COMPLETING FORM CAO 3-3: FAMILY CASE ANSWER AND COUNTERCLAIM [With Minor Child/ren] 7/29/2005 [REMOVE THESE INSTRUCTION PAGES BEFORE FILING] Talk to an attorney, if possible. WARNING: When you represent yourself in a court case you are held to the same standard as an attorney. This applies to your preparation of paperwork and your conduct at all hearings and/or trial. Your lack of legal knowledge may cause you to make serious errors in handling your case. These instructions are not a substitute for legal advice. The laws and court rules are complex and following these instructions will not guarantee that your rights are protected or that you will be satisfied with the result. You should always talk to a lawyer about your legal problems before filing any legal paperwork. Even if you do not hire a lawyer to appear in your case, you may be able to find a lawyer to review your paperwork or give you more information about your rights. Call the Idaho State Bar (208-334-4500) to provide you with the name of an attorney who handles this type of case. Contact the Court Assistance Office for information about resources for low-income people. YOU WILL BE SIGNING A SWORN STATEMENT THAT YOU HAVE READ THE ANSWER AND COUNTERCLAIM, KNOW WHAT THEY SAY, AND BELIEVE THEY ARE TRUE. TO GUARANTEE THE TRUTHFULNESS OF THAT STATEMENT, BE SURE TO READ THE ENTIRE COMPLETED FORM. You may be responding to (answering) a Complaint, Petition, Counterclaim, Motion to Modify or a document with some other name. The procedure for responding is the same. To simplify these instructions, we will use the term “Complaint” in referring to the document you are answering. Before you begin: Use this form only if you disagree with the division of property and debts, the support calculations or the parenting schedule proposed by your spouse in the Complaint. Note: If you want the court to order different grounds for the divorce or if you want to request spousal maintenance (alimony), or you want to divide retirement accounts, you should contact an attorney. Instructions Fill in the forms by typing or by printing neatly and legibly in black ink. If you are working on a computer, you may delete the optional sections you don’t need and renumber the remaining sections, or type in “none” if a section doesn’t apply. The documents have a boldface “or” at the start of optional sections. If the section does not contain a boldface “or” it is necessary and you should type in the appropriate information (which might be the word “none”). Always keep a copy of the completed form for your records. At the top left-hand corner of page 1, fill in your full legal name, mailing address and telephone number. The Court Heading. Fill in the county and judicial district in capital letters (for example, “IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT IN AND FOR THE COUNTY OF ADA”) as they appear on the Complaint that you were served. FAMILY CASE ANSWER AND COUNTERCLAIM PAGE 1 CAO 3-3 Revised 7/29/2005 American LegalNet, Inc. www.USCourtForms.com The Caption. Fill in your full legal name in the caption above “Defendant” and fill in your spouse’s full legal name above “Plaintiff”, exactly as they appear on the Complaint. The Case No. Write in the case number shown on the Complaint. The Court Heading, Caption and Case Number will be the same on all other documents you prepare for this case. Completing the ANSWER Portion of the Form: Review the complaint carefully. You must admit or deny each paragraph in the Complaint individually. If you can only admit some of the facts in any paragraph, you must state specifically which facts you admit and which facts you deny. Paragraph 1: Decide which specific numbered paragraphs of the Complaint you completely agree with. Fill in those paragraph numbers, letters, or Roman numerals (as used in the Complaint). If you can only admit some of the facts in any paragraph, you must state specifically which facts you admit. Paragraph 2: Decide which specific paragraphs of the Complaint you completely disagree with. Fill in those paragraph numbers, letters, or Roman numerals (as used in the Complaint). If you only deny some of the facts in any paragraph, you must state specifically which facts you deny. Paragraph 3: Decide which paragraphs of the Complaint you have too little information or knowledge to evaluate. Fill in those paragraph numbers, letters, or Roman numerals (as used in the Complaint). If the information is something you can easily find out, you should try to find out before you deny it. Paragraph 4 & 5: If you disagree with only some portions of a paragraph in the Complaint, check the box and state the paragraph number, letter or Roman numeral (as used in the Complaint) plus specifically what you deny. Paragraph 6: is a general denial of any statements made in the Complaint that you did not specifically deny. There is a prayer portion of the Complaint that you do not have to specifically answer. It usually starts with ”Wherefore Plaintiff prays for judgment as follows:” You do not have to answer any of the numbered paragraphs in the prayer of the Complaint. Completing the COUNTERCLAIM Portion of the Form: NOTE: In the Counterclaim section of the document, you are still the Defendant in this action, but you may also be referred to as the “Counterclaimant” and your spouse, the Plaintiff, may be referred to as the “Counterdefendant”. 1. Residence of the Parties. Fill in the state where you live and the state where your spouse lives. Check the box if you have resided in the State of Idaho for at least six weeks prior to the date you will file the Counterclaim. FAMILY CASE ANSWER AND COUNTERCLAIM PAGE 2 CAO 3-3 Revised 7/29/2005 American LegalNet, Inc. www.USCourtForms.com 2. Marriage of Parties. Fill in the city and state (or country if you were married outside the USA) and the month, day and year of your marriage. 