Florida Supreme Court Approved Family Law Form 12903

Answer to Petition and Counterpetition for Dissolution of Marriage with Dependent or Minor Child(ren)

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.903(c)(1)

ANSWER TO PETITION AND COUNTERPETITION FOR DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN) (02/18)

When should this form be used?

This form should be used when you are responding to a petition for dissolution of marriage with dependent or minor child(ren) and you are asking the court for something not contained in the petition. The answer portion of this form is used to admit or deny the allegations contained in the petition, and the counterpetition portion of this form is used to ask for whatever you want the court to do for you.

This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public or deputy clerk. You should file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records.

IMPORTANT INFORMATION REGARDING E-FILING

The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be filed electronically except in certain circumstances. Self-represented litigants may file petitions or other pleadings or documents electronically; however, they are not required to do so.

What should I do next?

You have 20 days to answer after being served with your spouse’s petition. A copy of this form must be mailed, e-mailed, or hand delivered to your spouse.

UNCONTESTED. Your dissolution is uncontested if you and your spouse agree on all issues raised in the petition and the counterpetition.

CONTESTED. Your dissolution is contested if you and your spouse disagree on any issue raised in the petition or counterpetition.

IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION

After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server, the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances.

Special notes...

With this form, you must also file the following:

• Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit

• Child Support Guidelines Worksheet

• Affidavit of Corroborating Witness or photocopy of identification

• Marital Settlement Agreement, if applicable

• Parenting Plan, if applicable

• Notice of Social Security Number

• Family Law Financial Affidavit

• Certificate of Compliance with Mandatory Disclosure

Parenting Plan and Time-Sharing. If you and your spouse are unable to agree on parenting arrangements and a time-sharing schedule, a judge will decide for you as part of establishing a Parenting Plan.

Child Support. Both parents are required to provide financial support for their minor or dependent child(ren).

Alimony. Alimony may be awarded to a spouse if the judge finds that one spouse has an actual need for it and that the other spouse has the ability to pay.

Marital/Nonmarital Assets and Liabilities. Florida law requires an equitable distribution of marital assets and marital liabilities.

Temporary Relief. If you need temporary relief regarding temporary use of assets, liabilities, parental responsibility, time-sharing, child support, or alimony, you may file a Motion for Temporary Support and Time-Sharing.

IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT,

IN AND FOR COUNTY, FLORIDA

Case No.:

Division:

In re: the Marriage of:

, Petitioner/Counter-Respondent,

and

, Respondent/Counter-Petitioner.

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

I, , Respondent/Counter-Petitioner 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:

2. I disagree with the allegations raised in the following numbered paragraphs in the Petition and, therefore, deny those allegations:

3. I currently am unable to admit or deny the following paragraphs due to lack of information:

COUNTERPETITION FOR DISSOLUTION OF MARRIAGE WITH MINOR CHILD(REN)

1. JURISDICTION/RESIDENCE

Counter-Petitioner Counter-Respondent Both has (have) lived in Florida for at least 6 months before the filing of this Petition for Dissolution of Marriage.

2. Respondent/Counter-Petitioner is or is not a member of the military service.

Petitioner/Counter-Respondent is or is not a member of the military service.

3. MARRIAGE HISTORY

Date of marriage:

Date of separation: Indicate if approximate

Place of marriage:

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

a. Respondent/Counter-Petitioner is pregnant. Baby is due on:

b. Petitioner/Counter-Respondent is pregnant. Baby is due on:

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

Name Birth date

Birth date

Birth date

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

Name Birth date

Birth parent(s) of the above minor child(ren):

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

Name Birth date

5. A completed UCCJEA Affidavit is filed with this counterpetition.

6. A completed Notice of Social Security Number is filed with this counterpetition.

7. A completed Family Law Financial Affidavit 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

b. 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.

OR

2. There are marital assets or liabilities. All marital and nonmarital assets and liabilities are (or will be) listed in the financial affidavits.

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.

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

c. Respondent/Counter-Petitioner should be awarded an interest in the other spouse’s property because:

SECTION II. SPOUSAL SUPPORT (ALIMONY)

1. Respondent/Counter-Petitioner forever gives up any right to spousal support (alimony) from the other spouse.

OR

2. Respondent/Counter-Petitioner requests that the Court order the other spouse to pay spousal support (alimony).

Amount: $ every beginning until

Explain why the Court should order payment and any specific request(s) for type of alimony:

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

4. Respondent/Counter-Petitioner 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

Respondent/Counter-Petitioner

Petitioner/Counter-Respondent

Other:

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

shared by both parents.

awarded solely to . 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).

For the purposes of a Parenting Plan, the Respondent/Counter-Petitioner will be referred to as and the Petitioner/Counter-Respondent will be referred to as .

The Counter-Petitioner states that it is in the best interests of the child(ren) that:

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

Each child will have time-sharing with both parents as follows:

Indicate if a separate sheet is attached.

The court should establish a Parenting Plan with the following provisions for:

No time-sharing for Parent

Limited time-sharing with Parent

Supervised time-sharing for Parent

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

1. Respondent/Counter-Petitioner requests that the Court award child support as determined by Florida’s child support guidelines.

Such support should be ordered retroactive to:

a. the date of separation

b. the date of the filing of this petition.

c. other

2. Respondent/Counter-Petitioner requests that the Court award child support to be paid beyond the age of 18 years because:

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

b. the following child(ren) is (are) dependent in fact; is (are) in high school, and are between the ages of 18 and 19.

3. Respondent/Counter-Petitioner requests that the Court award a child support amount that is more than or less than Florida’s child support guidelines.

4. Medical/dental insurance for the minor child(ren) be provided by:

Respondent/Counter-Petitioner

Petitioner/Counter-Respondent

5. Uninsured medical/dental expenses for the child(ren) be paid:

by Respondent/Counter-Petitioner

by Petitioner/Counter-Respondent

by both spouses equally (each spouse pays one-half.)

according to the percentages in the Child Support Guidelines Worksheet.

Other:

6. Life insurance to secure child support be provided by:

Respondent/Counter-Petitioner

Petitioner/Counter-Respondent

Both.

SECTION V. OTHER

1. Respondent/Counter-Petitioner requests to be known by the following former legal name, which was .

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:

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

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

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;

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

restoring Counter-Petitioner’s former name as requested in Section V of this petition;

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

Petitioner/Counter-Respondent or his/her attorney:

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.

STATE OF FLORIDA

COUNTY OF

Sworn to or affirmed and signed before me on by .

NOTARY PUBLIC or DEPUTY CLERK

{Print, type, or stamp commissioned name of notary or clerk.}

Personally known

Produced identification

Type of identification produced

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:

This form was prepared for the Respondent/Counter-Petitioner

This form was completed with the assistance of:

Name of individual:

Name of business:

Address:

City: State: Zip code: Telephone number: