Form 4A-315. Default judgment and final decree of dissolution of marriage (with children).

STATE OF NEW MEXICO COUNTY OF _______________ __________________ JUDICIAL DISTRICT _______________________________ Petitioner, v. No. __________ _______________________________ Respondent. DEFAULT JUDGMENT AND FINAL DECREE OF DISSOLUTION OF MARRIAGE (with children)1 _________________________ (Petitioner’s name) and _______________________ (Respondent’s name) are married. Respondent failed to respond to the petition for dissolution of marriage after being served. The judge may make changes to this default decree and both parties must comply with any changes made. The parties were married on ____________ (date of marriage). I. PROPERTY BEING DIVIDED2 A. Personal property (such as clothing, furniture, jewelry, or artwork). Attached is a Personal Property List (Attachment A) showing all property and which party shall receive that property. (Choose 1 or 2) [ ] 1. Each party already has possession of all the personal property each party will rece (Or) [ ] 2. The party in possession of personal property to be received by the other party sha party within ____ days after this default judgment is signed by the judge and filed B. Real Property (such as a home, mobile home, condominium, lot, or commercial building).3 (Choose all that apply) [ ] 1. Neither party owns real property. [ ] 2. The parties own a marital home, which is located at ____________________________ (street address), and with which they shall do the following: (Complete the correct section: a. Keep the home; b. Sell the home; or c. Other plan.) [ ] a . Keep the home. _________________________________ (name of Petitioner or Respondent) shall keep the home and shall be responsible for all debts related to the home. The person who keeps the home is called the “homeowner.” The other person is called the “moving spouse.” (Choose all that apply) [ ] i. The amount owed to the moving spouse to buy out that person’s interest is $______________, which is included in the calculation of the Cash Payment, Section III, below. [ ] ii. The homeowner shall apply to refinance the debt owed on the home no later than _______________________________ (date). [ ] iii . The homeowner shall buy out the moving spouse’s interest in the home or get the moving spouse off of the loan papers as follows:4 ______________________________________________________ ___________ ______________________________________________________ ___________ ______________________________________________________ ___________ ______________________________________________________ ___________ [ ] b . Sell the home. The home shall be sold and the money from the sale shall be divided as follows: _________________________________________________________ ____________ _________________________________________________________ ____________ _________________________________________________________ ____________. While the home is being sold, [ ] Petitioner (or) [ ] Respondent (choose one) shall stay in the home. Until the home sells, the parties shall pay expenses, including mortgage, taxes and insurance, utility bills, and repairs for the home as follows (describe who is to pay and how much each person will pay): _________________________________________________________ ____________ _________________________________________________________ ____________ _________________________________________________________ ____________. The parties shall cooperate with the showing of the home and the sale of the home, including signing all paperwork needed in order to sell it and transfer title. Both parties shall preserve the home in a reasonable way including the following things: _________________________________________________________ ____________ _________________________________________________________ ____________ _________________________________________________________ ____________. [ ] c . Other plan. Attached is a separate sheet with the plan regarding the home. [ ] . One or both of the parties has other real property as set forth in the attached Real Property List (Attachment B), and that property shall be divided as set forth in the attachment. If one party owes the other money for the division of the other real property, that amount is included in the calculation of the Cash Payment, Section III, below. C. Bank and investment accounts (such as checking accounts, savings accounts, stocks, bonds, certificates of deposit, mutual funds, or life insurance policies with cash value). (Choose 1 or 2) [ ] 1. The parties do not have any bank or investment accounts. (Or) [ ] 2. The parties have the following bank or investment accounts and shall divide them as follo Petitioner shall have the following bank or investment accounts: Name of institution ________________________________ ________________________________ ________________________________ Last four (4) digits of account number ___________________ ___________________ ___________________ Respondent shall have the following bank or investment accounts: Name of institution ________________________________ ________________________________ ________________________________ Last four (4) digits of account number ___________________ ___________________ ___________________ D. Retirement Plans (such as IRAs, retirement accounts, pension plans, or 401(k) plans).5 (Choose 1 or 2) [ ] 1. Neither party has a retirement plan. (Or) [ ] 2. The parties shall divide the retirement plan(s) as follows: Petitioner has the following retirement plan(s): (Circle one to show whether Petitioner will KEEP the entire plan, DIVIDE the plan with Respondent, or TRANSFER the entire plan to Respondent) If plan will be DIVIDED, the amount or % to be given to Respondent: [KEEP] [DIVIDE] [TRANSFER] [KEEP] [DIVIDE] [TRANSFER] [KEEP] [DIVIDE] [TRANSFER] Respondent has the following retirement plan(s): (Circle one to show whether Respondent will KEEP the entire plan, DIVIDE the plan with Petitioner, or TRANSFER the entire plan to Petitioner) If plan will be DIVIDED, the amount or % to be given to Petitioner: [KEEP] [DIVIDE] [TRANSFER] [KEEP] [DIVIDE] [TRANSFER] [KEEP] [DIVIDE] [TRANSFER] If any retirement plan will be divided, a Qualified Domestic Relations Order (“QDRO”) shall be prepared and submitted to the Court by Petitioner by _______________________________ (date).6 E. Vehicles (such as cars, trucks, motorcycles, recreational vehicles, boats, tractors, or trailers).7 (Choose 1 or 2) [ ] 1. The parties do not have any vehicles. (Or) [ ] 2. The parties have vehicles and shall divide them as follows: Petitioner shall keep the following vehicles and assume any debt relating to each vehicle ( and year of each vehicle and list the vehicle identification number): Vehicle description ________________________________ ________________________________ ________________________________. Vehicle Identification No. (last six digits) ________________________________ ________________________________ ________________________________. Respondent shall keep the following vehicles and assume any debt relating to each vehic model, and year of each vehicle and list the vehicle identification number): Vehicle description ________________________________ ________________________________ ________________________________. Vehicle Identification No. (last six digits) ________________________________ ________________________________ ________________________________. Each party listed above as keeping the vehicles shall pay for the costs of the vehicles, inc parties shall transfer title by the following date: [ ] ___________________________ (date). (Or) [ ] when the vehicle is paid off. (or) [ ] the party who is keeping the vehicle already has the title in his/her name. F. Other property (such as business interests, patents, trademarks, copyrights, royalties, manuscripts, or any other property). (Choose 1 or 2) [ ] 1. Neither party has any other property. (Or) [ ] 2. One or both parties has the other property listed below, and shall divide it as follows: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________. II. DEBTS BEING DIVIDED8 A. Debt. Attached is a Debt List (Attachment C) which lists all of the parties’ debts, including mortgages, vehicle payments, taxes, credit cards, student loans, medical debts, judgments, and any other debts the parties may have. Any debt not listed is the responsibility of the person who created it. Each party shall pay debts created by that party prior to the marriage, unless stated differently here. Unless stated differently here, a party who takes property (such as a house or car) with a debt associated with it, shall take the debt. (Choose all that apply) [ ] The parties have no debt from the marriage. [ ] Each party shall pay the debts as listed on Attachment C. [ ] The amount owed from ______________________ to _____________________ for the division of the debts is $_______________, which is included in the calculation of the Cash Payment, Section III, below. B. Credit cards and charge cards. Each party shall turn in and cancel all joint credit cards, or shall have the credit card company take the other party’s name off of the account. C. Taxes. The parties shall share information necessary to correctly file income tax returns. Each party will get the help needed to file taxes. D. Problem with tax returns. If any tax returns that the parties filed jointly are audited or contested, the parties should meet to decide what to do. If the parties cannot decide who pays the taxes owed or who gets any refund, they will ask a judge to decide at the time the problem comes up. E. Failure to pay debts. If either party fails to pay the debts each is ordered to pay, the other party may end up making that payment. If that happens, the party who should have paid may have to repay the other party, including any other extra costs caused by the failure to pay, such as attorney fees, late fees, and interest charged by the creditor. III. CASH PAYMENT To equalize the division of property and debts, ___________________ (name) shall pay _____________________ (name) the amount of $______________ no later than _______________ (date). Judgment shall enter in this amount for _____________________ (name of person owed money). The statutory interest rate shall apply as provided in Section 56-8-4(A) NMSA 1978. IV. SPOUSAL SUPPORT9 (Choose 1 or 2) [ ] 1. No spousal support. Each party can support himself or herself and neither shall other. (Or) [ ] 2. Spousal support. [ ] Petitioner (or) [ ] Respondent (choose one) shall pay spousa Spousal