child under chapter 153 of the Te ‘amit: ebligation to pay child support under this decree does not terminate on. the de of ATUL MAR a but: continues as an obligation to VIHAN GUPTA. Medical Notification Each party is ORDERED to inform the other party wit hor of any medical condition of the child requiring surgical intervention, hospitalization, or bo Information Regarding Parties The information required for each party by section 105.006(a) of the Tex: ‘amily, Code: is as follows: Page 30 of46 Guptay, Jain Final Decree of Divorce Name; ATUL KUMA! Jp fal ecurity number: vet's license number: nt residence addre ailing address Home telephon: ‘umber: Cc el one. be) me of employer: Capco Energy Solutions Address of employme' 0375 Richmond Avenue #700, Houston, Texas 77042 Work .telephone nu 3-350-1000 Email: kg@gmail.com, Natne: HA JAIN Social. Security numbey Driver's license numb Current residence add ‘ess: Mailing address: Home telephone nuniber: Cell phone number: Name of employer: Address of employment: RS713-356-6196 orton 800 , Houston, Texas 77002 Work telephone numiber: Email: vibha.bits08@ grfiailcor Required Notices EACH PERSON WHO IS A PAR Y TO ORDER IS ORDERED TO NOTIFY EACH OTHER PARTY, THE COURT, ATE A CASE REGISTRY OF ANY CHANGE IN THE PARTY'S ‘SID DRESS, MAILING ADDRESS, HOME TELEPHONE NUMBER, AME (0 PLO » ADDRESS OF; EMPLOYMENT, DRIVER'S LICENSE NUMBER AND. WO TEL HONE NUMBER, THE PARTY IS ORDERED TO. GIN NOTICE. Q AN I ED CHANGE IN.ANY OF THE REQUIRED INFORMAT TO EA R PARTY, THE, COURT, AND THE STATE CASE REGISTRY 0} OR 60TH DAY BEFORE THE INTENDED CHANGE. IF THE PARTY DO OR COULD NOT HAVE KNOWN OF THE CHANGE IN SUFFICIENT 'O PR 1p 60- DAY NOTICE, THE PARTY IS ORDERED TO GIVE NOTI iF THE CHAN ON OR BEFORE THE FIFTH DAY AFTER THE DATE THAT THE PAR’ P-2. All household furniture, furnishings, fixtures, goods, art obje collectit appliances, and equipment in the possession of Petitioner or subject to his sole control Page 33 of46 Guptay. Jain Final Decree of Divorce All clothing, jewelry, and other personal effects in the possession. of Petitioner or t-to his sole control. P-4 All so ef cash in the possession of Petitioner or subject to his sole control, ding deposit, together with accrued but unpaid interest, in banks, savings institutions, or othe institutions, which accounts stand in Petitioner’s sole name or from which orfer has the' right to withdraw funds or which are subject to Petitioner’s sole.control, including th owing accounts. a.) < end) Personal Account (India) b) I Cl— ¢ din| Home Maintenance Account (India) P-5. All sums of ca; on deposit, together with accrued but unpaid interest, in the following banks, savings if Otionss or oth Cl tutions: a.) American Expréss — end figh Yield Savings Account b.) Bank of America dvansed Tiered Checking ¢.) Bank of America— sular igs. d.), Banik of America— endin| Ing e.) Bank of America —endin| at Savings f.) Wage Works p Care Flex Spending Account g.) Bank of America — endin| eal gs-Account This provision does not waive Wife’s ay rd in Percent Q %) of the account balatices of said accounts.more particularly described here below under egtion RK P-6, Save and except the portion awarded to Wife tion in below, any’ remaining portion of ATUL KUMAR GUPTA's retirement bi in Fidel National. Information Services, Inc. 401k Profit Sharing Plan arising out of AT CAR GUR employment with Capco Energy. Solutions as of January 13, 2017, tog st, dividends, gains, or losses on that.amount arising since that date and more partici defined it a Qualified Domestic Relations.Order signed by the Court, Pp.’ All policies. of fife insurance (including cash values) insuring Petitioner's life Page 34 of 46 Gupta v. Jain’ Final Decree of Divorce P-8 2016 Lexus RS 350 motor vehicle, vehicle identification number €A1GC017944, together with all prepaid insurance, keys, and title documents. Proper to Resp dent (Wife IT IS ORD RED AND DECREED that Respondent, VIBHA JAIN, is awarded the Sole and separate property, and Petitioner, ATUL KUMAR GUPTA, is divested of all right, title, in im in and to that property: R-1 household iture, furnishings, fixtures, goods, art objects, collectibles, appliances, and equip 1. possession of Respondent or subject to her sole.contro]. R-2. All clothing; elry csother