decree or final support - heidi j. weber v jason l. weber

7/29/2019 Decree or Final Support - Heidi J. Weber v Jason L. Weber

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In the Iowa District Court in and for SAC County

Case No: 02811 CDDM001836 Title: HIEDI J. WEBER VS JASON L. WEBER

NOTICE REGARDING ELECTRONIC FILINGThis case has been converted to an electronic case by Order of the Court.

New rules apply to electronically filed cases.

Because your case has been converted to an electronic case, it is now governed by Chapter 16 Rules Pertaining

to the Use of the Electronic Document Management System.What is required of you?You must register to use the Electronic Document Management System (EDMS).

If you haven't already registered, please log on to the Iowa Judicial Branch eFiling website at

https://www.iowacourts.state.ia.us/EFile to register.You are required to have a current e-mail account for use with EDMS. Registration requires you to understand

and agree to comply with the rules that govern electronic filing, contained the Chapter 16 Rules Pertaining to

the use of the Electronic Document Management System, available on the Iowa Judicial Branch eFiling website.

Your registration constitutes your request for, and consent to, electronic service of court-generated documents

and documents filed electronically by other parties. When you have completed your registration, you can begin

filing and viewing documents on your case and receiving notifications of filings, and events.EXCEPTIONS: For good cause, the court may authorize you to submit a document in paper. Upon showing of

exceptional circumstances, the chief judge of the district in which a case is pending may grant you an exemption

from registering and filing electronically.You must protect private information when using EDMS.

Division VI of Chapter 16 Rules Pertaining to the Use of the Electronic Document Management System

specifies personal information that is now considered protected by the court, as well as what you must do to

keep protected personal information out of the public documents you eFile.Training and technical support are available for EDMS.

Technical support for the Iowa Judicial Branch eFiling website is available at 1-877-369-8324. If you have

questions about court procedures related to electronic filing, contact your county clerk of court office.We look forward to your comments and suggestions

as we implement electronic filings in the Iowa Courts

E-FILED 2013 MAR 12 9:16 AM SAC - CLERK OF DISTRICT COURT


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In The Iowa District Court for the Second Judicial DistrictIn re the conversion of paper files

to electric documents

Administrative Order

Iowa Court Rule 16.102 authorizes a chief judge to order the conversion of paper court files to an

electronic file of any case not subject to the Rules Pertaining to the Use of the Electronic Document

Management System (EDMS). It is in the best interest of all for the Court to have access via EDMS to pending

files that exist at the time a county clerk of court office implements EDMS. Accordingly:It is so Ordered that:

1. Each Clerk of Court may take action to convert paper case files that are pending and will likely

appear on a future court schedule as soon as implementation of EDMS begins in their respectivecounties.

2. The Clerk shall work with the local Court to identify specific documents that are to be scanned in

each case type. Upon implementation of electronic filing in the County, the security level of

these electronic records shall be as identified by the EDMS Business Advisory Committee.

3. The Clerk shall send the Notice Regarding Electronic Filing to the attorneys and parties

appearing pro se.

4. Once notified, counsel of record or parties appearing pro se shall apply the rules pertaining to

protection of personal privacy (Iowa Ct.R.16.602 through 16.607) to all future filings in that

case.

5. After being notified of commencement of the electronic filing in that County, attorneys, partiesappearing pro se and all other shall file all future filings on that case electronically.It is so Ordered:Dated 3rd day of November, 2010

/s/ Kurt L. Wilke

Kurt L. Wilke, Chief Judge of the Second

Judicial District of Iowa



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Case ID : 02811 CDDM001836 - HIEDI J. WEBER VS JASON L. WEBER

Event Cd : NOOT

JASON L WEBER filed

JASON L WEBER filed



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In the Iowa District Court in and for SAC County

Case No: 02811 CDDM001836 Title: HIEDI J. WEBER VS JASON L. WEBER

NOTICE REGARDING ELECTRONIC FILINGThis case has been converted to an electronic case by Order of the Court.

New rules apply to electronically filed cases.

Because your case has been converted to an electronic case, it is now governed by Chapter 16 Rules Pertaining

to the Use of the Electronic Document Management System.What is required of you?You must register to use the Electronic Document Management System (EDMS).

If you haven't already registered, please log on to the Iowa Judicial Branch eFiling website at

https://www.iowacourts.state.ia.us/EFile to register.You are required to have a current e-mail account for use with EDMS. Registration requires you to understand

and agree to comply with the rules that govern electronic filing, contained the Chapter 16 Rules Pertaining to

the use of the Electronic Document Management System, available on the Iowa Judicial Branch eFiling website.

Your registration constitutes your request for, and consent to, electronic service of court-generated documents

and documents filed electronically by other parties. When you have completed your registration, you can begin

filing and viewing documents on your case and receiving notifications of filings, and events.EXCEPTIONS: For good cause, the court may authorize you to submit a document in paper. Upon showing of

exceptional circumstances, the chief judge of the district in which a case is pending may grant you an exemption

from registering and filing electronically.You must protect private information when using EDMS.

Division VI of Chapter 16 Rules Pertaining to the Use of the Electronic Document Management System

specifies personal information that is now considered protected by the court, as well as what you must do to

keep protected personal information out of the public documents you eFile.Training and technical support are available for EDMS.

