Opinion
FA156025926S
01-06-2017
Supurna Vedbrat v. Anil Chinai
UNPUBLISHED OPINION
MEMORANDUM OF DECISION
Michael E. Shay, Judge Trial Referee.
The plaintiff wife (" wife") and the defendant husband (" husband") were married on November 29, 1997, in New York, New York. Shortly thereafter, the couple entered into another ceremony near New Delhi, India. It is a first marriage for both. They are the parents of two minor children, to wit: Mihir Chinai, age 16; and Aaryan Chinai, age 13. The parties entered into a Parenting Plan, Pendente Lite (#110.00) dated February 10, 2016, whereby each has joint legal custody with an equal parenting schedule. The wife testified that the agreement as executed is in the best interest of the children, and asks the court to adopt it as part of the final orders. The husband seeks several changes, but asks that the basic plan be adopted by the court as amended by his proposals. Although they continued to live together for several years, the marriage became one in name only commencing in 2008. The parties began to disengage financially in late 2012, when the husband started to change his residence, which process was completed by May 2013. By January 2013, except for joint accounts maintained for convenience to pay certain agreed-upon expenses, the separation was virtually complete, a fact evidenced by a simple letter agreement executed on March 7, 2013. Their last joint state and federal income tax returns were filed for the year 2014, and each contributed proportionally to the taxes due. The wife currently resides in the former marital residence at 17 Lockwood Avenue, Old Greenwich, Connecticut; while the husband resides approximately five minutes away at 29 Lockwood Avenue, Old Greenwich, Connecticut. Both children are currently enrolled in the Brunswick School.
The husband is 56 years old and is in good health. He is currently a Managing Director of HSBC in New York, and according to his financial affidavit his net annual income from all sources is in excess of $370,000.00.
The wife is 50 years old and in general good health. She did tell the court that she suffers from migraines, hyperthyroidism, for which she treats with an endocrinologist, and has an allergy to cold weather. None of these conditions prevents her from engaging in gainful employment. The wife is currently a Managing Director of Blackrock, where she receives a base salary of $250,000.00 per year, in addition to which she receives both cash and deferred compensation in the form of restricted stock. During 2015, this additional compensation amounted to $2,500,000.00. (Exhibit #16.) According to her financial affidavit, her net annual income from all sources is approximately $638,000.00. She has been steadily employed in the financial industry except for a brief hiatus following the birth of each of her children, as well as initially following the husband's transfer to London, England. Her compensation has increased steadily year to year so that she now out-earns the husband.
The parties are the joint owners of two homes in Old Greenwich, Connecticut, one located at 17 Lockwood Avenue, which is currently occupied by the wife, and the other located at 29 Lockwood Avenue, which is currently occupied by the husband. Both properties have a first mortgage. The parties stipulated in writing (Exhibit #1) that the fair market value of the former is $2,975,000.00. As to the latter, each of the parties offered testimony through an expert as to the fair market value. The court heard first from the wife's expert, Peter M. Trefny of Greenwich, who testified that the fair market value as of November 18, 2016, was $3,100,000.00. He offered a written report (Exhibit #44) supporting his opinion. The court next heard from the husband's expert, Michael B. Gold of Westport, Connecticut. Mr. Gold testified that, in his opinion, the fair market value of the property as of November 4, 2016 to be $2,800,000.00. He also supported his opinion with a written report. (Exhibit #45.) The court found Mr. Gold's testimony to be more compelling.
Other major assets include bank and investment accounts, both sole and joint, and restricted stock awards, vested and unvested, as well as various retirement accounts. Throughout the marriage, each has maintained a large portion of their assets in individual names, and except for her bonus received in January 2013 (which the wife applied to home improvements), each has since retained their own annual bonuses. There continues to be a large long-term loss carry forward from the husband's trading losses.
As to the breakdown of the marriage, the wife testified that the marriage broke down irretrievably in 2008, when the husband broke trust with her over his investment practices. She told the court, and the husband later agreed in his testimony, that the wife was unalterably against the purchase of stock on margin, and that the husband was aware of her position. Not only did the husband violate her trust in a large way with purchases on margin, but when the inevitable margin call ($1,000,000.00) came with the market crash in 2008, he doubled down and borrowed from a HELOC to meet the call. He then asked the wife to cover the loss, but, not surprisingly, she refused. For the wife, that spelled the end of the marriage. The parties continued to live together for the sake of the children, gradually disengaging, but the marriage soon became one in name only.
