Florida Answer and Counter Petition with kids

IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT, IN AND FORSelect your countyAlachuaBakerBayBradfordBrevardBrowardCalhounCharlotteCitrusClayCollierColumbiaDeSotoDixieDuvalEscambiaFlaglerFranklinGadsdenGilchristGladesGulfHamiltonHardeeHendryHernandoHighlandsHillsboroughHolmesIndian RiverJacksonJeffersonLafayetteLakeLeeLeonLevyLibertyMadisonManateeMarionMartinMiami-DadeMonroeNassauOkaloosaOkeechobeeOrangeOsceolaPalm BeachPascoPinellasPolkPutnamSanta RosaSarasotaSeminoleSt. JohnsSt. LucieSumterSuwanneeTaylorUnionVolusiaWakullaWaltonWashington COUNTY, FLORIDA

Case No.: Division::

Husband,

and

Wife,

ANSWER TO PETITION AND COUNTERPETITION FOR DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN)

I, {full legal name} Respondent, being sworn, certify that the following information is true:

ANSWER TO PETITION

1.	I agree with the allegations raised in the following numbered paragraphs in the Petition and, therefore,admit those allegations: {indicate section and paragraph number}

2.	I disagree with the allegations raised in the following numbered paragraphs in the Petition and, therefore, deny those allegations: {indicate section and paragraph number}

3.	I currently am unable to admit or deny the following paragraphs due to lack of information: s{indicate section and paragraph number}

COUNTERPETITION FOR DISSOLUTION OF MARRIAGE WITH MINOR CHILD(REN)

1.	JURISDICTION/RESIDENCE Husband Wife Both has (have) lived in Florida for at least 6 months before the filing of this Petition for Dissolution of Marriage.

2.	Husband is or is not a member of the military service.

Wife is or is not a member of the military service.

3	MARRIAGE HISTORY

Date of marriage: {month, day, year} Date of separation:{month, day, year} _( Indicate if approximate) Place of marriage: {county, state, country}_

4.	DEPENDENT OR MINOR CHILD(REN)[Indicate all that apply]

a.	The wife is pregnant. Baby is due on: {date}.

b.	The minor (under 18) child(ren) common to both parties are:

Name	Birth Date

c.	The minor child(ren) born or conceived during the marriage who are not common to both parties are:

Name	Birth Date

The birth father(s) of the above minor child(ren) is (are) {name and address}

d.	The child(ren) common to both parties who are 18 or older but who are dependent upon the parties due to a mental or physical disability are:

Name	Birth Date

5.	A completed Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit Florida Supreme Court Approved Family Law Form 12.902(d), is filed wit this counterpetition. (You must complete and attach this form in a dissolution of marriage with minor child(ren).

6.	A completed Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j), is filed with this counterpetition.

7.	A completed Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c) is filed or will be timely filed.

8.	This counterpetition for dissolution of marriage should be granted because:

a.	The marriage is irretrievably broken.

OR One of the parties has been adjudged mentally incapacitated for a period of 3 years prior to the filing of this counterpetition. A copy of the Judgment of Incapacity is attached

SECTION I. MARITAL ASSETS AND LIABILITIES

1.	There are no marital assets or liabilities.

1.	There are marital assets or liabilities. All marital and nonmarital assets and liabilities are (or will be) listed in the financial affidavits, Florida Family Law Rules of Procedure Form 12.902(b) or (c), to be filed in this case.[Indicate all that apply]

a.

All marital assets and liabilities have been divided by a written agreement between the parties, which is attached to be incorporated into the final judgment of dissolution of marriage. (The parties may use Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.902(f)(1)).

b.	The Court should determine how the assets and liabilities of this marriage are to be distributed, under section 61.075, Florida Statutes

c.	Husband Wife should be awarded an interest in the other spouse’s property because:

c.

SECTION II. SPOUSAL SUPPORT (ALIMONY)

1.	Husband Wife forever gives up his/her right to spousal support (alimony) from the other spouse.

OR

2.

Husband _Wife requests that the Court order the other spouse to pay the following spousal support (alimony) and claims that he or she has an actual need for the support that he or she is requesting and that the other spouse has the ability to pay that support. Spousal support (alimony) is requested in the amount of $ every week

other week month, beginning {date} and continuing until {date or event}

{Explain why the Court should order Husband Wife to pay, and any specific request(s) for type of alimony (temporary, permanent, bridge-the-gap, durational, rehabilitative, and/or lump sum}):

3.	Other provisions relating to alimony including any tax treatment and consequences:

4.	Husband Wife requests life insurance on the other spouse’s life, provided by that spouse, to secure such support.

SECTION III. PARENTING PLAN ESTABLISHING PARENTAL RESPONSIBILITY AND TIME-SHARING

1.	The minor child(ren) currently reside(s) with Mother Father Other: {explain}

2.	Parental Responsibility. It is in the child(ren)’s best interests that parental responsibility be: [Choose only one]

a.	shared by both Father and Mother.

