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) › Findings of fact and conclusions of law

Current through Register Vol. 46, No. 28, July
				  10, 2024
APPENDIX B
FINDINGS OF FACT AND CONCLUSIONS OF
					 LAW
Title
The issues of this action having duly come
					 on for hearing before me as one of the Justices of this Court at Part ________
					 hereof, held in and for the County of ________ on the ________ day(s) of
					 ________, 19 ________, and having heard the allegations and proofs of the
					 respective parties, and due deliberation having been had thereon:
NOW, after hearing ________, Esq., attorney
					 for the plaintiff, and ________ Esq., attorney for the defendant, I do hereby
					 make the following findings of essential facts which I deem established by the
					 evidence and reach the following conclusions of law.
Age of Parties - No Guardian Needed
FIRST: That plaintiff and defendant were
					 both over the age of 18 when this action was commenced.
Age of Parties - Under-age Party
FIRST: That (plaintiff)(defendant) was over
					 the age of 18 years when this action commenced and (defendant) (plaintiff) was
					 then and now is under 18, to wit:
________ years of age and appears herein by
					 ________ (parent and natural guardian) (duly appointed as guardian by order
					 dated ________, 19 ________).
Residence - One Year
SECOND: That at the time of the commencement
					 of this action and for a continuous period of at least one year immediately
					 preceding such commencement, (plaintiff) (defendant) resided in this State and
					 (the parties were married in the State) (the parties have resided in this State
					 as husband and wife) (the cause occurred in this State).
Residence - Two Years
SECOND: That for a continuous period of at
					 least two years immediately preceding commencement of this action, (plaintiff)
					 (defendant) resided in this State.
Residence - No Required Time
SECOND: That at the time of the commencement
					 of this action both plaintiff and defendant resided in this State and the cause
					 occurred in this State.
Marriage
THIRD: That plaintiff and defendant were
					 married on ________, 19 ________, in ________.
No Children
FOURTH: That there is no issue of this
					 marriage.
Children
FOURTH: That there are ________ children
					 (born of) (adopted by) the parties to this marriage, whose names and dates of
					 birth are as follows:
____________
____________
Cruelty
FIFTH: That at the following times, none of
					 which is earlier than five years before the date of commencement of this
					 action, defendant committed the following acts which endangered the plaintiff's
					 (physical)(mental)(physical and mental) well-being, and rendered it
					 (unsafe)(improper)(unsafe and improper) for plaintiff to continue to reside
					 with defendant.
____________
____________
(Spell out in letter subparagraphs, the acts
					 or omissions to act for which there is proof in the minutes.)
Abandonment
FIFTH: That the defendant without cause or
					 justification and without plaintiff's consent on the ________ day of ________,
					 19 ________, abandoned plaintiff with intent not to return and has been
					 willfully and continuously absent from the home of the parties since
					 ________
(in divorce actions add: for a period of one
					 year prior to the commencement of this action)
Confinement to Prison
FIFTH:
(a) That after the marriage of plaintiff and
				  defendant,defendant was confined in prison for a period of three or more
				  consecutive years, to wit: that defendant was confined in prison on the
				  ________ day of ________, 19 ________, and remained confined until the ________
				  day of ________, 19 ________; and
(b) not more than five years elapsed between
				  the date the cause of action arose and the date of commencement of this action.
Adultery
FIFTH:
(a) That on the ________ day of ________, 19
				  ________, at premises ________, the defendant committed adultery with ________;
				  and
(b) not more than five years
				  elapsed between the date of said adultery and the date of commencement of this
				  action.
Neglect to Support
FIFTH:
(a) That defendant has (neglected)(refused)
				  to provide for the support of plaintiff since the ________ day of ________, 19
				  ________; and
(b) not more than
				  five years elapsed between the date the cause of action arose and the date of
				  commencement of this action.
Living Apart under Separation Decree
FIFTH:
(a) That a judgment separating the parties
				  was entered on the ________ day of ________, 19 ________, by the ________ Court
				  of the State of ________; and
(b)
				  that the parties have lived apart pursuant to said judgment for a period of one
				  year after the granting of such judgment; and
(c) that the plaintiff has substantially
				  performed all the terms and conditions of such judgment.