The lease to the property at 29 Lockwood Avenue, Old Greenwich, which had been purchased as an investment, terminated in early 2012, and the tenants moved out. The property being vacant, the husband began the process of moving there in late 2012, ultimately finalizing the move later the following spring. In the meantime, he applied for a refinance of the property, claiming that it was " owner-occupied" so as to obtain more favorable financing. As part of the process, at the request of the bank, the parties signed a simple agreement to the effect that they were living separate and apart. The agreement also touched upon the issue of alimony and child support. The wife claims that this was a valid post-nuptial agreement, something the husband disputes. Like a prenuptial agreement, the purpose of a post-nuptial agreement is to ensure an orderly disposition of property, both separate and marital, in the event of death or divorce. As such, the agreement (Exhibit #3) dated March 7, 2013, served a different, albeit practical, purpose, that is to reduce the husband's mortgage payment, and as such is not a traditional post-nuptial agreement. However, at the very least, it memorialized what was by then a fait accompli, in that, for all intents and purposes, the parties had, in fact separated their finances by early 2013. The fact that they continued to use one or more joint accounts was simply a convenience in order to facilitate their continuing informal arrangement to share the cost of schooling and other activities of their children, such as the tuition at the Brunswick School.
The trial took place over the course of four days, including final argument, and the evidence closed as of December 2, 2016.
FINDINGS
The Court, having heard the testimony of both parties, and having considered the evidence presented at hearing, as well as, inter alia, the factors enumerated in General Statutes § 46b-56, 46b-56a, 46b-56c, 46b-81, 46b-82, 46b-84, and 46b-215a, including the Child Support and Arrearage Guidelines Regulations, hereby makes the following findings.
1. That it has jurisdiction.
2. That the allegations of the complaint are proven and true.
3. That the marriage of the parties has broken down irretrievably, and that ample evidence exists that both parties have contributed to said breakdown.
4. That two children were born to the wife, issue of the marriage, to wit: Mihir, age 16; and Aaryan, age 13.
5. That during the marriage, neither party has received any aid or assistance from the State of Connecticut or any town or political subdivision thereof.
6. That " the weight to be given the evidence and the credibility of the witnesses are within the sole province of the trial court." Stearns v. Stearns, 4 Conn.App. 323, 327, 494 A.2d 595 (1985); Schoenborn v. Schoenborn, 144 Conn.App. 846, 851, 74 A.3d 482 (2013).
7. That the parties entered into a certain Parenting Plan, Pendente Lite (#110.00) dated February 10, 2016; that the court has reviewed the husband's proposed amendments thereto; that after listening to the testimony of each party, the court finds that, while competitive sports can play a significant role in a child's development, under all the circumstances, the husband's actions and his proposed amendments demonstrate a significant misplacement of priorities, will serve to unduly undermine the shared parental responsibilities as set forth in the plan, will interfere with the necessary balance in the children's lives, and will interfere with each child's time with the mother; and that under all the facts and circumstances, said plan, as originally executed on February 10, 2016, is fair and equitable and in the best interest of the minor children. Stahl v. Bayliss, 98 Conn.App. 63, 69, 907 A.2d 139 (2006).
8. That under all the facts and circumstances, including a waiver of alimony by each party, and the fact that both parties are capable of supporting themselves, it is equitable and appropriate that no alimony be awarded to either party.
9. That according to his financial affidavit dated November 10, 2016, the net income of the husband from all sources is $370,663.44 per annum ($7,128.00 per week); and that according to her financial affidavit the net income of the wife from all sources, including the interest and dividend income noted thereon) is $667,915.00 per annum ($12,845.00 per week).
10. That based upon the combined net income of the parties, the presumptive minimum Child Support is $708.00 per week; that the combined net income of the parties is in excess of $4,000.00 per week; and that it is equitable and appropriate that the court deviate from the Child Support Guidelines in that the parties share physical custody of the minor children, and that such arrangement substantially reduces the expenses for the children for the parent with the lower weekly income, and that both parents have sufficient income and income-producing assets to more than adequately provide for basic needs of the minor children. Child Support and Arrearage Guidelines § 46b-215a-5c(b)(6)(A) .
11. That each of the parties has ample liquid resources to pay their own attorneys fees and costs incurred in this action.
