Fill and Sign the File a Counterclaim in the Probate and Family Courtmassgov Form

IN THE CHANCERY COURT OF COUNTY, MISSISSIPPI PLAINTIFFVERSUS CIVIL ACTION NO. DEFENDANT(CASE AS ORIGINALLY STYLED) , PETITIONER/COUNTERDEFENDANTVS CIVIL ACTION NO. , RESPONDENT/ COUNTERCLAIMANT JUDGMENT THIS ACTION came on for hearing on , , upon the Motion For Modification and Motion To Cite (" ") for contempt filed , , by (" ") and upon the Counterclaim of filed , . The parties appeared in person and represented by attorneys of their choice, whereupon the Court heard all of the evidence, both oral and documentary, offered by the parties in support of their respective claims and in defense of those claims against them respectively; and, the Court finds therefrom as follows:1. That the Court has jurisdiction of both the parties and the subject matter herein.2.That prior to the beginning of the trial, the Court heard legal arguments on 's motion to dismiss 's motion for modification for the reason that said motion for modification requests that the Court modify a portion of the Judgment of Divorce entered herein on , , that is strictly property settlement in nature; and, the Court having heard and considered said motion to dismiss, the Court property settlement in nature, and that the Court is without power and jurisdiction to do so. Therefore, the Court should sustain 's motion to dismiss the said motion for modification filed by herein on , , and 's right, pursuant to the said Judgment of Divorce, to the exclusive use, possession and control of said property until same is sold should be re -affirmed and ordered not to interfere with her said rights.3. That is not in contempt of this Court's said Judgment of Divorce for his/her actions in attempting to take possession of the said premises at , , Mississippi, for the reason that said actions were the result of advise of counsel, but that should remove all of his/her personal property moved onto the premises of , , Mississippi, on or about , , within that he/she should hire professional movers to restore the personal property of from the garage thereof back to the location in the house from which he/she moved it on or about , , which shall be accomplished at a convenient time to so that he/she shall be available to supervise the restoration of his/her personal property back into the residence located at the said property address, all with days of , ; and, that should pay unto within days of , , the sum of $ for the period of time in that he/she may have occupied said premises and $ for transportation expenses he/she has incurred as a result of his/her said actions. 4. That did refuse to allow reason that he/she acted on advise of counsel in not allowing said visitation; and, the Court finds that the said Judgment of Divorce does provide that shall have the right of weekend visitation with the children of the parties weekend(s) of each month, upon proper notification to as therein provided, in addition to any holiday visitation provided therein.5. That both parties should search all places of which they have control in an effort to locate the that is the property of , and report to each other on such efforts within a reasonable time, and if shall find the same, then he/she shall promptly deliver possession thereof over to .6. That the Court finds that is in contempt of this Court's said Judgment of Divorce for his/her failure to timely pay his/her child support payments to , he/she having admittedly been habitually as much as days; that for this reason the Court should enter an order of withholding for said child support to take effect immediately requiring 's employer to withhold his/her monthly child support payments due from his/her salary and mail them directly to her; and, that may purge him/herself of said contempt by the payment of all sums required of him/her to be paid herein to and within the time he/she shall have to pay any of said sums.7. That should be assessed with all costs of Court accruing herein, excluding any Court costs assessed by the Clerk of this Court for the filing of the hand written motion filed by on or about , ; and, timely paying his/her child support payments. 8. That any relief prayed for by either party not specifically granted herein should be denied. IT IS, THEREFORE, ORDERED AND ADJUDGED that 's Motion to Modify filed herein on , , requesting that the Court modify the Judgment of Divorce entered herein on , , that be given the exclusive use and possession of the property located at , , Mississippi, is hereby denied, and 's right, pursuant to the said Judgment of Divorce, to the exclusive use, possession and control of said property until same is sold is re- affirmed and is hereby ordered not to interfere with his/her said rights to the said property. IT IS FURTHER ORDERED AND ADJUDGED that is not in contempt of this Court's said Judgment of Divorce for his/her actions in attempting to take possession of the said premises at , , Mississippi, for the reason that said actions were the result of advise of counsel, but that shall remove all of his/her personal property moved onto the premises of , , Mississippi, on or about , , within day of , ; that he/she shall hire professional movers to restore the personal property of from the garage thereof back to the location in the house from which he/she moved it on or about , , which shall be accomplished at a convenient time to so that he/she shall be available to supervise the restoration of his/her personal property back into the residence located at the said address, all within days of , ; and, that shall pay unto .IT IS FURTHER ORDERED AND ADJUDGED that the Court does not find in contempt for not allowing visitation with their minor children on the weekend of , , for the reason that she acted on advise of counsel in not allowing said visitation; and, that the said Judgment of Divorce does provide that shall have the right of weekend visitation with the children of the parties two weekends of each month, upon proper notification to as therein provided, in addition to any holiday visitation provided therein.IT IS FURTHER ORDERED AND ADJUDGED That both parties shall search all places of which they have control in an effort to locate the that is the property of , and report to each other on such efforts within a reasonable time, and if shall find the same, then he/she shall promptly deliver possession thereof over to .IT IS FURTHER ORDERED AND ADJUDGED that is in contempt of this Court's said Judgment of Divorce for his/her failure to timely pay his child support payments to ; that for this reason the Court does hereby direct the entering of an order of withholding for said child support to take effect immediately and simultaneous with the entry hereof requiring 's employer to withhold his/her monthly child support payments due from his/her salary and mail them directly to him/her; and, that may purge him/her self of said contempt by the payment of all sums required of him/her to be paid herein to and within the time he/she shall have to pay any of said sums. and she is hereby awarded attorney's fees in the sum of $ to be paid by within days of the date of , . IT IS FURTHER ORDERED AND ADJUDGED that any relief prayed for by either party not specifically granted herein should be, and the same is hereby denied.SO ORDERED AND ADJUDGED this the day of , . ________________________________________CHANCELLOR APPROVED AS TO FORM:ATTORNEY FOR ATTORNEY FOR