personal effects:in the possession of Respondent or subject to. her sole contro R-3, All sums of cas! nth po: SSIOTKO! pondent or subject to her sole control, including funds on deposit, together witha ied\ bo d\interést, in banks, savings institutions, or other financial institution: hich a d ii Respondents sole name or from which Respondent has the sole rij gh ithdraw, ds or which are subject to Respondent's sole control, including the following: or c.) Bank of America ge d.) Wells Fargo—enq (y2Save Savi e.) Wells Fargo —end reryday Chi ne R-4. Fifty percent (50%) of all sums. of cash nd unds on dep ogether with, accrued but unpaid interest, in the following banks, savings instite , OFO nancial institutions as-of January 18, 2017: a.) American Express — endi High Yield Sa' in| b.) Bank of America — endin; Advanced Ti c.) Bank of America —endin; Regular Savings d.) Bank of America — endin; Core Checking €.). Bank of Anierica — endin; Regular Savings f.) Wage Works. Dep. Care Flex Spending, Page 35 of46 1a ¥. Jain Final Decree of Divorce g:) Bank of America — nin Health Savings Account ITIS ORDERED that ATUL KUMAR GUPTA shall pay to VIBHA JAIN the:amount.of Fourteen Thousartd Eight Hundred and Eighty-one dollars and thirty-one cents.($14,881.31), by cash, cashier’ eck, or wOney order payable to VIBHA JAIN, and delivered to VIBHA JAIN at the time of exchafige of ji items awarded. to each party in this Decree. Said amount represents fe fifty, percentintg st in the above accounts. R-5. A. portio of ATULK IMAR GUPTA's retirement benefits in Fidelity National Information ServicesyInc. 4 Q Tk ‘ofit ig Plan arising out of ATUL KUMAR GUPTA's employment with Capco Energy Solutio: of January 13, 2017, that. portion being Fifty Thousand Four Hundred and “Two dollars cents ($50,462.70); together with any interest, dividends, gains, or losses_o hat oul arising\since that date and more particularly defined in a Qualified Dom ic Relatio Orde ecb she Court. This amount does not include ATUL KUMAR GUPTA’S s€p: fe propel st in said retirement. R-6. All policies of life insurance (including values ing-Respondent's life. R-7. The 2007 Toyota Corolla moto! vehigle, vehicle Ndentification number INXBR32E772893372, together with all prepaid insurance, Keys, and titl¢ do uments > R-8, Sixty-Five Thousand Dollars ($65,000.00) payable b ATU) MAR GUPTA, to VIBHA JAIN by cash, cashier's check, or money order payab VIB AR and delivered at her attorney’s office at 440 Louisiana Street, Suite 900, Houston, Texas.77002 on ior before 5:00 p.m. on the 120" day following the date this Decree is sign udgé. id amount represents Wife’s interest in the equity of the marital residence describ d above. In event Husband fails to pay said amount by the deadline set out in this paragray ORDERED that the residence: located at shall be Page-36 of 46 Gupta'v, Jain Final Decree of Divorce sold pu nt to the terms set out in the section entitled “Provisions Dealing with Sale of dénce” herein below. Division of Déb Debi tioner (Hiisband: ORDE! Rd “ND DECREED that Petitioner, ATUL KUMAR GUPTA, shall pay, as a partof thé di ‘ion ofthe estate of the parties, and shall indemnify and hold Respondent, VIBHA JAIN, and her prop ‘tty Harmless from any failure'to’so discharge, these items: P- The ¥alap du including principal, interest, tax, and insurance escrow, on the promissory note executed by/ATUL KU AR GUPTA and VIBHA JAIN, ‘in the original prineipal surn of $176,000, dated May 203, payableto nterbank Mortgage Company, and secured by deed of trust on the property arded n thisd ree to the Petitioner, which is recorded in the Deed of Trust Records of Fo1 end Co P-2. The balance due, including prin interest, Ka other chargés, on the promissory note payable to Bank of Ameri and given of the purchase price of and! secured by a lien on'the 2016 Lexus RS 350 motor: ie aw; ded Petitioner. P-3, The following debts, charges, liabilities, and obligations: i Debt owed to Bank of America Visa Debt owed to Chase Visa — ending Debt owed to Capital One Visa —end Debt owed to-American-Express— en Debt.owed to Citibank Visa — ending P-4, All debts, charges, liabilities, and other obligations incu: ed Ry ‘etifioner from and after May 27, 2016 unless express provision is made in this-decree’ €-cortrar, P-5. All