12. That the parties have stipulated (Exhibit #1) to the fair market value of the jointly-owned real property at 17 Lockwood Avenue, Old Greenwich, Connecticut as $2,975,000.00; that there is currently a mortgage on the property with a balance of $1,400,000.00; and that the net equity in the property is $1,575,000.00.
13. That the fair market value of the jointly-owned real property at 29 Lockwood Avenue, Old Greenwich, Connecticut is $2,800,000.00; that there is currently a mortgage on the property with a balance of $2,400,000.00; and that the net equity in the property is $400,000.00.
14. That the parties have stipulated and agreed that the present value of the husband's interest the Barclays Bank PLC U.S.A. Staff Pension Plan as of July 1, 2016, is $394,997.00. (Exhibit #56.)
15. That the evidence supports a finding that had the parties remained an intact family it is more likely than not that both parents would have provided support to each child for higher education or a private occupational school; and that each party has asked the court to enter an educational support order within the scope of General Statutes § 46b-56c .
16. That on or about March 7, 2013, the parties executed an agreement as evidenced by a certain document (Exhibit #3); that said agreement was entered into in conjunction with the husband's application for a mortgage; that the purpose of the agreement was to assist the husband to obtain a more favorable treatment as an " owner-occupier" of 29 Lockwood Avenue; that at the time of the execution of the agreement, the parties were virtually living completely separate and apart; that the purpose of a post-nuptial agreement is to avoid future disputes between spouses in the event of death or dissolution of marriage; that in considering the validity of either a prenuptial or a postnuptial agreement, the court must consider the totality of the circumstances surrounding its execution. Bedrick v. Bedrick, supra at 705, citing McHugh v. McHugh, 181 Conn. 482, 485, 436 A.2d 8 (1980); that in considering all the facts and circumstances, the agreement of the parties was not intended to be a traditional post-nuptial agreement, and, in any event, it does not comport with the safeguards necessary to ensure its validity as such, including full and fair disclosure; and that notwithstanding that fact, the agreement supports a finding that the parties had, by the time of its execution, virtually separated their finances from that point forward.
ORDER
IT IS HEREBY ORDERED THAT:
1. The marriage of the parties is hereby dissolved, and they are each hereby declared to be single and unmarried.
2. The parties shall share joint legal and physical custody of the minor children, with parental responsibilities all as set forth in a certain Parenting Plan, Pendente Lite (#110.00) dated February 10, 2016, which, without amendment, the court hereby approves and makes part of the court file and incorporates same in this Memorandum of Decision as " Schedule A."
3. No alimony is awarded to either party.
4. No child support is awarded. In lieu thereof, the parties shall share equally the following children's expenses: tuition, costs, and fees, including tutoring and SAT/ACT prep, and school trips during the academic year, at the Brunswick School, as well as the vehicle maintained for the use of the housekeeper. In addition, the parties shall share equally the cost of other customary extracurricular activities for each of the minor children, including but not limited to sports, music/dance, and camp, provided same have been agreed upon in writing in advance of the child's participation. Neither party shall schedule a child for such an activity, where participation is likely to impact the parenting time with the other party without the written agreement of the other party in advance.
5. Each party shall be responsible for the one-half the cost for each child to attend for a total of four full academic years at an institution of higher education or a private occupational school for purposes of obtaining a bachelor's or other undergraduate degree, or other appropriate vocational instruction, with said costs not to exceed the amount charged by The University of Connecticut for a full-time in-state student, until such time as the child shall reach the age of twenty-three years, all as set forth in and subject to the provisions of General Statutes § 46b-56c . The court shall retain jurisdiction with regard to any issues that may arise regarding this provision.
6. Each party shall be responsible for the cost of their own health insurance policy. For so long as it is an incident of her employment and can be obtained at reasonable cost, the wife shall maintain and pay for health insurance for each of the minor children so long as either party shall be obligated to pay child support for that child, including post-majority support pursuant to an educational support order or a written post-majority agreement. Unreimbursed medical, dental, orthodontic, optical, pharmaceutical, psychiatric, and psychological expenses for the minor children shall be divided by the parties, 50% by the husband and 50% by the wife. Wherever practical, the parties shall use best efforts to use in-network health care providers, and they shall first discuss all elective medical or dental procedures for each child. The provisions of General Statutes § 46b-84(e) shall apply.