Technical support for the Iowa Judicial Branch eFiling website is available at 1-877-369-8324. If you have

questions about court procedures related to electronic filing, contact your county clerk of court office.We look forward to your comments and suggestions

as we implement electronic filings in the Iowa Courts



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In The Iowa District Court for the Second Judicial DistrictIn re the conversion of paper files

to electric documents

Administrative Order

Iowa Court Rule 16.102 authorizes a chief judge to order the conversion of paper court files to an

electronic file of any case not subject to the Rules Pertaining to the Use of the Electronic Document

Management System (EDMS). It is in the best interest of all for the Court to have access via EDMS to pending

files that exist at the time a county clerk of court office implements EDMS. Accordingly:It is so Ordered that:

1. Each Clerk of Court may take action to convert paper case files that are pending and will likely

appear on a future court schedule as soon as implementation of EDMS begins in their respectivecounties.

2. The Clerk shall work with the local Court to identify specific documents that are to be scanned in

each case type. Upon implementation of electronic filing in the County, the security level of

these electronic records shall be as identified by the EDMS Business Advisory Committee.

3. The Clerk shall send the Notice Regarding Electronic Filing to the attorneys and parties

appearing pro se.

4. Once notified, counsel of record or parties appearing pro se shall apply the rules pertaining to

protection of personal privacy (Iowa Ct.R.16.602 through 16.607) to all future filings in that

case.

5. After being notified of commencement of the electronic filing in that County, attorneys, partiesappearing pro se and all other shall file all future filings on that case electronically.It is so Ordered:Dated 3rd day of November, 2010

/s/ Kurt L. Wilke

Kurt L. Wilke, Chief Judge of the Second

Judicial District of Iowa



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Event Cd : NOOT

JASON L WEBER filed

JASON L WEBER filed



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IN THE IOWA DISTRICT COURT FOR SAC COUNTY

IN RE: The Marriage of Hiedi J. Weber and Jason L. Weber

)

Upon the Petition of ) No. CDDM001836

HIEDI J. WEBER, )

)

Petitioner, )

) RESPONSE TO MOTION

v. ) TO CONTINUE

) AND

And Concerning ) RENEWED MOTION

JASON L. WEBER, ) TEMPORARY ORDERS

)

Respondent. )

COMES NOW this 13 day of March, 2013, the Respondent, by attorney, and respondsth

to the Plaintiffs Motion to Continue:

RESPONSE TO MOTION TO CONTINUE

1. Admit paragraph 1. Trial is scheduled for March 22, 2013.

2. Neither admit nor deny paragraph 2.

3. The Motion to Continue does not include written consent of the Petitioner, as

required by IRCP 1.910.

4. Respondent is not necessarily opposed to the continuance if the Court provides for

two issues:

a. Petitioner should pay Respondent for temporary support, as Respondent

has been taking care of the children full time without any support; and

b. The Court avoid the following dates in setting this matter for trial:

April 1, 2013 through June 15, 2013.

RENEWED REQUSET FOR TEMPORARY ORDERS

5. Respondent has previously requested an order granting the Respondent temporary

physical care of the children. In fact, Respondent has been in primary care of the children and

continues to be taking care of the children. However, the court has not issued any ruling

E-FILED 2013 MAR 13 4:23 PM SAC - CLERK OF DISTRICT COURT


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specifically granting Respondent temporary primary physical care.

6. If Petitioner is permitted to further delay these proceedings beyond March 31,

2013, the court should enter an order requiring the payment of temporary child support. In

support of this request:

a. Petitioners Child Support Guidelines Worksheet dtd June 26, 2012 and

filed herein shows that her gross income was $24,169.68.

b. Respondents 2012 tax return shows that his gros wages were $39,671 (see

attached Exhibit A.)

c. The Child Support Guideline Worksheet attached as Exhibit B should be

adopted by the court in entering the following orders:

-Temporary Monthly Child Support of $465.00, and

-Temporary Monthly Cash Medical Support of $60.42;

such orders to begin effective April 1, 2013.

WHEREFORE Respondent prays that if the Court is to grant Petitioners Motion to

Continue that the Court:

A. Avoid scheduling the trial date between April 1 and June 15, 2013; and

B. Enter an Order granting temporary primary care of the children to

Respondent and requiring Petitioner to pay temporary monthly child

support of $465 plus temporary monthly cash medical support of $60.42.

MURRAY & MURRAY, P.L.C.,

____/s/ John M. Murray_____________

John M. Murray (AT0005555)

530 Erie Street, PO Box 27

Storm Lake, Iowa 50588

(712) 732-8181, (712) 749-5089 (fax)

[email protected]

ATTORNEY FOR RESPONDENT

c: Charles Schulte, via fax: 712-662-4884



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Certificate of Service

The undersigned hereby certifies that this instrument was filed with the EDMS for Sac

County, Iowa on the 13 day of March 2013, and that the foregoing instrument was served uponth

the foregoing party via fax at the above-described fax number.

_______/s/ John M. Murray__________________




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IOWA DISTRICT COURT FOR SAC COUNTY

IN RE MARRIAGE OF HEIDI J. WEBER AND JASON L. WEBER

UPON THE PETITION OF ))

HEIDI J. WEBER, ) NO. CDDM001836

)

Petitioner, )

)

AND CONCERNING ) ORDER REGARDING

) TEMPORARY SUPPORT

JASON L. WEBER, ) APPLICATION

)

Respondent. )_________________________________________________________________________

Application for Temporary Child Support comes before the Court this date.

The same should be set for review by the Court.

O R D E R

IT IS, THEREFORE, ORDERED that the Application for Temporary Child

Support shall be reviewed by the Court at 11:00 a.m. on April 9, 2013, in the District

Courtroom, Sac County Courthouse, Sac City, Iowa. The review will involve the

information on the parties' financial affidavits only. Personal appearance of counsel and/or

parties is not required. Financial affidavits should be on file five days prior to the hearing.

