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New York Divorce and Household Legislation Weblog: Chief Administrative Choose Adopts New Guidelines for Matrimonial Actions

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Chief Administrative Choose Adopts New Guidelines for Matrimonial Actions

By Administrative Order A/O/100/17, 22 NYCRR §202.50 (b)
was amended so as to add a brand new part 202.50 (b)(3).
The brand new part requires that each Uncontested and Contested
Judgment of Divorce include sure decretal paragraphs, together with one
in regards to the venue the place submit judgment functions for modification or
enforcement in Supreme Courtroom needs to be introduced. 22 NYCRR §202.50 (b)(3), which  is efficient August 1, 2017, gives as
follows:
202.50. Proposed Judgments in Matrimonial Actions; Varieties
(3) Extra Requirement with Respect to Uncontested
and Contested
Judgments of Divorce. Along with satisfying the
necessities of
paragraphs (1) and (2) of this subdivision, each
judgment of divorce,
whether or not uncontested or contested, shall embrace language
considerably in
accordance with the next decretal paragraphs which
shall supersede
any inconsistent decretal paragraphs at present required
for such kinds:
ORDERED AND ADJUDGED that the Settlement Settlement
entered into
between the events on the ___ day of ____, [ ] an
authentic OR [ ] a
transcript of which is on file with this Courtroom and
integrated herein by
reference, shall survive and shall not be merged into
this judgment, * and
the events are hereby directed to adjust to all
legally enforceable phrases
and situations of mentioned settlement as if such phrases and
situations have been set
forth of their entirety herein; and it’s additional
* In contested actions, this paragraph could learn both
[shall survive and
shall not be merged into this judgment] or [shall not
survive and shall be
merged into this judgment].
ORDERED AND ADJUDGED, that the Supreme Courtroom shall retain
jurisdiction to listen to any functions to implement the
provisions of mentioned
Settlement Settlement or to implement or modify the
provisions of this
judgment, supplied the courtroom retains jurisdiction of the
matter concurrently
with the Household Courtroom for the aim of particularly
imposing, such of the
provisions of that (separation settlement) (stipulation
settlement) as are
able to particular enforcement, to the extent permitted
by regulation, and of
modifying such judgment with respect to upkeep,
help, custody or
visitation to the extent permitted by regulation, or each; and
it’s additional
ORDERED AND ADJUDGED, that any functions introduced in
Supreme
Courtroom to implement the provisions of mentioned Settlement
Settlement or to implement
or modify the provisions of this judgment shall be
introduced in a County
whereby one of many events resides; supplied that if
there are minor youngsters
of the wedding, such functions shall be introduced in a
county whereby one
of the events or the kid or youngsters reside, besides.
within the discretion of the
choose, for good trigger. Good trigger functions shall be
made by movement or
order to point out trigger. The place the tackle of both occasion
and any little one or
youngsters is unknown and never a matter of public document, or
is topic to an
current confidentiality order pursuant to DRL § 254 or
FCA § 154-b, such
functions could also be introduced within the county the place the
judgment was entered;
By Administrative Order A/O/99/17, 22 NYCRR §202 was
amended to  add a brand new part 202.16-b.
The brand new part addresses the submission of written
functions in contested matrimonial actions. 
The brand new guidelines include limitations that are relevant to
to the submission of papers on pendente lite functions for alimony,
upkeep, counsel charges, little one help, unique occupancy, custody and
visitation until the necessities are waived by the choose for good trigger
proven. Amongst different issues, all orders to point out trigger and motions should be in
Instances New Roman, font 12 and double spaced. The supporting affidavit or
affidavit in opposition or legal professional affirmation in help or opposition or
memorandum of regulation could not exceed twenty (20) pages. Any knowledgeable affidavit could
not exceed eight (8) further pages. Reply affidavits or affirmations could not
exceed ten (10) pages. Surreply affidavits can solely be submitted with prior
courtroom permission. 22 NYCRR 202.16 – b, which 
