FILED
`IN THE DISTRICT COURT OF OKLAHOMA COUNTY DISTRICT COURT
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`STATEOF OKLAHOMA ;x| AHOMA COUNTY. OKLAHOMA
`Jztnum‘y 15,2025 5:31 PM
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`IN RE THE MARRIAGE OF: )
`) RICK WARREN, COURT CLERK
`HEATHER MCINTURFF, ) Case Number FD-2024-3050
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`Petitioner, )
`Vs. ) Case No. FD-2024-3050
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`TAYLER MCINTURFF )
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`Respondent. )
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`RESPONDENT’'S RESPONSE AND
`COUNTERCLAIM FOR DISSOLUTION OF MARRIAGE
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`COMES NOW the Respondent, Tayler Mcinturff, by and through his attorney, Holly
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`M. Nigh of Legal Aid Services of Oklahoma, Inc., and for his Answerto Petitioner's Petition
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`for Dissolution of Marriage, except as may be admitted in his Counterclaim states:
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`ANSWER
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`1. Respondent admits Paragraph Number One.
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`2. Respondent admits Paragraph Number Two.
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`3. Respondent admits Paragraph Number Three.
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`4, Respondent admits Paragraph Number Four.
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`5. Respondent admits Paragraph Number Five and 5 A-D.
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`6. Respondent admits in part and denies in part Paragraph Number Six. In further
`response, Respondent admits that it is in the best interest of the mental, physical,
`and moral welfare of the minor child, namely: W. Mcinturff, born in 2022, that the
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`parties be awarded joint custody of the minor child. Respondent denies the
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`remaining allegations of Paragraph Number 6 and demands strict proof thereof.
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`10.
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`13.
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`14.
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`16.
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`17.
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`18.
`19.
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`Respondent admits Paragraph Number Seven.
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`Respondent admits Paragraph Number Eight.
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`Respondent admits Paragraph Number Nine.
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`Respondent admits Paragraph Number Ten.
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`Respondent admits Paragraph Number Eleven.
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`Respondent admits Paragraph Number Twelve.
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`Respondent admits in part and denies in part Paragraph Number 13. Respondent
`admits that the marital residence should be listed for sale by a date certain by this
`Court utilizing a real estate agent agreed upon by the parties in writing.
`Respondent admits that the parties shall evenly split the net proceeds from the
`sale of the marital residence. Respondent denies the remaining allegations and
`demands strict thereof.
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`Respondent admits Paragraph Number 14.
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`Respondent admits Paragraph Number 15.
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`Respondent admits in part and denies in part Paragraph Number 16. Respondent
`denies that he should maintain the debt and insurance payments associated with
`the Petitioner's vehicle until further order of the Court and admits the remaining
`allegations contained in Paragraph Number 16.
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`Respondent is without sufficient information to either admit or deny Paragraph
`Number 17 and therefore denies and demands strict proof thereof.
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`Respondent admits Paragraph Number 18.
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`Respondent denies that Petitioner should be awarded her attorney fees and costs
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`incurred.
`COUNTERCLAIM
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`COMES NOW the Respondent, Tayler Mcinturff, for his cause of action against
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`the Petitioner, Heather Mcinturff, alleges and states:
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`o
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`Residency. The Respondent is now and has been for more than six (6) months
`preceding the filing of the Pelition an actual resident, in good faith, of the State of
`Oklahoma, and a resident of Oklahoma County, for thirty (30) days at the time the
`Petition was filed.
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`Date of Marriage. The parties were married on or about September 23, 2023, in
`Choctaw, Oklahoma. The parties separated on October 25, 2024.
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`Children. Of this marriage there is one (1) minor child, namely: W. Mcinturff, born
`in 2022, Petitioner is not now pregnant.
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`Grounds. As grounds for dissolution, the Respondent alleges that a state of
`complete and irreconcilable incompatibility has arisen between the parties which
`has completely destroyed the legitimate aims of the marriage of the parties and
`rendered its continuation impossible, by reason of which the Respondent is entitled
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`to a Dissolution of Marriage from the Petitioner.
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`Jurisdiction. Jurisdiction is present in this Court to hear and determine all issues
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`pertaining to the minor child of the parties and all such jurisdiction should be
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`exercised herein. More particularly, Respondent states that:
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`a. Oklahoma is the “home state” of the parties’ minor child and each of them
`as that phrase is defined by Oklahoma'’s Uniform Child Custody
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`Jurisdiction and Enforcement Act, 43 O.8. §551-101 et seq., and by the
`federal Parental Kidnapping Prevention Act, 28 U.S.C. §1738A, and by
`Oklahoma’s Uniform Interstate Family Support Act, 43 O.S. §601-101 et
`seq. Under said acts, Oklahoma and this Court has jurisdiction to hear
`and determine all issues pertaining to the custody, visitation and support
`of the minor child.
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`b. Further, it is in the best interest of the parties’ minor child that this Court
`assume custody, visitation and support jurisdiction under said acts
`because the child and these parties each have significant connections
`with this state and there is available in this state substantial evidence
`concerning the child’s present and future care, protection, training and
`personal relationships. No other state has child custody, visitation and/or
`support jurisdiction. Each such category of jurisdiction should be
`exercised herein.