support shall be paid as follows: (Choose i, ii, or iii) [ ] i. $_______________ per month on the _________________ (date) of each month (period of time), which is not modifiable. (Or) [ ] ii. $_______________ per month on the ________________ (date) of each month u [ ] iii. Other plan: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ V. CUSTODY PLAN10 (Provide identification and contact information for each parent and child) Parent’s name ______________________ Physical address and phone number ______________________ ______________________ ______________________ Place of employment and phone number ______________________ ______________________ ______________________ ______________________ ______________________ ______________________ ______________________ ______________________ ______________________ ______________________ Child’s name ______________________ ______________________ ______________________ Year of birth ______________________ ______________________ ______________________ Age ___________ ___________ ___________ [ ] The parties shall advise each other of any change to this contact information within ten (10) days of new information becoming available. (Choose either Option A, Sole legal custody, or Option B, Joint legal custody) [ ] A. Sole legal custody and visitation plan. (Do not fill out Option B if you choose this op (Complete 1, 2, and 3) 1. _______________________________ (name of parent with sole custody) shall have children. The parent with sole custody shall make the important decisions regarding th 2. The reason that sole custody is in the best interest of the children is because: ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ 3. This is the visitation plan: (Choose a, b, or c) [ ] a. There shall be no visitation until further order of the Court. (Or) [ ] b. _______________________________ (name of other parent) shall have unsu the children as follows: (Fully describe visitation plan to include who shall trans where and when the visitation shall occur. Attach additional sheets if necessary _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ (Or) [ ] c. _______________________________ (name of other parent) shall have supe children as follows: (Fully describe visitation plan to include who shall supervis transport the children and where and when the visitation shall occur. Attach ad necessary.) _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ [ ] B. Joint legal custody and parenting plan. (Do not fill out Option A if you choose this o 1. Important decisions. The parents shall share joint legal custody of the children and s decisions about the children together. No change regarding any of the following shall h both agree to the change in writing or the court changes it: a. City and county of residence: ______________________________________ b. Religion: ______________________________________________________ c. Activities: _____________________________________________________ d. Doctor Name ____________________ Address and telephone ______________________ ______________________ e. Dentist ____________________ ______________________ ______________________ f. School ____________________ ______________________ ______________________ g. Child care ____________________ ______________________ ______________________ h. Other ____________________ ______________________ ______________________ 2. Solving arguments. The parents shall resolve any parenting or time-sharing disputes talking together or communicating in writing. If a parent requests a change to the plan change, the answering parent should respond within five (5) days. If the answering pa change, that parent must say why, and if possible make a new proposal. 3. Timesharing schedule. (Complete “Schedule 1” or “Schedule 2” below.) [ ] Schedule 1. Same schedule each week or every two weeks. (Set out the time that each parent shall have the children for that day.) Week 1 ________’s time (name of parent) ________’s time (name of parent) Monday Tuesday Wednesday Thursday Friday Saturday Sunday _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ Week 2 ________’s time (name of parent) ________’s time (name of parent) Monday Tuesday Wednesday Thursday Friday Saturday Sunday _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ [ ] Schedule 2. Write your own schedule. (Write your own schedule here or atta calendar or make additions to Schedule 1.) _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________. 4. Vacation and holiday plan. a. Vacations. The parents shall each have ____ [days] [weeks] (circle one) of un children each year. Each parent shall give the other parent at least ____ [days notice of the vacation time. b. Holidays. Regardless of the day of the week, the children shall spend holidays of parent who will have the children on each holiday) Holidays: Even year Odd Year Times (if split) Mother’s Day ______ ______ From ______ To _______ Father’s Day ______ ______ From ______ To _______ Child’s Birthday ______ ______ From ______ To _______ Halloween ______ ______ From ______ To _______ Thanksgiving break ______ ______ From ______ To _______ Winter religious holidays ______ ______ From ______ To _______ 1st 1/2 winter break ______ ______ From ______ To _______ 2nd 1/2 winter break ______ ______ From ______ To _______ Spring Break ______ ______ From ______ To _______ July 4th ______ ______ From ______ To _______ Other religious holidays ______ ______ From ______ To _______ Other: ______ ______ From ______ To _______ The Monday of a 3-day weekend due to a school, federal, or state holiday is the schedule unless the parents both agree differently in writing or the court orders a arrangement. 