3. Grounds for Divorce. This paragraph states the reason for the divorce is irreconcilable differences. If you want to state other grounds for the divorce, you should talk to an attorney. 4. Minor Child/ren of the Parties. Fill in the name and date of birth for each minor child and the city and state where each child has lived for the last five years. WARNING: If any of your children have not resided in Idaho for at least six uninterrupted months before the filing of the Complaint (or for their entire lives if they are less than six months of age), the Idaho court may lack authority (“jurisdiction”) to determine custody of that child. In that event you should talk to an attorney to determine if there may be other grounds for jurisdiction under Idaho’s laws. • Check the first box if Wife is NOT now pregnant or • Check the second box if Wife IS now pregnant with Husband’s child and o Fill in the expected date of birth for the child. (A Modification will need to be filed after the birth of the child to establish custody and child support.) 5. UCCJEA Jurisdiction. This is your statement that each child has resided in Idaho for at least the past 6 uninterrupted months. Additionally, you are required to inform the court if there have been any other cases involving your child/ren in any other court, or if there are any other people claiming custody or visitation rights with the child/ren. In paragraphs 5a, b, c and d, provide all requested information or write “none” 6. Legal Custody. “Joint legal custody” means the parents are required to share the decisionmaking rights, responsibilities and authority relating to the health, education and general welfare of the child/ren. The court will award joint legal custody unless you can prove it would not be in the best interest of the minor child/ren for the other parent to share the decisionmaking rights. • Check the first box if both parents are fit persons to share the decision-making rights, responsibilities and authority relating to the health, education and general welfare of the child/ren, or • Check the second box if you are declaring that one parent should have sole legal custody of the child/ren, and o Write in the name of the parent who should be awarded sole legal custody and State why the other parent should NOT be allowed to share legal custody. 7. Physical Custody. "Joint physical custody" means each parent has frequent and continuing contact with the child/ren. With joint physical custody each parent has significant periods of time in which a child resides with or is under his/her care and supervision. The parenting time is not necessarily 50/50, and the child/ren does not necessarily alternate back and forth between the parents. The court will award joint physical custody unless you can prove it would not be in the best interest of the minor child/ren to spend time with each parent on a regular basis. • Check the first box if both parents should be given physical custody of the child/ren and o Complete the Parenting Plan. (Both parents may sign the Parenting Plan, but it is not required.) Write Exhibit A on the bottom of the first page of the Parenting Plan and FAMILY CASE ANSWER AND COUNTERCLAIM PAGE 3 CAO 3-3 Revised 7/29/2005 American LegalNet, Inc. www.USCourtForms.com attach (staple) it to the Complaint. IMPORTANT: The Parenting Plan must be attached to make it a part of the Complaint. Make an extra copy of the Parenting Plan to attach (staple) to the Decree of Divorce. • • • or Check the second box if you are asking the court to award sole physical custody of the child/ren to only one parent and Write in the name of the parent who should be awarded sole physical custody and State why the other parent should NOT be given periods of time when the child/ren resides with or is under his/her care and supervision. o If you want the court’s order to give the other parent restricted or conditional time with the child/ren, write in the parent’s name and write in the terms and conditions of the other parent’s time with the child/ren. 8. Child Support. If there is already an order signed by a judge, for example in a case filed by the Department of Health & Welfare, that sets the correct amount of child support, check the first box. • Make a copy of that Order, mark it as Exhibit B and attach (staple) it to this Complaint. WARNING: You should be aware that jurisdiction as to child support is a complicated issue and you should seek the advice of an attorney with respect to continuing jurisdiction and venue if the child support order . or If there is NOT a child support order, check the second box. You will first need to complete an Affidavit Verifying Income and a Child Support Worksheet. A Court Assistance Officer will be able to help you generate these documents if you provide the required information. The Child Support Worksheet will be used to complete this section. Note: If you want the court to enter a support amount that is different from the Idaho Child support Guidelines amount, you must come to court for a court hearing and persuade a judge why that is in the best interests of your children and meets their financial needs. • Write in the name of the parent who will pay child support and the total monthly amount (the base amount of support plus or minus any adjustments). Adjustments may include a pro rata sharing of work-related childcare, medical, dental, and/or optical insurance premiums, and/or tax benefits. Note: Section 8 of the Idaho