Financial affidavit forms are available through the Office of the Clerk of Court.

IT IS FURTHER ORDERED that the trial scheduled for March 22, 2013, is

continued. The Court Administrator shall conduct a trial-scheduling conference to reset

this matter for trial.

Clerk to Furnish Copies to:

Charles Schulte

John M. Murray

Court Administrator



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State of Iowa Courts

Type: OTHER ORDER

Case Number Case Title

CDDM001836 HIEDI J. WEBER VS JASON L. WEBER

So Ordered

Electronically signed on 2013-03-14 09:29:00 page 3 of 3



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Notice Id: 2CA004IN THE IOWA DISTRICT COURT FOR SAC COUNTY

HIEDI J WEBER ,

Plaintiff / Petitioner,

vs.JASON L WEBER ,

Defendant / Respondent.

Notice of Civil Trial Setting Conference

Case No: 02811 CDDM001836

A scheduling conference will be held on 03/27/13 at 11:00 AM with Kellie Orres, as District CourtDesignee, pursuant to I.R.C.P 1.602.

This conference shall be conducted by telephone conference call initiated by plaintiff's counsel.Kellie Orres may be contacted via telephone at: (515) 574-3752.

1. PARTICIPATION: All attorneys appearing in the case shall participate in this conference. A partywho is not represented by counsel shall contact the Court Administrator's office (at the above phonenumber) prior to the date and time of the conference call.2. TRIAL SCHEDULING: A firm trial date shall be established in accordance with the SupremeCourt's time standards as provided by Chapter 23, Iowa Court Rules. NO CONTINUANCES SHALLBE GRANTED EXCEPT BY COURT ORDER, UPON GOOD CAUSE SHOWN.3. SANCTIONS: If a party or attorney fails to participate in the scheduling conference or issubstantially unprepared to participate in the conference, the Court may impose appropriatesanctions, including reasonable expenses and attorney fees. (I.R.C.P 1.602(5)).

/s/ Kellie Orres---------------------------------------Designee of the Court

Clerk to provide copies ornotice of document to attorneysof record and parties appearing



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pro se.



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Event Cd : OFTN

CHARLES ADAM SCHULTE filed

JOHN M MURRAY filed



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Notice Id: 2CA101

IOWA DISTRICT COURT FOR SAC COUNTY

HIEDI J WEBER ,

Plaintiff / Petitioner,

vs.JASON L WEBER ,

Defendant / Respondent.

Case No: 02811 CDDM001836

Trial Notice

The above entitled matter is hereby scheduled for non-jury trial on 08/29/13 at 09:00 AM .

1 Day Custody-Discovery Due 60 days prior to trial

/s/ Kellie Orres-----------------------------------

Designee of the Court

Clerk to provide copies or noticeof this document to attorneys of record,parties appearing pro se andassigned judge.

Docket Code = OSTR



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Event Cd : OSTR

CHARLES ADAM SCHULTE filed

JOHN M MURRAY filed



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)


HIEDI J. WEBER, )

)

Petitioner, )

) FINANCIAL AFFIDAVITS

v. ) RE: TEMPORARY HEARING

)

And Concerning )

JASON L. WEBER, )

)

Respondent. )

COMES NOW this 4 day of April, 2013, the Respondent, and in support of his requesth

for temporary order:

1. Respondents Child Support Guidelines (Exhibit A, incorporated herein).

2. Respondents Financial Affidavit (Exhibit B, incorporated herein).

3. Petitioners wages are derived from her previous financial affidavit (filed on July

31, 2012.) Respondents wages are derived from his 2012 tax return (filed as attached to

Respondents Renewed Motion for Temporary Orders filed on March 13, 2013.)

4. Custody is not in dispute. The parties agree that Respondent has custody of the

minor children and Petitioner shall have visitation as previously ordered.

5. Petitioner moved to continue the trial. In the meantime, Respondent must have

child support in order to support the minor children in his care.

WHEREFORE, based upon the financial information and in conformity with the Child

Support Guidelines, Respondent prays that the court enter the following orders:

A. Petitioner to pay temporary child support of $525.00 per month, commencing

April 1, 2013;

B. Petitioner to pay for 36% of the uncovered medical expenses above $500 per

E-FILED 2013 APR 04 10:56 AM SAC - CLERK OF DISTRICT COURT


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year.


____/s/ John M. Murray___________


530 Erie Street, PO Box 27Storm Lake, Iowa 50588

(712) 732-8181, (712) 749-5089 (fax)

[email protected]


c: Charles Schulte, fax #: 712-662-4884, [email protected]



County, Iowa on the 4 day of April, 2013, and that the foregoing instrument was served uponth

the foregoing party via email and fax at the above-described address(es).

_______/s/ John M. Murray__________________


E-FILED 2013 APR 04 10:56 AM SAC - CLERK OF DISTRICT COURT


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1

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

IN RE THE MARRIAGE OF HIEDI J. WEBER AND JASON L. WEBER

UPON THE PETITION OF )

)HIEDI J. WEBER, ))

Petitioner, ) Case No. CDDM001836

)

AND CONCERNING ) ORDER ON TEMPORARY) MATTERS

JASON L. WEBER, )

)

Respondent. )

________________________________________________________________________

Now on this 9th day of April, 2013, this matter comes on before the Court for

further consideration upon Respondents Application for Hearing on Temporary Matters;

and the Court having reviewed the file and being otherwise fully advised in the premises

finds:

1. That the Court has jurisdiction of the subject matter and the parties herein.

2. That an Order on Temporary Matters should be entered as hereinafter set

forth.