5. Details about the timesharing. a. Communication. Each parent may have reasonable communication with the children a parent shall unreasonably interfere with the children’s communications with the other pa b. Transfer of children. Responsibility for transferring the children from one parent to the follows (write what the parents will do here): _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ c. Long-distance transfer of children. Responsibility for transferring the children from o in long-distance arrangements shall be as follows (write down what the parents will do _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ d. Emergencies. If there is a medical emergency, the parent with the children shall try to about the emergency. to If the other parent cannot be reached, any decision for emerge shall be made by the available parent in the best interest of the children. e. Changes. Each parent may ask the other for changes to this schedule. The other paren “no.” If the other parent says “no,” the parent asking for changes shall not argue or critic decision. VI. CHILD SUPPORT OBLIGATION.11 A. Child Support Worksheet.12 A signed child support worksheet is attached to this plan. (Complete and sign a child support worksheet prior to completing this section.) Child support: ________________________ pays ________________________ $____________ per month. Payments shall begin on ______________________ (date) and shall be paid in the amount of $____________ every [ ] week [ ] two weeks [ ] month. Payments shall continue each month until the youngest child turns eighteen (18); however, if the youngest child turns eighteen (18) while still attending high school, payments shall continue until the month the child graduates or turns nineteen (19), whichever occurs first.13 (Choose 1 or 2) [ ] 1. This amount is the amount shown on the worksheet. (Or) [ ] 2. This is a deviation from the amount shown on the child support worksheet because (fill ___________________________________________________________________ ___________________________________________________________________. B. Health insurance coverage.15 (Choose 1, 2, or 3) [ ] 1. ____________________ (name of parent) shall keep the minor children covered by health policy of insurance available from his or her employer or other group health care insurance (Or) [ ] 2. Neither parent has private health or dental insurance coverage available at a reasonable c under Medicaid, the child support obligor shall pay a cash medical support payment as det in which the State of New Mexico, Child Support Enforcement Division (“CSED”), has been the stipulation of the parties and with the agreement of CSED. The notification to and agre cash medical support. (Or) [ ] 3. Other health insurance coverage shall be provided as follows: _______________________________________________________________________ _______________________________________________________________________ ______________________________________________________________________. C. Additional healthcare expenses to be determined by percentage. The parents shall split the cost of uncovered necessary healthcare expenses in proportion to their income on the child support worksheet. D. Wage withholding of child support. (Choose and complete 1 or 2) [ ] 1. Withhold wages for child support. Child support payment shall be withheld from paycheck.16 (Choose a or b) [ ] a. Attached is a completed Form 4A-304 NMRA Wage Withholding Order which di the Child Support Enforcement Division (“CSED”). (Or) [ ] b. ___________________________ (name of parent) shall l take a copy of this ch signed by the Court to CSED to open a case and to request that CSED issue a [his] [her] behalf. (Or) [ ] 2. Other plan. Wage withholding is not appropriate at this time as the parties have made th arrangements for the payment of support (describe alternate payment arrangements, sub ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ E. Health and dental insurance. The parents shall do the following: 1. follow the insurance plan in selecting a doctor or dentist; 2. use doctors and dentists who are part of the insurance plan; 3. make sure each parent has a copy of the insurance card and policy; and 4. cooperate and work together to promptly submit all insurance forms. F. Exchange of information. Once a year either parent can ask, in writing, for both parties to exchange the following information (this paragraph is required by statute, Section 40-4-11.4 NMSA 1978):17 1. federal and state tax returns for the prior year; 2. W-2 statements for the prior year; 3. IRS form 1099s for the prior year; 4. work related day care statements for the prior year; 5. dependent medical insurance premiums for the prior year; and 6. wage and payroll statements for the four months prior to the request. G. Tax issues.18 The parents shall address tax issues, such as the dependency exemption, that relate to the children as follows: [ ] Follow IRS regulations; or [ ] Adopt another plan as follows: ___________________________________________________________________ ___________________________________________________________________ H. Other expenses. Each parent shall provide the children with items that they need while they are with that parent. The Court, having considered the evidence FINDS AND CONCLUDES: 1. The Court has jurisdiction over the subject matter of this action and over the parties. 