(Form UD-11 - Rev. 5/99)
At the Matrimonial/IAS Part At the Matrimonial/IAS Part
of New York State Supreme Court at
the Courthouse,
County, on .
Present:
Hon. Justice/Referee
--------------------------------------------------------X
Index No.:
Plaintiff, Calendar No.:
-against- Social Security No.:
JUDGMENT OF DIVORCE
Defendant.
--------------------------------------------------------X
THE FOLLOWING NOTICE IS APPLICABLE OR NOT
APPLICABLE NOTICE REQUIRED WHERE PAYMENTS THROUGH
SUPPORT COLLECTION UNIT
NOTE: (1) THIS ORDER OF CHILD SUPPORT SHALL BE ADJUSTED
BY THE APPLICATION OF A COST OF LIVING ADJUSTMENT AT THE
DIRECTION OF THE SUPPORT COLLECTION UNIT NO EARLIER THAN
TWENTY-FOUR MONTHS AFTER THIS ORDER IS ISSUED, LAST
MODIFIED OR LAST ADJUSTED, UPON THE REQUEST OF ANY PARTY TO
THE ORDER OR PURSUANT TO PARAGRAPH (2) BELOW. UPON
APPLICATION OF A COST OF LIVING ADJUSTMENT AT THE DIRECTION
OF THE SUPPORT COLLECTION UNIT, AN ADJUSTED ORDER SHALL BE
SENT TO THE PARTIES WHO, IF THEY OBJECT TO THE COST OF LIVING
ADJUSTMENT, SHALL HAVE THIRTY-FIVE (35) DAYS FROM THE DATE
OF MAILING TO SUBMIT A WRITTEN OBJECTION TO THE COURT
INDICATED ON SUCH ADJUSTED ORDER. UPON RECEIPT OF SUCH
WRITTEN OBJECTION, THE COURT SHALL SCHEDULE A HEARING AT
WHICH THE PARTIES MAY BE PRESENT TO OFFER EVIDENCE WHICH
THE COURT WILL CONSIDER IN ADJUSTING THE CHILD SUPPORT
ORDER IN ACCORDANCE WITH THE CHILD SUPPORT STANDARDS ACT.
(2) A RECIPIENT OF FAMILY ASSISTANCE SHALL HAVE THE
CHILD SUPPORT ORDER REVIEWED AND ADJUSTED AT THE DIRECTION
OF THE SUPPORT COLLECTION UNIT NO EARLIER THAN TWENTY-FOUR
MONTHS AFTER SUCH ORDER IS ISSUED, LAST MODIFIED OR LAST
ADJUSTED WITHOUT FURTHER APPLICATION BY ANY PARTY. ALL
PARTIES WILL RECEIVE A COPY OF THE ADJUSTED ORDER.
(Form UD-11 - Rev. 5/99)
(Form UD-11 - Rev. 5/99)
(3) WHERE ANY PARTY FAILS TO PROVIDE, AND UPDATE UPON
ANY CHANGE, THE SUPPORT COLLECTION UNIT WITH A CURRENT
ADDRESS, AS REQUIRED BY SECTION TWO HUNDRED FORTY-B OF THE
DOMESTIC RELATIONS LAW, TO WHICH AN ADJUSTED ORDER CAN BE
SENT, THE SUPPORT OBLIGATION AMOUNT CONTAINED THEREIN
SHALL BECOME DUE AND OWING ON THE DATE THE FIRST PAYMENT IS
DUE UNDER THE TERMS OF THE ORDER OF SUPPORT WHICH WAS
REVIEWED AND ADJUSTED OCCURRING ON OR AFTER THE EFFECTIVE
DATE OF THE ADJUSTED ORDER, REGARDLESS OF WHETHER OR NOT
THE PARTY HAS RECEIVED A COPY OF THE ADJUSTED ORDER.
This action was submitted to the referee OR this court for consideration
this day of OR for inquest on this day
of
.
The Defendant was served personally OR pursuant to court order dated
within OR outside the State of New York.