IT IS THEREFORE ORDERED that during the pendency of these proceedings

the petitioner and respondent are hereby granted temporary joint custody of the parties

minor children, namely D.R.W., born July 16, 1996, and E.R.W., born March 7, 2002.

The parties shall have the following rights and responsibilities as joint legal

custodians of the children:

A. Both parents shall have legal access to information concerning their

children, including but not limited to medical, educational and law enforcement records.

E-FILED 2013 APR 09 12:49 PM SAC - CLERK OF DISTRICT COURT


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B. Both parents shall participate equally in the rights and responsibilities of

legal custodians, including but not limited to decisions affecting each childs legal status,

medical care, education, extracurricular activities and religious training.

C. The parties shall consult with each other with respect to the education,

religious training, medical care, extracurricular activities and all other matters related to

their children, whose well-being and development shall at all times be of paramount

consideration to the parties. If either party has knowledge of any illness, accident or

other matter seriously affecting the well-being of any child, that party shall promptly

notify the other, and, except in emergencies, shall not take any action without consulting

the other.

D. Each parent will support the right of the other to love and discipline their

children. Disciplinary actions taken by one parent will be supported by the other parent.

Disagreements about child-rearing practices will be resolved outside the presence of their

children.

E. Each of the parties shall act to foster feelings of affection and respect

between their children and the other party, and neither will do anything which may

estrange the children from the other party or impair in any manner any childs high

regard for the other party.

IT IS FURTHER ORDERED that during the pendency of these proceedings, the

respondent is hereby granted temporary primary physical care of the parties minor

children.



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IT IS FURTHER ORDERED that during the pendency of these proceedings, the

petitioner shall have reasonable and liberal rights of temporary visitation with the parties

minor children according to the schedule previously ordered by this Court.

IT IS FURTHER ORDERED that commencing April 1, 2013, Petitioner shall

pay unto Respondent the sum of $525.00 per month as and for temporary child support,

which shall be paid through the Collection Services Center, P.O. Box 9125, Des Moines,

Iowa 50306-9125, and continuing thereafter until further order of this Court. An order

for mandatory income withholding by Petitioners employer for payment of temporary

child support shall be entered immediately. The entry of an order requiring payment of

child support will not violate 28 U.S.C. Section 1738B.

IT IS FURTHER ORDERED that each party to this action shall file with the

Collection Services Center upon entry of this order, and shall update as appropriate,

information on the location and identity of the party, including Social Security Number,

residential and mailing addresses, telephone number, drivers license number and name,

address and telephone number of the partys employer. In any subsequent child support

action initiated by the Child Support Recovery Unit or between the parties, upon

sufficient showing that diligent effort has been made to ascertain the location of such

party, the Unit or the Court may deem due process requirements for notice and service of

process met with respect to the party, upon delivery of written notice to the most recent

residential or employer address filed with the Collection Services Center pursuant to this

order. This information shall only be disclosed and used pursuant to Iowa Code Section

598.22B and shall not be deemed a public record.



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IT IS FURTHER ORDERED that the parties shall maintain existing or

comparable medical insurance for both parties and the parties minor children during the

pendency of these proceedings. The respondent shall pay the petitioner for 36 percent of

the uncovered medical expenses above $500.00 per year.

Clerk to Provide Copies to:Counsel of RecordUnrepresented Parties



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Type: OTHER ORDER



So Ordered




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1

ORDER AND NOTICE TO WITHHOLD INCOME FOR CHILD SUPPORT

State of IowaCounty of Sac

Court/Case Number . CDDM001836

Employer Name and Address: RE: Employee/Obligors NameHillshire Brands Hiedi J. Weber

Attn: Human Resources315 Vilas RoadStorm Lake, IA 50588

Copy to: Hillshire Brands3301 Rider Trail SouthSuite 100Earth City, Missouri 63045

Childs Name: DOB: PayeesName:D.R.W. born July 16, 1996 Hiedi J. WeberE.R.W. born March 7, 2002. Hiedi J. Weber

NOTICE INFORMATION: This is a Notice to Withhold Income for Child Support

based upon an Order for support entered in this matter by the Honorable Kurt J. Stoebe.

By law, you are required to deduct these amounts from the above-named

employees/obligors income until further notice.

___ If checked, you are required to enroll the child(ren) identified above in any healthinsurance coverage available through the employees/obligors employment.

$525.00 per month in current support$ 0.00____ per month in past due support$ 0.00 per month in cash medical support$ 0.00 per month in other (spousal support)

for a total of $525.00 per month to be forwarded to the payee below, commencing the1st day of April, 2013.

You do not have to vary your pay cycle to be in compliance with the support order. Ifyour pay cycle does not match the ordered support payment cycle, use the followingcalculations to determine how much to withhold:

$121.15 per weekly pay period.



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$242.31 per biweekly pay period (every two weeks).$262.50 per semimonthly pay period (twice a month).$525.00 per monthly pay period.

REMITTANCE INFORMATION:You must begin withholding no later than the first pay period occurring ten (10)days after the date of this Notice. Send payment within seven (7) state businessdays of the pay date/date of withholding. You are entitled to deduct a fee of upto $2.00 to defray the cost of withholding. The total withheld amount, includingyour fee, cannot exceed 50% of the employee/obligors aggregate disposableweekly earnings. To determine the aggregate disposable weekly earnings,please refer to #9 on the next page.

