IN THE CIRCUIT COURT OF PLATTE COUNTY, MISSOURI
IN THE 6th JUDICIAL CIRCUIT COURT FOR THE COUNTY OF PLATTE
STATE OF MISSOURI
IN RE: THE MARRIAGE OF)
Humaira M. Agha, and )
Mubashar E. Agha. )
)
HUMAIRA M. AGHA, ) Case No. 18AE-DR00001
)
Petitioner,) Division V.
)
vs.)
)
MUBASHAR E. AGHA )
)
Respondent.)
AMENDED JUDGMENT DECREE OF DISSOLUTION OF MARRIAGE
On the 9th and 12th day of August, 2019, Petitioner, HUMAIRA M. AGHA, appeared in person with her attorney of record, SCOTT L. CAMPBELL, Respondent, MUBASHAR E. AGHA, appeared in person with his attorney of record, R. GREGORY HARRISON, and the minor children, xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx, appeared by and through the court appointed Guardian Ad Litem, JENNIFER SNIDER.
The Court took up Petitioner’s Petition for Dissolution of Marriage and Respondent’s Counter-Petition for Dissolution of Marriage, whereupon evidence and statements of counsel were heard and the case was taken under advisement. Judgment was subsequently entered on October 15, 2019. Now, on this 19th day of December, 2019, the Court, upon considering Respondent’s Motion for New Trial and/or Motion to Amend the Judgment, hereby enters this Amended Judgment, as follows:
I.
The Court has jurisdiction over the parties and the subject matter of this action.
II.
The Petitioner, HUMAIRA M. AGHA, filed her Petition for Dissolution of Marriage on December 29, 2017, and Respondent, MUBASHAR E. AGHA, filed his Answer and Counter-Petition for Dissolution of Marriage on January 17, 2018.
III.
The parties hereto were lawfully married on the 12TH day of June, 2002, in Windham, Connecticut, and said marriage is registered in Windham County, Connecticut, and the parties were separated on or about December 29, 2017.
IV.
The Petitioner and Respondent have both been residents of the State of Missouri for ninety (90) days or more immediately preceding the commencement of the Petition for Dissolution, and that more than thirty (30) days have elapsed since the filing of the Petition for Dissolution of Marriage.
V.
The Court finds that Petitioner is not now pregnant.
VI.
Petitioner and Respondent are not members of the Army, Navy, Air Force, Marine Corps or Coast Guard of the United States or its allies on active duty under 10 U.S.C. §101(d)(1) nor are Petitioner and Respondent persons absent from active duty because of sickness, wounds, leave or other lawful cause nor are Petitioner and Respondent National Guard members on active duty for 30 or more consecutive days under 32 U.S.C. §502(f) pursuant to a contingency mission specified by the President or Secretary of Defense pursuant to 50 U.S.C. App. §511(2)(A)(ii) nor are Petitioner and Respondent commissioned member of the Public Health Service or National Oceanographic or National Atmospheric Administration.
VII.
There were four (4) children born of the parties’ marriage, to-wit:xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx, all of whom have resided with Petitioner and/or Respondent and who have primarily resided with Petitioner and Respondent for sixty (60) days immediately preceding the filing of the Petition For Dissolution Of Marriage, and have been residents of the State of Missouri for more than six (6) months.
VIII.
Said minor children are currently residing within the custody of the Petitioner and Respondent and have continuously resided within the custody of Petitioner and Respondent since their birth, and that the parties have not participated in any litigation concerning the custody of said children, with the exception of the Ex Parte Order of Protection and Order of Protection in the Circuit Court of Platte County, Missouri, captioned Humaira Mubasher Agha v. Mubashar Eshan Agha, Case Number 17AE-PN00521. With the exception of said Order of Protection case, Petitioner and Respondent have no information as to any other proceeding concerning custody of said minor children now pending in this Court or any other Court of this State or any other State, nor do the parties know of any person, not a party to this proceeding, who have physical custody of said children, or claims to have custody or visitation rights with respect to said children.
IX.
The Court finds that the Parenting Plan presented by the Guardian ad Litem is in the best interest of the minor children and they, therefore, should be placed in the joint legal custody and joint physical custody of the parties with the Petitioner’s address designated as the address for educational purposes and Respondent address designated for mailing purposes for xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx and Petitioner’s address designated for mailing and educational purposes forxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx, with each party receiving visitation with the parties’ minor children, as set out in the Parenting Plan, which is set out herein below:
“1. Parents
Name Address Phone
Father Mubashar Ehsan Agha, ___________________
Mother Humaira Mubasher Agha, 8522 N. Beaman Avenue,
Kansas City, MO 64154
2. Children
Name DOB Age
xxxxxxxxxxxxxxxxxxxxxxxxxx 16
xxxxxxxxxxxxxxxxxxxxxxxxx 13
xxxxxxxxxxxxxxxxxxxxxxxx 11
xxxxxxxxxxxxxxxxxxxxxxxxx 6
3. Jurisdiction
The jurisdictional base for this court to enter judgment herein regarding legal and physical custody of the minor children is:
A. The State of Missouri is the children's home state for purposes of the State of Missouri's Uniform Child Custody Jurisdiction and Enforcement Act, Section 452.700 through 452.930 of the Statues of Missouri and The Hague Convention to the Civil Aspects of International Child Abduction, implemented pursuant to 42 U.S.C. §11601, and following.
B. The State of Missouri has most significant contacts with the children.
C. The State of Missouri is the most appropriate forum for addressing custody and visitation orders regarding their children.
D. Missouri is the appropriate forum. Venue is proper in the county of Platte, State of Missouri.
E. There are no child custody proceedings pending in any other jurisdiction at the time this application is made.
4. Decision – Making Rights and Responsibilities:
Decisions Concerning the Children
“Joint legal custody” means that the parents share the decision-making rights, responsibilities, and authority relating to the health, education and welfare of the child, and, unless allocated, apportioned, or decreed, the parents shall confer with one another in the exercise of decision-making rights, responsibilities, and authority. RSMo. §452.375.1(2).
“Sole legal custody” means that only one parent has One Hundred Percent (100%) of the decision-making rights, responsibilities, and authority relating to the health, education and welfare of the child, and, unless allocated, apportioned, or decreed, the parents shall confer with one another in the exercise of decision-making rights, responsibilities, and authority.
