This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of cohabitation by dependent spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Affidavit Motion Amend Without Consent In Clark
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State:
Multi-State
County:
Clark
Control #:
US-00003BG-I
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Word;
PDF;
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FAQ
If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You “serve” (mail) your motion to the other side.
If the opposing party does not answer, then you have to file a motion to compel the opposing party to respond. The party must answer your request if the court orders them to. If the party still does not answer, they can be held in contempt of court and/or a default judgment can be issued in your favor.
except when made during a trial or hearingmust be in writing, unless the court permits the party to make the motion by other means. must state the grounds on which it is based and the relief or order sought. may be supported by affidavit.
Bringing a motion by notice usually gives the other side weeks to respond and sets no real deadline for the court to make a decision. If the movant cannot wait weeks, she may submit an order to show cause, asking the court to set tight deadlines for a response and to make a decision.
An affidavit in support of a motion is always made by the moving party or the attorney for the moving party. A declaration is a statement under penalty of perjury, not sworn to before a notary. The research for a memorandum of points and authorities is sometimes done by a paralegal.
Section 202.8-g - Motions for Summary Judgment; Statements of Material Facts (a) Upon any motion for summary judgment, other than a motion made pursuant to CPLR 3213, the court may direct that there shall be annexed to the notice of motion a separate, short and concise statement, in numbered paragraphs, of the material ...
In that situation, often the judge will deny the motion or defer ruling until he or she hears some of the evidence in trial and has a better handle on the issues. There is certainly nothing wrong with the decision to defer ruling until later in the case.
If you do not respond with your own affidavit, the court may only have the evidence presented by the other party to consider, which could potentially impact the court's decision unfavorably against your interests.
More info
A motion is an application to the court for a specific court order within the confines of an existing case. In order to amend the original complaint you would need to file an amended Complaint if you initiated the child custody action originally.A party can amend a pleading once, as of right, "within twenty days after its service, or at any time before the period for responding to it expires. Ask for leave to amend, attach a copy of the proposed amended complaint to your motion, and show affirmatively why the other side cannot claim any prejudice. To ask the judge to set aside your default judgment, you must file a "motion" (a formal written request) with the court. Fill out the generic motion form below and title it "Motion to Amend Complaint. Motions must be filed at least five (5) business days before the return date of the motion. Motion to Amend Judgment - MAMJ (CIV). MAPO. Motion to Appear as Out of State Counsel - MAPO (CIV). MACO. Motion and Affidavit to Show Cause for Violation of TPO - MASC (FAM).