Fill and Sign the Mississippi Answer to the Complaint Motion to Modify Child Custody Child Support Alimony and Related Relief Form

IN THE CHANCERY COURT OF COUNTY, MISSISSIPPI VS. NO. ANSWER TO THE COMPLAINT (MOTION) TO MODIFY CHILD CUSTODY, CHILD SUPPORT, ALIMONY AND RELATED RELIEF Comes now, the Defendant, and files this his/her Answer and Defenses to the Complaint (Motion) to Modify Child Custody, Child Support, Alimony and Related Relief, and sets forth as follows, to-wit: I. Plaintiff is not in compliance with the prior Judgments of this Court, and therefore, Plaintiff is not coming before this Court with clean hands and is not entitled to the relief prayed for. II. The Complaint as filed by the plaintiff fails to set forth the information as required by the Uniform Child Custody Act, and by law is not entitled to proceed until such information is provided. III. Plaintiff has failed to pay the child support as directed by prior Judgments of this Court until this Court modifies same, and is therefore in non-compliance with the prior Judgment. IV. Plaintiff has failed to pay alimony as required by previous Judgment of this Court, and therefore, this Court should not grant the Plaintiff any relief until such time as he/she is in full compliance, including interest on all payments that are delinquent. Now, therefore, without waiving any of his/her defenses, the Defendant answers as follows: (a) Admitted. (b) Admitted. 1. Admitted. 2. The Defendant admits that the parties' minor child has resumed living with his/her mother/father since of . Defendant admits that he/she did allow the child to come live with the mother/father, at the child's request. The balance of paragraph number II. is denied. 3. Defendant denies that this Court can modify a Judgment retroactive to , . Defendant admits that he/she has been sending some financial support. 4. Denied. 5. Denied. WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Court will dismiss the Complaint (Motion) to Modify Child Custody, Child Support, Alimony and Related Relief upon a final hearing in this cause, and that this Court will grant unto the Defendant a reasonable attorney's fee in being required to defend this Cause, and to require the Plaintiff to pay all cost of Court. Defendant prays for general relief. Respectfully submitted, this the day of , . _______________________________________ COUNTER-MOTION TO ENFORCE JUDGMENT AND RELATED RELIEF Comes now, and files this, his/her Counter-Motion to Enforce the prior Judgment of this Court, and related relief, and for cause thereof, would show unto the Court the following facts, to-wit: I. The parties are: A. The Counter-Plaintiff, . B. The Counter-Defendant is . II. Counter-Plaintiff and Counter-Defendant were divorced by a Judgment of the Chancery Court of County, Mississippi on , , wherein the Judgment of Divorce incorporated a Property Settlement Agreement of the parties. Said Judgment and Property Settlement is incorporated herein by reference. III. Counter-Plaintiff would show that the Counter-Defendant was required under the provisions of the Judgment, as set forth in paragraph eleven (11) of the Property Settlement Agreement, to pay unto the Counter-Plaintiff herein, the sum of dollars ($ ) per month as periodic alimony. This sum of periodic alimony was to continue for so long as the Counter-Plaintiff remains single. The Counter-Plaintiff remains single and none of the other conditions have occurred to terminate the periodic alimony. Counter-Plaintiff would show that at the present time, the Counter-Defendant is in arrears in the payment of periodic alimony payments, pursuant to the Judgment of this Court, in the sum of dollars ($ ), plus interest. Counter-Plaintiff would show that the Counter-Defendant failed to pay the periodic alimony for the months of of , , , , , , and , of . During the months of and of , the Counter- Defendant paid to the Counter-Plaintiff, the sum of dollars ($ ) each month, leaving a balance due each month of dollars ($ ). Counter-Plaintiff would show that he/she is entitled to a Judgment against the Counter-Defendant in the sum of dollars ($ ) plus accrued interest. Counter-Plaintiff does hereby request this Court to allow a garnishment, execution or other legal process for the collection thereof. IV. Counter-Plaintiff would show that the Counter-Defendant is in both civil and criminal contempt of the previous Judgment of this Court because of his/her failure to pay the prior Judgment as required. Counter-Plaintiff would show that the Counter-Defendant has the assets and the financial ability to have made the payments, had he/she desired to do so. Counter- Defendant is aware that he/she is in arrears in the payment of his/her periodic alimony, but has taken no steps to pay those sums that were due and owing, or to seek relief from this Court. Counter-Plaintiff would show that as a result of the Counter-Defendant's actions, he/she has been required to retain an attorney, and does therefore request this Court to require the Counter- Defendant to pay unto the Counter-Plaintiff, a reasonable attorney's fee and all cost of Court of this proceeding.V. Counter-Plaintiff would show that the minor child of the parties' has been living with the Counter-Defendant since of , and should this Court modify custody of the minor child and vest same with the Counter-Defendant, Counter-Plaintiff does hereby request this Court to grant unto him/her, extensive and liberal visitation rights with the minor child. Further, Counter-Plaintiff would request that this Court terminate his/her child support payments during these visitation periods. VI. Counter-Plaintiff would show that information as required by Section 9 of the Uniform Child Custody Act as codiciled by Section 93-23-17, Mississippi Code Annotated (1972), as amended, is as follows, to-wit: 1. The minor child, ’s present address is with the Counter-Defendant, at . 2. For the past five years, the minor child has lived with the Counter-Plaintiff, at and with the Counter-Defendant at . 3. The names and present addresses of the persons with whom the child has lived within the past five years are and , at their addresses listed above. 4. This party has not participated as a party, witness, or in any other capacity in any other litigation concerning the custody of the same child in this or any other state. 5. This party has no information of any custody proceeding concerning the child pending in a Court of this state or any other state. 6. This party knows of no person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. Should any additional information come to the attention of your affiant with respect to the aforesaid, it will immediately bring this information to the attention of the Court. WHEREFORE, PREMISES CONSIDERED, Counter-Plaintiff prays that this Court will, upon a final hearing in this matter, grant unto the Counter-Plaintiff a Judgment against the Counter-Defendant granting the following relief, to-wit: 1. To find the Counter-Defendant to be in both civil and criminal contempt of the previous Judgments of this Court for his/her failure to pay the periodic alimony as required, and to require the Counter-Defendant to immediately pay all sums of money due and owing to the Counter-Plaintiff, plus interest. 2. To grant unto the Counter-Plaintiff, a Judgment in the amount of dollars ($ ), plus interest, to be set by this Court, or established by law, all of which let there be garnishment, execution or appropriate process for the collection thereof; and to post a bond to insure future payments. 3. Should this Court modify the custody of the minor child and vest same with the Counter-Defendant, grant the Counter-Plaintiff extensive and liberal visitation with the minor child. 4. Counter-Plaintiff requests that child support payments be terminated during his/her visitation periods. 5. Grant unto the Counter-Plaintiff, a reasonable attorney's fee and all cost of Court. 6. Grant unto the Counter-Plaintiff, general relief. Respectfully submitted, this the day of . _______________________________________ Sworn to and subscribed before me, this the day of . _______________________________________ NOTARY PUBLIC MY COMMISSiON EXPIRES: CERTIFICATE OF SERVICE I, the undersigned hereby certify that I have this day personally delivered a true and correct copy of the above and foregoing Answer and Counter-Motion to . This the day of , . _______________________________________ NOTICE OF HEARING TO: Please take notice that the undersigned will bring the above Counter-Motion on for hearing before this Court at the County Courthouse in the City of , Mississippi, on the day of , , at o'clock A.M./P.M. or as soon thereafter as counsel can be heard. _______________________________________