N.Y. Comp. Codes R. & Regs. tit. 22, subtit. D, ch. III, subch. B, Matrimonial judgment entered upon referee's report

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Current through Register Vol. 46, No. 53, December 31, 2024

Matrimonial judgment entered upon referee's report

MATRIMONIAL JUDGMENT ENTERED UPON REFEREE'S REPORT

At the Supreme Court, ________County, held at the courthouse at ________,

New York, on the ________ day of ________,

19 ________.

PRESENT:

HON. (Justice Supreme Court) ________

TITLE OF ACTION

The issues in this action having been referred to a referee to hear and report, and the referee having submitted his report,

NOW, on motion of ________, Esq., attorney for the (plaintiff) (defendant), it is

ORDERED, that the Referee's Report is confirmed; and it is further

Adjudged that the marriage between, ________ plaintiff, and ________, defendant, is dissolved by reason of

____________

(e) All pleadings, briefs or memor and a which reproduce, paraphrase or disclose any documents which have previously been designated by a party as comprising or containing Confidential Information or "Highly Confidential - Attorney's Eyes-Only Information" shall identify such documents by the production number ascribed to them at the time of production.

Separation

Adjudged that ________, plaintiff, be and (s)he hereby is separated from the bed and board of ________, defendant, by reason of

____________

Annulment

Adjudged that the marriage contract heretofore existing between ________ plaintiff, and ________, defendant, is annulled because of the fraud of the defendant; and it is further

Declaration of Nullity of Void Marriage

Adjudged that the marriage entered into between ________, plaintiff, and ________, defendant, on the ________ day of ________, 19 ________, is declared null and void because of the prior subsisting marriage of the defendant; and it is further

Custody of Children

Adjudged that (plaintiff) (defendant) is awarded custody of the infant issue of the marriage, to wit:

________, born ________, 19 ________

________, born ________, 19 ________;

and it is further

Visitation

Ordered and Adjudged that (plaintiff) (defendant) may have visitation with the ________ (number) infant children away from the custodial residence during the following periods:

(a) on Saturday or Sunday of each week between the hours of ________ a.m. and ________ p.m., provided (defendant) (plaintiff) shall notify (defendant) (plaintiff) not later than Wednesday of each week of the day selected;

(b) on the following holiday days, between the hours of ________ a.m. and ________ p.m., in odd-numbered years

____________

(c) on the following holiday days between the hours of ________ a.m. and ________ p.m., in even-numbered years

____________

(d) for a period of ________ consecutive calendar weeks during the summer recess from school, beginning on Sunday of the first week selected, provided (defendant)(plaintiff)) shall notify (plaintiff) (defendant) not later than June 10th in each year of the particular weeks selected; and it is further

Family Court Order Continued

Ordered and Adjudged that the order made the ________ day of ________, 19 ________, by the Family Court of the State of New York, County of ________, in the proceeding bearing Docket number is continued, and a copy of this judgment shall be served by plaintiff's attorney upon the Clerk of said Court within 10 days after the date hereof; and it is further

Findings as to Pro Rata Share and it is further Adjudged that:

(a) The basic child support obligation in this case is $ ________ per ________; [plus, if applicable, expenses for child care, health care not covered by insurance, and educational or other extraordinary expenses]; and

[FN1] (b) The non-custodial parent's pro rata share of the basic child support obligation is neither unjust nor inappropriate.

[FN2] (b) Upon consideration of the following factors specified in § 240(1- b)(f):

the non-custodial parent's pro rata share of the basic child support obligation is unjust or inappropriate in that:

[FN3] (b) The parties have voluntarily agreed to child support for the child(ren)

[names] payable by ________ to ________ in the amount of $ ________ per ________, such stipulation reciting, in compliance with D.R.L. § 240(1-b);

The parties have been advised of the provisions of D.R.L. § 240(1-b);

The unrepresented party, if any, has received a copy of the child support standards chart promulgated by the commissioner of Social Services pursuant to Social Services Law § 111-i;

The basic child support obligation in this case is $ ________ per ________; and basic child support obligation as defined in D.R.L. § 240(1-b) presumptively results in the correct amount of child support to be awarded;

The basic child support obligation in this case is $ ________ per ________ [plus, if applicable, expenses for child care health care not covered by insurance, and educational or other extraordinary expenses]; and

[FN4](c) The amount of child support agreed to therein conforms to the basic child support obligation.