Plaintiff presented a Verified Complaint and Affidavit of Plaintiff constituting the facts
of the matter OR Summons With Notice and Affidavit of Plaintiff constituting the
facts of the matter.
The Defendant has not appeared and is in default OR appeared and waived
his or her right to answer OR filed an answer or amended answer withdrawing
any prior pleadings and neither admitting nor denying the allegations in the complaint
and consenting to the entry of judgment OR the parties settled the ancillary issues
by written stipulation OR oral stipulation on the record dated
.
The Court accepted written OR oral proof of non-military status.
The Plaintiff’s address is , and
social security number is . The Defendant’s address is ,
and social security number is
(Form UD-11 - Rev. 5/99)
Now on motion of , the attorney for Plaintiff OR Plaintiff , it is:
ORDERED AND ADJUDGED that the Referee’s Report, if any, is hereby confirmed;
and it is further
ORDERED, ADJUDGED AND DECREED that the marriage between
,
plaintiff, and , defendant, is hereby
dissolved by reason of:
(a) the cruel and inhuman treatment of Plaintiff by Defendant OR
Defendant by Plaintiff pursuant to DRL §170(1); and/or
(b) the abandonment of Plaintiff OR Defendant by Plaintiff OR
Defendant, for a period of one or more years, pursuant to DRL §170(2);
and/or
(c) the confinement of Plaintiff OR Defendant in prison for a
period of three or more consecutive years after the marriage of Plaintiff
and Defendant, pursuant to DRL §170(3); and/or
(d) the commission of an act of adultery by Plaintiff OR
Defendant, pursuant to DRL §170(4); and/or
(e) the parties having lived separate and apart pursuant to a decree or
judgment of separation dated for a period of one or more
years after the granting of such decree or judgment, pursuant to DRL
§170(5); and/or
(f) the parties having lived separate and apart pursuant to a Separation
Agreement dated in compliance with the provisions of
DRL §170(6); and it is further
(Form UD-11 - Rev. 5/99)
ORDERED AND ADJUDGED that Plaintiff OR Defendant OR
third party, namely: shall have custody of
the minor child(ren) of the marriage, i.e.:
Name Date of Birth Social Security No.
OR There are no minor children of the marriage ; and it is further
ORDERED AND ADJUDGED that Plaintiff OR Defendant shall have
visitation with the minor child(ren) of the marriage in accordance with the
parties’ settlement agreement OR according to the following schedule :
OR Visitation is not applicable ; and it is further;
ORDERED AND ADJUDGED that the existing County,
Court order(s) under Index No. OR
Docket No. , as to custody OR visitation OR
maintenance shall continue, and a copy of this judgment shall be served by Plaintiff
OR Defendant upon the Clerk of the County
Court within days of its entry;
OR There are no court orders with regard to custody, visitation or maintenance to
be continued ; and it is further
ORDERED AND ADJUDGED that Plaintiff OR Defendant shall pay to
(Form UD-11 - Rev. 5/99)
Plaintiff OR Defendant OR third party, namely:
, as and for the support of the
parties’ unemancipated children, the sum of $ per ,
pursuant to an existing order issued by the County,
Court, under Index OR Docket Number
, the terms of which are hereby continued. Plaintiff OR
Defendant shall serve a copy of this Judgment upon the Clerk of the
County, Court within days of
its entry; OR There are no orders from other courts to be continued ; and it is
further
ORDERED AND ADJUDGED that Plaintiff OR Defendant shall pay to
Plaintiff OR Defendant the sum of $ per week OR bi-
weekly OR per month as and for maintenance commencing on and
thereafter on the day of each week OR
bi-week OR month until ; OR That there is no
award of maintenance ; and it is further
ORDERED AND ADJUDGED that Plaintiff OR Defendant shall pay to
Plaintiff OR Defendant OR third party, namely:
as and for the support of the parties’ unemancipated child(ren), namely:
Name Date of Birth
(Form UD-11 - Rev. 5/99)
the sum of $ per week OR bi-weekly OR per month,
commencing on , and to be paid directly to Plaintiff OR
Defendant OR third party, namely: , OR through the
County Support Collection Unit located at ,
together with such dollar amounts or percentages for child care OR education
OR health care as set forth below in accordance with the Court’s decision OR
the parties’ Settlement Agreement. Such Agreement is in compliance with DRL
§240(1-b)(h) because:
The parties have been advised of the provisions of DRL Sec.
