- Answer and Counterclaim to Divorce with Children - Alaska
- Answer and Counterclaim - Ohio
- Answer and Counterclaim to Complaint for Divorce - Wyoming
- Answering the Divorce Complaint - Vermont
- Ohio Answer to Complaint for Divorce with Children
- Answer and Counterclaim of Defendant to Complaint for Divorce - Massachusetts
Fillable Printable Answer and Counterclaim to Divorce with Children - Alaska
Fillable Printable Answer and Counterclaim to Divorce with Children - Alaska
Answer and Counterclaim to Divorce with Children - Alaska
You must use black ink to fill out this form.
Your Name:
Mailing Address:
Telephone: Message phone:
NOTE: If for any reason you do not wish the other party to know your physical address,
you still must provide a mailing address so that the court and the other party can serve
you by mail.
IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
AT
City or Town where the Court is located
)
)
Plaintiff, )
v. )
)
)
)
Your Case No.
Defendant. )
)
ANSWER AND COUNTERCLAIM
To Divorce With Children
I, , hereby submit my response to plaintiff’s
(Print your name here)
complaint, and allege as follows:
A. ANSWER
1.
Agree with the statements in paragraph 1 of the Complaint.
Disagree with the statements in paragraph 1 of the Complaint.
Do not understand the statements in paragraph 1 of the Complaint to decide whether I
agree or disagree.
Disagree with this part of the statement in paragraph 1 of the Complaint:
but agree with the rest.
There is no paragraph 1 in Plaintiff’s Complaint.
ANSWER TO DIVORCE COMPLAINT Page 1 of 12
(With Minor Children) SHC-105 (03/13)
You must use black ink to fill out this form.
2.
Agree with the statements in paragraph 2 of the Complaint.
Disagree with the statements in paragraph 2 of the Complaint.
Do not understand the statements in paragraph 2 of the Complaint to decide whether I
agree or disagree.
Disagree with this part of the statement in paragraph 2 of the Complaint:
but agree with the rest.
There is no paragraph 2 in Plaintiff’s Complaint.
3.
Agree with the statements in paragraph 3 of the Complaint.
Disagree with the statements in paragraph3 of the Complaint.
Do not understand the statements in paragraph 3 of the Complaint to decide whether I
agree or disagree.
Disagree with this part of the statement in paragraph 3 of the Complaint:
but agree with the rest.
There is no paragraph 3 in Plaintiff’s Complaint.
4.
Agree with the statements in paragraph 4 of the Complaint.
Disagree with the statements in paragraph 4 of the Complaint.
Do not understand the statements in paragraph 4 of the Complaint to decide whether I
agree or disagree.
Disagree with this part of the statement in paragraph 4 of the Complaint:
but agree with the rest.
There is no paragraph 4 in Plaintiff’s Complaint.
5.
Agree with the statements in paragraph 5 of the Complaint.
Disagree with the statements in paragraph 5 of the Complaint.
Do not understand the statements in paragraph 5 of the Complaint to decide whether I
agree or disagree.
Disagree with this part of the statement in paragraph 5 of the Complaint:
but agree with the rest.
There is no paragraph 5 in Plaintiff’s Complaint.
ANSWER TO DIVORCE COMPLAINT Page 2 of 12
(With Minor Children) SHC-105 (03/13)
You must use black ink to fill out this form.
6.
Agree with the statements in paragraph 6 of the Complaint.
Disagree with the statements in paragraph 6 of the Complaint.
Do not understand the statements in paragraph 6 of the Complaint to decide whether I
agree or disagree.
Disagree with this part of the statement in paragraph 6 of the Complaint:
but agree with the rest.
There is no paragraph 6 in Plaintiff’s Complaint.
7.
Agree with the statements in paragraph 7 of the Complaint.
Disagree with the statements in paragraph 7 of the Complaint.
Do not understand the statements in paragraph 7 of the Complaint to decide whether I
agree or disagree.
Disagree with this part of the statement in paragraph 7 of the Complaint:
but agree with the rest.
There is no paragraph 7 in Plaintiff’s Complaint.
8.
Agree with the statements in paragraph 8 of the Complaint.
Disagree with the statements in paragraph 8 of the Complaint.
Do not understand the statements in paragraph 8 of the Complaint to decide whether I
agree or disagree.
Disagree with this part of the statement in paragraph 8 of the Complaint:
but agree with the rest.
There is no paragraph 8 in Plaintiff’s Complaint.
9.
Agree with the statements in paragraph 9 of the Complaint.
Disagree with the statements in paragraph 9 of the Complaint.
Do not understand the statements in paragraph 9 of the Complaint to decide whether I
agree or disagree.
Disagree with this part of the statement in paragraph 9 of the Complaint:
but agree with the rest.
There is no paragraph 9 in Plaintiff’s Complaint.