Living Apart under Separation
					 Agreement
FIFTH:
(a) That the plaintiff and defendant entered
				  into a written agreement of separation, which they subscribed and acknowledged
				  on the ________ day of ________, 19 ________, in the form required to entitle a
				  deed to be recorded; and
(b) that
				  the (agreement)(a memorandum of said agreement) was filed in the office of the
				  Clerk of the County of ________, wherein (plaintiff) (defendant) resided on the
				  ________ day of ________, 19 ________; and
(c) that the parties have lived separate and
				  apart for a period of one year after the execution of said agreement;
				  and
(d) that the plaintiff has
				  substantially performed all the terms and conditions of such
				  agreement.
Annulment for Fraud
FIFTH:
(a) That prior to the marriage of the
				  parties, the defendant represented to plaintiff that ________
(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.
(b) that said
				  representation was false; and
(c)
				  that said representation was made to induce plaintiff to enter into the
				  marriage; and
(d) that plaintiff
				  believed and relied upon said representation, and would not have entered into
				  the marriage had the representation not been made or had plaintiff known that
				  defendant did not intend to ________
(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.
(e) that defendant after
				  the marriage refused to ________
(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.
(f) that plaintiff has not
				  cohabited with defendant since discovery of the falsity of the representation;
				  and
(g) that three years have not
				  elapsed since discovery of the facts constituting the fraud.
(For other grounds see § 140, Domestic
					 Relations Law.)
Declaration of Nullity of Void
					 Marriage
FIFTH:
(a) That prior to his marriage to plaintiff
				  and on the day ________ of ________, 19 ________, defendant married ________
				  (name) in ________ (place); and
(b)
				  that on the date of the marriage of plaintiff and defendant the marriage
				  between defendant and ________ (name) had not been terminated by the judgment
				  of any court; and
(c) on the date
				  of the marriage of plaintiff and defendant, defendant's prior spouse was alive
				  and the prior marriage of defendant was valid and subsisting.
Arrears Due under Temporary Order
SIXTH:
(a) That by order of this court (or: by order
				  of the Family Court, ________ County) dated the ________ day of ________, 19
				  ________, defendant was required to pay to plaintiff, as and for maintenance
				  and child support, the sum of $ ________ per week, and as counsel fee, the sum
				  of $ ________; and
(b) that there
				  became due under said order through the ________ week of ________, 19 ________,
				  the total sum of $ ________, no part of which has been paid except $ ________;
				  and
(c) that defendant is in
				  arrears under said order in the total sum of $ ________ for said
				  period.
Separate and Marital Property
SEVENTH:
(a) That the following is separate property
				  owned by plaintiff:
________; and
(b) that the following is separate property
				  owned by defendant:
________; and
(c) that the following is marital property to
				  be disposed of equitably pursuant to Domestic Relations Law, section
				  236B(5):
____________
____________
(List findings required under Domestic
					 Relations Law, section 236B[5][d][1]-[10].)
Custody
EIGHTH: That the children of the marriage
					 now reside with (plaintiff) (defendant).
Visitation
NINTH: That the (plaintiff) (defendant) is
					 entitled to visitation with the infant child(ren) away from the custodial
					 residence.
Exclusive Occupancy
TENTH: That the parties hereto are the
					 owners of premises known as ________
________(P.O. address).
Maintenance (pursuant to Domestic Relations
					 Law, section 236B[6])
ELEVENTH:
(a) That plaintiff is (not) employed and is
				  earning $ (net) ________ per week; and
(b) that defendant is (not) employed and is
				  earning $ (net) ________ per week; and
(c) that (plaintiff) (defendant) now receives
				  $ ________ per pursuant to an outstanding ________ Court order;
(d) that (plaintiff) (defendant) requires $
				  ________ per week for maintenance; ________
(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.