Payable to: Collection Services CenterSend Check to: P.O. Box 9125

Des Moines, IA 50306-9125

ADDITIONAL INFORMATION TO EMPLOYERS AND OTHERWITHHOLDERS

1. Priority: Withholding under this Notice has priority over any other legal processunder State law against the same income. Federal tax levies in effect beforereceipt of this order have priority. If there are Federal tax levies in effect pleasecontact the requesting agency listed below to determine which request has thehighest priority.

2. Combining Payments: You can combine withheld amounts from more thanone employee/obligors income in a single payment to each agency requestingwithholding. You must, however, separately identify the portion of the singlepayment that is attributable to each employee/obligor.

3. Reporting the Paydate/Date of Withholding: You must report the paydate/dateof withholding when sending payment. The paydate/date of withholding is thedate on which the employee is paid and controls the income, i.e. the date theincome check or cash is given to the employee, or the date on which the incomeis deposited directly in his/her account.

4. Employee/Obligor with Multiple Support Withholdings: If you receive morethan one Notice against this employee/obligor and you are unable to honor themall in full because together they exceed the withholding limit of the State of theemployees principal place of employment (see #9 on the next page), you mustallocate the withholding based on the laws of the State of the employeesprincipal place of employment. If you are unsure of that States allocation law,you must honor all Orders of Notices current support withholdings before youwithhold for any arrearages to the greatest extent possible under the withholding



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limit. You should immediately contact the last agency that sent you aWithholding Order or Notice to determine the allocation law of the State of theemployees principal place of employment.

5. Termination Notification: You must promptly notify the issuing agency when

the employee/obligor is no longer working for you. Please provide theinformation requested and return a copy of this Notice to John M. Murray, POBox 27, Storm Lake, IA 50588:

EMPLOYEES/OBLIGORS NAME: HIEDI J. WEBEREMPLOYEES CASE NUMBER: CDDM001836DATE OF SEPARATION: _________________________________________LAST KNOWN HOME ADDRESS: __________________________________NEW EMPLOYERS ADDRESS/INFORMATION: ______________________

______________________________________________________________

6. Lump Sum Payments: You may be required to report and withhold from lumpsum payments such as bonuses, commissions, or severance pay. If you havequestions about lump sum payments, contact the person or authority listedbelow.

7. Liability: If you fail to withhold income as the Order/Notice directs, you are liablefor both the accumulated amount you should have withheld from theemployee/obligors income and any other penalties set by State law. You arealso guilty of a simple misdemeanor. You may be charged costs, interest andreasonable attorney fees related to the collection of the amounts due.

8. Anti-discrimination: You are subject to a fine determined under State law, fordischarging an employee/obligor from employment, refusing to employ, or takingdisciplinary action against an employee/obligor because of a child supportwithholding. Taking any of these actions means you are guilty of a simplemisdemeanor. A withholding order has the same force and effect as any otherdistrict court order, including, but not limited to, contempt of court proceedings fornoncompliance.

9. Withholding Limits: You may not withhold more than the lessor of: a) theamounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C.1673(b)); or b) the amounts allowed by the State of the employee/obligorsprincipal place of employment. The Federal limit applies to the aggregatedisposable weekly earnings (ADWE). ADWE is the net income left after makingmandatory deductions such as: State, Federal, local taxes; Social Security taxes;and Medicare taxes. The Federal CCPA limit is 50% of the ADWE for childsupport and alimony, which is increased by a) 10% if the employee does notsupport a second family; and/or b) 5% if arrears are more than 12 weeks old.



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10. Other Information: This Order/Notice is binding on current and future incomewithholders ten (10) days after receipt. Payments shall be mailed to the

designated payee within seven (7) business days.

Business days means a day on which the State of Iowa offices are open for

regular business. For UIFSA income withholding, follow the laws in theemployee/obligors principal state of employment to determine the following: a)the fee for processing a payment, b) the maximum percentage to withhold, c) thetime periods to start the withholding and when to mail the payments, and d) anyterms or conditions not already specified.

11. Contesting the Income Withholding: The employee/obligor may move toquash an income withholding order or a notice of income withholding by filing amotion to quash with the clerk of court, subject to the statutory time limitation fordoing so.

Grounds for contesting a withholding order include the following:a. A mistake of fact for purposes of a motion to quash means an errorin the amount withheld for payment, or the amount ordered to bewithheld, or the identity of the obligor;

b. For immediate income withholding only, good cause or a writtenagreement existed at the time of the implementation of thewithholding.

Or the employee/obligor may contact a private attorney.



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Type: ORDER FOR IMMEDIATE INCOME WITHHOLDING



So Ordered




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IN RE THE MARRIAGE OF HIEDI J. WEBER AND JASON L. WEBER

UPON THE PETITION OF : CDDM001836HIEDI J. WEBER,

: APPLICATION FOR TEMPORARY

Petitioner, ORDER RE SUMMER VISITATION

:AND CONCERNING

JASON L. WEBER, :

Respondent. :

______________________________________________________________________________

COMES NOW the Petitioner and states:

1. Earlier temporary orders have been ordered herein providing for temporary visitation

times for the minor children during holidays.

2. Trial of this matter is scheduled for August 29, 2013.

3. No order has been entered in this cause concerning visitation during the summer

months.

4. The parties are unable to agree as to visitation times during the summer months.

WHEREFORE, the Petitioner prays the Court to enter an order setting forth specific

times and dates for the Petitioner to have visitation with the minor children of the parties during

the months of June, July and August.

Respectfully submitted,

/s/ Charles A. SchulteCharles A. Schulte, #AT0007137

SCHULTE & GRAVEN LAW FIRM, P.C.