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
Sec. 111-I; the basic child support obligation, as defined in DRL
Sec. 240(1-b), presumptively results in the correct amount of child
support to be awarded, and the agreed upon amount substantially
conforms to the basic support obligation attributable to the non-
custodial parent; the amount awarded is neither unjust nor
inappropriate, and the Court has approved such award through the
Findings of Fact and Conclusions of Law;
OR
The basic support obligation, as defined in DRL Sec. 240 (1-b),
presumptively results in the correct amount of child support to be
awarded, and the amount attributable to the non-custodial parent
is
$ per ; the amount of child
support agreed to in this action deviates from the amount
attributable to the non-custodial parent, and the Court has
approved of such agreed-upon amount based upon the reasons
set forth in the Findings of Fact and Conclusions of Law, which
are incorporated herein by reference; and it is further
OR This provision is not applicable .
ORDERED AND ADJUDGED that Plaintiff OR Defendant shall pay to
(Form UD-11 - Rev. 5/99)
Plaintiff OR Defendant OR third party, namely:
,
the sum of $ per week OR bi-weekly OR per month as and
for child care expenses, OR as follows:
OR Not applicable ; and it is further
ORDERED AND ADJUDGED that Plaintiff OR Defendant shall pay to
Plaintiff OR Defendant OR third party, namely:
, the sum of $ per week OR bi-weekly OR per month as and
for future reasonable health care, OR as follows:
OR Not applicable ; and it is further
ORDERED AND ADJUDGED that Plaintiff OR Defendant shall pay to
Plaintiff OR Defendant OR third party,namely:
,
the sum of $ per week OR bi-weekly OR per month as and for
present OR future AND post-secondary OR private OR
special OR enriched education for the children, OR as follows:
(Form UD-11 - Rev. 5/99)
OR Not applicable ; and it is further
ORDERED AND ADJUDGED that Plaintiff OR Defendant is hereby awarded
exclusive occupancy of the marital residence located at
,
together with its contents until further order of the
court, OR as follows:
OR Not applicable ; and it is further
ORDERED AND ADJUDGED that the Settlement Agreement entered into
between the parties on the day of , a copy OR
transcript of which is on file with this Court and incorporated herein by reference, shall
survive and shall not be merged into this judgment, and the parties are hereby directed to
comply with all legally enforceable terms and conditions of said agreement as if such
terms and conditions were set forth in their entirety herein, and this Court retains
jurisdiction of this matter concurrently with the Family Court for the purposes of
specifically enforcing such of the provisions of said Agreement as are capable of
specific enforcement to the extent permitted by law with regard to maintenance, child
support, custody and/or visitation, and of making such further judgment 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
ORDERED AND ADJUDGED that a separate Qualified Medical Child Support Order
shall be issued simultaneously herewith OR Not applicable; and it is further
ORDERED AND ADJUDGED that, pursuant to the parties' Settlement Agreement
OR the court’s decision , a separate Qualified Domestic Relations Order shall be issued
simultaneously herewith or as soon as practicable OR Not applicable ; and it is
(Form UD-11 - Rev. 5/99)
further
ORDERED AND ADJUDGED that, pursuant to this Court’s direction OR
pursuant to the parties’ agreement, this Court shall issue an income deduction order
simultaneously herewith OR Not applicable ; and it is further
ORDERED AND ADJUDGED that both parties are authorized to resume the use of any
former surname, and it is further
ORDERED AND ADJUDGED that Plaintiff OR Defendant is authorized to
resume use of the prior surname .
ORDERED AND ADJUDGED that Plaintiff OR Defendant shall be served
with a copy of this judgment, with notice of entry, by the Plaintiff OR
Defendant , within days of such entry.
Dated:
ENTER:
____________________________
J.S.C./Referee
____________________________
CLERK
(Form UD-11 - Rev. 5/99)
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