Child Support Guidelines addresses these adjustments. o Fill in the Base Amount of child support. o Check the appropriate boxes and fill in the amount of any adjustments. • If you have more than one minor child, check the box. You will need to have a separate calculation to reflect the changed amount of support as each child is no longer eligible for support under Idaho law. Fill in the total amount of child support, as calculated according to the Idaho Child Support Guidelines. • Attach (staple) your Affidavit Verifying Income and Support Worksheet(s) to the Complaint, marking each as Exhibit B. Extended Visits. If the child/ren lives in the home of one parent at least 75% of the time, you can adopt either or both of the next two paragraphs of the form. If the child/ren spends more than 25% of the overnights in a year with each parent (shared physical custody), put N/A in the FAMILY CASE ANSWER AND COUNTERCLAIM PAGE 4 CAO 3-3 Revised 7/29/2005 American LegalNet, Inc. www.USCourtForms.com boxes. Note: Section 10(e) of the Idaho Child Support Guidelines, Rule 6(c)(6) of the Idaho Rules of Civil Procedure, describe “Shared Physical Custody” and computation of child support with that parenting arrangement. You can get a copy of the Child Support Guidelines from a Court Assistance Office or the Internet at http://www2.state.id.us/judicial/rules/ircp6c6.rul. • If you selected the first paragraph, indicate how much the support payment will be reduced by either checking the box for 50% or filling in your own percentage. • If you have more than one child, check the box to select the next paragraph. WARNING: If you are the parent paying child support (the “obligor”) you should be aware the Order will provide for collection of child support from your wages and from your real estate or personal property. The Order will also provide that if you move to another state, the child support can be enforced directly by courts in other states. Additionally, you should be aware that, according to Idaho law, if unpaid child support equals or exceeds the total support owing for ninety (90) days or the sum of $2,000, whichever is less, you are subject to suspension of any license to practice or engage in any business, occupation or profession, operate a motor vehicle, carry a concealed weapon, or engage in any recreational activity, including hunting or fishing. Further, the State Tax Commission will withhold and set-off any state tax refund to collect any unpaid child support, or unpaid spousal support, and the Idaho State Lottery will likewise withhold and set-off a prize of a lottery prize-winner. 9. Medical Insurance. Check the first, second or third box to indicate how health insurance coverage for the child/ren is now being provided. If you selected the first paragraph, write in the name of the parent(s) currently providing health insurance. In the fourth paragraph write in the percentage to be paid by each parent, based on each of your Guidelines income percentage. (These percentages are determined when calculating the child support. Refer to the Child Support Worksheet). WARNING: The Order will provide: Failure to provide medical insurance coverage may result in the direct enforcement of a medical support order by either the obligee (party or parent other than the parent ordered to carry or provide a health benefit plan for the parties' minor child/ren) or the Department of Health and Welfare. A national medical support notice will be sent to your employer, requiring your employer to enroll the child in a health benefit plan as provided by Sections 32-1214A through 32-1214J, Idaho Code, and applicable rules of the department. 10. Health Care Costs Not Paid by Insurance. Write in the percentage to be paid by each parent, based on their Guidelines income. 11. Work-Related Child Care Costs. Check the box. If you did not figure these expenses in your child support calculation: • Fill in the percentages each parent will pay. • Check the box if both parents will pay the care provider directly. 12. Income Tax Exemption. Write in the blank the parent who will claim each child as a dependent on their income tax return(s). (If you do not agree otherwise, the parent with the most income will claim the children.) Note: The child support calculation must reflect the same designation. FAMILY CASE ANSWER AND COUNTERCLAIM PAGE 5 CAO 3-3 Revised 7/29/2005 American LegalNet, Inc. www.USCourtForms.com 13. Wife’s Child/ren of Another Relationship. Complete this paragraph if any child/ren born or conceived during the marriage was not fathered by the Husband. Paragraphs 14, 15, and 16 WARNING: The rules of separate property (owned by only one of you) and community property (owned by both of you) can be extremely complex and technical. The following general principles may not apply to your situation. For example, some separate property may have been improved with community funds (or vice versa). Also, interest or other income from separate property is considered to be community property. If you have a lot of property or have any questions about whether it is separate or community property, please talk to an attorney. Separate property is property either of you owned before the marriage or received during the marriage by gift or inheritance or in exchange for other separate property. Community property is property acquired by one or both of you during the marriage unless the property was given to either of you separately as a gift, inheritance or in exchange for other separate property. Real property or real estate is land with or without buildings. If the property you list is real estate, include legal descriptions from the deeds to the property. It is important that your description be exactly the same as that in the deed. If the legal description is lengthy, you may want to photocopy the deed, cut out the legal description and paste it on a separate sheet of paper to use as an exhibit. Attach (staple) the exhibit to the Complaint and refer to the exhibit in the Complaint. Personal property is all property that is not real estate. Personal property includes furniture, clothing, vehicles, cash, bank accounts, securities and debts owed to you. It also includes retirement accounts; but, if either of you have retirement accounts you definitely should talk to an attorney before proceeding. 