Types of Decisions
The three types of decisions that parents must make concerning their children are major decisions, daily or everyday decisions, and emergency decisions.
A. Major Decisions:
Major decisions are the significant decisions about the children. Major decisions are made by the parent or parents with legal custody. The following are examples of major decisions:
• The choice or change of schools, including college or special tutoring,
• The choice or change of physician, surgeon or dentist,
• Religious instruction, training or education,
• Selection of child care providers,
• Major medical care, surgery, or any medical procedure requiring hospitalization or out-patient surgery,
• Major dental work and orthodontia,
• Psychological or psychiatric treatment or counseling,
• The choice or change of camps or other special or extracurricular activities,
• The extent of any travel away from home,
• Part or full-time employment,
• Purchase or operation of a motor vehicle,
• Contraception and sex education,
• Actual or potential litigation on behalf of the children.
B. Daily or Everyday Decisions
Daily or everyday decisions are routine decisions like minor medical treatment, bedtimes, homework, chores, selection of clothing and normal daily activities.
Daily decisions shall be made by the parent having actual physical custody at the time of the decision. The parents shall cooperate in establishing mutually agreeable policies regarding such decisions in order that routine decisions remain as consistent as possible.
C. Emergency Decisions
Emergency decisions are decisions of an urgent nature. They affect the health and safety of the children and have to be made before it is possible to contact the other parent. The parent who is with the minor child requiring emergency care may make the emergency decision. The parent making the emergency decision shall advise the other parent of the nature and extent of the emergency as soon as possible.
4.1 General Principles
A. The parents, after giving due consideration to all relevant factors, believe that it is in the best interest of their unemancipated children that the parents have shared decision-making responsibility for major decisions that affect the children.
B. Each parent shall make decisions regarding the day-to-day care and control of the children while the children are with that parent. Either parent may make emergency decisions affecting the health or safety of the child who is currently with that parent.
C. The parents shall confer with each other and share decision-making authority with a view toward arriving at major decisions that promote the best interest of the children.
D. Neither parent shall unreasonably withhold consent in making such joint decisions nor shall either parent make a major change in the children's situation without agreement of the other parent.
E. The parents understand that a failure to agree requires mediation as per the Missouri statute.
F. Each parent shall have access to medical and school records pertaining to the children and be permitted to independently consult with any and all professionals involved with the children. The parents shall cooperate with each other in sharing information related to the health, education and welfare of the children and they shall sign any necessary documentation ensuring that both parents have access to said records.
G. Emergency Contacts – For any school enrollment, sport enrollment, activity enrollment or any event, program or activity in which there is the need to list emergency contacts for a child the following parameters shall apply: (1) The Natural Mother and Natural Father shall be listed as the first two emergency contacts, and the home, work and cell phone number for each parent shall be provided to the organization seeking the information; (2) After the natural parents, a blood relative of the child(ren) may be listed as an emergency contact, and the home, work and cell phone number for each blood relative shall be provided to the organization seeking the information; (3) Under no circumstance shall a friend, paramour, girlfriend, boyfriend, fiancé or roommate be listed as an emergency contact for the child(ren).
H. Parents shall always let each other know their current addresses, home, work and emergency telephone numbers and shall notify each other in writing within 24 hours of any changes.
I. When a Major Decision is necessary, the parent initiating discussion regarding a Major Decision shall initiate the discussion through an electronic messaging system, for example, text message or email. The receiving parent shall have ninety-six (96) hours (four (4) calendar days) to respond and reply in some form of writing (again, a handwritten note, fax, email or text) with a concrete opinion/response to the query. In the event that receiving parent does not respond in writing within this timeframe, then the sending parent shall make the Major Decision and inform the receiving parent of the decision that was made and any and all related information. See also Section 4.4 (F).
4.2 Education. Mother’s address shall be the address for educational purposes so long as she continues to reside within the boundaries of the Park Hill School District. Should Mother move from this District, the parties shall agree upon where the children will attend school. Should dispute resolution be necessary, discussion regarding education shall be conducted through the mediation process. Cost of mediation shall be determined in the mediation process.
Any parent enrolling a child into the child’s school(s) shall provide a copy of all completed enrollment documentation to the non-enrolling parent as well as provide the non-enrolling parent with any links to any school website(s) that may provide information to the non-enrolling parent as to school calendars or activities. The enrolling parent shall, no later than September 1 of each academic year provide to the non-enrolling parent any website location, password or other specific information necessary for any parent to electronically access or otherwise “log in” to any school-sponsored or maintained database that allows parents access to a specific child’s academic records, grade cards, discipline records, schedules or classroom teacher information. Once the enrolling parent has provided this access information, the enrolling parent will have completed his or her responsibility for informing the non-enrolling parent apprised of school status and enrolling parent then shall have no other further duty to communicate information related to the child’s status during the academic year in question.
If a child’s academic information as described above is not available in electronic or internet-based format, then the enrolling parent shall insure that the non-enrolling parent is identified to any school in which the child is enrolled as a parent with joint legal and joint physical custody and provide that information to the parent no later than September 1 of each academic year. This information shall also include the name of any classroom teacher for any child enrolled in grades 5 and under. After the delivery of this information it shall then be the non-enrolling parent’s sole responsibility to contact his or her child’s school and make whatever arrangements that parent desires to directly acquire copies of a child’s grade card, report card, class schedule, teacher contact information or any other information to which that non-enrolling parent would be legally entitled as a result of his joint legal status. In no event shall the enrolling parent be responsible for photocopies or obtaining duplicate paper notices from any teacher in providing these paper documents to the non-enrolling parent nor should the enrolling parent be responsible for forwarding all electronic communications to the non-enrolling parent. The non-enrolling parent shall be solely responsible for making separate arrangements with any school or individual teacher to provide that school or individual teacher with the non-enrolling parent’s contact information, including email.
4.3 Medical
A. Unless otherwise provided in this parenting plan, both parents are entitled to access to records and information pertaining to the children, including, but not limited to, full and complete medical, dental and educational records.
B. Unless otherwise noted, the parents shall confer with each other concerning non-emergency medical, psychological, counseling, optical, dental and orthodontic care.
C. If there is a dispute regarding the medical, psychological, counseling, optical dental and orthodontic care of the children the parents shall defer to the children's present health care provider and follow his/her advice including the selection of other health care providers.
