Divorce Commencing the Action and the Automatic Orders – The Continuing Need for a Restraining Order

There is a requirement that Automatic Orders be attached to every summons commencing a Divorce Action in New York State.  We have included a copy of those Orders below.  The Orders are designed to prevent parties to a divorce action from secreting or frivolously spending assets after the commencement of the action. the exception is the “usual course of business, for customary and usual household expense or for reasonable attorneys fees.

The Automatic Orders are effective but do not replace the need for a restraining order.  The restraining order freezes the assets and prevents use of the asset.  Significant assets need to be protected by a Temporary Restraining Order, ordered and signed by a Judge.

NOTICE OF ENTRY OF AUTOMATIC ORDERS (D.R.L. 236) Rev. 1/13

FAILURE TO COMPLY WITH THESE ORDERS MAY BE DEEMED

A CONTEMPT OF COURT 

PURSUANT TO Uniform Rules of the Trial Courts, and DOMESTIC RELATIONS LAW

  • 236, Part B, Section 2, both you and your spouse (the parties) are bound by the following AUTOMATIC ORDERS, which have been entered against you and your spouse in your divorce action pursuant to 22 NYCRR §202.16(a), and which 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:
  • ORDERED: Neither party shall transfer, encumber, assign, remove, withdraw 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.
  • ORDERED: 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, profit 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.
  • ORDERED: 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.
  • ORDERED: 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; and each party shall maintain the existing medical, hospital and dental insurance coverage in full force and effect.
  • ORDERED: 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.

IMPORTANT NOTE:  After service of the Summons with Notice or Summons and Complaint for divorce, if you or your spouse wishes to modify or dissolve the automatic orders, you must as the court for approval to do so, or enter into a written modification agreement with your spouse duly signed and acknowledged before a notary public.

Child Support Modification Petition Caution

Under New York Domestic Relations Law (DRL) Section DRL 240 1-b(b)(5)(v). the Court may impute (in essence add) income based on the parent’s former income or resources, if the court determines that a parent has reduced resources or income in order to reduce or avoid the parent’s obligation to pay child support. We can assist in Child Support Modification petitions.

Long Island Divorce Child Support Adjustments

Under New York Domestic Relations Law (DRL) Section DRL 240 1-b(b)(5)(v). the Court may impute (in essence add) income based on the parent’s former income or resources, if the court determines that a parent has reduced resources or income in order to reduce or avoid the parent’s obligation to pay child support. We can assist in Child Support Modification petitions.

Joint Decision Making New York Divorce The Importance of the Agreement

Joint Decision Making New York Divorce The Importance of the Agreement.

Joint Decision Making New York Divorce The Importance of the Agreement

When custody is an issue in New York, as an incentive to the residential parent, i often put the following wording in my Agreements:

The parties shall have joint custody of the unemancipated children. The parties will discuss all major decisions and the residential parent shall have final decision making and said final decisions shall be reasonable.

Drafting Divorce Agreements involves a comprehensive knowledge of New York Domestic Relations Law and the Family Court Act

Call the experts at the Guttman Law Group at 631-777-3900 or visit our website at http://www.guttmanlawfirm.com

Divorce New York Adulterous Relationship and Child Support

Husband and Wife have 3 children. It is suspected that Husband fathered a 4th child from an adulterous relationship. What is the status of Child Support?

It becomes a race to the court as to which mother files first. If the Mother, of the adulterous relationship, files first and it is proven that Husband is the Father of the child, then she will be awarded 17% of Father’s income (less FICA and Medicare); If wife then files she will be awarded 29% of Husband reduced income (reduced by FICA and Medicare and the 17% that he will be paying in Child Support to the Mother of his 4th child); if Wife files first then there will be no reduction in her support order for child support for the 4th child; there will be a reduction in the support order for the mother of the adulterous relationship

New York Child Neglect / Divorce

Rising to the level of Neglect is more than being in a separate room away from your kids. Neglect is defined in FCA 1012 (f) where child’s physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired as a result of the failure of his parent or other person legally responsible for his care to exercise a minimum degree of care.