14. Separate Property. • If you do not want any order about ownership of separate property, check the first box. • If you want the court to order that specific separate property belongs to the Husband and/or an order that Husband’s separate property, now in the possession of the Wife, be returned to the Husband, check the second box and describe the property in the first section of Exhibit C. • If you want the court to order that specific separate property belongs to the Wife and/or an order that Wife’s separate property, now in the possession of Husband, be returned to the Wife, check the third box and describe the property in the first section of Exhibit D. 15. Community Real Property. • If you have not acquired community real property during the marriage, check the first box. • If you have acquired community real property during the marriage, check the second box and o Fill in the residential address of the property (house number and street name), o The name of the city and county, and o The legal description for the property (use the legal description in the deed). Disposition of Real Property. A “lien” is a legal right or interest that a creditor has in another’s property (for example the mortgage loan). The mortgage loan and any other lien against the property should be listed in the Debt Section of the Complaint. We recommend you FAMILY CASE ANSWER AND COUNTERCLAIM PAGE 6 CAO 3-3 Revised 7/29/2005 American LegalNet, Inc. www.USCourtForms.com discuss your mortgage loan or any other lien on your property with your lending institution or lien holder and talk to an attorney before proceeding. As long as both of your names are on the loan, you will both continue to be responsible for payment until the loan is paid in full. If the payment isn’t paid by the one assigned to make it, the creditor may collect from either of you. Also, if the property is foreclosed, both of you could be held responsible for any deficiency in paying off the loan after foreclosure sale. “Equity” is the difference between the value of the property and all encumbrances (liens) upon the property. • Check one of the first three boxes to indicate what will be done with the community real property and any equity, and fill in the blanks or • Check the fourth box and write in your own words what will be done with the property and any equity in the property. Note: If the amount of the equity payment is large and will be spread out into periodic payments, you should talk to an attorney about the right way to insure the payments are made. 16. Community Personal Property. • If you have not acquired any community personal property, check the first box or • If you have already divided your community personal property and each of you has the property in your possession, check the second box and/or • If you want the court to order that specific property be given to the Husband and the property is already in Husband’s possession, check the third box and list the property in the second section on Exhibit C (Husband’s Property) and/or • If you want the court to order that specific property be given to the Wife and the property is already in Wife’s possession, check the fourth box and list the property in the second section on Exhibit D (Wife’s Property). • If there is property that the Husband should have given to him which is still in the possession of the Wife, check the third box and list the property in the third section on Exhibit C (Husband’s Property). • If there is property that the Wife should have given to her which is still in the possession of the Husband, check the fourth box and list the property in the third section on Exhibit D (Wife’s Property). Note: The Decree of Divorce can be used to transfer titles or deeds; but only if the description of the property is first listed in the Complaint and is complete and accurate (example: for vehicles, include all identifying information on the title; for real property, include a legal description of the property from the deed and not just the residential address of the property). Paragraphs 14, 15, and 16 Reminder: If you have listed any property on Exhibit C or Exhibit D, the Exhibits must be attached (stapled) to every copy of the Complaint. Initial and date the Exhibits on the lines at the bottom. Make an extra copy of the Exhibits to attach (staple) to the Decree of Divorce. 