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`C. No person other than the parties hereto has or claims to have any custody
`or visitation rights concerning the parties’ child or any of them. Neither
`Oklahoma'’s Indian Child Welfare Act, 10 O.S. §40.1 et seq., nor the
`federal Indian Child Welfare Act, 25 U.S.C. §1901 et seq., apply to this
`proceeding. Other than this action, no other action has been filed in this
`or any other state in which the custody, visitation or support of the minor
`child has been at issue and Respondent has not participated in any such
`other litigation as a party, witness or in any other capagcity.
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`d. During the past five years, the minor child has resided at the following
`location and with the following persons: 20627 Autum Trial, Harrah, OK
`73045, with both these parties.
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`Custody and Visitation. [t is in the best interests of the mental, physical and
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`moral welfare of the minor child that his custody be awarded jointly to the parties,
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`with neither party having final decision-making authority and to allow the parties a
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`week-to-week schedule visitation, with a mid-week overnight visitation.
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`Child Support. Respondent is requesting that child support be calculated
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`pursuant to the Oklahoma Child Support Guidelines.
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`Health Insurance. At this time, Petitioner provides healith insurance for the minor
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`child. The child also receives Children's tribal benefits with the Citizen
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`10.
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`1.
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`12.
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`13.
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`14.
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`18.
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`Potawatomi Nation. Petitioner should be ordered to provide health insurance for
`the minor child of the parties and the monthly premium should be divided
`between the parties pursuant to the Child Support Computations.
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`Uncovered Medical Expenses. The parties should pay their proportionate share
`of any uncovered medical expenses of the minor child of the parties.
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`Daycare Expenses. The parties should pay their proportionate share of any
`daycare expenses of the minor child of the parties.
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`Tax Exemptions. in even numbered years, Respondent should be allowed to
`claim the minor child as a dependent for income tax purposes, and in odd
`numbered years, Petitioner should be allowed to claim the minor child as a
`dependent for income tax purposes as long as Petitioner is current on her child
`support obligation, if any. In each year that Petitioner is behind on her child support
`obligation, Respondent should be allowed to claim the minor child as a dependent.
`Relocation. Petitioner and Respondent should be ordered to comply with the
`terms of Oklahoma’s New Relocation Statute, 43 0.S. §112.3.
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`DHS. Neither party has received assistance from the Department of Human
`Services.
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`Separate Property. Prior to the marriage, both parties owned property which
`property should be set aside to them.
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`Marital Property. During the marriage, the parties have acquired certain property,
`which the Respondent asks be divided equitably between the parties. That the
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`marital residence should be sold and the net proceeds divided equally between
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`the parties
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`16. Debts. During the marriage, the parties acquired certain debts which the
`Respondent asks be divided equitably between the parties.
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`17. Income Assignment. The Court should order an income assignment for the
`payment of child support, if any.
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`18. Retirement Accounts. The parties should be awarded all equity, interest and/or
`value to their individual retirement accounts, 401(K), pension, annuity and/or other
`investment accounts in their individual name.
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`WHEREFORE, premises considered, the Respondent prays that upon hearing this
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`cause the Court grant and award to the Respondent:
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`a. A Decree of Dissolution of Marriage;
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`b. Joint custody of the minor child, with week-to-week visitation to the parties
`with a mid-week overnight visitation;
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`c. Establish Child support pursuant to the guidelines;
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`d. Income assignment for the payment of child support, if any;
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`e. Petitioner to maintain medical insurance;
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`f. Payment of the medical expenses for the child of the marriage as set forth
`above;
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`g. Payment of daycare expenses for the child of the marriage as set forth
`above;
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`h. Respondent to claim the minor child as a dependent on his federal and state
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`income tax returns in even number years;
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`i All separate property acquired by him prior to marriage;
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`j- A fair and equitable division and distribution of the property and debts
`accumulated by the parties;
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`K. His retirement account(s) in his individual name, and
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`I Such other and further relief to which Respondent may be entitled and
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`which this Court deems just and proper.
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`yfiufly submitted,
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`HOLLY M. NféH, OBA#17055
`Attorney for Respondent
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`Legal Aid Services of Oklahoma, Inc.
`Norman Law Office
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`2227 W. Lindsey St., Suite 1550
`Norman, OK 73069
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`TEL: (405) 252-2468
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`FAX: (405)360-6632
`holly.nigh@laok.org
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`Verification
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`STATE OF OKLAHOMA )
`) 8s.
`COUNTY OF POTTAWATOMIE )
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`Tayer Mclinturff, being first duly sworn upon his oath, states:
`That he is Respondent above named; that he has read the above and foregoing
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`Respondent’s Response and Counterclaim for Dissolution of Marriage and knows the
`contents thereof, and that the statements, allegations and facts therefn set forth are true
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`and correct to the best of his information, knowledWh
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`Tayler Mf;!nturff, Respondént
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`Subscribed and sworn to before me this \_gifiday of &\{” AN A , 2025.
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`My Commission Expires: K\UKQBS /g:‘fid A \\Q\%\LQ)\» -2 10 \UG @R
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`Notary Public, #
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`CERTIFICATE OF MAILING
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`This is to certify that on the gfi’é’ day of ,*’;/gw , 2025, a true
`and correct copy of the above and foregoinig RESPONDENT'S RESPONSE AND
`COUNTERCLAIM FOR DISSOLUTION OF MARRIAGE was sent, via first class mail,
`postage prepaid to: Skylar L. Pasquali, Kelso Law Firm, PLLC., 1 NE 2" Street, Suite
`201, Oklahoma City, Oklahoma 73104 and by e-mail at skylar@kelsolawfirm.com.
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`LI N
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`Holly M. Nigh
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