421 Main, P.O. Box 392

Sac City, IA 50583(712) 662-4715

Fax No. (712) 662-4884

E-FILED 2013 MAY 21 9:25 AM SAC - CLERK OF DISTRICT COURT


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In Re the Marriage of Hiedi J. Weber and Jason L. Weber

UPON THE PETITION OF : CDDM001836

HIEDI J. WEBER,

: ORDER SETTING HEARINGPetitioner,

:

AND CONCERNING

JASON L. WEBER, :

Respondent. :

______________________________________________________________________________

Upon application of the Petitioner for the establishment of summer visitation for the

minor children, the Court determines that a hearing should be scheduled.

IT IS THEREFORE ORDERED that a hearing on the Petitioners application for

temporary visitation shall be held on the 4th day of June, at 1:30 oclock p.m. at the Sac County

Court House in Sac City, Iowa.



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Type: ORDER SETTING HEARING



So Ordered




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)


HIEDI J. WEBER, )

)

Petitioner, )

) RESPONSE TO APPLICATION

v. ) FOR TEMPORARY ORDER

) RE: SUMMER VISITATION

And Concerning )

JASON L. WEBER, )

)

Respondent. )

COMES NOW this 22 day of May, 2013, the Respondent, by attorney, and responds tond

the Petitioners Application for Temporary Order RE Summer Visitation. In support,

Respondent states as follows:

1. Deny paragraph 1. It is admitted that temporary orders have been entered in this

matter, but Petitioner fails to note that a temporary order has been entered as recently as April 9,

2013. Reference is made to that order.

2. Admit paragraph 2.

3. Deny paragraph 3. The court ordered that ...petitioner shall have reasonable and

liberal rights of temporary visitation .... (See Order dtd April 9, 2013.)

4. If Petitioner demands to have the children for the entire summer, then Respondent

admits paragraph 4 that the parties are not in agreement concerning summer visitation, as

Petitioners request is not in the best interests of the children.

5. Respondent has made good-faith attempts to resolve summer visitation.

Reference is made to the letter dated April 23, 2013, attached hereto as Exhibit A. No reply

has been received from Petitioner or Petitioners counsel concerning this letter.

6. Respondent is expected to incur attorney fees as a result of this hearing.

Respondent requests that the court require Petitioner to pay Respondents attorney fees that are

expected to result from this hearing.

E-FILED 2013 MAY 22 4:46 PM SAC - CLERK OF DISTRICT COURT


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WHEREFORE Respondent prays that the Court deny the Respondents Application and

require Respondent to pay Petitioner for Petitioners attorneys fees incurred as a result of the

hearing on June 4, 2013.


____/s/ John M. Murray_____________




(712) 732-8181, (712) 749-5089 (fax)

[email protected]





County, Iowa on the 22 day of May 2013, and that the foregoing instrument was served uponnd

the foregoing party via fax at the above-described fax number.

_______/s/ John M. Murray__________________




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)


HIEDI J. WEBER, )

)

Petitioner, )

) PROPOSED SUMMER

v. ) VISITATION SCHEDULE

)

And Concerning )

JASON L. WEBER, )

)

Respondent. )

COMES NOW this 3 day of June, 2013, the Respondent, by attorney, and with respectrd

to the upcoming hearing regarding summer visitation, and hereby proposes the following

schedule:

D.W. and E.W. to be with Heidi on following times:

June 1 at 9 a.m. to June 2 at 6 p.m. (2 days)

June 7 at 6 p.m. to June 9 at 6 p.m. (2 days)

June 13 at 6 p.m. to June 20 at 6 p.m. (7 days)

July 1 at 6 p.m. to July 7 at 6 p.m. (6 days)

July 13 at 9 a.m. to July 14 at 6 p.m. (2 days)th


August 24 at 9 a.m. to August 25 at 6 p.m. (2 days)

Total days: 25 days

The following are events that would conflict with any request for visitation by Heidi:

June 21 to 23: 125 Celebration in Anthon, with parade participation and otherth

kid-friendly events that would occur

June 24 to 28: E.W. has swim practices

E-FILED 2013 JUN 03 1:15 PM SAC - CLERK OF DISTRICT COURT


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July 15 to 20: Kids will be camping with Jason

July 21 to 24: D.W. will have wrestling camp

July 31 to August 4: Woodbury County Fair. E.W. in 4-H and will be there with

various activities to be shown.

August 5 to August 9: D.W. football camp

August 12 forward: D.W. begins football practice

August 15: School begins

Request is specifically made that Jason have children on Labor Day weekend, as Heidi has

already received Memorial Day and would also receive July 4 under the above schedule.


____/s/ John M. Murray_____________




(712) 732-8181, (712) 749-5089 (fax)

[email protected]





County, Iowa on the 3 day of June 2013, and that the foregoing instrument was served upon therd

foregoing party via fax at the above-described fax number.

_______/s/ John M. Murray__________________


E-FILED 2013 JUN 03 1:15 PM SAC - CLERK OF DISTRICT COURT


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)


HIEDI J. WEBER, ))

Petitioner, ) ORDER RE:

) SUMMER VISITATION

v. )

)

And Concerning )

JASON L. WEBER, )

)

Respondent. )

NOW on the date set forth below, the Court has considered the Petitioners Application

For Temporary Order RE: Summer Visitation along with the Respondents Response to the

same. Hearing was set for June 4, 2013. The Petitioner and Respondent both appeared

personally along with their respective counsel, Charles A. Schulte and John M. Murray. The

parties have advised that they have arrived at an agreement concerning summer visitation, which

the Court finds acceptable.