2. The parties are incompatible. 3. The division of property and debts in this Default Judgment and Final Decree of Dissolution of Marriage is fair and reasonable. 4. The Custody Plan in this Default Judgment and Final Decree of Dissolution of Marriage is fair, reasonable, and in the best interests of the children. 5. The Child Support Obligation in this Default Judgment and Final Decree of Dissolution of Marriage is fair, reasonable, and in the best interests of the children. 6. Respondent’s default has been certified by the Court. IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED: 1. The marriage of Petitioner and Respondent is dissolved on the grounds of incompatibility. 2. The parties are ordered to comply with the terms of this Default Judgment and Final Decree of Dissolution of Marriage. 3. The Court has continuing jurisdiction over issues relating to the children of the marriage until the children reach the age of majority as provided by law. (Select and complete the following paragraphs if applicable) [ ] 4. The Court retains jurisdiction to enter QDROs or other orders dividing the retirement pla Judgment and Final Decree of Dissolution of Marriage. [ ] 5. Judgment in favor of [ ] Petitioner (or) [ ] Respondent is awarded in the amount of $____ Section III (Cash Payment) of this Default Judgment and Final Decree of Dissolution of interest rate shall apply as provided in Section 56-8-4(A) NMSA 1978. [ ] 6. Petitioner’s name is restored to the former name of ____________________________ ________________________________ Date SO ORDERED: ________________________________ District Court Judge VERIFICATION I, __________________________, am the Petitioner, and I affirm under oath and penalty of perjury under the laws of the State of New Mexico the following: I am signing this document alone because Respondent is in default; I have disclosed all assets and debts known to me; This document and the statements in it are true and correct to the best of my knowledge and belief; I understand that I can be punished both civilly and criminally if any information in this document is false. Submitted/Approved by ________________________________ Petitioner Date ________________________________ Mailing address ________________________________ City, state, and zip code ________________________________ Telephone number STATE OF NEW MEXICO ) COUNTY OF __________________ ) ss. Acknowledged, signed and sworn to before me this _____ day of _____________, _____ by _______________________, the petitioner. _________________________ Notary public My commission expires: __________________. ATTACHMENT A: PERSONAL PROPERTY LIST (Attach additional pages if needed) List all items of value to you, such as furniture, household items, electronics, art, jewelry, and tools. Item Dollar Value Will belong to (check box for each item): Petitioner Respondent ATTACHMENT B: REAL PROPERTY LIST (Attach additional pages if needed) List all homes (other than the marital home), land, or other real property owned by Petitioner or Respondent. Other Real Property 1. Address/Description of property: ______________________________________ The parties shall do the following with the property after the divorce: (Choose all that apply) _____ Petitioner will keep the property; _____ Respondent will keep the property; _____ [ ] Petitioner [ ] Respondent shall pay the other party $____________. _____ The property will be sold and the proceeds divided as follows: ________________________________________________________________ ________________________________________________________________ _____ Other plan: ________________________________________________________________ ________________________________________________________________ 2. Address/Description of property: ______________________________________ The parties shall do the following with the property after the divorce: (Choose all that apply) _____ Petitioner will keep the property; _____ Respondent will keep the property; _____ [ ] Petitioner [ ] Respondent shall pay the other party $____________. _____ The property will be sold and the proceeds divided as follows: ________________________________________________________________ ________________________________________________________________ _____ Other plan: ________________________________________________________________ ________________________________________________________________ ATTACHMENT C: DEBT LIST (Attach additional pages if needed) (NOTE: This document is a public document. DO NOT list the full account number for any credit card or other loan information that you would not want to make public.) This decree may not bind creditors. Creditor Last four (4) numbers on account Amount owed Will be paid by (check box): Petitioner Respondent