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 Form California In Nassau
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Multi-State
County:
Nassau
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US-00003BG-I
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FAQ
428.50. (a) A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at the same time as the answer to the complaint or cross-complaint. (b) Any other cross-complaint may be filed at any time before the court has set a date for trial.
The defendant's filing of a complaint is called a cross-complaint, and the defendant is then called a cross-complainant and the party he/she sues is called a cross-defendant. The defendant must still file an answer or other response to the original complaint.
In fact, you should call the plaintiff attorney and ask for a short extension to respond. Perhaps a couple of weeks. Most of the time this is a courtesy that is granted and even addressed in statute. Even if the attorney files a default, it is almost certainly going to be set aside if you are just a few days late.
Basically, you can amend the complaint once as a matter of right. But you must do it before the defendant files a responsive pleading. Or you must do it before the due date for an opposition to a demurrer or motion to strike.
Generally, you have 30 days AFTER the date you are served to file a response with the court. The 30 days include weekend days and court holidays.
An answer may be amended once without leave of court within ten (10) days after the answer was filed, or if there is a demurrer to the answer, amendment without leave of court may be made before the demurrer hearing. Amendment as a matter of right is made by filing and serving the amended pleading. CCP § 430.40 (b).
A response to a cross-complaint generally must be filed within 30 days of being served with the cross-complaint. Code of Civil Procedure 432.10. If you learn later that you need to file a cross-complaint you can make a motion to ask for an order allowing you to file a cross-complaint.
Section 430.40 - Time for demur to complaint or cross-complaint; demur to answer (a) A person against whom a complaint or cross-complaint has been filed may, within 30 days after service of the complaint or cross-complaint, demur to the complaint or cross-complaint.
Option 1: Sign into your eFile account, modify your Return and download/print your updated CA Form 540/540NR under My Account. Then, complete Schedule X (amended return explanation). Attach Schedule X to your updated Form 540/540NR, sign the amended return and mail it to one of the addresses listed below.