IT IS THEREFORE ORDERED that Petitioner (Heidi) will receive the following

temporary summer visitation with the children (D.W. and E.W.):

June 1 at 9 a.m. to June 2 at 6 p.m. (2 days)

June 7 at 6 p.m. to to June 21 at 6 p.m. (14 days)


July 13 at 9 a.m. to July 14th

at 6 p.m. (2 days)


August 9 at 8 p.m. to August 12 at 8 a.m. (2 days) *August 24 at 9 a.m. to August 25 at 6 p.m. (2 days)

Total days: 32 days

* - It is noted that the begin and end times for this visitation shall coordinate with D.W.s

football activities which are before and after this visitation period.

E-FILED 2013 JUN 05 9:47 AM SAC - CLERK OF DISTRICT COURT


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IT IS FURTHER ORDERED that the parties are encouraged to communicate and agree

otherwise to any alternative visitation, however if no such agreements are reached, Petitioner

shall be entitled to the foregoing temporary summer visitation.

STIPULATED AS TO FORM:

___/s/ Charles A. Schulte___________

Charles A. Schulte (#AT0007137)

__/s/ John M. Murray______________

John M. Murray (#AT0005555)



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Type: OTHER ORDER



So Ordered




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Notice ID: 2RCV02


HIEDI J WEBER ,

PETITIONER,

vs.

JASON L WEBER ,

RESPONDENT.

Case No. 02811 CDDM001836

O R D E R

Due to a judicial emergency, the trial in the above-entitled action scheduled for August 29, 2013, ishereby rescheduled to August 22, 2013, commencing at 9:00 a.m. in the District Court, Sac CountyCourthouse, Sac City, Iowa.

IT IS SO ORDERED.CLERK TO FURNISH COPIES TO:Counsel of RecordCt. Administration - Orres, Watson

1 of 2

E-FILED 2013 AUG 19 2:09 PM SAC - CLERK OF DISTRICT COURT


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Case Number Case TitleCDDM001836 HIEDI J. WEBER VS JASON L. WEBER

Type: OTHER ORDER

So Ordered

Electronically signed on 2013-08-19 14:08:18

2 of 2



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2RDM02


IN RE THE MARRIAGE OFHIEDI J WEBER AND JASON L WEBER

UPON THE PETITION OFHIEDI J WEBER ,

PETITIONER,AND CONCERNINGJASON L WEBER ,

RESPONDENT.

Case No. 02811 CDDM001836

COURT REPORTERMEMORANDUM AND CERTIFICATE

COURT REPORTER MEMORANDUM(The court reporter shall file this memorandum with the district court clerk.)

Appearances:For Plaintiff/Petitioner: Charles SchulteFor Defendant/Respondent: John MurrayOther:

Information required by Iowa Rule of Civil Procedure 1.903(3):I, Jody Miller, am providing the following information as required by Iowa Rule of Civil Procedure1.903(3):

1. The type of proceeding that was reported: Disso Trial2. The date(s) on which the proceeding occurred: 8/22/133. The name of the court reporter who reported the proceeding: Jody Miller

4. The name of the judge who presided over the proceeding: Kurt L. Wilke5. The reporting fee for the proceeding: $40.006. We, the undersigned judge before whom the above-entitled case was tried, and the official court

reporter who, by order of the Court, reported the same, do hereby certify that the above and foregoingis the report of the whole proceedings upon the trial and/or hearing of the above-entitled cause madeand taken pursuant to the order and direction of the Court, in accordance with Iowa Code Section624.10.

/s/Jody Miller_________________________________________

1 of 3



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These notes were electronically filed.

2 of 3



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Case Number Case TitleCDDM001836 HIEDI J. WEBER VS JASON L. WEBER

Type: COURT REPORTER MEMORANDUM AND CERTIFICATE

So Ordered

Electronically signed on 2013-08-22 14:48:03

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1

Iowa District Court for Sac County

In Re the Marriage of Hiedi J. Weber and Jason L. Weber

Upon the Petition of :Hiedi J. Weber, : CDDM001836

Petitioner, :

: Dissolution Decree

And Concerning :

Jason L. Weber, :

Respondent. :

The above dissolution action was tried to the court on August 22, 2013. The Petitioner

(Hiedi) appeared with her attorney, Mr. Charles Schulte. The Respondent (Jason) appeared with

his attorney, Mr. John M. Murray.

Hiedi filed her petition for dissolution of marriage on April 26, 2012. Jason filed his

answer on June 20, 2012, admitting that the marriage should be dissolved. The disputed issues

are child custody, visitation, and division of the parties 401K plans. The parties have divided

their remaining property and entered into an agreement that has been placed on file awarding

Hiedi certain other personal property.

Statutory residency requirements have been met and the court has jurisdiction of the

parties and subject matter of this proceeding.

Facts

These parties were married in Onawa, Iowa on June 24, 1994. They have two children

who are affected by these proceedings, DRW who was born on July 16, 1996, and ERW who

was born on March 7, 2002. The parties separated on December 3, 2011, when Hiedi left the

marital home. She testified that when she left the home she didnt know where to go so she left

the boys with Jason because she knew they would be safe. Jason testified that when Hiedi left

E-FILED 2013 SEP 12 9:59 AM SAC - CLERK OF DISTRICT COURT


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2

she moved in with her boyfriend, Pat Zimmer, and didnt attempt to see her sons for two weeks.