17. Debts. Generally, separate debts are debts incurred by either of you prior to marriage, or during marriage if incurred to improve or maintain separate property (see the description of community and separate property above). Community debts are all other debts incurred during marriage. FAMILY CASE ANSWER AND COUNTERCLAIM PAGE 7 CAO 3-3 Revised 7/29/2005 American LegalNet, Inc. www.USCourtForms.com • • If you do not know of any unpaid debts, check the first box or If there are debts the Husband should be ordered to pay, check the second box and list each creditor. • If there are debts the Wife should be ordered to pay, check the third box and list each creditor. Note: If both of you are going to pay a part of the same debt, also put in the amount each of you should be ordered to pay. Note: A divorce is between you and your spouse. Your debts are between you and your creditors and, if a bill doesn’t get paid, the creditor may be able to collect from either of you, especially if both of your names are on a loan contract. However, if the debt is listed in the divorce papers and either of you is assigned and ordered to pay a debt and does not make payment, the other party may have some remedy before the court; however, if the bill doesn’t get paid, the creditor may be able to collect from either of you. 18. Debts Incurred Since Separation. If you want the judge to order that each party will pay any debt incurred by them after the separation date, check the box and fill in the date you stopped living together. 19. Name Change. Check the box if either party wants to stop using the last name of the spouse and go back to using their former last name (any name legally used). Fill in the current name of the person wanting the name change and fill in the former last name. (Accurate spelling is very important.) Signature: Leave the spaces for the State and County blank. Go to an office where there’s a Notary. Have the notary fill in the spaces. Sign the Answer and Counterclaim in front of the Notary and have your signature notarized. Certificate of Service: You are required to deliver a copy of any document you file in this case to your spouse (or her/his attorney if s/he is represented by an attorney). Because your spouse has already “appeared” in the case by filing the Complaint, you can serve him/her your response by mailing, hand-delivery or fax. • Fill in the name and address for the other party (or his/her attorney) exactly as it appears in the upper left corner of page one of the Complaint. If you are going to serve the Answer by fax or personal delivery, write in the address you will use. • Check the box to indicate how you are getting a copy to the other party (or his/her attorney). • Fill in the date and sign the Certificate of Service. NOTE: A copy of every document you file with the court in this case must be sent to the other party, either directly or through the attorney if s/he has an attorney. Make your copies. Serve one copy on the person named in the upper left hand corner of page 1 of the Complaint by the method specified in your Affidavit of Service. FAMILY CASE ANSWER AND COUNTERCLAIM PAGE 8 CAO 3-3 Revised 7/29/2005 American LegalNet, Inc. www.USCourtForms.com File your Answer and Counterclaim. Take the original (the one you signed) and your copy (with the required filing fee) to the court clerk. The original will be kept in the court’s file and you can ask that the clerk “conform,” or stamp your copy. (See CAO Instruction #4 “Responding to a Divorce Complaint” for complete instructions). REMEMBER TO REMOVE THESE INSTRUCTIONS BEFORE FILING YOUR ANSWER AND COUNTERCLAIM. FAMILY CASE ANSWER AND COUNTERCLAIM PAGE 9 CAO 3-3 Revised 7/29/2005 American LegalNet, Inc. www.USCourtForms.com Full Name of Party Filing This Document Mailing Address (Street or Post Office Box) City, State and Zip Code Telephone Number IN THE DISTRICT COURT OF THE JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF _____________________________________, Plaintiff, vs. Case No. ___________________________ _____________________________________, Defendant. Fee Categories: I.____ & J. _____ Filing Fee: $______________ ANSWER AND COUNTERCLAIM ANSWER The Defendant, for his/her Answer to the Complaint filed by the Plaintiff, states: 1. I admit the following paragraphs (list each paragraph number): 2. I deny the following paragraphs (list each paragraph number): FAMILY LAW ANSWER AND COUNTERCLAIM PAGE 1 CAO 3-3 Revised 7/29/2005 American LegalNet, Inc. www.USCourtForms.com 3. I deny the following paragraphs because I do not have enough information to admit or deny them (list each paragraph number): 4. [ , that states: ] I deny the portion of paragraph and I admit the remainder of that paragraph. , that states: 5. [ ] I deny the portion of paragraph and I admit the remainder of that paragraph. 6. I deny everything I did not admit. COUNTERCLAIM The Defendant/Counterclaimant says: 1. Residence of the Parties. I am a resident of the State of _____________________. [ ] I have been a resident of the State of Idaho for at least six (6) full weeks prior to the filing of this Counterclaim. Plaintiff 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 husband and wife. 3. Grounds for Divorce. Irreconcilable differences exist between the parties. 4. Minor Child/ren of the Parties. The following child/ren, who is/are under the age of eighteen (18) years, or nineteen (19) years and still pursuing a high school education, was/were born to or adopted by the parties: FAMILY LAW ANSWER AND COUNTERCLAIM PAGE 2 CAO 3-3 Revised 7/29/2005 American LegalNet, Inc. www.USCourtForms.com Name Date of Birth Addresses for Last 5 Years (Beginning with most recent place) [ ] Wife is not now pregnant. [ ] Wife is now pregnant with a child expected to be born (include due date)___________. 