7. Pursuant to General Statutes § 46b-84(f), as and for security for any child support obligation hereunder, each of the parties shall maintain the existing life insurance in the amount of $1,000,000.00, and shall name each of the children as the beneficiaries thereof for so long as he or she has an obligation to pay child support under the terms of this decree. For purposes of the enforcement of this provision, a child support obligation shall include an educational support order pursuant to General Statutes § 46b-56c, or a written agreement of the parties for post-majority educational support.
8. As to the jointly-owned real estate at 17 Lockwood Avenue, Old Greenwich, Connecticut, within thirty (30) days from the date hereof, the husband shall convey his interest therein to the wife by means of a fully-executed Quit Claim Deed, along with completed Conveyance Tax Forms. Thereafter, the wife shall have exclusive possession of the real estate and shall be responsible for the payment of all mortgages, liens, taxes, and insurance, and shall indemnify and hold the husband harmless from any further liability thereunder. Within twelve (12) months from the date of this Memorandum of Decision, the wife shall either payoff or refinance the existing mortgage(s), including any HELOC, so as to remove the husband's name therefrom.
9. As to the jointly-owned real estate at 29 Lockwood Avenue, Old Greenwich, Connecticut, within thirty (30) days from the date hereof, the wife shall convey her interest therein to the husband by means of a fully-executed Quit Claim Deed, along with completed Conveyance Tax Forms. Thereafter, the husband shall have exclusive possession of the real estate and shall be responsible for the payment of all mortgages, liens, taxes, and insurance, and shall indemnify and hold the wife harmless from any further liability thereunder. Within twelve (12) months from the date of this Memorandum of Decision, the husband shall either payoff or refinance the existing mortgage(s), including any HELOC, so as to remove the wife's name therefrom.
10. The wife shall pay to the husband a lump sum property settlement in the amount of $630,000.00 as follows: Within sixty (60) days from the date of this Memorandum of Decision, the wife shall pay to the husband the sum of $210,000.00 cash, without interest, and in equal installments of $210,000.00 on January 1, 2018, and again on January 1, 2019.
11. Personal property shall be divided as follows:
A. Except as otherwise set forth herein, each party shall retain the home furnishings, including artwork and antiques (including the stained glass windows), presently located in their respective residences, free and clear of any claims by the other. In addition, within sixty (60) days from the date hereof, each party shall have duplicates made of all family photographs in their possession and provide one set of prints to the other. The cost of making duplicates shall be shared equally by the parties.
B. Each party shall be entitled to keep the automobile which they are currently driving, subject to any existing liens, loans, or leases, free and clear of any claims by the other, and each party shall cooperate with the other regarding the execution of any documentation necessary to transfer and/or register same. Specifically, the husband shall retain the Porsche Macan, and the wife shall retain her leased Mercedes.
C. Except as otherwise set forth herein, the following bank accounts shall be divided equally:
1. Wells Fargo Accounts: (#1509); (#1561); (#8186); (#5135); and (#2788).
2. Bank of America Accounts: (#0452); (#9866); and (CD #9866).
3. Chase Accounts: (#4127); (#3269); and (#6003).
4. Barclays Accounts: (#2647) and (#2448).
5. Chase Account for Strategic Solutions (#7565).
6. Standard Chrt.
D. The husband shall be entitled to retain the following items free and clear of any claims by the wife:
1. His clothing and personal effects, including all watches, rings, and other jewelry.
2. Cash value in his existing life insurance policies.
3. His Holualoa real estate limited partnerships: Camelback Mesa Partners, LLC, MSAINV, LLC; Cottonwood, LLC; Sedona, LLC; and Arroyo, LLC.
E. The wife shall be entitled to retain the following items free and clear of any claims by the husband:
1. Her clothing and personal effects, including all watches, rings, and other jewelry.
2. Cash value in her existing life insurance policies.
3. Her Holualoa real estate limited partnerships: Stapleton Hotel & Office, LLC.
12. Except as may be otherwise set forth herein, the parties Pre-January 1, 2013 Investment Accounts shall be divided equally, specifically to include the following:
A. Fidelity Accounts: ##(5515); (5507); and (8412).
B. Merrill Lynch Stock Account: #(7674).
C. IBM Account.
D. Barclays Vested Shares as of 2016.
13. Except as may be otherwise set forth herein, the parties Post-January 1, 2013 Investment Accounts shall be divided as follows:
A. The husband shall retain the following assets free and clear of any claims by the wife:
1. Chase Checking Accounts (#9895) and (#0476).
2. Schwab SEP IRA (#3912).
3. HSBC § 401(K).
4. HSBC Shares, including Restricted Shares.
5. Barclays shares vested as of January 1, 2017.
B. The wife shall retain the following assets free and clear of any claims by the husband:
1. Chase Checking (#3950).
2 Chase Savings (#9196).
3. Merrill Lynch (#2864).
4. Black Rock § 401(K) Savings Plan.
5. Black Rock Restricted Stock.
14. Except as may otherwise be set forth herein, the Retirement Assets shall be divided as follows:
A. The wife shall retain the following free and clear of any claims by the husband: Bank of America Pension Plan; Bank of America § 401(K) Plan; ING § 401(K) Plan (#9324); Fidelity SEP IRA (#7922); Fidelity Rollover IRA (#8481); and Merrill Lynch IRA (#0J20).
B. The husband shall retain the following free and clear of any claims by the wife: Inherited Charles Schwab IRA (#6299); Inherited TIAA-CREF Account; Fidelity Roth IRA (#7288); Barclays Pension; and UBS Pension.
C. Within thirty (30) days from the date of this order, the husband shall transfer to the wife, by way of a tax-free spousal transfer, fifty-five (55%) percent of the balance of both the Fidelity Individual Retirement Account (#5657) and the Fidelity Rollover (Barclays) Individual Retirement Account (#3924), valued as of the date of this Memorandum of Decision, said transfers to be made to such account or accounts as the wife may direct. The remaining balance in each account shall be retained by the husband, free and clear of any claims by the wife.
15. Except as may otherwise be set forth herein, the parties shall each be responsible for the debts as shown on their respective financial affidavits, and they shall indemnify and hold each other harmless from any further liability thereon.
16. Each party shall be responsible for their respective attorneys fees and costs incurred in connection with this action.
17. There having been a contested hearing at which the financial orders were in dispute, the financial affidavits of the parties are hereby unsealed per P.B. § 25-59A(h) .
" SCHEDULE A"
FEBRUARY 10, 2016
PARENTING PLAN, PENDENTE LITE
1. The Father and Mother shall share joint legal and physical custody of the minor children, MIHIR CHINAI, born December 28, 1999 and AARYAN CHINAI, born March 19, 2003.
2. The parties shall have parenting time with the children on the following alternating week basis:
(i) Week 1 : Except as set forth hereinafter, the children shall be with the Father from after school on Monday until the following Monday morning. The Father shall be responsible for arranging transportation on Monday morning to school or to the Mother's residence if there is no school.
(ii) Week 2 : Except as set forth hereinafter, the children shall be with the Mother from after school on Monday until the following Monday. The Mother shall be responsible for arranging transportation on Monday morning to school or to the Father's residence if there is no school.
(iii) Each parent shall be available to accept the boys on the scheduled Monday no later than 7:15 a.m. on any day when there is no school unless previously agreed to in writing.
(iv) The above alternating week schedule shall remain in effect as a default schedule unless the parties agree in writing to alter same.
3. Holidays: The goal is for both parents to have equal number of holidays with the children. The parties shall share the holidays as follows:
(i) Monday Holidays : The children shall be with the parent who has regularly scheduled parenting time on the Monday in which the holiday falls (Martin Luther King Day, President's Day, Memorial Day, Labor Day, Columbus Day);
(ii) Easter Sunday : Easter will follow normal week schedule.
(iii) Fourth of July : The Mother shall have the Fourth of July in odd numbered years commencing 2017 and the Father shall have the Fourth of July in even numbered years commencing 2016.
(iv) Thanksgiving : The parties shall alternate the Thanksgiving holiday weekend and the Mother shall have said period in odd numbered years and the Father in even numbered years. The Thanksgiving period shall be included in the parent's normal week if it falls within that parent's normal alternating week. In the event it does not fall within that parent's normal alternating week that parent shall have that week in lieu of the subsequent week which shall revert to the other parent.
(v) Christmas Break : The Christmas/New Year period will be divided equally on a one-week/one-week basis from Monday prior to Christmas to Monday following Christmas (or Christmas Day if Christmas is on a Monday) and Monday morning to the following Monday morning. The Mother shall have the first week in even numbered years and the second week in odd numbered years. The Father shall have the first week in odd numbered years and the second week in even numbered years.
(vi) Mother's Day : The children shall be with the Mother from 9:00 a.m. to 9:00 p.m. on Mother's Day;
(vii) Father's Day : The children shall be with the Father from 9:00 a.m. to 9:00 p.m. on Father's Day.