OR

b.	awarded solely to Father Mother. Shared parental responsibility would be detrimental to the child(ren) because:

3.

Parenting Plan and Time-Sharing.It is in the best interests of the child(ren) that the family be ordered to comply with a Parenting Plan that includes does not include parental time-sharing with the child(ren). The Husband Wife states that it is in the best inter ests of the child(ren) that:[Choose only one]

a.	The attached proposed Parenting Plan should be adopted by the court. The parties have have not agreed to the Parenting Plan.

b.	The court should establish a Parenting Plan with the following provisions: No time- sharing for the Father Mother. Limited time-sharing with the Father Mother.

Supervised time-sharing for the Father Mother.

Supervised or third-party exchange of the child(ren).

Time-sharing as follows:

Explain why this request is in the best interests of the child(ren):

SECTION IV. CHILD SUPPORT [Indicate all that apply]

1.

Husband Wife requests that the Court award child support as determined by Florida’s child support guidelines, section 61.30, Florida Statutes. A completed Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e), is, or will be filed. Such support should be ordered retroactive to:

a.	the date of separation {date}

b.	the date of the filing of this petition.

c.	other {date} {explain}

2.	Husband Wife requests that the Court award child support to be paid beyond the age of 18 years because:

a.	the following child(ren) {name(s)} is (are) dependent because of a mental or physical incapacity which began before the age of 18. {explain}

b.	the following child(ren) {name(s)} is (are) dependent in fact; is (are) in high school, and are between the ages of 18 and 19; said child(ren) is (are) performing in good faith with reasonable expectation of graduation before the age of 19

3.

Husband Wife requests that the Court award a child support amount that is more than or less than Florida’s child support guidelines and understands that a Motion to Deviate from Child Support Guidelines, Florid a Supreme Court Approved Family Law Form 12.943, must be filed before the Court will consider this request.

4.	Husband Wife requests that medical/dental insurance for the minor child(ren) be provided by:[Choose only one]

a.

Husband

b.

Wife

5.	Husband Wife requests that uninsured medical/dental expenses for the child(ren) be paid:[Choose only one]

a.	by Husband.

b.

Wife

c.	by Husband and Wife each paying one-half.

d.	according to the percentages in the Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e).

e.	Other {explain}:

6.	Husband Wife requests that life insurance to secure child support be provided by:

a.

Husband

b.

Wife

c.

Both

SECTION V. OTHER

1.	Wife requests to be known by her former name, which was {full legal name} :

2.	Other relief {specify}: :

SECTION VI. REQUEST

(This section summarizes what you are asking the Court to include in the final judgment of dissolution of marriage.)

I request that the Court enter an order dissolving the marriage and: [Indicate all that apply]

1.	distributing marital assets and liabilities as requested in Section I of this petition;

2.	awarding spousal support (alimony) as requested in Section II of this petition;

3.	adopting or establishing a Parenting Plan containing provisions for parental responsibility and time-sharing for the dependent or minor child(ren) common to both parties, as requested in Section III of this petition;

4.	establishing child support for the dependent or minor child(ren) common to both parties, as requested in Section IV of this petition;

5.	restoring Wife’s former name as requested in Section V of this petition;

6.	awarding other relief as requested in Section V of this petition; and any other terms the Court deems necessary.

I certify that a copy of this document was () mailed () faxed and mailed ( ) e-mailed () hand-delivered to the person(s) listed below on {date} .

Other party or his/her attorney:

Printed Name: Address: City,State,Zip: Fax Number: Designated E – mail Address(es):

I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this answer and counterpetition and that the punishment for knowingly making a false statement includes fines and/or imprisonment.

