Fill and Sign the Minnesota Counterclaim Form

STATE OF MINNESOTA DISTRICT COURT COUNTY OF       JUDICIAL DISTRICT FAMILY COURT DIVISION In Re the Marriage of: Court File No. , Petitioner, ANSWER AND COUNTERCLAIM AND , Respondent, Respondent, for his/her Answer to Petitioner's Complaint herein alleges: I. Specifically denies each and every allegation contained in said complaint unless otherwise stated in Respondent's Counterclaim. WHEREFORE, Respondent asks the Court to dismiss Petitioner's Complaint and to award [him/her] his/her costs and disbursements incurred herein. COUNTERCLAIM I . The true and correct names, addresses, and social security numbers of Petitioner and Respondent are: Petitioner: SN: Respondent: SSN: II . Petitioner is being represented in these proceedings by _____________________ , of - 1 - _________________________ , {address} , __________ , Minnesota __________ . Respondent is being represented in these proceedings by _____________________ , of _____________________ , _____________________ , __________ , Minnesota __________ . III . Petitioner's date of birth is , and [(s)he] is ( __ ) years of age. Respondent's date of birth is , and [(s)he] is ( __ ) years of age. IV . Petitioner (and the minor child(ren)) reside(s) in the County of , State of Minnesota. Respondent (and the minor child(ren)) reside(s) in the County of , State of Minnesota. (OPTIONAL) V . On or about the __ day of ____________ , 20 __ , in the City of ____________ , County of ____________ , and State of ____________ , Petitioner, ____________ , and Respondent, ____________ , had sexual intercourse. (OPTIONAL) VI . By reason of said sexual intercourse, Petitioner/Respondent became pregnant with a (male) (female) child, ____________ , who was born (out of wedlock) in the City of ____________ , County of ____________ , and State of ____________ , on ____________ , 20 __ . VII . A declaration/recognition of parentage, pursuant to Minn. Stat §257.34)(257.75) has (not) been signed by Petitioner/Respondent (the parties). VIII . The conception of the minor child as described in the Complaint may have occurred as a result of contact by Petitioner/Respondent with others, and accordingly, Petitioner/Respondent has insufficient information upon which to base a belief as to the truth or falsity of Petitioner /Respondent ’s allegation thereto and hence (he)(she) denies the same for purposes of - 2 - putting Petitioner /Respondent to (his)(her) strict proof thereon. IX . Both parties are fit and proper custodians for said minor child, and the best interests of the child will be served if joint legal and physical custody is awarded to the parties. X . Petitioner is employed as a ____________ by ____________ , located at ____________ . (He)(She) has gross income of $ ____________ per ____________ and net income of $ ____________ per ____________ . Respondent is employed as a ____________ by ____________ , located at ____________ . (He)(She) has gross income of $ ____________ per ____________ and net income of $ ____________ per ____________ . ____________ is dependent upon ____________ for a contribution to the support of the minor child(ren) of the parties. Neither party receives public assistance. WHEREFORE, if Petitioner/Respondent is adjudicated the father of the minor child, Respondent prays for the Judgment and Decree of this Court as follows: CUSTODY/VISITATION 1. Granting ____________ legal and physical custody of said minor child subject to ____________ 's right to (reasonable) (supervised) (reasonable and liberal) visitation. 1. Granting Petitioner and Respondent joint legal custody of said minor child and designating ____________ as (his)(her) sole physical custodian subject to ____________ 's right to (reasonable) (supervised) (reasonable and liberal) visitation. 1. Granting Petitioner and Respondent joint legal and physical custody of said minor child. 1. Ordering such custody, care and control of said minor child as the Court deems in his/her best interest. CHILD SUPPORT 2. Ordering such support for said minor child as the Court deems just, fair and equitable. - 3 - 2. Ordering ____________ to pay to ____________ a reasonable sum of money for the support of said minor child. 2. Reserving the issue of support for said minor child. 2. Requiring ____________ to pay a reasonable sum of money to ____________ for the confinement expenses of ____________ and said minor child. 2. Requiring ____________ to pay a reasonable proportion of the expenses for the support of said minor child for the past two years. INCOME WITHHOLDING 3. Requiring that the child support payment by ____________ to ____________ be made by income withholding pursuant to Minn. Stat. §518.613. INSURANCE 4. Requiring that ( ____________ )(both parties) provide medical (and dental) insurance for the benefit of said minor child (in a just and equitable manner). NAME CHANGE 5. Ordering that the minor child's name be changed from ____________ to ____________ . SUCH OTHER 6. For such other and further relief as the Court deems just, fair and equitable in the premises. Dated: ____________ By ______________________ (Name) Attorney I.D. No. ______ (Address) (Address) (City, State, Zip) (Telephone Number) - 4 - VERIFICATION STATE OF MINNESOTA ) )SS. COUNTY OF ____________ ) ____________ , being first duly sworn, upon oath deposes and says that (he)(she) is the Respondent in the above - entitled action; that (he)(she) has read the foregoing Counterclaim, knows the contents thereof and that the same is true and correct, except as to those matters therein stated on information and belief and as to those matters (he)(she) believes them to be true. _______________________________ {name} Respondent Subscribed and sworn to before me this ____ day of ____________ , 20 __ . ___________________________________ Notary Public - 5 - ACKNOWLEDGMENT STATE OF MINNESOTA ) )SS. COUNTY OF ____________ ) _____________________ , the attorney for Respondent in the above-captioned matter, and ____________ , Respondent herein, hereby acknowledge that pursuant to Minn. Stat. §549.21, costs, disbursements, witness fees and reasonable attorneys' fees may be awarded to Petitioner in the event Respondent is found to be acting in bad faith and/or asserting a frivolous claim. __________________________________ {name} Respondent Subscribed and sworn to before me this ____ day of ____________ , 20 __ . _________________________________________ Notary Public ___________________________________ Attorney for Respondent Dated: Subscribed and sworn to before me this ____ day of ____________ , 20 __ . _______________________________ Notary Public - 6 -