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 § 3211-101, et seq., because each child has resided in Idaho for at least six (6) consecutive months before the filing of this Answer and Counterclaim or for their entire life if they are less than six months of age. a. I was a party or witness in the following case(s) involving our child/ren (provide all specifics including the state, the court, the case number, the type of case and the date of any order/s): . b. I know of the following court case(s) that could affect our child/ren (provide all specifics including the court, the case number, the type of case and the date of any order/s. If the order is for child support attach a copy): . c. In addition to the parents, the following person(s) claim/s custody or visitation of, or child support for our child/ren (list those persons’ names and addresses): . d. If our child/ren has/have lived with someone other than a parent, the names and present addresses of the person(s) with whom our child/ren has/have lived during the past five years is/are: ____________________________________________________________________________ __________________________________________________________________________. FAMILY LAW ANSWER AND COUNTERCLAIM PAGE 3 CAO 3-3 Revised 7/29/2005 American LegalNet, Inc. www.USCourtForms.com 6. Legal Custody. [ ] Both parties are fit to act as parents. 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 ___________________________ be awarded sole legal custody of the child/ren because _______________________________________ ________________________________________________________________________________ ________________________________________________________________________________ . 7. Physical Custody. [ ] It is in the best interest of our child/ren that we be awarded joint physical custody of our child/ren according to the Parenting Plan, which is attached as Exhibit A. or [ ] _________________________ should be awarded sole physical custody of our child/ren because ______________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ _________________________________________________________________________. [ ] ____________________________ should spend time with our child/ren as follows: ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________. 8. Child Support. [ ] Child support has already been ordered in a case as shown by the attached Order, Exhibit “B”. or [ ] Child support should be paid by __________________________ in the total amount of $______________ per month, based on the Idaho Child Support Guidelines, according to the Affidavit Verifying Income and Child Support Worksheet(s) attached as Exhibit B. The total amount includes: Base child support in the amount of $__________ [ ] Work-related childcare expenses in the amount of $__________ [ ] Medical, dental, and/or optical insurance premiums allocated in the amount of $__________ [ ] Tax benefits allocated in the amount of $__________ Child support payments should begin on the twentieth (20) day of the month after the Decree of Divorce is signed and continue to be paid on the twentieth (20) day of each following FAMILY LAW ANSWER AND COUNTERCLAIM PAGE 4 CAO 3-3 Revised 7/29/2005 American LegalNet, Inc. www.USCourtForms.com month until the child/ren for whom support is being paid reaches the age of eighteen (18). If a child for whom support is being paid continues his/her high school education after reaching the age of eighteen (18) years, child support payments should continue until the child discontinues his/her high school education or reaches the age of nineteen (19) years, whichever is sooner. Payment should be made payable to the Department of Health and Welfare and sent to: Idaho Child Support Receipting, P.O. Box 70008, Boise, ID 83707-0108. [ ] We have more than one minor child. If this child support order has not been modified, when one child is no longer entitled to support, child support for the remaining child/ren should continue in the total amount of $___________ per month; when two children are no longer entitled to support, child support for the remaining child/ren should continue in the total amount of $____________ per month; when three children are no longer entitled to support, child support for the remaining child should continue in the total amount of $____________ per month. [ ] Extended Visits: Our child/ren live/s in the home of one parent at least 75% of the time. [ ] When the parent paying child support has physical custody of the child/ren for 14 or more overnights in a row, the amount of base child support should be reduced for that period of time; however, visitation of two overnights or less with the other parent should not eliminate the reduction of base child support during extended visits. The child support reduction for the period of the actual physical custody should be [ ] 50% or [ ]_______% of the base child support obligation. The reduction should be subtracted from the child support payment due the next month. [ ] If the parent paying child support has physical custody of some but not all of the children for a period of 14 overnights in a row, before a reduction is made, the base child support obligation should first be divided by the number of children under 18 years of age. The reduction for the paying parent should only apply to the base child support thus allocated to the children in that parent's custody. (Example: Parent has 3 of 4 children for 14 overnights. $300/mo. base support payment divided by 4 children = $75 per child per month divided by 30 = $2.50 per day per child x 14 = $35.00 x 3 for 3 children = $105.00. Reduction = 50% of $105 or $52.50.) NOTICES FAMILY LAW ANSWER AND COUNTERCLAIM PAGE 5 CAO 3-3 Revised 7/29/2005 American LegalNet, Inc. www.USCourtForms.com The court shall order income withholding in all child support orders. Income withholding shall be enforced by a withholding order issued to the paying parent’s employer without additional notice to the paying parent, according to Idaho Code Section 32-1204. The support order can also be enforced by license suspension or the filing of a lien upon all real and personal property of the paying parent. 