Signature of HUSBAND WIFE Printed Name: Address: City,State,Zip: Fax Number: Designated E – mail Address(es):

STATE OF FLORIDA COUNTY OF

Sworn to or affirmed and signed before me on bY

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:[fill in all blanks]

 

This form was prepared for the: {choose only one} ( ) Petitioner ( ) Respondent.This form was completed with the assistance of:

{name of individual}

{name of business}

{address}

{city}

{state}

{telephone number}

IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT,
IN AND FORSelect your countyAlachuaBakerBayBradfordBrevardBrowardCalhounCharlotteCitrusClayCollierColumbiaDeSotoDixieDuvalEscambiaFlaglerFranklinGadsdenGilchristGladesGulfHamiltonHardeeHendryHernandoHighlandsHillsboroughHolmesIndian RiverJacksonJeffersonLafayetteLakeLeeLeonLevyLibertyMadisonManateeMarionMartinMiami-DadeMonroeNassauOkaloosaOkeechobeeOrangeOsceolaPalm BeachPascoPinellasPolkPutnamSanta RosaSarasotaSeminoleSt. JohnsSt. LucieSumterSuwanneeTaylorUnionVolusiaWakullaWaltonWashington COUNTY, FLORIDA

Case No:
(If you don’t have this information yet, leave it blank)
Division:
(If you don’t have this information yet, leave it blank)

Petitioner,
and
Respondent.

 

Employment Information

If you have a different pay period than the choices given below, or your pay varies (for instance if you have more than one job and different pay periods), estimate your total average pay as closely as possible and convert it to a monthly pay amount. Enter it here as monthly.

If you are unemployed, check the box and explain on a separate sheet your efforts to find employment.

 

SECTION I. PRESENT MONTHLY GROSS INCOME
Attach extra sheets to your printed form, if needed to cover extra items and
descriptions. Items included under “other” should be listed separately with
separate dollar amounts. Where you calculate amounts, make sure and use MONTHLY
amounts for all the following sections, unless otherwise noted.
The online form makes conversions between other pay periods to monthy, as far as
possible.

1. Monthly gross salary or wages	1. $ 0
2. Monthly bonuses, commission, allowances, overtime, tips and similar payments	2. $
3. Monthly business income from sources such as self-employment, partnerships, close corporations, and/or independent contracts (gross receipts minus ordinary and necessary expenses required to produce income) (Attach sheet itemizing such income and expenses.)	3. $
4. Monthly disability benefits/SSI received	4. $
5. Monthly Workers’ Compensation received	5. $
6. Monthly Unemployment Compensation received	6. $
7. Monthly pension, retirement, or annuity payments received	7. $
8. Monthly Social Security Benefits received	8. $
9. Monthly Alimony payment actually received      9a. From this case: $ 9b. From other case(s): $	9. $ 0
10. Monthly interest and dividends received	10. $
11. Monthly rental income (gross receipts minus ordinary and necessary expenses required to produce income) (Attach sheet itemizing such income and expense items.)	11. $
12. Monthly income from royalties, trusts, or estates	12. $
13. Monthly reimbursed expenses and in-kind payments to the extent that they reduce personal living expenses	13. $
14. Monthly gains derived from dealing in property (not including nonrecurring gains)	14. $
15. Any other income of a recurring nature (list source)	15. $
16. Any other income of a recurring nature (list source)	16. $
17. PRESENT MONTHLY GROSS INCOME TOTAL:	17.  $ 0.00

SECTION I. PRESENT MONTHLY DEDUCTIONS

18. Federal, state and local income tax (corrected for filing status and allowable dependents and income tax liabilities) Add up your adjusted tax totals from your current IRS, State and local returns. Do not convert to monthly $    a. Filing StatusMarried, filing jointlyMarried, filing singleSingleHead of HouseholdQualifying Widow(er)Didn’t file b. Number of dependents claimed	18. $ 0.00 /month
19. FICA or self-employment taxes Amount listed on your most recent pay stub:	19. $ 0 /month
20. Medicare payments Amount listed on your most recent pay stub:	20. $ /month
21. Mandatory union dues Amount listed on your most recent pay stub:	21. $ /month
22. Mandatory retirement payments Amount listed on your most recent pay stub:	22. $ /month
23. Employer health  insurance payments, including dental insurance. Exclude portion paid for any minor children of this relationship, or insurance not provided by your employer. Amount listed on your most recent pay stub:	23. $ /month
24. Monthly court-ordered child support actually paid for children from another relationship	24. $ /month
25. Monthly court-ordered alimony actually paid      25a. From this case: $ /month 25b. From other case(s): $ /month	25. $ 0 /month
26. TOTAL DEDUCTIONS ALLOWABLE UNDER SECTION 61.30, FLORIDA STATUTES (Add lines 18 through 25):	26. $
PRESENT NET MONTHLY INCOME :	26. $

