Family Case Response And Counterclaim (With Children) {CAO FL 3-5}

FAMILY CASE RESPONSE AND COUNTERCLAIM (WITH CHILDREN) PAGE 1 CAO FL 3-5 04/01/2018 Full Name of Party Filing Document Mailing Address (Street or Post Office Box) City, State and Zip Code Telephone Email Address (if any) IN THE DISTRICT COURT FOR THE JUDICIAL DISTRICT FOR THE STATE OF IDAHO, IN AND FOR THE COUNTY OF , Petitioner, vs. , Respondent. Case No. FAMILY CASE RESPONSE AND COUNTERCLAIM (WITH CHILDREN) Fee Categories: Filing Fee: $ (Your name) , for his/her Response to the , states: 1. I completely agree with and admit the following paragraphs (list each paragraph number): 2. I admit the portion of paragraph , that states: and I deny everything else in that paragraph. 3. I admit the portion of paragraph , that states: American LegalNet, Inc. www.FormsWorkFlow.com FAMILY CASE RESPONSE AND COUNTERCLAIM (WITH CHILDREN) PAGE 2 CAO FL 3-5 04/01/2018 and I deny everything else in that paragraph. 4. I deny the following paragraphs because I do not have enough information to admit or deny them (list each paragraph number): 5. I completely disagree with and deny everything I do not admit. 6. The following child/ren under the age of 18, or 19 and still pursuing a high school education, was/were born to or adopted by the parties: Name Date of Birth Current Address Wife is not now pregnant. Wife is now pregnant with a child expected to be born 7. Our child/ren have lived with the following persons in the following places within the last five years: Name of Person City and State Time Period (mm/yr 226 mm/yr) Child222s Name if not all children American LegalNet, Inc. www.FormsWorkFlow.com FAMILY CASE RESPONSE AND COUNTERCLAIM (WITH CHILDREN) PAGE 3 CAO FL 3-5 04/01/2018 The names and current addresses of each non-parent our children have lived with during the last 5 years are: 8. I have not participated as a party or witness, in a different case involving our child/ren. or I have participated as a party or witness in the following different case involving our children (provide all specifics including the parent222s name, the state, the court, the case number and the date of the child custody order, if any): 9. I do not know of a different case that could affect our child/ren. or The following different case could affect our child/ren (provide all specifics including the parent222s name, the state, the court, the case number and the nature of the proceeding): 10. Other than the parents, no one has or claims custody or visitation rights with our child/ren. or In addition to the parents, the following person/s have or claim custody or visitation for our child/ren (list names and addresses): 11. I want the Petition dismissed. AFFIRMATIVE DEFENSE(S). (State each affirmative defense that applies in a separate paragraph - see I.R.F.L.P. 208(C)) American LegalNet, Inc. www.FormsWorkFlow.com FAMILY CASE RESPONSE AND COUNTERCLAIM (WITH CHILDREN) PAGE 4 CAO FL 3-5 04/01/2018 COUNTERCLAIM. The Respondent/Counterclaimant says: 1. Residence of the Parties. I am now and have been a resident of the state of Idaho for at least six (6) full weeks prior to the filing of this action. Respondent is currently a resident of the State of . 2. Marriage of the Parties. The parties were married at (city) , (state) on (month, day, year) , and are still married. 3. Grounds for Divorce. Irreconcilable differences exist between the parties. 4. Minor Child/ren of the Parties. The following child/ren under the age of 18 years, or 19 years and still pursuing a high school education, was/were born to or adopted by the parties: Name Date of Birth Current Address Wife is not pregnant. Wife is pregnant with a child expected to be born . 5. UCCJEA Jurisdiction. This court has jurisdiction to determine custody of our child/ren under the Uniform Child Custody Jurisdiction and Enforcement Act, Idaho Code 247 32-11-101, et seq., because each child has resided in Idaho for at least six consecutive months before the filing of this Petition or for their entire life if they are less than six months of age. a. Living Arrangements Last 5 years. Our child/ren have lived with the following persons in the following places within the last five years: American LegalNet, Inc. www.FormsWorkFlow.com FAMILY CASE RESPONSE AND COUNTERCLAIM (WITH CHILDREN) PAGE 5 CAO FL 3-5 04/01/2018 Name of Person City and State Time Period (mm/yr- mm/yr) Child222s Name if not all children The names and current addresses of each non-parent our children have lived with during the last 5 years are: b. Participation in Other Cases. I have NOT participated as a party or witness, in a different case involving our child/ren. or I have participated as a party or witness in the following different case involving our child/ren (provide all specifics including the parent222s name, the state, the court, the case number and the date of the child custody order, if any): c. Other Cases Affecting Child/ren. I do NOT know of a different case that could affect our child/ren. or The following different case that could affect our child/ren (provide all specifics including the parent222s name, the state, the court, the case number and the nature of the proceeding): d. Custody/Visitation. Other than the parents, no one has or claims custody or visitation rights with our child/ren. or In addition to the parents, the following person/s have or claim custody or visitation for our child/ren (list names and addresses): 6. Legal Custody. It is in the best interest of our child/ren that we be awarded joint legal custody. or It is in the best interest of our child/ren that (name) be awarded sole legal custody of the child/ren because American LegalNet, Inc. www.FormsWorkFlow.com FAMILY CASE RESPONSE AND COUNTERCLAIM (WITH CHILDREN) PAGE 6 CAO FL 3-5 04/01/2018 7. Physical Custody. It is in the best interest of our child/ren that we be awarded joint physical custody of our child/ren on the terms and as described in the Parenting Plan attached as Schedule A. or as follows: or (name) should be awarded sole physical custody of our child/ren because and (name) should spend time with our child/ren as follows: 8. Child Support. a. Existing Child Support Orders. Is there a child support order for any of the child/ren listed in paragraph 4? No. (Skip to section 9. below) Yes. If Yes, provide the following information about the child support order(s): State County Court Case Number Date of order, judgment, or decree b. Change in Child Support. Do you want to change the amount of child support? No. I ask for it to continue. (If the order was from a different case please attach a copy of that order, judgment, or decree as Schedule B, skip to section 10.) American LegalNet, Inc. www.FormsWorkFlow.com FAMILY CASE RESPONSE AND COUNTERCLAIM (WITH CHILDREN) PAGE 7 CAO FL 3-5 04/01/2018 Yes. The amount of child support should be changed and the judgment issued by this Court should control. (If the order was from a different case you may have to file a Motion to Consolidate to avoid having multiple child support orders.) NOTE: Complete all of Section 9. below to change child support. c. Reasons for Changing Child Support. The following substantial and material changes since the date of the last Order, Judgment or Decree have occurred. (check all boxes that apply): The custodial arrangement. The gross annual income of one or both parents. A parent is providing medical insurance. The parent claiming the tax dependency exemption should be changed. (other reason) 9. a. Child support should be paid by (name of parent who will pay support) in the amount of $ per month, based on the Idaho Child Support Guidelines. This is based on the Affidavit Verifying Income and Child Support Worksheet(s) attached as 223Schedule B224. (see Recommended Adjusted support in the worksheet) or Instead I ask that child support should be paid by (full name of parent who will pay support): in the amount of $ per month, because: (Attach Affidavit Verifying Income and Child Support Worksheet(s) as Schedule B.) b. Effective Date and Duration. Child support payments should begin (select one option): the month after petition is filed. or the month after the Decree is signed. Child support should con