D. When either child has routine medical examinations, the parent arranging the appointment shall give the other parent seven (7) days’ notice in advance so that the other parent can attend the examination if desired.
E. If either parent has any knowledge of any illness, accident, hospitalization or other circumstances seriously affecting the health of the child, that parent shall immediately notify the other parent.
4.4 Extracurricular Activities
A. Each parent shall determine the children's non-recurring organized activities, special training and social events while residing with that parent.
B. The parents shall confer and agree in writing (or electronic written communication) to extracurricular activities that overlap the parents' parenting time. Absent a written agreement, the enrolling parent shall not obligate the non-enrolling parent to insure the minor child’s participation in an extracurricular activity on the non-enrolling parent’s time. If there is an agreement in writing between the enrolling parent and the non-enrolling parent regarding an activity that will occur on the non-enrolling parent’s time, the imposition of that activity on the non-enrolling parent’s time shall not entitle the non-enrolling parent to any additional parenting time or what is commonly referred to as “make-up” time.
C. Each parent shall make a good faith effort to give information to the other parent about events and organized activities in the children's life including school programs, concerts, award ceremonies, plays, sports events and other things in which the children are participating.
D. The parents agree that each of them will insure the presence of the children at the agreed upon organized activities.
E. Each parent shall inform the other parent as soon as possible of all school, sporting and other special activity notices and cooperate in the children's consistent attendance at such events.
4.5 Religion -- the parents shall confer and share decision making as to the religious upbringing of the children.
5. Parenting Time Schedule: The following schedule shall apply beginning immediately.
5.1 Regular Schedule for the Children
Weekdays/Weekends – The minor children shall be with their Father every other weekend beginning Friday at 5 p.m. and ending Sunday at 5:00 p.m. Father also shall have custody of the children on all days off from school except those scheduled in November, December and January of each year. The parents shall follow the Holiday schedule for the months of November, December and January. The children shall be with their Mother at all other times.
5.2 Summer Schedule
Beginning the first Friday after the last day of school in the regular school year, the parents shall have a two weeks-on, two weeks-off schedule, with Father having the first two weeks of this cycle in all years. The Summer schedule shall end on the Friday immediately before the resumption of school in August of every year. If the parent having the cycle immediately prior to the end of the Summer schedule does not receive two full weeks, due to the overall length of this time period, that parent shall not be entitled to any additional vacation or other form of parenting time.
5.3 Holidays/Vacation/Special Days
The parties shall abide by an alternating-holiday parenting time schedule as follows:
Even Years Odd Years
a. New Year’s Eve Mother Father
(8:00 a.m. to 8:00 p.m.)
b. New Year’s Day Father Mother
(8:00 a.m. to 8:00 p.m.)
c. Thanksgiving Mother Father
(Thursday at 9:00 a.m. to Sunday at 5:00 p.m.)
m. Christmas Eve See Winter Break Schedule
n. Christmas Day See Winter Break Schedule
o. Mother’s Day Mother Mother
(Friday at 9:00 a.m. to Sunday at 5:00 p.m.)
p. Father’s Day Father Father
(Friday at 9:00 a.m. to Sunday at 5:00 p.m.)
q. Mother’s Birthday Mother Mother
(8:00 a.m. to 8:00 p.m.)
r. Father's Birthday Father Father
(8:00 a.m. to 8:00 p.m.)
s. Children’s Birthdays
The parties shall alternate on a yearly basis the physical custody of the child on the weekend immediately following the child’s birthday from Friday at 9:00 a.m. to Sunday at 5:00 p.m.
t. Winter Break/Christmas Eve/Christmas Day/New Year’s Eve and Day.
Mother and Father will share the Minor Children’s Winter Break from School in December and January as follows:
In odd years Father shall have all of the Minor Children for the first half of Winter Break, which will be at dismissal of school for the last regular day school is held in session in December until 10:00 a.m. on December 26th. In the same odd years, Mother shall have the Minor Children from December 26th at 10:00 a.m., through and including, 8:00 a.m. on the day school resumes in January in the immediately following January.
In even years Mother shall have all of the Minor Children for the first half of Winter Break which will be at dismissal of school for the last regular day school is held in session in December until 10:00 a.m. on December 26th. In the same even years, Father shall have the Minor Children from December 26th at 10:00 a.m., through and including, 8:00 a.m. on the day school resumes in January in the immediately following January.
Confirmation of Exercise of Holiday Custody. Father shall affirm and confirm to Mother his intent to exercise Holiday Custody time with the children not later than seven (7) calendar days’ advance notice of the Holiday time allocated to Father for that year. This affirmation shall be in writing. If Father fails to make this affirmative confirmation within the timeframes stated herein, Mother shall have the right to schedule events and travel during the holiday time in question, and shall then notify the Father in writing of this decision as soon as reasonably possible.
5.4 Transportation and Exchanges of Children:
The parent receiving the children shall transport the children.
5.5 Schedule Changes:
Changes in Parenting Time Schedule – The parent making the request shall do so by personal contact with the other parent by telephone at least two weeks in advance. The parent receiving the request shall respond by telephone within 48 hours.
The parent requesting the change of schedule shall be responsible for any additional child care or transportation expense resulting from the change.
5.6 Short-Term Adjustments to Parenting Time:
Should either parent have a need to forego parenting time at one of the times he or she is scheduled to have the children overnight, that parent shall, before making any other arrangements for care of the children, offer to the other parent the option of caring for the children for that night. Any such adjustments shall not affect the latter parent's regularly scheduled parenting time.
5.7 Overnight Guests. Intentionally Omitted.
5.8 Reasons That Are Not Valid for Denying Contact. Children benefit greatly from having a good relationship with both parents. Time with each parent is the child's right. Reasons that are not valid for denying contact including the following:
a. A child is sick (unless the non-residential parent is provided with the specific nature of the illness and is given an opportunity to see the child).
b. The child had to go somewhere else.
c. The child is not home.
d. The non-residential parent is behind in the child support obligation.
e. The child wants to stay home.
f. The parent does not want the child to go.
g. The weather is bad (unless weather makes the streets not reasonably safe).
h. The child has no clothes to wear.