SECTION II. AVERAGE MONTHLY EXPENSES

A. HOUSEHOLD: Mortgage or rent $ Property taxes $ Utilities $ Telephone $ Food $ Meals outside home $ Maintenance/Repairs $ Other $ B. AUTOMOBILE: Gasoline $ Repairs $ Insurance $ C. CHILD(REN)’S EXPENSES: Day Care $ Lunch Money $ Clothing $ Grooming $ Gifts for holidays $ Medical/Dental (uninsured) $ Other $ D. INSURANCE: Medical/Dental (Do not include insurance deductions from your paycheck) $ Children(ren)’s medical/dental $ Life $ Other $

E. OTHER EXPENSES NOT LISTED ABOVE: Clothing $ Medical/Dental (uninsured) $ Grooming $ Entertainment $ Gifts $ Religious Organizations $ Miscellaneous $ Other $ Other  $  Other $  Other $  Other $  Other $  Other $ F. PAYMENTS TO CREDITORS: Creditor Monthly Payment  1. $  2. $  3. $  4. $  5. $  6. $  7. $  8. $  9. $  10. $  11. $  12. $

28. TOTAL MONTHLY EXPENSES 28. $

SUMMARY

29. TOTAL PRESENT MONTHLY NET INCOME (from line 27 of SECTION I. INCOME)	29. $ 0
30. TOTAL MONTHLY EXPENSES (from line 28 above)	30. $ 0.00
31. SURPLUS (if line 29 is more than line 30, subtract line 30 from line 29. This is the amount of your surplus. Enter that amount here.)	31. $
32. (DEFICIT) (if line 29 is less than line 30, subtract line 29 from line 30. This is the amount of your deficit. Enter that amount here.)	$ ()

SECTION III. ASSETS AND LIABILITIES
Use the nonmarital column only if this is a petition for dissolution of marriage and you believe an item is “nonmarital,” meaning it belongs to only one of you and should not be divided. You should indicate to whom you believe the item(s) or debt belongs. (Typically, you will only use this column if property/debt was owned/owed by one spouse before the marriage. See the “General Information for Self-Represented Litigants” found at the beginning of these forms and section 61.075(1), Florida Statutes, for definitions of “marital” and “nonmarital” assets and liabilities.)

A. ASSETS:

butInfo

Description of Items. List a description of each separate item owned by you (and/or your spouse, if this is a petition for dissolution of marriage). LIST ONLY LAST 4 DIGITS OF ACCOUNT NUMBERS. Check the box next to any asset(s) which you are requesting the judge award to you.	Current Fair Market Value	husband (Don’t check this column except for separate, non-marital items)	wife (Don’t check this column except for separate, non-marital items)
Cash (on hand)	$
Cash (in banks or credit unions)	$
Stocks, Bonds, Notes	$
Real Estate (Home)	$
Real Estate (Other)	$
Automobiles	$
Other personal property	$
Retirement plans (Profit Sharing, Pension, IRA, 401(k)s, etc.)	$
Other	$
	$
	$
	$
	$
	$
	$
check here if additional pages are attached
Total Assets	$0.00

B. LIABILITIES (DEBTS):

DESCRIPTION OF ITEM(S). List a description of each separate debt owed by you (and/or your spouse, if this is a petition for dissolution of marriage). LIST ONLY LAST 4 DIGITS OF ACCOUNT NUMBERS. Check the line next to any debt(s) for which you believe you should be responsible.	Current Amount Owed	husband (Don’t check this column except for separate, non-marital items)	wife (Don’t check this column except for separate, non-marital items)
Mortgages on real estate: First mortgage on home	$
Second mortgage on home	$
Other mortgages	$
	$
Auto loans	$
	$
Charge/credit card accounts	$
	$
	$
	$
Other	$
	$
	$
	$
check here if additional pages are attached
Total Debts	$0.00

C. CONTINGENT ASSETS AND LIABILITIES:
INSTRUCTIONS: If you have any POSSIBLE assets (income potential, accrued vacation or sick leave, bonus, inheritance, etc.) or POSSIBLE liabilities (possible lawsuits, future unpaid taxes, contingent tax liabilities, debts assumed by another), you must list them here.

Contingent AssetsCheck the box next to any asset(s) which you are requesting the judge award to you.	Possible Value	husband(Don’t check this column except for separate, non-marital items)	wife(Don’t check this column except for separate, non-marital items)
	$
	$
Total contingent Assets	$0.00

Contingent LiabilitiesCheck the box next to any asset(s) which you believe you should be responsible.	Possible Amount Owed	husband(Don’t check this column except for separate, non-marital items)	(Don’t check this column except for separate, non-marital items) wife
	$
	$
Total contingent Liabilities	$0.00