Transcription of SUPREME COURT OF THE STATE OF NEW YORK …
1 SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF _____county in which divorce is pending--------------------------------- ------------------------------x: Index No. _____ insert COURT index no. Plaintiff, : AFFIDAVIT IN SUPPORT-against-:OF MOTION FOR CONTEMPT: Defendant. :--------------------------------------- -------------------------xSTATE OF new york )COUNTY OF _____) : where this affidavit is signedI,_____, being duly sworn, depose and say that: your am the _____in this divorce action. Plaintiff / submit this affidavit in support of my Motion for civil and criminal contemptsanctions against for his/her willful failure to comply with the opposing party s name circle oneOrder or Judgment of this COURT , dated _____.
2 A copy of that Order or date of Order or Judgment Judgment is annexed to this affidavit as Exhibit A. (attach copy of Order or Judgment) , this COURT awarded me temporary/final: date of Order or Judgment circle one 2 (Check the applicable boxes) Child Support Maintenance/Spousal Support custody visitation Equitable Distribution of Marital Property Other_____ describe other relief awarded_____4. Copy of such Order/Judgment was served upon _____ opposing party s nameby_____on_____. 5. _____ should be held in contempt of this opposing party s nameCourt s Order or Judgmentbecause:_____Describe why you think the opposing party should be held in contempt.
3 Include specific details of what he or shehas done or not done to comply . Provide affidavits of witnesses and police incident reports documenting custody orvisitation Attached to this affidavit as Exhibit B is the following documentation showing that _____ has wilfully and intentionally failed to comply with the opposing party s nameOrder or Judgment of this COURT : _____3_____Provide letters from opposing party. Where the basis for contempt is failure to pay support despite the means andability to do so, provide evidence of opposing party s income and assets, including his or her sworn affidavit of networth, bank statements, tax returns, I believe that nothing less than a fine and incarceration will persuade_____ to comply with the COURT s Order or Judgment. Otheropposing party s nameenforcement devices, including income deduction Orders, income executions, sequestration orposting of a bond will be or have been unsuccessful because: _____For example, include, if applicable, that opposing party is self-employed or employed off the books, has transferredassets to another party, or that the contempt relates to custody or visitation If_____ is not forced to comply with this opposing party s nameOrder, I will suffer the followinghardships:_____Describe hardships.
4 Some examples include, but are not limited to: possible eviction; loss of relationship withchild(ren); foreclosure; inability to pay for basic necessities such as food, clothing, shelter or health _____ s willful and intentional noncompliance with the opposing party s nameOrder or Judgment of this COURT has defeated, impaired, impeded and prejudiced my a) 9 I have made no prior application for the relief requested in this Motion. orb) 9 If prior application made, set forth the results of such prior application. check oneWHEREFORE, I respectfully request that my Motion be fully sign your nameSworn to before me this_____dayPrint name, address and telephone no. of _____,200_____(THIS AFFIDAVIT MUST BE NOTARIZED)_____06/27/05