9. Medical Insurance. [ ] is/are currently providing health insurance for the minor child/ren and should continue to do so, so long as it is reasonably available through that parent’s employment. If such insurance becomes unavailable to the parent currently providing insurance, the parent first reasonably able to obtain group health insurance through employment should do so. or [ ] Neither parent is currently providing health insurance for the child/ren. The parent first reasonably able to obtain group health insurance through employment should do so. or [ ] The child/ren participate in the Children’s Health Insurance Program. The parent first reasonably able to obtain group health insurance through employment should do so. [ ] The total child support amount does not include any actual cost paid by either parent for health insurance premiums for the child/ren. That cost, whether being paid now or incurred in the future, should be prorated between the parents in proportion to their Guidelines income. Father should pay ______ % and Mother should pay _______ %. The payment should be in addition to the base child support award and promptly paid directly between the parents. Where medical insurance is provided, each parent should be ordered to provide the other with all medical insurance information necessary to obtain health care and process insurance claims for the child/ren. Insurance proceeds should be applied first to unpaid medical bills and then to reimburse the paying parent for any prepaid medical costs. Both parents should be ordered to sign any needed document that provides continuing health care for the child/ren. Notice Failure to provide medical insurance coverage may result in the direct enforcement of a medical support order by either the obligee (party or parent other than the parent ordered to carry or provide a health benefit plan for the parties' minor child/ren) or the Department of Health and Welfare. A national medical support notice will be sent to your employer, requiring your employer to enroll the child in a health benefit plan as provided by Sections 32-1214A through 32-1214J, Idaho Code, and applicable rules of the department. FAMILY LAW ANSWER AND COUNTERCLAIM PAGE 6 CAO 3-3 Revised 7/29/2005 American LegalNet, Inc. www.USCourtForms.com 10. Health Care Costs. The actual cost paid by either parent for health care expenses for the child/ren not covered or paid in full by insurance, including, but not limited to, orthodontic, optical and dental, should be prorated between the parents. Father should pay ______ % and Mother should pay _______ %. These payments should be in addition to the base child support award and be promptly paid directly between the parents. Any health care for the child/ren (whether denominated as psychiatric, psychological, special education, addiction treatment, or counseling in any form, and including regular medical or dental care), whether or not covered by insurance, that would result in an actual out-ofpocket expense of over $500 to the parent who did not incur or consent to the expense, must be approved in advance, in writing, by both parents or by prior court order. (Note: The court may consider whether consent for out-of-pocket expenses in excess of $500 was unreasonably requested or withheld and order payment of the incurred expense in some percentage other than the Guidelines Income.) 11. [ ] Work-Related Child Care Costs. The total child support amount does not include work-related child care costs. The actual net out-of-pocket costs for work-related child care should be paid ______% by Father and _____% by Mother. [ ] Payment should be made directly to the child care provider by both parents according to arrangements made with the care provider. If one parent pays the child care provider any portion of the other parent’s share of costs, the non-paying parent should reimburse the paying parent within 10 days after the paying parent provides a copy of the invoice and receipt for the payment. 12. Income Tax Exemption. The state and federal dependency tax exemption(s) for the parties’ minor child/ren should be assigned as follows: __________________________________ ____________________________________________________________________________ _____________________________________________________________________________. The parent not receiving the exemption(s) should sign the required Internal Revenue Service form(s) to release the claim to the exemption(s). 13. Wife’s Child/ren, Born or Conceived During this Marriage. [ ] None. [ ] Wife is now pregnant with a child expected to be born _____________________; however, Husband is not the father of the Wife’s child. [ ] The following child/ren was/were born to Wife during the marriage; however, Husband is not the father of the children: (write full name(s) and date(s) of birth) FAMILY LAW ANSWER AND COUNTERCLAIM PAGE 7 CAO 3-3 Revised 7/29/2005 American LegalNet, Inc. www.USCourtForms.com 14. Separate Property. (Land and/or Personal Property) [ ] None. [ ] Prior to or during the marriage, the Husband acquired the separate property listed on the attached Exhibit C. That property should be confirmed as the Husband’s separate property. Wife should be ordered to return to Husband any such property in Wife’s possession. [ ] Prior to or during the marriage, the Wife acquired the separate property listed on the attached Exhibit D. That property should be confirmed as the Wife’s separate property. Husband should be ordered to return to Wife any such property in Husband’s possession. 