ANSWER TO DIVORCE COMPLAINT Page 3 of 12
(With Minor Children) SHC-105 (03/13)
You must use black ink to fill out this form.
10.
Agree with the statements in paragraph 10 of the Complaint.
Disagree with the statements in paragraph 10 of the Complaint.
Do not understand the statements in paragraph 10 of the Complaint to decide whether I
agree or disagree.
Disagree with this part of the statement in paragraph 10 of the Complaint:
but agree with the rest.
There is no paragraph 10 in Plaintiff’s Complaint.
11.
Agree with the statements in paragraph 11 of the Complaint.
Disagree with the statements in paragraph 11 of the Complaint.
Do not understand the statements in paragraph 11 of the Complaint to decide whether I
agree or disagree.
Disagree with this part of the statement in paragraph 11 of the Complaint:
but agree with the rest.
There is no paragraph 11 in Plaintiff’s Complaint.
12.
Agree with the statements in paragraph 12 of the Complaint.
Disagree with the statements in paragraph 12 of the Complaint.
Do not understand the statements in paragraph 12 of the Complaint to decide whether I
agree or disagree.
Disagree with this part of the statement in paragraph 12 of the Complaint:
but agree with the rest.
There is no paragraph 12 in Plaintiff’s Complaint.
13.
Agree with the statements in paragraph 13 of the Complaint.
Disagree with the statements in paragraph 13 of the Complaint.
Do not understand the statements in paragraph 13 of the Complaint to decide whether I
agree or disagree.
Disagree with this part of the statement in paragraph 13 of the Complaint:
but agree with the rest.
There is no paragraph 13 in Plaintiff’s Complaint.
ANSWER TO DIVORCE COMPLAINT Page 4 of 12
(With Minor Children) SHC-105 (03/13)
You must use black ink to fill out this form.
B. AFFIRMATIVE DEFENSES
(An affirmative defense is facts and arguments that attack the plaintiff’s legal right to bring
the court case. The affirmative defense might win for the defendant even if everything in
the plaintiff’s complaint is true.)
I have no affirmative defenses. (Go to Section C.)
I further allege the following as my affirmative defense(s):
1.
This Court lacks subject-matter jurisdiction over the custody of the minor child(ren) for the
following reason(s) (see attached completed Child Custody Jurisdiction Affidavit ):
The minor child(ren) of the parties has/have never resided or been present in
Alaska.
The minor child(ren) of the parties does/do not currently reside in Alaska and have
not lived there since .
Date
The minor child(ren) of the parties has/have lived in Alaska for less than six months.
A court in another state has already exercised jurisdiction over custody of the minor
child(ren).
I have attached to this Answer a Motion to Dismiss the Child Custody Claim for Lack of
Jurisdiction.
2.
I have never resided or been present in the State of Alaska. It is my position that the
Alaska court does not have jurisdiction over any of the property or debt of the marital
estate. I want the Alaska court to dismiss this case because I will be prejudiced if we are
divorced before the property division occurs in another state.
I have attached to this Answer a Motion to Dismiss.
3.
The venue of this action is improper. This case should have been filed at the
courthouse in .
City or Town
I have attached to this Answer a Motion To Change Venue.
4.
Other
ANSWER TO DIVORCE COMPLAINT Page 5 of 12
(With Minor Children) SHC-105 (03/13)
You must use black ink to fill out this form.
C. COUNTERCLAIMS
(A counterclaim is where the defendant states what he/she wants to happen regarding
the issues in the case.)
I have no counterclaims. (Go to Section D.)
I have stated above that the Alaska court does not have jurisdiction over the marital
estate and/or child custody and that the case should be dismissed. If this court does
not dismiss the case, I submit the following counterclaim(s) without waiving my claim
about the court’s lack of jurisdiction:
I further allege the following as my counterclaim(s):
1. Date of Separation
I disagree with plaintiff’s date of separation and assert that we have been continuously
separated since .
(
Date of Separation)
2. Restoration of Former Name
I request that my former name of be
restored to me. (
Print your full former name)
3. Property
3A.
There is no property or debt to be divided by this court and we can each keep what
we have in our possession or control.
3B.
There is property and debt to be divided by this Court. I request that the marital
property and debt be divided in a fair and equitable manner. I am currently aware of the
following types of property and debt:
Land Bank / credit union account(s)
Building(s)
(include your home here)
401(k) / 403(b) retirement account(s)
Car / truck IRA account(s)
Snow machine / 4-wheeler Pension
Boat(s) Household goods
Plane(s) Credit card debt(s)
Gun(s) Debt related to property (mortgages,
vehicle or equipment loans etc.)
Tools Other debt(s)
Optional Comments:
3C.
I have attached a Property and Debt Worksheet.