6. Move by Parent – Notice and Future Schedule.
A. Pursuant to § 452.377 R.S.Mo., as amended, each parent who is subject to a court order establishing or modifying custody or visitation must adhere to the following:
Absent exigent circumstances as determined by a court with jurisdiction, you, as a party to this action, are ordered to notify, in writing by certified mail, return receipt requested, and at least sixty days prior to the proposed relocation, each party to this action of any proposed relocation of the principal residence of the child, including the following information:
(1) The intended new residence, including the specific address and mailing address, if known, and if not known, the city;
(2) The home telephone number of the new residence, if known;
(3) The date of the intended move or proposed relocation;
(4) A brief statement of the specific reasons for the proposed relocation of the child; and
(5) A proposal for a revised schedule of custody or visitation with the children.
B. Your obligation to provide this information to each party continues as long as you or any other party by virtue of this order is entitled to custody of a child covered by this order. Your failure to obey the order of this court regarding the proposed relocation may result in further litigation to enforce such order, including contempt of court. In addition, your failure to notify a party of a relocation of the child may be considered in a proceeding to modify custody or visitation with the child. Reasonable costs and attorney fees may be assessed against you if you fail to give the required notice.
7. Right of First Refusal. If either parent needs to obtain a child care provider during that parent's parenting time for an absence by the parent exceeding Eight (8) hours, the other parent shall be contacted to see if they wish to care for the child prior to placing the child with a day care provider.
8. Vacations and Travel by Children -- See Summer Schedule herein. Neither Mother nor Father shall travel internationally with the minor children unless the non-traveling parent provides prior written consent to that international travel, which should not be unreasonably withheld. When a parent travels with the children, he or she must notify the other parent of the children's destination. He or she must also provide a telephone number where the children can be reached.
9. Parent Traveling -- If either parent is traveling for more than 2 days or 2 nights, he/she shall let the other parent know in advance where he/she can be reached in the event of an emergency or if the children want to contact the parent.
10. Supportive Communications
10.1 Parent Remarks and Behavior -- The children have the right to be free of negative comments and behavior by one parent about the other. The parents shall not criticize or otherwise be disrespectful of each other in the presence of the children and shall not let others do this. Both parents shall exercise their best efforts to foster the respect, love and affection of the children toward the other parent. Mother and Father shall avoid discussing parenting issues, financial issues, and other topics related to these proceedings when the children are present.
10.2 Children as Messengers -- All communications regarding the children shall be between the parents and the parents will not use the children as messengers to convey information, ask questions or set up parenting time changes.
11. Communications Methods Between Parents -- The parents shall communicate with each other by email, telephone or other appropriate methods. Each parent shall keep the other parent informed of his/her actual residence address, mailing address, home and work telephone numbers and any changes within 24 hours of occurring.
12. Contact with the Children When with the Other Parent
12.1 Telephone.
A. Each parent will maintain an operable answering machine so that the children can leave and receive the other parent's messages.
B. The children may telephone the other parent whenever the child wants.
C. Each parent may contact the children in a reasonable manner when the children are with the other parent. Neither parent shall contact the children at the other parent's residence later than 9 p.m.
D. Each parent shall provide the other parent with the telephone number at which the children may be contacted. Neither parent shall configure their telephone system in such a manner as to "block" or prevent the other parent from calling. No parent shall listen in or monitor these telephone communications between a parent and child.
E. Cell Phone for Child. There is no requirement for either parent to provide the minor child with a cellular phone or equivalent. If the minor child has a cellular phone the parent with whom the child is residing may impose rules or restrictions upon the minor child for the use and access of that phone while in that parent’s home. If the minor child does not have a cellular phone, or does not have access to a cellular phone for any reason, then the parent with whom the child is residing shall make the child available for telephonic contact one time per week on Wednesday between the hours of 4:00 p.m. and 9:00 p.m.
12.2 Mail
A. The children shall be given all mail and packages sent by the other parent. If any mail or packages are withheld the other parent shall be informed immediately.
B. The children and the other parent may communicate by e-mail when computers are available.
C. Either parent may send audiotapes, including story tapes and videotapes to the children.
13. Grandparents and Extended Family.
A. Each parent agrees that each shall provide the children with access to the grandparents and extended family on his/her own side of the family as the parents decide is in the children 's best interest during his/her parenting time.
B. The parents will cooperate to help the children attend special events with grandparents and extended family by making reasonable requests of each other, considering the school situation and the children's best interest and needs.
14. Changes or Modification of the Agreement -- This agreement may be varied for special events, changes in circumstances and to adjust to the children's schedule when the parents agree. However, when the parents do not agree to change something, this agreement will remain in effect.
15. Disputes -- In the event of a dispute with regard to the children's custody, then both parties agree to discuss the matter to attempt to reach resolution. In the event resolution cannot be reached, then both parties agree that before filing a motion to modify, each party may but shall not be required to request that the other party enter into mediation but neither party shall be bound by the results of the mediation.
16. Child Support -- Father shall pay Mother monthly child support in an amount determined by the Court to be reasonable in accordance with Missouri Supreme Court Rule 88.01 and R.S.Mo. § 452.340. Payments for child support shall be paid to the Family Support Payment Center (FSPC), P.O. Box 109002, Jefferson City, MO 65110-9002, as Trustee for remittance unto Mother.
The following expenses shall be deemed to be paid by the monthly child support payment without additional contribution from the parent paying the support:
• All food expenses incurred by the parent receiving support;
• All clothing expenses incurred by the child while in the custody of the parent receiving support;
• The child’s portion of expenses related to maintenance of the household in which the child resides with the parent receiving support, including rent, mortgage payments, utilities, taxes, and home maintenance.
Child support payments shall not be presumed to include expenses related to the following:
• Acquisition and maintenance of a motor vehicle for the minor child;
• Gasoline for any vehicle operated by the minor child;
• College or any other post-secondary educational application fees;
• College preparatory courses or costs for entrance exams related to college or any post-secondary education;
• Any technology expense, including but not limited to, computers, lap tops, cell phones, smart phones, tablets or any other electronic device;
• Any extracurricular activity expense as previously found in Section 4.4;
• Any school related activity as defined by this agreement;
• Any out-of-pocket medically necessary medical expense as defined by Section 4.3 of this agreement.
