9348 Maples Answer to Petition-Counter Petition
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IN THE CHANCERY COURT FOR KNOX COUNTY, TENNESSEE TODD BIBLE, Petitioner/Counter-Respondent, v. KIMBERLY MAPLES, Respondent/Counter-Petitioner. ANSWER TO PETITION AND COUNTER-PETITION Comes now the Respondent, Kimberly Maples, by and through counsel, and for her Answer to the Petition to Modify Child Support would say as follows: 1. The allegations contained in paragraph 1 are admitted; 2. The allegations contained in paragraph 2 are denied and strict proof is demanded; 3. The allegations contained in paragraph 3 are denied and strict proof is demanded; 4. The allegations contained in paragraph 4 are denied, and strict proof is demanded; 5. The allegations contained in paragraph 5 are denied and strict proof is demanded; and 6. All other allegations not heretofore answered, explained or denied, are hereby denied. NOW, having fully answered, the Respondent, as Counter-Petitioner, would show as follows: Docket No. 147098-1 TCSES No. 000870974
1. The Counter-Respondent owes the Counter-Petitioner child support of at least $27,980.00, plus interest. 2. The Counter-Respondent owes the Counter-Petitioner for health insurance premiums and doctor bills for the parties’ minor children. 3. The Counter-Respondent is willfully and voluntarily under-employed and has the ability to earn more money than he presently earns. 4. There has been a material change in circumstances which requires an increase in child support. 5. The Counter-Petitioner is in contempt for his failure to pay child support and perform other obligations under the Final Decree and Permanent Parenting Plan entered in this cause. WHEREFORE, THAT: A. The Complaint filed by the Petitioner be dismissed; B. The Counter-Petitioner be awarded a judgment against the CounterRespondent in the amount of child support in arrears, plus interest on that amount; C. The Counter-Petitioner be awarded a judgment against the CounterRespondent in the amount of insurance premiums and doctor bills in arrears; RESPONDENT/COUNTER-PETITIONER PRAYS
D. The Counter-Respondent be held in civil contempt of Court and incarcerated until the amount of child support that is in arrears, plus interest, is paid in full to the Counter-Petitioner;
E. In the alternative, the Counter-Respondent be held in criminal contempt of Court and incarcerated for the maximum period of time allowed by Tennessee law; F. The Court impute a higher income to the Counter-Respondent and the Counter-Petitioner be awarded an increase in child support; G. That Court award the Counter-Petitioner attorney fees; and H. That the Court award the Counter-Petitioner such other, further, general and special relief to which she may be entitled. This the day of , 2009.
KIMBERLY MAPLES JUDKINS LAW FIRM _______________________________ BY: JOE R. JUDKINS (BPR No. 005548) Attorney for Respondent 1143 Oak Ridge Turnpike, Suite 202 Oak Ridge, Tennessee 37830 (865) 482-7877
OATH STATE OF TENNESSEE COUNTY OF ANDERSON Kimberly Maples, first being duly sworn, says that she has read the foregoing Answer to Petition and Counter-Petition and knows the contents thereof, and that the same are true of her own knowledge, except as to those
matters therein stated to be on information and belief, which she believes to be true. ___________________________________ KIMBERLY MAPLES SUBSCRIBED AND SWORN to before me this the ________ day of _______________________, 2009. NOTARY PUBLIC My Commission Expires: . SEAL
CERTIFICATE OF SERVICE The undersigned attorney hereby certifies that this is a true and exact copy of the Answer to Petition and Counter-Petition has been served upon T.Scott Jones, Attorney for the Petitioner, Suite 210, Regas Building, 318 Gay Street, Knoxville, Tennessee 37917, by first class United States mail, postage prepaid. This the ________ day of __________________, 2009.
______________________________ JOE R. JUDKINS Attorney for Respondent
1. The Counter-Respondent owes the Counter-Petitioner child support of at least $27,980.00, plus interest. 2. The Counter-Respondent owes the Counter-Petitioner for health insurance premiums and doctor bills for the parties’ minor children. 3. The Counter-Respondent is willfully and voluntarily under-employed and has the ability to earn more money than he presently earns. 4. There has been a material change in circumstances which requires an increase in child support. 5. The Counter-Petitioner is in contempt for his failure to pay child support and perform other obligations under the Final Decree and Permanent Parenting Plan entered in this cause. WHEREFORE, THAT: A. The Complaint filed by the Petitioner be dismissed; B. The Counter-Petitioner be awarded a judgment against the CounterRespondent in the amount of child support in arrears, plus interest on that amount; C. The Counter-Petitioner be awarded a judgment against the CounterRespondent in the amount of insurance premiums and doctor bills in arrears; RESPONDENT/COUNTER-PETITIONER PRAYS
D. The Counter-Respondent be held in civil contempt of Court and incarcerated until the amount of child support that is in arrears, plus interest, is paid in full to the Counter-Petitioner;
E. In the alternative, the Counter-Respondent be held in criminal contempt of Court and incarcerated for the maximum period of time allowed by Tennessee law; F. The Court impute a higher income to the Counter-Respondent and the Counter-Petitioner be awarded an increase in child support; G. That Court award the Counter-Petitioner attorney fees; and H. That the Court award the Counter-Petitioner such other, further, general and special relief to which she may be entitled. This the day of , 2009.
KIMBERLY MAPLES JUDKINS LAW FIRM _______________________________ BY: JOE R. JUDKINS (BPR No. 005548) Attorney for Respondent 1143 Oak Ridge Turnpike, Suite 202 Oak Ridge, Tennessee 37830 (865) 482-7877
OATH STATE OF TENNESSEE COUNTY OF ANDERSON Kimberly Maples, first being duly sworn, says that she has read the foregoing Answer to Petition and Counter-Petition and knows the contents thereof, and that the same are true of her own knowledge, except as to those
matters therein stated to be on information and belief, which she believes to be true. ___________________________________ KIMBERLY MAPLES SUBSCRIBED AND SWORN to before me this the ________ day of _______________________, 2009. NOTARY PUBLIC My Commission Expires: . SEAL
CERTIFICATE OF SERVICE The undersigned attorney hereby certifies that this is a true and exact copy of the Answer to Petition and Counter-Petition has been served upon T.Scott Jones, Attorney for the Petitioner, Suite 210, Regas Building, 318 Gay Street, Knoxville, Tennessee 37917, by first class United States mail, postage prepaid. This the ________ day of __________________, 2009.
______________________________ JOE R. JUDKINS Attorney for Respondent
