New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle D - Forms › Chapter III - Supreme And County Court Forms › Subchapter B - Forms Authorized By Section 202.50(b) › Matrimonial judgment entered upon referee's report

Current through Register Vol. 46, No. 28, July
				  10, 2024
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
____________
____________
(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.
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 ________
________, 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
____________
____________
(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.
(c) on the following
				  holiday days between the hours of ________ a.m. and ________ p.m., in
				  even-numbered years
____________
____________
(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.
(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.
OR
[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:
OR
[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.
OR
[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
(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.
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:
____________
____________
(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.
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.