ANSWER TO DIVORCE COMPLAINT Page 6 of 12
(With Minor Children) SHC-105 (03/13)
You must use black ink to fill out this form.
4. Custody and Visitation
It is in the best interest of all of the minor children the following minor child(ren):
that the following custody and visitation plan be entered:
4A. Legal Custody is decision making authority such as matters relating to health, education
or religion of the child(ren). Joint legal custody means both parents share the decision
making because they can communicate about the children, even though they may not get
along otherwise. Joint legal is the most common type of legal custody courts award. Sole
legal custody means one parent makes decisions about the child(ren) because there is no
way that the parents can communicate about the child(ren) or one parent is unfit due to
severe mental illness, substance abuse or domestic abuse issues. With sole legal, both
parents usually have access to school and medical records and neither parent can move out
of the state with the children without permission from the court or other parent.
Because it is in the best interests of the children, I request that I be awarded:
Joint Legal Custody (the parents share the decision making about the child(ren)).
Sole Legal Custody (one parent makes decisions about the child(ren)’s upbringing and
does not have to consult with the other parent).
4B. Physical Custody describes the child(ren)’s schedule. If the children are with each
parent more than 110 over nights within 1 year, you have a shared custody schedule. If one
parent has 109 over nights or less, he or she has a visitation schedule and the other parent
has primary custody. NOTE: If you are filing in Fairbanks, you are required to use the
Proposed Parenting Plan, SHC-1127 Word | PDF.
Tip: Print out the annual school calendar provided by your local school district which includes
vacations and in-service days. Circle the days you want overnights and count them up to figure out
if you have a shared or primary schedule. For links to many school calendars, visit
http://www.courtrecords.alaska.gov/webdocs/shc/family/docs/calendars.pdf. For a one-page
annual calendar without school dates, go to www.timeanddate.com/calendar/. You may find the
Weekly Scheduling Chart, SHC-1132 Word | PDF helpful. If you use one of these calendars, set
out the times for exchanges and visitation during the day. You can attach the annual calendar and
weekly chart to this Complaint.
The following physical custody plan is in the child(ren)’s best interests: (check i, ii or iii)
i. Shared Physical Custody The child(ren) will have 110 or more overnights with each
of us. (Check 1 box below for the plan you want.)
the schedule on the attached Custody & Visitation Plan, SHC-1120 Word | PDF
the schedule on the attached Proposed Parenting Plan, SHC-1127 Word | PDF
(Required for Fairbanks)
the following schedule:
Visitation during the week:
as described on the attached Weekly Scheduling Chart,
SHC-1132 Word | PDF or as follows:
Summer Vacation:
Holidays & Birthdays:
ANSWER TO DIVORCE COMPLAINT Page 7 of 12
(With Minor Children) SHC-105 (03/13)
You must use black ink to fill out this form.
Weekends:
Other:
ii. Primary Physical Custody: Child(ren) will have 256 or more overnights with me and
be with the other parent for 109 overnights or less. (Check 1 box below for the plan you want.)
the schedule on the attached Custody & Visitation Plan, SHC-1120 Word | PDF
the schedule on the attached Proposed Parenting Plan, SHC-1127 Word | PDF
(Required for Fairbanks)
the following schedule:
Visitation during the week:
as described on the attached Weekly Scheduling Chart,
SHC-1132 Word | PDF or as follows:
Summer Vacation:
Holidays & Birthdays:
Weekends:
Other:
iii. Other Custody Arrangement as follows:
____________________________________________________________________________
____________________________________________________________________________
_______________________________
___________________________________________________________________________
4C. Travel: Travel costs for visitation should be divided as follows:
_____________________________________________________________________
4D. Safety concerns:
A history of domestic violence can significantly affect the outcome of the
custody issues in your case. In short, there is a presumption that the perpetrator of domestic violence
may not get custody. The presumption may be overcome by meeting specific legal requirements.
You are strongly encouraged to discuss the situation with an attorney. See
http://courts.alaska.gov/shc/family/dvlawfaq.htm.
I am concerned about my safety or the safety of the children when with the other parent.
Therefore, I request that visitation be restricted as follows:
5. Child & Medical Support I have completed and attached the required Child Support
Guidelines Affidavit, DR-305 [Fill-In PDF].
ANSWER TO DIVORCE COMPLAINT Page 8 of 12
(With Minor Children) SHC-105 (03/13)
You must use black ink to fill out this form.
I am proposing a shared custody schedule, so I have also completed and attached a
Shared Custody Child Support Calculation, DR-306 [Fill-In PDF]. (Note: if you asked for
primary custody, you do not need to file the DR-306 form).
5A. Civil Rule 90.3 calculation: Child support should be entered
in accordance with Civil
Rule 90.3 OR vary from Civil Rule 90.3 because: ________________________ _
5B. Child Support should be ordered from:
the date of separation the date of the
Final Decree
other: _______________________________________________________.