17. Other Expenses
17.1 Health Care
A. Mother shall be responsible for obtaining medical insurance for the children, and any expense related to that effort will be included in a Form 14 calculation. It is in the best interests of the minor children that said parent be required to maintain said health insurance plan for the minor children.
B. Mother agrees to provide necessary cards to Father and to provide verification of continued coverage by April 15 of each year.
C. The purchase by either parent of routine drug store, analgesic and other over-the-counter items are explicitly excluded from these provisions. The cost of such is to be paid by the purchasing parent.
D. All uninsured medical expenses shall be paid in equal shares by the parents. The parent incurring the uninsured expense shall provide a copy of each bill, including co-payments to the other parents and submit covered expenses to the insurer for payment. The parent's share of the said bill shall be paid within 30 days of receipt of said bill, either by paying the medical provider or reimbursing the other parent. Mother and Father shall split equally the vision care expenses for the children.
E. The parent providing coverage shall provide the other parent with written notice of the identity of all insurers and the serial or other identifying numbers of said insurance to use in obtaining health care for the children.
F. If either parent receives a reimbursement check for an expense paid by the other parent said reimbursement check will be turned over to the parent who paid the expense within 5 days of the receipt of said reimbursement check.
17.2 School and Organized Activities – The parents shall confer before enrolling the child in activities such as sports teams or lessons which occur even partially during the other parent’s time with the child. So long as there is a prior agreement of the parties regarding the child’s enrollment in extracurricular school and athletic activities or lessons, then each party shall be responsible for paying one half (50%) of the enrollment fee, uniform costs, and all other costs associated with the activity. Neither parent shall unreasonably withhold permission for enrollment, keeping the best interests of the minor child in mind, but each parent will consider the other’s financial circumstances in arriving at a decision.
17.3 Miscellaneous Expenses -- The parents shall share equally in the agreed upon miscellaneous expenses for the children which include but are not limited to: summer camps, tutoring lessons, athletic fees, activity fees, music lessons, sports equipment, extracurricular activity expenses, and any other expenses that are agreed upon by the parties and not otherwise provided for herein.
17.4 Secondary Educational Expenses – Each parent shall be responsible for one half (50%) of the cost of fall school supplies, school uniforms or back-to-school clothing and shoes, school fees and enrollment costs for the minor children. The parents should attempt to agree on said costs and pay the necessary costs in advance of the needed expenditures. In the event either parent does not pay their portion up front, then the mechanism for reimbursement shall be the same as for uninsured health expenses, outlined herein above in section 17.1(D).
17.5 Post-Secondary Educational Expenses – Intentionally Omitted.
17.6 Automobile Insurance – Intentionally Omitted.
17.7 Prior Approval of Expenses -- Except as otherwise provided in the Parenting Plan, neither parent can financially bind the other without the other parent's express consent in writing.
18. Tax Exemption – The parent deemed to receive child support by the Court shall claim the tax exemption for all of the children in all years.
19. Child Care Expenses – Each parent shall be individually responsible for the child care expenses incurred during that parent’s custody and these costs may be included in a Form 14 calculation.
20. Designation for State and Federal Statutes -- The children named in this parenting plan are scheduled to reside the majority of the time with Mother/Father solely for designating a school address and for school mailing purposes, and for the purposes of any State or federal law that require a designation of "custodian". This designation shall not affect either parent's rights under this parenting plan.
21. Breach -- If a breach of this parenting plan results in the other parent employing an attorney to enforce the terms of this plan, then the parent breaching the parenting plan shall pay the reasonable attorney's fees, cost, and damages incurred by the other parent in the enforcement action.
22. Enforcement -- Pursuant to Section 452.425, R.S.Mo. 2009, any court order for the custody or visitation with a child may include a provision that the sheriff or other law enforcement officer shall enforce the rights of any person to custody or visitation unless the court issues a subsequent order pursuant to Chapter *210, 211, 452 or 455, R.S.Mo., to limit or deny the custody of, or visitations with, the child. Such sheriff or law enforcement officer shall not remove a child from a person who has actual physical custody of the child unless such sheriff or officer is shown a court order or judgment which clearly and convincingly verifies that such person is not entitled to the actual physical custody of the child, and there are not other exigent circumstances that would give the sheriff or officer reasonable suspicion to believe that the child would be harmed or that the court order presented to the sheriff or office may not be valid.”
X.
The Court finds that the parties should follow all the terms of the Parenting Plan as set out in Paragraph IX above.
XI.
The Court has examined the parties’ economic and financial conditions and circumstances, and upon having further taken into consideration Missouri Supreme Court Rule 88.01 and Form 14, makes the following findings:
a. After examination of all relevant factors, the Court rejects both parties’ Form 14 calculations and prepares its own Form 14 and finds that the Petitioner’s income is $3,415 per month and Respondent’s income is $7,160 per month. In calculating the Respondent’s monthly income, the Court considered the Income and Expense Statements filed by both parties. Further, there was evidence the Respondent gave his wife $800 per month in cash. He also paid all utility bills for the marital home in the form of money orders. Monthly car payments were typically paid by Respondent from a bank account in the name of Aviation Global, Inc. in which Respondent was the sole director and officer of the corporation. He had unrestricted access to said funds in the corporate account which in January of 2017 had as much as $211,179.50. In 2016, the Aviation global account had a balance over $200,000 and Respondent made auto loan payments as well as transfers to the joint bank account of the Petitioner and Respondent. Respondent also was the vice president of an entity named Simco International, Inc. and he had ready access to the corporate funds in an account at Wells Fargo bank. He transferred $77,010 from the Simco bank account to an entity named Simple Kindness on the day the parties separated. Testimony from Respondent and his brother was presented that Simple Kindness was a not for profit entity owned by Respondent’s brother. The Court thus considered the marital expenses as well as the amounts paid from accounts, cash and money order payments as well as Respondent’s claimed income in making a determination as to his average monthly income. The Court recognizes that the respondent’s average income could have been determined to be higher in light of the apparent success of Aviation Global.
b. With that adjustment the Court finds that the correct presumed child support amount to be paid by the Petitioner to the Respondent for the minor child, Hassan Mubashar Agha, is $135 per month, and the presumed child support amount to be paid by the Respondent to the Petitioner for the minor children, Talha Mubashar Agha, Aamna Agha, and Omer Mubashar Agha, is $1,323 per month pursuant to the Court’s Form 14’s on file.
c. Therefore, Respondent should pay his child support obligation to Petitioner the difference of the sum of $1,323 per month and $135 per month in the amount of $1,188 per month, payable as follows:
d. Commencing on the 1st day of October, 2019, and on 1st day of each succeeding month thereafter, Respondent should pay child support in the amount of $1,188 to Petitioner until said children are emancipated or the same is otherwise modified by the Circuit Court of Platte County, Missouri;
e. Said child support payments should be paid to the Family Support Payment Center, P.O. Box 109002, Jefferson City, Missouri, 65110-9002, as Trustee, for remittance to the Petitioner; and
f. The Respondent has paid adequate support pendent lite that no retroactive support is necessary or appropriate.