On April 9, 2013, the court awarded Jason primary physical care of the parties children. Hiedi

complains that Jason does not encourage the boys to see their mother. Jason refutes that

allegation, but points out that DRW is seventeen years old and has the ability to see Hiedi

whenever he wants. Both boys have submitted written statements to the court expressing their

preference to remain living with Jason (Exhibit 107). DRW states that he does not wish to leave

his school his senior year and his friends. It is also represented to the court that DRW and ERW

are very close and they wish to remain together.

Hiedi states that prior to her leaving the home she was the primary caregiver for the

children and is concerned that Jason will not appropriately attend to the boys educational needs.

Neither child does exceptionally well academically (Exhibits 108 and 109), but ERWs teacher

from this past year indicates that Jason shows appropriate concern for ERWs school progress

(Exhibit 110)

Another concern are allegations that Jason has engaged in bizaare sexual behavior,

propositioning Hiedis cousin on two occasions, alleged exposing himself to a woman, and

questions about a possible sexual assault upon another woman. Jason vehemently denies all of

these allegations. There are no allegations that he has mistreated his sons, indeed, as previously

stated, Hiedi left the boys with Jason when she left the marital home because she knew they

would be safe.

Hiedi has monthly adjusted net income of $1,651.61 from her job with Sara Lee and

Jason has monthly adjusted net income of $2,899.12 from his job with Western Iowa Coop.

Jason has a 401K plan worth $3,389.25. This court is informed that Hiedi also has a

401K plan, but this court could not find any listed on anyones financial affidavit, nor was there



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3

any testimony as to such a plan presented at trial. It is Hiedis position that her plan is worth less

than Jasons and she wants equalization. It is Jasons position that each party keeps their own

401K plan.

Conclusions

The record shows that there has been a breakdown of the marital relationship between the

parties to the extent that the legitimate objects of matrimony have been destroyed and there

remains no reasonable likelihood that the marriage can be preserved.

Child Custody: The parties will be awarded joint legal custody of their sons. Jason will

be designated as the childrens primary caregiver. This court reaches this decision because

DRW, a seventeen year old, has expressed his preference to remain with Jason, DRW and ERW

are very close and the law prefers that siblings not be separated, and Jason has been the boys

primary caregiver since December 2011 and they seem to be doing fine. It is expected by this

court that Jason will encourage the boys to engage in regular visitations with Hiedi. Failure on

Jasons part to do so shall be considered by this court a circumstance warranting a modification

of this order.

Visitation: Hiedi shall have visitations with the boys on alternating weekends during

their school year. Such visitations shall commence on Fridays at 6:00 p.m. and conclude on

Sundays at 6:00 p.m. During the boys summer vacation Hiedi shall have visitations with the

boys for no less than 28 days with periods of no less than 2 days and no more than 14 days at a

time. Hiedi shall have visitations in even numbered years on Easter, July 4, and Thanksgiving.

In odd numbered years she shall have visitations with the boys on New Years Day, Memorial

Day, and Labor Day. The parties shall equally share the boys for visitation during their

Christmas break.



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4

Each party shall have free access to communicate with the boys by telephone at

reasonable times.

The parties shall equally share the cost or burden of transporting the boys to and from

visitation.

Child Support: Both parties agree that based upon the parties respective incomes Heidi

should pay child support for the two boys in the amount of $525.00 per month and when only

one boy qualifies for child support her obligation should be reduced to $384.00 per month.

401K Division: Since this court does not know the extent of Heidis 401K plan or when

both her plan and Jasons plan began it is impossible to set a finite number for division. This

court assumes that both plans began after the parties marriage and for that reason should be

subject to equal division. This court concludes, therefore, that the parties 401K plans should be

equally divided between the parties.

Order

It Is Ordered that the marital relationship between Hiedi J. Weber and Jason L. Weber is

dissolved.

It Is Further Ordered that the parties are awarded joint legal custody of their minor

children, DRW and ERW, with primary physical care placed with Jason. Hiedi is awarded

visitation rights as set out in the conclusions portion of this decree.

It Is Further Ordered:

1. Hiedi shall pay child support to Jason for the two boys in the amount of $525.00 eachmonth commencing October 1, 2013. When only one boy qualifies for child support

Hiedis child support obligation shall be reduced to $384.20 each month. All child

support payments shall be paid through the Collection Services Center, P.O. Box 9125,



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Des Moines, Iowa 50306. Hiedi shall provide to her employer an income withholding

order permitting automatic withdrawal of the amount of child support money from her

paycheck.

2. The court reserves jurisdiction to assess postsecondary education contribution from eitherparty in the event that either of the children seek educational or occupational training

beyond high school.

3. Jason shall provide health insurance coverage for the boys through his place ofemployment if available. If not available, then Hiedi shall provide health insurance

coverage for the boys through her employment if available. Any non-covered medical,

dental, orthodontic or optometric expense for the boys shall be paid the first $250.00 for

each child by Jason. Any remaining non-covered expense shall be paid 61% by Jason

and 39% by Hiedi.

4. If Hiedi is current with her child support obligation she shall be entitled to claim ERW asa dependent for income tax purposes.

5. Each party shall retain the property now in their respective possessions with theexception that Jason shall return the personal property to Hiedis possession as the

parties agreed at the time of trial. A list of that personal property is placed in the court

file.

6. The parties 401K plans shall be equally divided between the parties according to theircurrent values.

7. Court costs are assessed to the parties equally.Copies to;Mr. Charles SchulteMr. John M. Murray



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Type: OTHER ORDER



So Ordered



decree or final support - heidi j. weber v jason l. weber

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