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Affidavit Motion Amend With Motion In Kings

State:
Multi-State
County:
Kings
Control #:
US-00003BG-I
Format:
Word; 
PDF; 
Rich Text
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Description

The Affidavit Motion Amend with Motion in Kings is a legal document utilized in court proceedings, specifically for modifying a divorce judgment concerning alimony. This form allows the Defendant to present evidence, such as cohabitation by the Plaintiff, as a basis to request changes to the alimony provisions set in the Final Judgment of Divorce. Users must fill in their personal details, the specific judgment provisions, and any payments made to date. The form requires notarization, ensuring that the statements made are sworn under oath, and emphasizes the need for a certificate of service to notify the Plaintiff and their attorney of the filing. This document is crucial for attorneys, partners, owners, associates, paralegals, and legal assistants who deal with family law cases, especially when addressing modification requests based on changes in circumstances. It provides clarity on the legal basis for the motion and supports the due process requirement by ensuring that all parties are informed.
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  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because of Cohabitation By Dependent Spouse
  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because of Cohabitation By Dependent Spouse

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FAQ

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.

The return date is the court date. The party making the motion chooses the court date and puts it in the Notice of Motion so everyone knows when to come to court.

A motion may be withdrawn at any time prior to its return date by filing with the clerk a written request signed by counsel for the moving party.

The Kings County Supreme Court Civil Term handles civil matters, including name changes, matrimonial cases, foreclosures, mental hygiene applications, and elder law cases; while the Criminal Term handles felony criminal matters.

This form is where you tell the Judge all of the important and relevant facts in support of your Motion. An Affidavit is a form of evidence that the Court can consider when making decisions, just like live testimony in Court and exhibits.

Decisions. If the motion or OSC can't be settled, the Judge will make a decision. Sometimes, the Judge makes a decision right away. If not, the Judge has 60 days by law to decide the motion.

The decision of the court shall be rendered within sixty days after the cause or matter is finally submitted or within sixty days after a motion under rule 4403, whichever is later, unless the parties agree to extend the time.

Motion papers must be filed with the E-file/Motion Support Office located in Room 227, Ex Parte Office located on the 10th Floor, Foreclosure Part Office located Room 295, OR in the Guardianship/Mental Hygiene Office located in Room 285 (see Note #2), at 360 Adams Street at least five (5) business days before the ...

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 summons with notice is a type of summons. The summons with notice is not served with the complaint. It contains all of the information described above for the summons, plus a brief description of the type of case and the relief the plaintiff is asking the court to grant.

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Affidavit Motion Amend With Motion In Kings