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Fill and Sign the Ny Divorce 497321996 Form

Fill and Sign the Ny Divorce 497321996 Form

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(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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