4. School Vacations :
(i) March School Vacation: The parties shall equally divide the two-week Spring vacation period and each shall have the week that coincides with the normal alternating week schedule.
(ii) Summer School Vacation : The parties shall have two consecutive weeks starting from the middle of June, July and August, commencing Monday morning. The Mother shall have the third and fourth weeks in June to start the two-week cycle in even numbered years commencing 2016. The Father shall have the third and fourth week in June to start the two-week cycle in odd number of years commencing 2017. In the event the residential parent is in town, the non-residential parent shall be allowed one night dinner access per week on a weekday Monday through Thursday.
The Holiday and Vacation schedules set forth in paragraphs 3 and 4 shall supersede the regular alternating weekend parenting schedule. The goal is for both parents to have approximately equal number of weeks with the children.
5. The parties shall exert every effort to promote free access and unhampered contact between the children and each of the parties and to foster a feeling of affection between the children and the parties hereto. Each party shall exert his and her best efforts to refrain from doing anything to estrange the children from the other party, or to disparage the opinion of the children as to their Mother or Father, or to act in such a way as to hamper the free and natural development of love and respect between parent and child. More specifically, neither parent shall permit the children to access their dwelling during the other parent's parenting time other than to retrieve personal belongings unless otherwise agreed upon by the parties. Neither parent shall appear at the other parent's residence without advance written notice and written confirmation from the residential parent. Written confirmation shall be by email or text. All communications herein shall be directly parent to parent only.
6. Any and all major decisions affecting the health, welfare, education, guidance, discipline or other aspect of the upbringing of the children shall be made with equal participation and involvement of both parents with a view to arriving at a harmonious policy calculated to promote the best interest of the children. " Major decisions" shall be defined as those key issues affecting the children's health, major medical treatment, psychotherapy, psychoanalysis or like treatment, non-emergency and non-routine health care, living arrangements, extent of travel away from home, lessons, education, extracurricular activities, choice of camps, choice of colleges, part-or full-time employment, purchase and operation of a motor vehicle, contraception and sex education, religious upbringing, major purchases by either parent, and decisions relating to actual or potential litigation involving the child(ren) directly or as a beneficiary, other than custody.
7. Except as set forth in paragraph 14, hereinafter, extracurricular activities will be considered as varied repetitive activities (e.g., sports, lessons of various sorts, interests and clubs, community services, music, theatre etc. The parties shall jointly decide which activities will be selected and both parents will support involvement in these activities during routine parenting responsibility time, recognizing on occasion there may be a need to cancel an activity on any given day (e.g., family obligation, competing event, illness, etc.) which shall be made by the residential parent. The residential parent is responsible on a best effort basis for arranging transportation, including seeking assistance from the other party or third party. Neither parent will undermine the activity or the role of the other parent regarding agreed-upon activities. The parties agree the children shall not attend extracurricular activities on Mother's Day, June 1st and Dewali holiday.
8. When the children are with the Mother she shall be responsible for all day-to-day decisions pertaining to the children. When the children are with the Father, he shall be responsible for all day-to-day decisions pertaining to the children. The parties shall respect the differences of each other's parenting style and not attempt to make day to day parental decisions during the other parent's time.
9. Each parent must inform the other parent of major health issues with the children. Promptly upon receipt, each of the parties shall furnish the other copies of any reports from third persons or institutions concerning the health, education or welfare of the children. The parent in charge shall be responsible for insuring that the children meet their normal obligations such as homework.
10. The parties shall have reasonable access to the children for the purpose of communication while they are with the other party, including free access by mail, e-mail and free access by telephone during reasonable hours of the day and evening. Each party shall exercise parenting time with the children in the home of the other only with the prior express consent of that person.
11. If during either party's parenting time a caregiver or relative is in charge of the children that caregiver or relative will be instructed to immediately notify both parents in the event of any medical condition and/or emergency related to the children.
12. Both parties shall be entitled to attend the children's school and sports events, parent/teacher conferences, and other public events involving the children.
13. The parties shall attend three (3) joint sessions with Dr. Jeffrey Zimmerman, Ph.D. to assist in communication regarding the implementation of this agreement. The parties shall equally pay the costs incurred for these sessions.
14. Notwithstanding paragraph 7, the parties herein acknowledge that they have a disagreement regarding the number of sports either son can participate in at one time, including school and travel sport teams, and that they will present this issue for a determination by the court.