Fillable COURT CODE: OPPS Self-Represented DISTRICT COURT CLARK COUNTY, (Family Law Self Help Center)

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COURT CODE: OPPS Self-Represented DISTRICT COURT CLARK COUNTY, (Family Law Self Help Center)

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© 2020 Family Law Self-Help Center Opposition – Temporary Support & EP
* You are responsible for knowing the law about your case. For more information on the law, this form, and free
classes, visit www.familylawselfhelpcenter.org or the Family Law Self Help Center at 601 N. Pecos Road. To find
an attorney, call the State Bar of Nevada at (702) 382-0504.
1
COURT CODE: OPPS
Your Name:
Address:
Telephone:
Email Address:
Self-Represented
DISTRICT COURT
CLARK COUNTY, NEVADA
________________________________
Plaintiff,
vs.
________________________________
Defendant.
CASE NO.: ____________________
DEPT: ____________________
DATE OF HEARING: ___________
TIME OF HEARING: ____________
Optional: If an in-person hearing is not currently
set, would you like one? ( check one, the
clerk will set a hearing if needed)
Yes. Hearing Date: ______________
Hearing Time: ______________
No.
OPPOSITION TO MOTION FOR TEMPORARY SPOUSAL SUPPORT AND/OR
EXCLUSIVE POSSESSION AND COUNTERMOTION
(Your name) _____________________________________ files this Opposition and
Countermotion to the motion for temporary spousal support, and/or exclusive possession of the
marital residence.
POINTS AND AUTHORITIES
LEGAL ARGUMENT
Financial Disclosure Form (“FDF”) Certification ( check one)
❑ I filed a FDF in the last 6 months and have no material changes to report.
❑ I understand that I must file my FDF within 3 days of filing this opposition to support /
oppose a request for temporary spousal support and any other financial requests. Failure
to file a timely, complete, and accurate FDF may result in the court ruling against me
and/or imposing sanctions.
Page 2 of 6 – Opposition – Temporary Alimony & Exclusive Possession
In a pending divorce case, the court may order one spouse to pay temporary spousal
support to the other spouse. NRS 125.040. The court may also make orders affecting the
property of the parties, including awarding one spouse temporary exclusive possession of the
community residence. NRS 125.040 and EDCR 5.21.
OPPOSITION & COUNTERMOTION
A. Opposition & Countermotion for Temporary Spousal Support
❑ Neither party is requesting spousal support. (STOP. Go to Section B)
1. The Other Party’s Request for Spousal Support. (☒check one)
I agree to the other party’s request for temporary spousal support.
I do not agree with the other party’s request for temporary spousal support because:
(explain why you are opposed to paying the amount of spousal support requested)
2. My Request for Spousal Support. (☒check one)
I am not requesting temporary spousal support. (STOP. Go to Section B)
I am requesting temporary spousal support of (amount) $________ per month.
(Complete the box below and all remaining subsections)
a. Describe your work history, level of education, and any additional training/education
you believe is necessary to obtain your employment goals. (explain)
My gross monthly income $
Spouse’s gross monthly income $
My age
Spouse’s age
Years married
Page 3 of 6 – Opposition – Temporary Alimony & Exclusive Possession
b. I should be granted temporary spousal support because (explain why you need spousal
support. Be specific.)
c. I believe my spouse is able to pay the requested support because (explain)
d. (☒check all that apply)
❑ I live with my spouse.
❑ My spouse and I are both paying the community debts (car payments,
mortgage/rent, insurance, etc.).
❑ My spouse is paying the community debts.
❑ I am paying the community debts.
B. Opposition & Countermotion for Exclusive Possession of the Marital Residence
❑ Neither party is asking for exclusive possession of the marital residence.
(STOP. Go to Section C)
3. The Other Party’s Request for Exclusive Possession of the Marital Residence.
(☒check one)
I agree to the other party’s request for exclusive possession of the marital residence.
I do not agree with the other party’s request for exclusive possession of the marital
residence because: (explain why you are opposed to the request for exclusive possession of
the residence)
Page 4 of 6 – Opposition – Temporary Alimony & Exclusive Possession
4. My Request for Exclusive Possession of the Marital Residence. (☒check one)
I am not requesting exclusive possession of the marital residence.
(STOP. Go to Section C)
I am requesting exclusive possession of the marital residence located at: (address)
__________________________________________________________________.
The residence is
❑owned / ❑rented / ❑leased / ❑in foreclosure.
My gross monthly income $
My spouse’s gross monthly income $
a. (☒check one)
❑ We are both living in the residence.
❑ I am living in the residence.
❑ My spouse is living in the residence.
b. (☒ check one)
❑ There are no domestic violence issues.
❑ There are domestic violence issues between the parties. A TPO was issued on
(date) _________ in case (TPO case number) T______________.
c. I believe it is easier for my spouse to find alternative housing because: (explain)
d. Other issues that affect my request for exclusive possession (list anything else the
judge should consider in deciding who should stay in the residence):
Page 5 of 6 – Opposition – Temporary Alimony & Exclusive Possession
C. Other Relief
5. In addition to the relief requested above, I would like the Court to also order the following:
(Explain anything else that you would like the judge to order, or enter “N/A” if you do not
want anything else. Be specific.)
I respectfully ask the Court to deny the opposing party’s motion and grant me the relief requested
above, including an award of attorney’s fees if I am able to retain an attorney for this matter, and
any other relief the Court finds appropriate.
DATED _____________________________, 20____.
Submitted By: (your signature)
(print your name)
/s/
Page 6 of 6 – Opposition – Temporary Alimony & Exclusive Possession
DECLARATION IN SUPPORT OF OPPOSITION TO MOTION FOR TEMPORARY
SPOUSAL SUPPORT AND/OR EXCLUSIVE POSSESSION & COUNTERMOTION
I declare, under penalty of perjury:
a. I have read the foregoing opposition, and the factual averments it contains are true and
correct to the best of my knowledge, except as to those matters based on information and
belief, and as to those matters, I believe them to be true. Those factual averments contained
in the referenced filing are incorporated here as if set forth in full.
b. Any Exhibit(s) in support of this Opposition will be filed separately in an Exhibit Appendix.
I declare under penalty of perjury under the law of the State of Nevada that the foregoing
is true and correct.
DATED _____________________________, 20____.
Submitted By: (your signature)
(print your name)
/s/
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COURT CODE: OPPS Self-Represented DISTRICT COURT CLARK COUNTY, (Family Law Self Help Center)

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Completed 15 January 2021

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