XII.
In making determinations in this case, the Court made judgments regarding the credibility of each witness. The Court accepted some testimony as credible and rejected some as not credible. The findings and conclusions made by the Court are consistent with the Court’s determination of the appropriate weight of the evidence presented and the credibility of each witness.
Aviation Global: The Court finds that the Respondent was the sole officer and director listed on the Secretary of State registration (Petitioner’s Exhibit 6) for Aviation Global, Inc., which held a bank account with the Bank of America (Petitioner’s Exhibit 10) valued at $211,179.50, as of January 1, 2017. The Court further finds that prior to the filing of this action and during the pendency of this action Respondent withdrew all funds from that account. Therefore, the Court finds that Respondent shall be awarded all right, title and interest in Aviation Global, Inc.
Simco International: The Court finds that the Respondent held an account with Wells Fargo under the business name of Simco International, Inc., (Petitioner’s Exhibit 15) valued at $79,535, as of December 28, 2017. The court further finds that on December 29, 2017, the day Petitioner filed her Petition of Dissolution of Marriage in this matter, the Respondent made an in bank withdrawal from this account in the amount of $77,010 (Petitioner’s Exhibit 17). Testimony and evidence (Petitioner’s Exhibit 18) presented at trial determined that Respondent was issued a cashier’s check made payable to “Simple Kindness” which was purported to be owned by Respondent’s brother. Therefore, the Court finds that Respondent shall be awarded all right, title, and interest in Simco International, Inc.
Australian Property: The Petitioner and Respondent both gave testimony about property in Australia. After reviewing the evidence and weighing the testimony of both parties the Court finds that the property in question should be considered non-marital and is not subject to division by this Court.
Gold Bars: Both parties gave testimony regarding gold bars. The Court finds that there was insufficient evidence on the existence, value or location of said gold bars and therefore it is determined that they are not subject to division by this Court at this time.
XIII.
The Petitioner and Respondent are presently owners as husband and wife of the following described lots, tracts or parcels of land lying, being situate in the County of Platte, with a physical address of 8522 N. Beaman, Kansas City, Missouri 64154, and legally described as follows, to-wit:
Lot 10, Block 2, THE COVES NORTH-SECOND PLAT, a subdivision of land in Kansas City, Platte County, Missouri
Petitioner shall be awarded all right, title and interest in said property, and said real estate described above shall be the sole and exclusive property of Petitioner, free and clear of all right, title, and interest of Respondent and this Judgment shall operate as a conveyance of title. The Court finds that the fair market value of the marital home is $254,000 and there is a balance owing to Chase Bank on said real estate in the amount of $83,000, leaving equity in said property in the amount of $171,000. Petitioner should pay any and all unpaid costs or assessments related to said residence and real property. Respondent should immediately execute and deliver to Petitioner a quitclaim deed quitclaiming all of his interest in the above-described real property to Petitioner. The Petitioner will hold the Respondent harmless in connection with said indebtedness owed on said real estate and residence, and shall indemnify Respondent from any loss resulting from Petitioner’s failure to pay said indebtedness as required. The Respondent shall herewith assign, transfer, and set over to Petitioner all of his interest in the escrow fund, if any, held on said property, and, further, the Respondent shall assign, transfer, and set over to Petitioner all of his interest in all the existing insurance on said property.
XIV.
A. The Court finds that the Respondent should convey to Petitioner all right, title and interest he may have in the following motor vehicles:
Motor Vehicles Value
|VIN. RF3VA17A9BT009321 | $1,100 |
|2011 Polaris | |
|VIN. 5FNRL5H94CB135793 |$16,000 |
|2012 Honda Odyssey | |
|VIN. IHFTE372XC4301627 |$1,500 |
|2012 Honda ATV | |
|VIN. MLHKF1212D5001613 |$2,000 |
|2013 Honda Scooter | |
Petitioner shall hold Respondent harmless from any obligation resulting from the transfer of said vehicles. Respondent shall execute gift affidavits transferring the above mentioned motor vehicles to Petitioner within thirty (30) days of the execution of this Judgment.
B. The Court finds that the Petitioner shall convey to Respondent all right, title and interest she may have in the following motor vehicles:
Motor Vehicles Value
|VIN. JTJBK1BA1B2013584 |$21,000 |
|2011 Lexus RX 350 | |
|VIN: IN4AL11D92C700299 |$2,000 |
|2002 Nissan Altima | |
|VIN. JH2RC5376DK300308 |$5,000 |
|2013 Honda MC745CC VT | |
Respondent shall pay any amount owed on said vehicles and shall hold Petitioner harmless from any obligation resulting from the transfer of said motor vehicles. Petitioner shall execute gift affidavits transferring the property to Respondent within thirty (30) days of the execution of this Judgment.
C. Petitioner shall convey to Respondent all right, title and interest she may have in a 2018 Toyota Tundra pickup truck (VIN. 5TFAW5F19JX681851). The Court finds that the present fair market value of the vehicle is approximately $45,000, and there is a debt owing to Toyota Motor Credit in the approximate amount of $17,000. Respondent shall be responsible for the debt owed on said vehicle and shall hold Petitioner harmless therefrom, and Respondent shall hold Petitioner harmless from any obligation resulting from the transfer of said vehicle. Petitioner shall execute a gift affidavit transferring the property to Respondent within thirty (30) days of the execution of this Judgment.
XV.
Except as specified herein, the Court finds that each of the parties shall retain as their sole and separate property, free and clear from any claim thereon by the other, any bank account, checking or savings account, Certificate of Deposit, IRA, money market fund, or other similar type account or investment they now own in their individual names.
