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 Amend Form With Your Personal Information In Kings
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State:
Multi-State
County:
Kings
Control #:
US-00003BG-I
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FAQ
As the person who filed the Motion for Contempt, you will have to prove: that there is a valid court order; that the other party violated or disobeyed the order (Be prepared to say exactly how you think the order was disobeyed. that the other parent violated (or disobeyed) the court order on purpose.
Except as provided in subdivisions (2), (3) and (4), punishment for a contempt, specified in section seven hundred fifty, may be by fine, not exceeding one thousand dollars, or by imprisonment, not exceeding thirty days, in the jail of the county where the court is sitting, or both, in the discretion of the court.
If substituted or nail and mail service were used, the affidavit of service must be filed with the County Clerk within 20 days of the date of service.
To file a motion for contempt in New York, certain criteria must be met. There must be an existing order of the court that is clear and unambiguous, and the accused must be proven to have known about this order and willfully disobeyed it.
After a summons with notice is served, the defendant will demand that the plaintiff serve a complaint. The plaintiff must then have the complaint served within 20 days after being served with the demand, or the case may be dismissed.
A motion may be withdrawn at any time prior to its return date by filing with the clerk a written request signed by counsel for the moving party. A request to withdraw a motion after submission must be supported by a stipulation of withdrawal signed by all counsel.
A contempt motion is a motion filed in family court when the other parent doesn't obey a court order. The court order is most often based upon the agreement of the parties but sometimes is based upon solely a prior order entered by the judge.
Rule 6. Form of Papers. (a) All papers submitted to the Commercial Division shall not be inconsistent with CPLR 2101 and section 202.5(a) of this Part. Papers shall be double-spaced and contain print no smaller than 12 point, or 8½ × 11 inch paper, bearing margins no smaller than one inch.
The monetary threshold in the New York County Commercial Division, which is generally applicable, is an amount in controversy of $ 500,000 or more (exclusive of punitive damages, interest, costs, disbursements, and counsel fees).