Louisiana Alimony Agreement

Answer and Reconventional Demand

: JUDICIAL DISTRICT COURT

VS : , LOUISIANA

:

ANSWER AND RECONVENTIONAL DEMAND

NOW INTO COURT, through her undersigned counsel, comes , made defendant herein, who, for answer to the petition of , plaintiff herein, says that:

1. The allegations of fact contained in Paragraph 1 of plaintiff's petition are admitted.

2. The allegations of fact contained in Paragraph 2 of plaintiff's petition are admitted.

3. The allegations of fact contained in Paragraph 3 of plaintiff's petition are admitted.

4. The allegations contained in Paragraph 4 of plaintiff's petition are denied.

5. The allegations of fact contained in Paragraph 5 of plaintiff's petition are admitted.

6. The allegations of fact contained in Paragraph 6 of plaintiff's petition are denied.

7. The allegations of fact contained in Paragraph 7 of plaintiff's petition require no answer, but to the extent that an answer may be deemed necessary, the same are admitted.

8. The allegations of fact contained in Paragraph 8 of plaintiff's petition are denied.

9. The allegations of fact contained in Paragraph 9 of plaintiff's petition are denied.

RECONVENTIONAL DEMAND

AND NOW assuming the position of plaintiff in reconvention, avers that:

10. The defendant in reconvention, , is a resident of and domiciled in Parish, Louisiana.

11. Plaintiff in reconvention and her husband were married on , in , Parish, Louisiana. Thereafter the matrimonial domicile was established in Parish.

12. Plaintiff in reconvention and defendant in reconvention separated on and have lived separate and apart since , without reconciliation.

13. Under the provisions of LSA-C.C. Art. 102, Plaintiff in reconvention is now entitled to a judgment of divorce from her husband, after the period set out in Louisiana Civil Code Article 102.

14. Of this marriage, one (1) child was born, namely, , born , and said child has been and presently is in the physical care, custody and control of your plaintiff in reconvention, and it would be in the best interest of said minor child to be placed in the joint custody of her parents thereafter in accord with the joint custody implementation plan attached hereto and made a part hereof.

15. The defendant in reconvention is gainfully employed, earning a sufficient income and has adequate means to provide, and your plaintiff in reconvention needs a reasonable amount of alimony pendente lite and child support to be determined by this Honorable Court in accord with LSA-C.C. Art. 111 and LSA R.S. 9:315 et seq., respectively, plus medical, dental, drug and optical expenses incurred or to be incurred on behalf of plaintiff in reconvention and the aforesaid minor child, to commence from the date of the filing of these proceedings and to continue thereafter until the further orders of this Honorable Court.

16. Some community property, both movable and immovable, was acquired during the existence of this marriage and plaintiff in reconvention desires that the parties be recognized as the owners of an undivided one-half (1/2) interest each in and to said community property, reserving unto them the right to seek a judicial or extra-judicial partition thereof at any time in the future.

17. Since irreparable injury, loss or damage may otherwise result, to protect plaintiff's in reconvention interest in the community property, it is necessary that both a preliminary injunction and an injunction be issued herein, enjoining defendant in reconvention from disposing of, alienating, or encumbering any of the community property, including borrowing against the cash surrender values, or the change of ownership and/or beneficiaries of any of the policies of life insurance insuring the lives of either of the parties.

18. Plaintiff in reconvention further shows that defendant in reconvention has physically and mentally abused her and she is in fear that the defendant in reconvention may harass or physically or sexually abuse her and she, therefore, desires that an injunction issue herein, without bond prohibiting the defendant in reconvention from harassing or physically or sexually abusing her.

19. Due to plaintiff's in reconvention necessitous circumstances and inconveniences and turmoil which would result from a change of residence, plaintiff in reconvention is entitled to and desires to be granted the sole use and occupancy of the former family residence situated at , including all improvements and contents thereof, pending the further orders of this Court, without the responsibility for the payment of rental therefor.

20. Plaintiff in reconvention further shows that she was free from fault in the causing of the breakup of this marriage and is, therefore, entitled to permanent alimony in an amount to be determined by this Honorable Court, all in accord with LSA-C.C. Art. 112.

