New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.16-a - Matrimonial actions; automatic orders

Current through Register
				  Vol. 46, No. 28, July 10, 2024
(a) Applicability. This section shall be
				  applicable to all matrimonial actions and proceedings in the Supreme Court
				  authorized by section
				  236
				  (2) of the Domestic Relations Law.
(b) Service. The plaintiff in a
				  matrimonial action shall cause to be served upon the defendant, simultaneous
				  with the service of the summons, a copy of the automatic orders set forth in
				  this section in a notice that substantially conforms to the notice contained in
				  Appendix F of this section. The notice shall state legibly on its face that
				  automatic orders have been entered against the parties named in the summons or
				  in the summons and complaint pursuant to this rule, and that failure to comply
				  with these orders may be deemed a contempt of court. The automatic orders shall
				  be binding upon the plaintiff immediately upon filing of the summons, or
				  summons and complaint, and upon the defendant immediately upon service of the
				  automatic orders with the summons. These orders shall remain in full force and
				  effect during the pendency of the action unless terminated, modified or amended
				  by further order of the court or upon written agreement between the
				  parties.
(c)
				  Automatic orders. Upon service of the summons in every matrimonial action, it
				  is hereby ordered that:
(1)
				  Neither party shall sell, transfer, encumber, conceal, assign, remove or in any
				  way dispose of, without the consent of the other party in writing, or by order
				  of the court, any property (including, but not limited to, real estate,
				  personal property, cash accounts, stocks, mutual funds, bank accounts, cars and
				  boats) individually or jointly held by the parties, except in the usual course
				  of business, for customary and usual household expenses or for reasonable
				  attorney's fees in connection with this action.
(2) Neither party shall
				  transfer, encumber, assign, remove, withdraw or in any way dispose of any tax
				  deferred funds, stocks or other assets held in any individual retirement
				  accounts, 401K accounts, profiting sharing plans, Keogh accounts, or any other
				  pension or retirement account, and the parties shall further refrain from
				  applying for or requesting the payment of retirement benefits or annuity
				  payments of any kind, without the consent of the other party in writing, or
				  upon further order of the court, except that any party who is already in pay
				  status may continue to receive such payments thereunder.
(3) Neither party shall incur
				  unreasonable debts hereafter, including but not limited to further borrowing
				  against any credit line secured by the family residence, further encumbrancing
				  any assets, or unreasonably using credit cards or cash advances against credit
				  cards, except in the usual course of business or for customary or usual
				  household expenses, or for reasonable attorney's fees in connection with this
				  action.
(4) Neither
				  party shall cause the other party or the children of the marriage to be removed
				  from any existing medical, hospital and dental insurance coverage, and each
				  party shall maintain the existing medical, hospital and dental insurance
				  coverage in full force and effect.
(5) Neither party shall change the
				  beneficiaries of any existing life insurance policies, and each party shall
				  maintain the existing life insurance, automobile insurance, homeowners and
				  renters insurance policies in full force and effect.
(6) These automatic orders
				  shall remain in full force and effect during the pendency of the action unless
				  terminated, modified or amended by further order of the court or upon written
				  agreement between the parties.
(7) The failure to obey these automatic
				  orders may be deemed a contempt of court.