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At the Matrimonial/IAS Part of the New York Supreme Court at the Courthouse, New York County, on the day of , 2016.Present:Hon. Justice--------------------------------------------------------X Index No. 123456/2016Calendar No. Soc. Sec. No. JAMIE LEE, Plaintiff, FINDINGS OF FACT AND CONCLUSIONS OF LAW -against- TAYLOR LEE, Defendant.--------------------------------------------------------X The issues of this action having been submitted to me as one of the Justices/Referees of this Court at Part hereof, held in and for the County of New York on , and having considered the allegations and proofs of the respective parties, and due deliberation having been had thereon.NOW, after reading and considering the papers submitted, I do hereby make the following findings of essential facts which I deem established by the evidence and reach the following conclusions of law.FINDINGS OF FACTFIRST: The Plaintiff and Defendant were both 18 years of age or over when this action was commenced. SECOND: This court has jurisdiction to hear this action for divorce. The Plaintiff has resided in New York State for a continuous period in excess of two years immediately preceding the commencement of this action. (if you assert a different basis to establish jurisdiction in the Verified Complaint and Plaintiff’s Affidavit, you need to change this accordingly) THIRD: The Plaintiff and Defendant were married on DATE, in the City of New York, the County of New York, and the State of New York, in a religious or civil ceremony. FOURTH: No decree, judgment or order of divorce, annulment or dissolution of marriage has been granted to either party against the other in any court of competent jurisdiction of this state or any other state, territory or country, and there is no other action for divorce, annulment or dissolution of marriage by either party against the other pending in any court. FIFTH: This action was commenced by filing the Summons with Notice with the County Clerk on March 16, 2016. The Defendant was served personally with the Summons with Notice and the Notice of Automatic Orders. (choose one and delete another) The Defendant has appeared and waived his right to answer. or The Defendant has defaulted in appearance. SIXTH: The Defendant is not in the military service of the United States, New York or any other state or territory. SEVENTH: There are two children of the marriage, namely: Name - Social Security No. - Date of Birth - AddressApple Lee - 000-00-0000 - DATE - c/o Sanctuary for Families, 30 Wall Street 8th Floor, New York, NY 10005 Orange Lee - 000-00-0000 - DATE - c/o Sanctuary for Families, 30 Wall Street 8th Floor, New York, NY 10005 There is no other child as a result of this marriage, and no other child is expected. EIGHTH: The grounds for divorce which are alleged in the Verified Complaint were proved as follows: Irretrievable Breakdown of the Relationship for at Least Six Months (DRL Sec. 170(7)): The relationship between the Plaintiff and Defendant has broken down irretrievably for a period of at least six months. (choose one and delete another) Both the Plaintiff and Defendant have so stated under oath in separate Affidavits. or The Plaintiff has so stated under oath in Plaintiff’s Affidavit. NINTH: (choose one and delete another) A sworn statement as to the removal of barriers to remarriage is not required because the parties were married in a civil ceremony. or A sworn statement as to the removal of barriers to remarriage is required because the parties is married in a religious ceremony. TENTH: The parties were informed by the Notice of Guideline Maintenance from the Court pursuant to DRL Sec 236 (B)(6), Chapter 269 of the Laws of 2015. Neither party is seeking maintenance from the other. ELEVENTH: Equitable Distribution is not an issue. TWELFTH: The children of the marriage now reside with Plaintiff. The Plaintiff is entitled to custody of the children of the marriage under the age of 18, namely, Apple Lee, born on DATE, and Orange Lee, born on DATE, (if there is no family court order and defendant defaults, no need to add anything to the issue of custody. Otherwise, choose applicable one and delete another from the following) (if there is family court order) pursuant to the Order of Custody entered by the COUNTY County Family Court dated DATE, under Docket Numbers A and B or, if no family court order and the Defendant consents) on Defendant’s consent as confirmed in the Affidavit of Defendant. The Defendant shall have reasonable visitation with the children of the marriage away from the custodial residence (if there is no family court order and defendant defaults, no need to add anything to the issue of visitation. Otherwise, choose applicable one and delete another from the following) (if there is family court order) pursuant to the Order of Visitation entered by the COUNTY County Family Court dated DATE, under Docket Numbers C or D. or (if no family court order and the Defendant consents) upon mutual agreement of the parties.Allegations of domestic violence and/or child abuse were or were not made in this case. (if DV allegation were made such as mentioned in the motion to maintain plaintiff’s address confidential, and there is an OP, state the following) There is a history of domestic violence as indicated by the Order of Protection against the Defendant, with Plaintiff as the protected party, which was entered by the __________ County Criminal/Family Court, under Docket No. ________________, effective from ____________ till ______________. Or (if DV allegation were made and no OP, state the following) However, the parties have not been a party in an Order of Protection. Or (if DV allegation were NOT made and there is an OP, state) However, there is a history of domestic violence as indicated by the Order of Protection against the Defendant, with Plaintiff as the protected party, which was entered by the __________ County Criminal/Family Court, under Docket No. ________________, effective from ____________ till ______________.THIRTEENTH: The award of child support is based upon the following: The unemancipated children of the marriage entitled to receive support are: Apple Lee, born on DATE, and Orange Lee, born on DATE(Choose one applicable basis for child support and delete the others. If there is no child support order or stipulation, please consult with the Supervising Attorney)By Child Support Order of the New York County Family Court, under Docket Number F-2222-15, dated DATE, the Defendant was directed to pay $25 per month to the Plaintiff through the Support Collection Unit as and for child support. Said orders shall continue. Or(B) The Plaintiff and the Defendant have entered into a Stipulation of Child Support, dated March 27, 2016, wherein the Defendant agrees to pay $500 per month for child support directly to Plaintiff. The Plaintiff is aware of the availability of child support enforcement services and has declined such services at this time. Said agreement recited the following in compliance with DRL Sec. 2401-b(h): The parties have been advised of the Child Support Standards Act. The basic child support obligation presumptively results in the correct amount of child support. 