[FN5](c) The amount of child support agreed to therein deviates from the basic child support obligation, for the following reasons:

____________

____________;

And the Court having found the parties' agreement to deviate from the basic child support obligations is approved for the following reasons: [See D.R.L. § 240(1-b) (f)]

and it is further

Maintenance and Child Support Payable to (Plaintiff) (Defendant) Only

Ordered and Adjudged that the defendant shall pay to the plaintiff (third party ________) by check or money order drawn to (his) (her) order and forwarded on ________ (day) of each week commencing with ________ (date), 19 ________, the first ________ (date) after the date of this judgment, to (the plaintiff) (third ________ party) at (his) (her) residence or at such other place as (he) (she) may designate in writing, the sum of $ ________ per week as maintenance, plus the sum of $ ________ per week per child for the support of the children, making a total sum of $ ________ per week, which total sum is inclusive of all obligations of defendant for the support and maintenance of plaintiff and the children except extraordinary medical or dental expense

Exclusive Possession of Real Property

Ordered and Adjudged that (plaintiff) (defendant) is awarded exclusive possession of the marital premises, to wit:

____________

( Set forth either street address or, if there is no street number, the metes and bounds description.)

until the youngest child is 21, or sooner emancipated, and (plaintiff) (defendant) shall within ________ days after service upon (him) (her) of a copy of this judgment with notice of entry remove (himself) (herself) therefrom, and upon proof by affidavit of (plaintiff) (defendant) and (his) (her) attorney of (defendant's) (plaintiff's) failure to remove from said premises within the time herein provided, a writ of assistance shall issue without further notice to (defendant) (plaintiff); and it is further

Equitable Distribution

Ordered and Adjudged that the marital property shall be distributed as follows:

____________

Counsel Fee

Ordered and Adjudged that the defendant shall pay to the plaintiff, by check or money order, forwarded to (him) (her) at (his)(her)(residence) (the office of (his)(her) attorney) within ________ days after service upon him of a copy of this judgment with notice of entry, as and for counsel fee and expenses, the sum of $ ________; and it is further

Separation Agreement or Stipulation

Ordered and Adjudged that the (separation agreement) (stipulation) entered into between the parties on the ________ day of ________, 19 ________, a copy of which is attached to and incorporated in this judgment by reference, shall (not survive and shall be merged) (survive and shall not be merged) in this judgment, and the parties hereby are directed to comply with every legally enforceable term and provision of such (separation agreement) (stipulation) including any provision to submit an appropriate issue to arbitration before a single arbitrator, as if such term or provision were set forth in its entirety herein, and the court retains jurisdiction of the matter concurrently with the Family Court for the purpose of specifically enforcing such of the provisions of that (separation agreement) (stipulation) as are capable of specific enforcement, to the extent permitted by law, and of making such further judgment with respect to maintenance, support, custody or visitation as it finds appropriate under the circumstances existing at the time application for that purpose is made to it, or both; and it is further

Permission to Resume Prior Surname

Ordered and Adjudged that (plaintiff) (defendant) is authorized to resume the use of her maiden name or other former surname, to wit: ________; and it is further

Money Judgment for Arrears

Ordered and Adjudged that plaintiff, ________, residing at ________, recover from ________, residing at ________, the sum of $ ________, as arrears due under the order of this court (Family Court, ________ County), dated ________, 19 ________, and that plaintiff have execution therefor.

______

Signature

ENTER (IN ________ COUNTY)

Justice Supreme Court

[FN1] Only one of the alternative sub-paragraphs (b) will be appropriate in each case; delete the inapplicable provisions.

[FN2] Only one of the alternative subparagraphs (b) will be appropriate in each case; delete the inapplicable provisions.

[FN3] Only one of the alternative sub-paragraphs (b) will be appropriate in each case; delete the inapplicable provisions.

[FN4] Only one of the two subparagraphs (c) will be appropriate to the agreement or stipulation; delete the inapplicable provisions.

[FN5] Only one of the two subparagraphs (c) will be appropriate to the agreement or stipulation; delete the inapplicable provisions.

N.Y. Comp. Codes R. & Regs. tit. 22, subtit. D, ch. III, subch. B, Matrimonial judgment entered upon referee's report