encumbrances, ad valorem taxes, liens, assessments, or other c] ges dues become due on the real and personal property awarded to Petitioner in this decree unl press Page 37 of 46 Gupta y. Jain Final Decree.of Divorce provisjo made in this decree to the contrary. Debi espondent (Wife) IT IS.ORD! RI D DECREED that Respondent, VIBHA JAIN, shall pay, as a part divisio the estate’ of the parties, and shall indemnify and hold Petitioner, ATUL KUI GU TA, and sroperty harmless from-any failure to so discharge, these items: R-I ollowing d charges, liabilities, and obligations: Debto dto Wells Fargo Visa — ending nd all unpaid student loans R-2. All debts,ch: ges. biliti id other obligations incurred solely by Respondent from and after May 27, 2016 nless express/prqvision is made in this:decree to the contrary. R-3, All encumbrarices> taxes; Sments, or other charges due or to become due .on the real and personal prop arded pondent in this decree unless express provision is made in this decre&to ie cont Notice IT IS ORDERED AND DECREED that each, all send to.the other-party, within: three days of its. receipt, a copy of any correspondence na credito or taxing authority concerning any potential liability of the other party. Provisions Dealing with Sale of Residenc IT IS ORDERED AND DECREED that the property and, provernentsigcated thereon at lot Eleven (11), block One (1), Cinco Ranch Southwest subdiv} ‘ion, section Twenty-| three (23), according to the map, plat, or deed records of Fort Bend Count arid gre} commonly known 25 ae, Fort Bei ou , Texas shall be sold under the following terms and conditions only in the event Petitioner ( G)i fails to pay Respondent (Wife) $65,000.00 on or before 5:00. p.m. on the 120" day foll Owing the Page 38 of 46 Gupta, Jain Final Decree:of Divorce date De ¢ is'signed by the Judge in accordance with Section R-8 above, to wit: The parties shall list the property with a duly licensed real estate broker having. les experience in le al where the property is located, provided further that the real estate ‘oker_shall be nactive member in the Multiple Listing Service with the Texas Board of Realtors. e property: shall be sold for a price that is mutually agreeable to Petitioner and Respondent. if Petitioner at Réspondent are unable to agree on a sales price, the parties shall follow the recommeridat} of of th istin ap it regarding sales prices and any reduction thereof. 3 On the applicatjon of either\party, the property shall be sold under terms. and conditions determined by a\gourt-appoii id récei nt any party fails to cooperate in the salé process. 4 Respondent shall vacate dence on of be! oO vai 1, 2017. Soe ' Petitioner shall continue to mak I p meni Qi pri ‘pal, interest, taxes, and insurance on the property during the pendenc\ of the sale, titioner shall have the.exclusive right to enjoy the use and possession of the premis clos ig, All majntenance.and repairs necessary to keep the property. in its present condition shal] be/paid by Petitioner. 6. The-net sales proceeds (defined as the gross. sales price less’cost Of salé and full payment of any-mortgage indebtedness or liens on the property) all be-d tributed as follows: Fifty percent (50%) of the net sale proceeds to Petitioner ATUL4 MAR percent (50%) of the net sale proceeds to Respondent VIBHA JAIN. Liability for Federal Income Taxes for Prior Year (2016) IT IS ORDERED AND DEGREED that if a refund is made for overpa: of tax year ending December 31, 2016, then each party shall be entitled to one-half of the nd; and Page 39 of46 Gupia v. Jain Final Decree of Divorce 1 I the part re ving the refund check is designated a constructive trustee for the benefit of the othe: arty, to the extent of one-half of the total amount of the refund, and shall pay to the other party one-half of the total jount of the refund check within five days of receipt of the refund SNe if the terndl Revenue Service fails to directly deposit their féspective fifty percent interes! ther party RDERED to endorse’a refund check on presentation by the other party ifnecessary. Treatment/Allocatio Zommunit Income for Year of Divorce IT IS ORD RED AND, CRE) that, for the calendar year 2017, each party shall file an individual income: tax ref in accordante ith the Internal Revenue Code.