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 Section 111-i. The presumptive amount of child support attributable to the non-custodial parent is $500 each month. The amount of child support agreed to does not deviate from the non-custodial parent's share of the basic child support obligation. Pursuant to said Stipulation of child support, the Defendant shall pay to the Plaintiff 50% of unreimbursed medical expenses of the Child in accordance with the conditions set forth in the Stipulation of Settlement. The parties have stipulated that Plaintiff shall be the legally responsible relative and ensure that the children be enrolled in a group health care plan until the age of 21 years. Or (B) The adjusted gross income of the Plaintiff who is the custodial parent is $ 10,000 per year, and the adjusted gross income of the Defendant who is the non-custodial parent is $ 10,000 per year, and the combined parental annual income is $20,000. The applicable child support percentage is 25% because there are two children entitled to receive child support. The combined basic child support obligation attributable to both parents is $ 600 per year on income to $143,000 and $ 0 per year on income over $143,000. The Plaintiff's pro rata share of the combined parental income is 50%, and the Defendant's pro rata share of the combined parental income is 50%. The non-custodial parent's pro rata share of the child support obligation on combined income to $143,000 is $ 300 per year or $25 per month as he falls below the self-support reserve. The non-custodial parent's pro rata share of the child support obligation on combined income over $143,000 is $ 0 per year or $ 0 per month. The non-custodial parent's pro rata share of future health care expenses not covered by insurance, child care expenses, educational and other extraordinary expenses is 50%. The Defendant shall pay child support through the Support Collection Unit. The Plaintiff shall be the legally responsible relative and ensure that the children be enrolled in a group health care plan until the age of 21 years. FOURTEENTH: The Plaintiff's address is c/o Sanctuary for Families, 30 Wall Street 8th Floor, New York, NY 10005 and social security number is confidential. The Defendant’s address is 1 Taylor Road, 3A, Brooklyn NY 11220 and social security number is 000-00-0000. The parties are covered by the following group health plans: PlaintiffGroup Health Plan: HealthFirstI.D. #: ABCDEFG1234DefendantGroup Health Plan: Unknown The Children are covered by the following Group Health Plan, HealthFirst. FIFTEENTH: Compliance with DRL Sec. 255 (1) and (2) has been satisfied as follows: There is no agreement between the parties. Each party has been provided notice as required by DRL Sec. 255(1). SIXTEENTH: Registry checks were completed pursuant to DRL Sec. 240 1(a-1). SEVENTEENTH: (If there is no Family Court order, delete this paragraph; if there are family court orders, list all of them) The Family Court entered the following orders: the Order of Custody by COUNTY County Family Court under Docket Numbers V-11111-15 and V-11112-15 dated DATE, the Order of Visitation by COUNTY County Family Court under Docket Numbers V-11113-15 and V-11114-15 dated DATE, and the Order of Support by New York County Family Court under Docket Number F-2222-15 dated DATE. EIGHTEENTH: (delete this paragraph if this is not applicable) An Order to Maintain Plaintiff’s Address Confidential has been entered in this action. NINTEENTH: The Plaintiff may resume use of her prior surname, to wit, NAME.TWENTIETH: The Judgment of Divorce incorporates all ancillary issues, including the economic issues of equitable distribution of marital property, the payment or waiver of spousal support, the payment of child support, the payment of counsel and experts’ fees and expenses, as well as custody and visitation with infant children of the marriage, all of which have been (choose one and delete the rest) (if no family court order and defendant consents)resolved by the parties by written agreement or written waiver and the Defendant has signed a separate affidavit confirming this. or (if there is family court order)were determined by Family Court Order which will be continued and incorporated into the judgment. or (if no family court order and defendant defaults)determined by the Court.CONCLUSIONS OF LAWFIRST: Residence as required by DRL Sec. 230 has been satisfied. SECOND: The requirements of DRL Sec. 255 have been satisfied. THIRD: The requirements of DRL Sec. 240 1(a) including the Records Checking Requirements in DRL Sec. 240 1(a-1) have been satisfied. FOURTH: The requirements of DRL Sec. 236(B)(2)(b) have been satisfied. FIFTH: DRL Sec. 170 subd. (7) is the ground alleged, and all economic issues of equitable distribution of marital property, the payment or waiver of spousal support, the payment of child support, the payment of counsel and experts' fees and expenses, as well as custody and visitation with infant children of the marriage, have been resolved by the parties or determined by the Court and incorporated into the Judgment. SIXTH: The Plaintiff is entitled to a judgment of divorce on the grounds of DRL Section 170 subd. (7) - the relationship between the Plaintiff and Defendant has broken down irretrievably for a period of at least six months, and granting the incidental relief awarded. Dated: _______________________________ J.S.C./Referee(Form UD-10 - Rev. 3/1/16) ................
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