15. Community Real Property. (Land) During the marriage, the Wife and Husband acquired: [ ] no community real property. [ ] community real property located at (address) ____________________________, in the City of ____________________, County of ____________________, State of Idaho. This real property is described in the deed as follows: ____________________________________________________________________________ ____________________________________________________________________________ ___________________________________________________________________________. This real property should be: [ ] ordered sold and the net proceeds divided _____% to the Wife and _____% to the Husband. or [ ] awarded to the Wife, subject to any liens, and the Husband should be ordered to convey his interest in the property to the Wife when she pays him $______________ for his equity in the property. or [ ] awarded to the Husband, subject to any liens, and the Wife should be ordered to convey her interest in the property to the Husband when he pays her $______________ for her equity in the property. or [ ] _________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ___________________________________________________________________________. FAMILY LAW ANSWER AND COUNTERCLAIM PAGE 8 CAO 3-3 Revised 7/29/2005 American LegalNet, Inc. www.USCourtForms.com 16. Community Personal Property. During the marriage, the Wife and Husband acquired: [ ] no community personal property. or [ ] community personal property they have already divided. The property should be awarded to the party who presently has possession. [ ] community personal property listed on Exhibit C and/or D. It would be just and equitable for the court to award to the Husband, as his sole and separate property, the community property described in Exhibit C. [ ] community personal property listed on Exhibit C and/or D. It would be just and equitable for the court to award to the Wife, as her sole and separate property, the community property described in Exhibit D. The court should order each party to deliver to the other any of the community property currently in his/her possession that is awarded to the other party. The court should also order each party to sign and deliver any documents necessary to transfer ownership. 17. Debts. [ ] The Plaintiff has no knowledge of any unpaid debts. or [ ] It would be fair and equitable for the court to order the Husband to pay the following debts as or before they become due and to order the Husband to hold the Wife harmless for any further liability concerning these debts: (List each creditor) [ ] It would be fair and equitable for the court to order the Wife to pay the following debts as or before they become due and to order the Wife to hold the Husband harmless for any further liability concerning these debts: (List each creditor) FAMILY LAW ANSWER AND COUNTERCLAIM PAGE 9 CAO 3-3 Revised 7/29/2005 American LegalNet, Inc. www.USCourtForms.com 18. [ (date) ] Debts Incurred Since Separation. The parties have been separated since _________________________________. It would be fair and equitable for the court to order that each party will assume any debt incurred by that party since the date of separation. The court should order each party to pay those debts as or before they become due and to hold the other party harmless from any obligation concerning those debts. 19. [ ] Name Change. __________________________________ should be restored to the former last name of ________________________________________. VERIFICATION: I swear I have read this Answer and Counterclaim and state that all facts included are true. WHEREFORE, Counterclaimant asks for judgment as requested above. DATE , 20 . Signature of Defendant SUBSCRIBED AND SWORN to before me this day of , . ________________________________ Notary Public for Idaho Residing at: ____________________ My Commission expires: ___________ CERTIFICATE OF SERVICE I certify I served a copy to: (name all parties or their attorneys in the case, other than yourself) [ ] By Mail (Name) [ ] By fax to (number) __________________ (Street or Post Office Address) [ ] By personal delivery (City, State, and Zip Code) [ ] By Mail (Name) FAMILY LAW ANSWER AND COUNTERCLAIM PAGE 10 CAO 3-3 Revised 7/29/2005 American LegalNet, Inc. www.USCourtForms.com [ ] By fax to (number) __________________ (Street or Post Office Address) [ ] By personal delivery (City, State, and Zip Code) Date: ___________________________ _________________________________ Signature FAMILY LAW ANSWER AND COUNTERCLAIM ________________________________ Typed/printed Name of Party Signing PAGE 11 CAO 3-3 Revised 7/29/2005 American LegalNet, Inc. www.USCourtForms.com REMOVE THIS PAGE AND ATTACH (staple) PARENTING PLAN AND LABEL AS “EXHIBIT A” ATTACH (staple) AFFIDAVIT VERIFYING INCOME AND CHILD SUPPORT WORKSHEET(S) AND LABEL AS “EXHIBIT B” ATTACH (staple) HUSBAND’S PROPERTY LIST AND LABEL AS “EXHIBIT C” ATTACH (staple) WIFE’S PROPERTY LIST AND LABEL AS “EXHIBIT D” American LegalNet, Inc. www.USCourtForms.com HUSBAND’S SEPARATE PROPERTY (Describe each item, including a legal description for real property) PERSONAL COMMUNITY PROPERTY IN HUSBAND’S POSSESSION TO BE AWARDED TO HUSBAND (Describe each item) PERSONAL COMMUNITY PROPERTY IN WIFE’S POSSESSION TO BE AWARDED TO HUSBAND (Describe each item) _____ ____________ initials EXHIBIT C date American LegalNet, Inc. www.USCourtForms.com WIFE’S SEPARATE PROPERTY (Describe each item, including a legal description for real property) PERSONAL COMMUNITY PROPERTY IN WIFE’S POSSESSION TO BE AWARDED TO WIFE (Describe each item) PERSONAL COMMUNITY PROPERTY IN HUSBAND’S POSSESSION TO BE AWARDED TO WIFE (Describe each item) _____ ___________ initials date EXHIBIT D American LegalNet, Inc. www.USCourtForms.com