A. Petitioner shall be awarded all right, title and interest in her Bank of America account ending xxx5267 free and clear of all claims by Respondent; and
B. Respondent shall be awarded all right, title and interest in his Bank of America accounts ending xxx1126, and xxx7043, his Wells Fargo account ending xxx1748, and his Commerce Bank account ending xxx830, free and clear of all claims by Petitioner.
XVI.
A. The following described debts shall be and become the sole and separate responsibility and obligation of the Petitioner. Petitioner shall indemnify and hold Respondent harmless from any obligation on said debts and liabilities:
Debts Amount
Student Loans $ 20,000
Chase Bank (Mortgage) $ 83,000
Visa credit card $ 5,000
Personal Family Loans $ 15,000
B. The following described debts shall be and become the sole and separate responsibility and obligation of the Respondent. Respondent shall indemnify and hold Petitioner harmless from any obligation on said debts and liabilities:
Debt Amount
Toyota Motor Credit $ 17,000
C. Except as hereinbefore specified, all debts acquired prior to the entry of this Judgment shall be the responsibility of the party incurring such debt.
XVII.
Except as otherwise specifically setout herein each of the parties shall retain as their sole and separate property, free and clear from any claim thereon by the other all right, title, and interest in and to the separate insurance policies of the other for their own benefit and at their expense. Each party shall waive and release any claim with respect to such insurance of any kind by reason of the fact that some of the premiums were paid out of joint funds during the married life of the parties. Each party shall cooperate in executing any consents or documents that may be required to transfer full legal ownership of said policies to each separate property. All dues, premiums, and assessments on any life insurance policies within the purview of this clause shall be paid out by each separate party, and the other shall have no obligations with respect thereto except as set forth herein.
XVIII.
Except as specified herein, each of the parties shall retain as their sole and separate property their individual retirement plans, trusts, 401-k plans, pension plans, profit sharing plans, or thrift plans with any past, present or future employer now owned by them or acquired by them in the future as their sole and separate property.
XIX.
Each of the parties shall retain all the personal property that is in the possession of either of them as his or her sole and separate property, except as otherwise provided for herein.
A. The Court finds that the Petitioner’s personal property in her possession, including her jewelry, shall be the sole and separate property of Petitioner, free and clear from any claims by Respondent.
B. The Court finds that the Respondent’s personal property in his possession, including his jewelry, shall be the sole and separate property of Respondent, free and clear from any claims by Petitioner.
C. The Court finds that Respondent’s guns valued at $1,000, and his doll collection valued at $1,500 shall be the sole and separate property of Respondent, free and clear from any claims by Petitioner.
D. The Court finds that all the contents in the outdoor shed located on the marital property shall be the sole and separate property of Petitioner, free and clear from any claims by Respondent.
XX.
The Court finds that Respondent shall retain as his sole and separate property, free and clear from any claims by the Petitioner any interest he may have in Aviation Global, Inc., Simco International, Inc. and Nasma.
XXI.
This Court finds that the Guardian ad Litem fees as set forth on Guardian ad Litem’s Exhibit A are just, reasonable and served the purposes both of this Court and the minor children. The Court finds that the total fees incurred by the Guardian ad Litem which have not been paid is $2,789.71. Judgment should be entered for Jennifer Snider against the Petitioner and Respondent in the amount of $2,789.71.
XXXII.
Petitioner’s former name of HUMAIRA KIBRIYA should be restored to her.
XXIII.
Petitioner shall pay the Court costs, at the time the filing fee, already incurred in connection with this action for the dissolution of the parties’ marriage, and any other court costs shall be paid by the party incurring the same, i.e. deposition costs.
XXIV.
Both parties earn an adequate income independent of aid from the other, therefore, neither party shall be awarded maintenance and this bar to maintenance shall be non-modifiable.
XXV.
This Court finds that Petitioner’s counsel, Scott L. Campbell, incurred attorney’s fees in the amount of $10,000. The Court finds that it is appropriate for Respondent to reimburse Petitioner $10,000 to be paid for attorney’s fees she incurred in this matter after analysis of all factors set forth in Missouri Revised Statues §452.355.
Petitioner shall be granted Judgment against Respondent in the sum of $10,000 as and for attorney’s fees. Let execution issue.
XXVI.
There is no reasonable likelihood that the marriage of the parties can be preserved and, therefore, the marriage is irretrievably broken.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court as follows:
1. The marriage of the Petitioner, HUMAIRA M. AGHA, and Respondent, MUBASHAR E. AGHA, is hereby dissolved.
2. The minor children shall be placed in the joint legal custody and joint physical custody of the parties with the Petitioner’s address designated as the address for educational purposes and Respondent address designated for mailing purposes for xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxand Petitioner’s address as the address designated for mailing and educational purposes for xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
3. The parties shall follow all the terms of the Parenting Plan as set out in Paragraph IX above.
4. Respondent shall pay child support to Petitioner as follows:
a. Commencing on the 1st day of October, 2019, and on 1st day of each succeeding month thereafter, Respondent shall pay child support in the amount of $1,188 to Petitioner until said children are emancipated or the same is otherwise modified by the Circuit Court of Platte County, Missouri;
b. Said child support payments shall be paid to the Family Support Payment Center, P.O. Box 109002, Jefferson City, Missouri, 65110-9002, as Trustee, for remittance to the Petitioner.
5. The Petitioner and Respondent are presently owners as husband and wife of the following described lots, tracts or parcels of land lying, being situate in the County of Platte, with a physical address of 8522 N Beaman, Kansas City, Missouri 64154, and legally described as follows, to-wit:
Lot 10, Block 2, THE COVES NORTH-SECOND PLAT, a subdivision of land in Kansas City, Platte County, Missouri.
Petitioner shall be awarded all right, title and interest in said property, and said real estate described above shall be the sole and exclusive property of Petitioner, free and clear of all right, title, and interest of Respondent and this Judgment should operate as a conveyance of title. Petitioner shall pay any and all unpaid costs or assessments related to said residence and real property. Respondent shall immediately execute and deliver to Petitioner a quitclaim deed quitclaiming all of his interest in the above-described real property to Petitioner. The Petitioner shall hold the Respondent harmless in connection with said indebtedness owed on said real estate and residence, and shall indemnify Respondent from any loss resulting from Petitioner’s failure to pay said indebtedness as required. The Respondent shall herewith assign, transfer, and set over to Petitioner all of his interest in the escrow fund, if any, held on said property, and, further, the Respondent shall assign, transfer, and set over to Petitioner all of his interest in all the existing insurance on said property.
