Answer and Counterclaim to Motion for Modification

Answer and Counterclaim to Motion for Modification and to Cite Respondent for Contempt and Counterclaim for Citation for Contempt

IN THE CHANCERY COURT OF , MISSISSIPPI

PLAINTIFF CIVIL ACTION NO.

VS. DEFENDANT

ANSWER AND COUNTERCLAIM TO MOTION FOR MODIFICATION
AND TO CITE RESPONDENT FOR CONTEMPT AND COUNTERCLAIM
FOR CITATION FOR CONTEMPT

COMES NOW (hereafter referred to as " ") and files this his/her Answer to the Motions For Modification and Contempt filed against him/her herein on , by (hereafter referred to as " "), as follows:

FIRST DEFENSE

1. The Motions for Modification and Contempt filed against by on , fail to state a claim upon which relief may be granted, and the same must be dismissed.

SECOND DEFENSE

2. The Motion for Modification filed against by on seeks to modify a portion of their Marital Dissolution Agreement, which was incorporated into the Judgment of Divorce entered herein on , dealing with the use and disposal of real property owned jointly by them which was purely property settlement. This Court lacks jurisdiction to modify the Judgment of Divorce in this respect.

THIRD DEFENSE

3. The facts, matters and things set out in hereinbelow are adopted by reference in this paragraph as a part of this defense.

FOURTH DEFENSE

4. Without waiving him/her above and foregoing First, Second and Third Defenses, answers the Motions for Modification and Contempt filed against him/her herein by on , paragraph by paragraph, as follows:

5. The introductory paragraph of the Motions do not require an answer. The allegations of paragraph 1 of the Motions are admitted.

6. The allegations of paragraph 2 of the Motions are denied, except that he/she admits that he/she does utilize a cabin located in , Mississippi, for portions of the week for the sake of convenience while he/she is employed at .

7. The allegations of paragraph 3 of the Motions are admitted.

8. Except to admit that he/she was awarded the use and possession of the home of the parties until said home is sold and that he/she is employed in , Mississippi, denies the allegations of paragraph 4 of the Motions.

9. Except to admit that has moved into the said home and property of the parties in violation of the said Judgment of Divorce, the allegations of paragraph 5 of the Motions are denied.

10. admits that when he/she learned that had moved into the home of the parties that he/she had the utilities disconnected, as alleged in paragraph 6 of the Motions. He/she affirmatively shows that he/she did so to keep locks on the doors of the said residence without the knowledge and permission of were acts committed in bad faith with the intent to harass and inconvenience and cause him/her undue financial hardship. All allegations contained in paragraph 6 of the Motions not specifically denied or admitted herein, are denied.

11. The allegations of paragraph 7 of the Motions are denied, and affirmatively shows and alleges that this Court is without jurisdiction to grant the relief requested therein.

12. The allegations of the "first" paragraph 8 of the Motions are denied; and, shows affirmatively that did not comply with the requirements of the Judgment of Divorce in designating weekend visitation for the weekend of which he/she complains, and which failure on the part of caused circumstances wherein was unable to have the children for visitation.

13. The allegations of the "second" paragraph 8 of the Motions are denied.

14. denies that is entitled to any of the relief prayed for in the prayer of his/her Motions.

FIFTH DEFENSE

15. shows and alleges that the Motions filed against him/her by on are frivolous and without merit; that they were filed in bad faith by him/her for the purpose of harassing him/her and causing him/her financial hardship; and, that should be required to pay unto , pursuant to Rule 11 (b) of MRCP, an adequate sum of money to compensate him/her for his/her loses due to the actions of and .

16. WHEREFORE, prays that the Motions filed against him/her herein by on , be dismissed, and that he/she be discharged with his/her costs, including, but not limited to an award against of a reasonable sum of money to be applied toward his/her attorneys fees incurred in the defense of these Motions and a reasonable sum which will adequately compensate him/her for all expenses incurred by him/her by reason of the actions of , and that he/she be assessed with all costs of court accruing herein.

COUNTERCLAIM

17. Having presented his/her answer and defenses to the Motions filed against him/her herein by on , makes this his/her Counterclaim for Contempt over and against , as follows:

18. adopts and incorporates herein the above and foregoing answers, admissions, denials and defenses as a part of this Counterclaim.

19. filed a Motion for Contempt against herein on . There has been no answer or reply filed to the said motion and he/she intends this to be an amendment to the said Motion.

20. may be served with the process of the Court upon this Counterclaim by the delivery of a true and correct copy hereof to his/her attorney of record, , Esq.

21. shows and alleges that did on or about , without his/her permission or prior knowledge break into the premises belonging to the parties located at , County, wherein he/she has the exclusive use and possession of said premises until said property is sold; that the said action of were not only in violation of said Judgment, but done in bad faith and in total disregard for the welfare of and the children of the parties; that further compounded the said wrong by changing the locks on the doors of the residence; that and the children of the parties use and occupy the residence during the portions of the week that they are not in where she is now employed; that took his/her personal property located in the said residence and moved it, and he/she is now uncertain what he/she has done with his/her personal property; that he/she is entitled to be adequately compensated by for the loss of any said personal property as well as any damage done to the same by him/her; that he/she is entitled to be adequately compensated for any expenses that may be incurred by him/her in changing the locks to the doors of said residence, and for any other expense that may be incurred by him/her resulting from his/her said actions; that broke into the home at a time when he/she knew that and the children would not be there; and, that the said property is now under contract for sale to and , contingent on the sale of their property by the end of this calendar year.

22. That is in contempt of the Order of this Court entered herein on , for failing to pay the Court costs he/she was ordered to pay.

23. That is in contempt of the said Judgment of Divorce for failing to deliver unto a certain which belonged to which he/she took from his/her possession.

24. Order of Withholding entered herein on , to take effect immediately.

25. That is entitled to an award of reasonable attorneys fees to be applied to his/her attorneys fees incurred herein of and from , and should be assessed with all costs of court accruing herein.

26. WHEREFORE, prays that his/her Counterclaim for Contempt be received and filed, and that upon the hearing hereon, he/she be awarded the following relief:

a. That be adjudicated a contemnor in contumacious contempt of the Judgment of Divorce entered herein on , because of his/her actions in taking possession of the premises located at , Mississippi; because of his/her willful failure to deliver over to the belonging to him/her; and, because of his/her willful neglect in paying his/her child support payments timely.

b. That be adjudicated a contemnor in contumacious contempt of the Order entered herein on , because of his/her failure to pay the court costs he/she was ordered to pay therein.

c. That this Court enter an order ejecting and evicting from the premises at , Mississippi, and enjoining him/her from coming upon the premises in the future.

d. That the Order of Withholding entered herein on , be made an active order of this Court, and that it take effect immediately.

e. That be ordered to pay all costs for actions; and, that he/she be required to pay for any damages done to the residence of the parties or any other expenses incurred by occasioned by his/her actions, including, but not limited to long distance phone charges incurred by , locksmith fees, costs of new locks and keys, utility usage charged to his/her accounts and used by , utility deposits, fax fees and reimbursement for days lost from work and automobile expenses incurred.

f. And, prays for general relief.

Respectfully submitted,

CERTIFICATE OF SERVICE

I, of the law firm of do hereby certify that I have this day, hand delivered a true and correct copy of the above and foregoing ANSWER AND TO MOTION FOR MODIFICATION AND TO CITE RESPONDENT FOR CONTEMPT AND COUNTERCLAIM FOR CITATION FOR CONTEMPT to Attorney for Petitioner at

DATED this the day of , .

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