5C. Other parent’s income: I believe that the other parent
i.
is making approximately $_________ per hour year at his/her job
as a
ii.
has a work history of being able to make $ per
hour year as a
5D. Child Support past the age of 18: I
do do not request that child support for each
child continue for up to a year after the child turns 18 when the following conditions are met:
1) the child is 18 years old, (2) unmarried, (3) actively pursuing a high school diploma or
equivalent level of training, and (4) living as a dependant with a parent.
5E. Has either Child Support Services Division (CSSD), the Alaska court or any other
state court or child support agency ordered anyone to pay child support?
No Yes, Mother Father or other has been ordered
to pay child support. (Please attach a copy of that order if you have it.)
IMPORTANT: If yes, send a copy of this Answer to the Collections and Support Section of
the Attorney General’s Office. The mailing address is provided at the end of this form.
If another state ordered child support, please read about registering the out-of-state order
at http://courts.alaska.gov/shc/family/shcforeign.htm.
5F. Has anyone applied for public benefits (ATAP, TANF, Food stamps etc.) to support
this child?
No Yes, who? __________________________________
IMPORTANT: If yes, send a copy of this Answer to the Collections and Support Section of
the Attorney General’s Office. The mailing address is provided at the end of this form.
5G. CSSD Services: I
do do not request the assistance of CSSD to enforce the child
support order and keep records of the payments. (If yes, fill out form DR-315 and file with this
Answer.)
ANSWER TO DIVORCE COMPLAINT Page 9 of 12
(With Minor Children) SHC-105 (03/13)
You must use black ink to fill out this form.
6. Paternity: The law presumes that the husband is the legal father of any child conceived or
born during the marriage, even if everyone involved knows who the father is. If the wife is
pregnant at the time of divorce, the husband is the legal father and responsible for child
support when that child is born. The child will not have rights to inheritance and benefits from
the biological father. It is very important for paternity to be addressed honestly during the
divorce.
6A. Unborn Child: Is wife currently pregnant? NO YES. If yes, is her husband
the father of the child?
YES - then there are no paternity issues and the child can be included on the custody,
support and visitation order. Skip to Question #7.
NO - paternity will need to be disestablished, but this cannot happen until AFTER the
child is born. If there is an important reason to get divorced before the birth, you can file a
Motion, Affidavit & Order to Bifurcate for Paternity, SHC-152 Word | PDF,
which asks the
court to end the marriage, divide the property and address custody, visitation and support
for the living child(ren), but delay decisions about the unborn child until after the birth.
NOT SURE - DNA testing needs to done after the birth to find out whether the husband
needs to be disestablished. If there is a compelling reason to get divorced before the birth,
file a Motion, Affidavit & Order to Bifurcate for Paternity, SHC-152 Word | PDF,
which asks
the court to end the marriage, divide the property and address custody, visitation and
support for the living child(ren), but delay decisions about the child until after the birth.
6B. Already born child(ren): Does paternity need to be disestablished on any
child(ren) born during the marriage? NO YES If yes, in the chart list the child(ren)
and birthday(s) and indicate how you will disestablish. If you have a completed Three-Way
Affidavit to Disestablish and Establish Paternity, SHC-151 Word | PDF, DNA test or birth
certificate showing biological father, please attach it to this Answer. If you think you will need
an Order to have the other party report for DNA testing, you must also submit a Motion for
DNA Testing (you can use the Generic Motion Packet, SHC-PAC6).
Child’s Name Date of
Birth
Filing an
Affidavit of
Paternity,
SHC-151
DNA
Testing
Complete
DNA
Testing
Planned
Birth
Certificate w/
Biological
Father’s Name
7. Miscellaneous
7A. Permanent Fund Dividend: I request that the court designate
Father Mother
ANSWER TO DIVORCE COMPLAINT Page 10 of 12
(With Minor Children) SHC-105 (03/13)
You must use black ink to fill out this form.
as the authorized parent to apply for the minor child(ren)’s PFDs. Please describe any
special agreements, such as depositing the PFD into a college savings account etc.:
7B. Federal Taxes
i.
Mom Dad shall claim the child(ren) as a dependent on his/her federal income
taxes each year alternating years, starting in year .
ii.
Each parent shall claim the child(ren) on federal income taxes each year as
follows:
child: __ Dad Mom
child: Dad Mom
child: Dad Mom
child: Dad Mom
iii.
Other:
8. Other: (
For example attorney’s fees, spousal support, etc. If you want the court to award you
attorney’s fees or spousal support before the end of the case, you must file a separate motion in
addition to writing it in this section. See http://courts.alaska.gov/shc/family/motions.htm for forms. )
ANSWER TO DIVORCE COMPLAINT Page 11 of 12
(With Minor Children) SHC-105 (03/13)