is efficient July  1, 2017,
gives as follows:
§202.16-b Submission of Written Purposes in Contested
Matrimonial
(1) Applicability. This part shall be relevant to
all contested
matrimonial actions and proceedings in Supreme Courtroom
licensed by
subdivision (2) of Half B of part 236 of the Home
Relations Legislation.
(2) Until in any other case expressly supplied by any provision
of the CPLR or
different statute, and along with the necessities of twenty-two
NYCRR §202.16 (ok)
the place relevant, the next guidelines and limitations are
required for the
submission of papers on pendente lite functions for
alimony,
upkeep, counsel charges, little one help, unique
occupancy, custody and
visitation until mentioned necessities are waived by the
choose for good trigger
(i) Purposes which are deemed an emergency should comply
with 22
NYCRR §202.7 and supply for discover, the place relevant, in
accordance with
similar. These emergency functions shall obtain a
choice by the clerk
for processing and the courtroom for signature. Designating
an software as an
emergency with out good trigger could also be punishable by the
issuance of
sanctions pursuant to Half 130 of the Guidelines of the Chief
Administrative
Choose. Any software designated as an emergency with out
good trigger
shall be processed and regarded within the abnormal course
of native courtroom
(ii) The place practicable. all orders to point out trigger, motions
or crossmotions
for reduction needs to be made in a single order to point out trigger or
movement or
(iii) All orders to point out trigger and motions or cross
motions shall be
submitted on one-sided copy besides as in any other case supplied
in 22 NYCRR
§202.5(at or electronically the place licensed, with
one-inch margins on
eight and one half by eleven (8.5 x 11) inch paper with
all further
reveals tabbed. They shall be in Instances New Roman font 12
and double
spaced. They should be of enough high quality ink to permit
for the studying and
correct scanning of the paperwork. Self-represented
litigants could submit
handwritten functions supplied that the handwriting is
legible and
in any other case in conformity with these guidelines.
(iv) The supporting affidavit or affidavit in opposition
or legal professional
affirmation in help or opposition or memorandum of regulation
shall not exceed
twenty (20) pages. Any knowledgeable affidavit required shall
not exceed eight (8)
further pages. Any legal professional affirmation in help or
opposition or
memorandum of regulation shall include solely dialogue and
argument on points
of regulation apart from info identified solely to the legal professional. Any
reply affidavits or
affirmations to the extent permitted shall not exceed ten
(10) pages. Surreply
affidavits can solely be submitted with prior courtroom
permission.
(v) Aside from affidavits of internet price (pursuant to 22
NYCRR §202.16
(b)), retainer agreements (pursuant to Rule 1400.3 of the
Joint Guidelines of the
Appellate Division). upkeep pointers worksheets
and/or little one
help worksheets, or counsel price billing statements or
affirmations or
affidavits associated to counsel charges (pursuant to Home
Relations Legislation §237
and 22 NYCRR §202.16(ok))’ all of which can embrace
attachments thereto,
all reveals annexed to any movement, cross movement, order
to point out trigger,
opposition or reply will not be larger than three (3)
inches thick with out
prior permission of the courtroom. All reveals should include
exhibit tabs.
(vi) If the appliance or responsive papers exceed the
web page or dimension
limitation supplied on this part, counsel or the
self-represented litigant
should certify in good religion the necessity to exceed such
limitation, and the courtroom
could reject or require revision of the appliance if the
courtroom deems the
(3) Nothing contained herein shall forestall a choose or
justice of the courtroom or
of a judicial district inside which the courtroom sits from
establishing native half
guidelines on the contrary or along with these guidelines.
By Administrative Order A/O 102/17, the Uncontested
Divorce Packet Varieties have been modified to replicate the will increase as of March 1, 2017
within the Self Help Reserve to $16,281 and within the Poverty Degree Revenue for a
single individual to $12,060.
(see
https://childsupport.ny.gov/dcse/child_support_standards.html).

Chief Administrative Choose Adopts New Guidelines for Matrimonial Actions