6. The Respondent shall convey to Petitioner all right, title and interest he may have in the following motor vehicles:
Motor Vehicles Value
|VIN. RF3VA17A9BT009321 | $1,100 |
|2011 Polaris | |
|VIN. 5FNRL5H94CB135793 |$16,000 |
|2012 Honda Odyssey | |
|VIN. IHFTE372XC4301627 |$1,500 |
|2012 Honda ATV | |
|VIN. MLHKF1212D5001613 |$2,000 |
|2013 Honda Scooter | |
Petitioner shall hold Respondent harmless from any obligation resulting from the transfer of said vehicles. Respondent shall execute gift affidavits transferring the above mentioned motor vehicles to Petitioner within thirty (30) days of the execution of this Judgment.
7. The Petitioner shall convey to Respondent all right, title and interest she may have in the following motor vehicles:
Motor Vehicles Value
|VIN. JTJBK1BA1B2013584 |$21,000 |
|2011 Lexus RX 350 | |
|VIN: IN4AL11D92C700299 |$2,000 |
|2002 Nissan Altima | |
|VIN. JH2RC5376DK300308 |$5,000 |
|2013 Honda MC745CC VT | |
Respondent shall pay and hold Petitioner harmless from any amount owed on said vehicles and shall hold Petitioner harmless from any obligation resulting from the transfer of said motor vehicles. Petitioner shall execute gift affidavits transferring the property to Respondent within thirty (30) days of the execution of this Judgment.
8. Petitioner shall convey to Respondent all right, title and interest she may have in a 2018 Toyota Tundra (VIN. 5TFAW5F19JX681851). The present fair market value is approximately $45,000, and there is a debt owing to Toyota Motor Credit in the approximate amount of $17,000 Respondent shall pay the debt owed on said vehicle and shall hold Petitioner harmless therefrom, and Respondent shall hold Petitioner harmless from any obligation resulting from the transfer of said vehicle. Petitioner shall execute a gift affidavit transferring the property to Respondent within thirty (30) days of the execution of this Judgment.
9. Except as specified herein, each of the parties shall retain as their sole and separate property, free and clear from any claim thereon by the other any bank account, checking or savings account, Certificate of Deposit, IRA, money market fund, or other similar type account or investment they now own in their individual names.
10. Petitioner shall be awarded all right, title and interest in her Bank of America account ending xxx5267 free and clear of all claims by Respondent.
11. Respondent shall be awarded all right, title and interest in his Bank of America accounts ending xxx1126, and xxx7043, his Wells Fargo account ending xxx1748, and his Commerce Bank account ending xxx830, free and clear of all claims by Petitioner.
12. The following described debts shall be and become the sole and separate responsibility and obligation of the Petitioner. Petitioner shall indemnify and hold Respondent harmless from any obligation on said debts and liabilities:
Debts Amount
Student Loans $ 20,000
Chase Bank (Mortgage) $ 83,000
Visa credit card $ 5,000
Personal Family Loans $ 15,000
13. The following described debts shall be and become the sole and separate responsibility and obligation of the Respondent. Respondent shall indemnify and hold Petitioner harmless from any obligation on said debts and liabilities:
Debt Amount
Toyota Motor Credit $ 17,000
14. Except as hereinbefore specified, all debts acquired prior to the entry of this Judgment shall be the responsibility of the party incurring such debt.
15. Except as otherwise specifically setout herein each of the parties shall retain as their sole and separate property, free and clear from any claim thereon by the other all right, title, and interest in and to the separate insurance policies of the other for their own benefit and at their expense. Each party shall waive and release any claim with respect to such insurance of any kind by reason of the fact that some of the premiums were paid out of joint funds during the married life of the parties. Each party shall cooperate in executing any consents or documents that may be required to transfer full legal ownership of said policies to each separate property. All dues, premiums, and assessments on any life insurance policies within the purview of this clause shall be paid out by each separate party, and the other shall have no obligations with respect thereto except as set forth herein.
16. Except as specified herein, each of the parties shall retain as their sole and separate property their individual retirement plans, trusts, 401-k plans, pension plans, profit sharing plans, or thrift plans with any past, present or future employer now owned by them or acquired by them in the future as their sole and separate property.
17. Each of the parties shall retain all their personal property that is in the possession of either of them as his or her sole and separate property, except as otherwise provided for herein.
18. The Petitioner’s personal property in her possession, including her jewelry, shall be the sole and separate property of Petitioner, free and clear from any claims by Respondent.
19. The Respondent’s personal property in his possession, including his jewelry, shall be the sole and separate property of Respondent, free and clear from any claims by Petitioner.
20. The Respondent’s guns valued at $1,000, and his doll collection valued at $1,500 shall be the sole and separate property of Respondent, free and clear from any claims by Petitioner.
21. All the contents in the outdoor shed located on the marital property shall be the sole and separate property of Petitioner, free and clear from any claims by Respondent.
22. The Respondent shall retain as his sole and separate property, free and clear from any claims by the Petitioner any interest he may have in Aviation Global, Inc., Simco International, Inc. and Nasma.
23. The Guardian Ad Litem, Jennifer Snider, is awarded Judgment against Petitioner, HUMARIA AGHA and Respondent, MUBASHAR AGHA, in the total amount of $2,789.71.
24. Petitioner’s former name of HUMAIRA KIBRIYA shall be restored to her.
25. Petitioner shall pay the Court costs, at this time the filing fee, already incurred in connection with this action for the dissolution of the parties’ marriage.
26. Neither party shall be awarded maintenance and this bar to maintenance shall be non-modifiable.
27. Petitioner shall be granted Judgment against Respondent in the sum of $10,000 as and for attorney’s fees. Let execution issue.
_________________________________
JUDGE
PETITIONER:
Name: HUMAIRA M. AGHA
Address: 8522 N. Beaman
Kansas City, Missouri 64154
SSN: xxx-xx-6124
RESPONDENT:
Name: MUBASHAR E. AGHA
Address:
SSN: xxx-xx-
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