(e) that the parties have
				  entered into (a stipulation) (or/and agreement) dated ________, wherein
				  (plaintiff) (defendant) agrees to accept and (plaintiff) (defendant) agrees to
				  pay $ ________ per week as maintenance and $ ________ per week per child as and
				  for child support. That the terms of the agreement were fair and reasonable at
				  the time of the making of the agreement and are not unconscionable at the time
				  of the entry of judgment herein.
(f) Neither of the parties seeks equitable
				  distribution of the marital property.
Child Support
TWELFTH:
(a) The award of child support in accordance
				  with D.R.L. § 240(1-b) is based on the following findings:
(i) the children of the marriage entitled to
				  receive parental support are:
[state names and dates of birth];
					 ________
(ii) the income of the
				  plaintiff, who is the (custodial) (non-custodial) parent, is
$ ________ per year;
(iii) the income of the defendant, who is the
				  (custodial) (non-custodial) parent, is
$ ________ year;
(iv) the applicable child support percentage
				  is ________ %;
(v) the basic child
				  support obligation is $ ________ per (week) (month)
[plus, if applicable, expenses for child
					 care, health care not covered by insurance, and educational or other
					 extraordinary expenses]
(vi) The
				  non-custodial parent's pro rata share of the basic child support obligation is
				  calculated as follows:
A. $
				  ________ per (week) (month) representing ________ % of the combined parental
				  income under $80,000 per year; plus
B. $ ________ per (week) (month) representing
				  ________ % of the combined parental income over $80,000 per year;
C. ________% of future reasonable health care
				  expenses not covered by insurance; [delete if inapplicable]
D. ________% of the reasonable child care
				  expenses; [delete if inapplicable]
E. ________% of educational or other
				  extraordinary expenses; [delete if inapplicable]
[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 Section
					 240
					 (1-b)(f) of the Domestic Relations
					 Law:
the non-custodial pro rata share of the
					 basic child support obligation is unjust or inappropriate in that:
OR
[FN3] (b) The parties have entered into a
					 (stipulation) (agreement) dated ________ wherein (plaintiff) (defendant) agrees
					 to pay $ ________ per (week) (month) for child support, such (stipulation)
					 (agreement) reciting, in compliance with D.R.L. § 240(1-b)(h),
					 that:
The parties have been advised of the
					 provisions of Section
					 240
					 (1-b) of the Domestic Relations Law;
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 as
					 defined in DRL Section 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, and the parties'
					 reasons for not providing that amount are
____________
____________
____________;
And the court having found the parties'
					 agreement to deviate from the basic child support obligation is approved for
					 the following reasons: [See DRL § 240(1-b)(f)]
Counsel Fees
THIRTEENTH: That the attorney for the
					 (plaintiff) (defendant) is entitled to counsel fees.
Jurisdiction Obtained
FOURTEENTH: That jurisdiction as required by
					 section
					 230 of
					 the Domestic Relations Law has been obtained.
Removal of Barriers to Remarriage
FIFTEENTH: That plaintiff has filed a
					 verified statement that (he) (she) has taken all steps solely within (his)
					 (her) power to remove all barriers to defendant's remarriage following the
					 (annulment) (divorce).
Plaintiff Entitled to Judgment
SIXTEENTH: That plaintiff is entitled to
					 judgment (of divorce) (of separation) (of annulment) (declaring the nullity of
					 the marriage) and granting the incidental relief awarded (herein) (in the
					 JUDGMENT signed this date).
Dated: ________
Justice Supreme Court
[FN1] Only one of the three alternative
					 subparagraphs (b) will be appropriate; delete the inapplicable
					 provisions.
[FN2] Only one of the three alternative
					 subparagraphs (b) will be appropriate; delete the inapplicable
					 provisions.
[FN3] Only one of the three alternative
					 subparagraphs (b) will be appropriate; delete the inapplicable
					 provisions.
[FN4] Only one of the three alternative
					 subparagraphs (b) will be appropriate; delete the inapplicable
					 provisions.
[FN5] Only one of the three alternative
					 subparagraphs (b) will be appropriate; delete the inapplicable
					 provisions.