21. The defendant in reconvention was not free from fault in the causing of the break up of this marriage.

WHEREFORE, plaintiff in reconvention prays that:

1. The defendant in reconvention be served with a copy of this Answer and Reconventional Demand;

2. There be judgment on the original petition in favor of the defendant and against the plaintiff, dismissing his demands at his costs;

3. A temporary restraining order issue herein, according to law, directed to the defendant in reconvention and restraining, enjoining and prohibiting him from disposing of, alienating, or encumbering any community property, including borrowing against the cash surrender values, or the change of ownership and/or beneficiaries of any policies of life insurance, and from withdrawing, converting, or disposing of community funds on deposit in any bank or trust company;

4. The defendant in reconvention be ordered to show cause why a preliminary injunction should not issue;

5. A temporary restraining order issue herein prohibiting him from harassing or physically, or sexually abusing plaintiff in reconvention;

6. The defendant in reconvention be ordered to show cause why the parties should not be granted joint custody of their minor child, , in accord with the Joint Custody Implementation Plan;

7. The defendant in reconvention be ordered to show cause why he should not be condemned to pay alimony pendente lite and child support, plus medical insurance and all uncovered expenses;

8. The defendant in reconvention be ordered to show cause why plaintiff in reconvention should not be granted the sole use and occupancy of the family residence situated at ;

9. Judgment be rendered in favor of plaintiff in reconvention, , and against the defendant in reconvention, , dissolving the bonds of matrimony, recognizing ownership in the community property, granting joint custody, ordering support, and awarding sole use and occupancy of the family residence;

BY COUNSEL,

Verification

STATE OF LOUISIANA

PARISH OF

BEFORE ME, the undersigned authority, personally came and appeared: , who, after being duly sworn, deposed and said that:

She is the defendant and plaintiff in reconvention in the foregoing Answer and Reconventional Demand, she has read the same and all of the allegations of fact contained therein are true to the best of her knowledge, information and belief.

Defendant in reconvention is neither in the military service of the United States of America nor in that of any of its allies. Affirmed

JOINT CUSTODY IMPLEMENTATION PLAN

The Court approves and shall incorporate into judgment the following plan of joint custody for .

A. Physical Custody

The legal domicile shall be at the residence of the mother, , who is designated the domiciliary parent.

Accordingly:

1. The minor child shall reside with her father, , at reasonable times and under reasonable circumstances to be mutually agreed upon by the parties.

2. At all other times the child shall reside with her mother, .

The parents are to communicate at least one time per month. Communication shall include all factors affecting the welfare of the child.

Each parent is to maintain sufficient flexibility to allow for variations made necessary by the ebb and flow of social, educational and recreational life.

Each parent shall transfer to the other, sufficient wardrobe for the child considering the season.

Once the child is enrolled in school, all information regarding school, report cards, conferences, trips, functions, meetings, etc. will be furnished to the other parent as either one of them receives such information.

B. Remarriage

Upon remarriage, either party may seek a modification as provided in Paragraph F below.

C. Child Support

shall pay unto a reasonable amount of child support to be determined by this Honorable Court, plus all uncovered medical, dental, drug and optical expenses.

D. Education

The child shall be placed in school(s) selected by the domiciliary parent.

E. Transportation

Each parent is responsible for transportation of the child while in residence.

F. Plan Modification

Each party may seek judicial modification of this plan. However, modification, including as provided in Paragraph B above, and, excepting child support, shall not be granted unless both parties have first consulted with recognized family counseling service for assistance in arriving at a joint modification.

G. Conflicts

Conflicts under the terms of this plan, excepting child support, must be submitted first to a recognized family counseling service for resolution before application may be made to the Court.

H. Communication by the Child

The child shall have complete, full and free access to communicate with each parent. No communication shall be intercepted, censored, or monitored.

I. Tutorship

The parents shall enjoy the natural co-tutorship of the child in accordance with the Louisiana Civil Code, except as limited herein.

J. Property of the Child

The parents shall have administration of the property of the child provided by the Louisiana Code of Civil Procedure.

ORDER

It appearing from the verified petition in this case that immediate and irreparable injury, loss or damage may result to plaintiff in reconvention by virtue of the threatened disposal, alienation and encumbering by the defendant in reconvention of the property belonging to the community of acquets and gains existing between plaintiff in reconvention and defendant in reconvention before notice can be served and hearing had on plaintiff's in reconvention application for a preliminary injunction.

IT IS ORDERED that a temporary restraining order issue herein, without bond, directed to , restraining, enjoining and prohibiting him from disposing of, alienating, or encumbering any of the community property belonging to the community of acquets and gains existing between and .

IT IS FURTHER ORDERED that show cause on the day of , 20___, at why a preliminary injunction should not issue.

IT IS FURTHER ORDERED that a temporary restraining order issue herein, without bond, directed to , prohibiting him from harassing or physically or sexually abusing your plaintiff in reconvention.

IT IS FURTHER ORDERED that show cause on the day of , 20___, at why a preliminary injunction should not issue.

IT IS FURTHER ORDERED that show cause on the day of , 20___, at why:

1. The parties should not be granted the joint custody of the minor child, namely, ;

2. Defendant in reconvention should not be ordered and condemned to pay unto plaintiff in reconvention, , a reasonable amount of alimony pendente lite and child support;

3. Plaintiff in reconvention should not be granted the sole use and occupancy of the former family residence situated at .

THIS ORDER signed in , Parish, Louisiana, this day of , 20___, at .

PLEASE SERVE THE DEFENDANT IN RECONVENTION

through his attorney of record:

, LA