Friday, March 29, 2013

NEW YORK - CHANGE IN MATRIMONIAL AUTOMATIC ORDERS

I was recently advised that the automatic orders Court rule was amended, effective January 30, 2013:

http://docs.dos.ny.gov/info/register/2013/jan30/pdf/court.pdf

AMENDMENT OF RULE

Uniform Civil Rules for the Supreme and County Courts

Pursuant to the authority vested in me, and upon consultation with

and approval by the Administrative Board of the Courts, I hereby

amend, effective immediately, section 202.16a of the Uniform Civil

Rules for the Supreme and County Courts, relating to automatic orders

in matrimonial actions, to read as follows:

==================

Section 202.16a Matrimonial Actions; Automatic Orders

1. (a) Applicability. This section shall be applicable to all matrimonial

actions and proceedings in the Supreme Court authorized by section

236, Part B, Section (2) of the Domestic Relations Law.

(b) Service. The plaintiff in a matrimonial action shall cause to be

served upon the defendant, simultaneous with the service of the summons,

a copy of the automatic orders set forth in this section in a notice

that substantially conforms to the notice contained in Appendix F.

The notice shall state legibly on its face that automatic orders have

been entered against the parties named in the summons or in the summons

and complaint pursuant to this rule, and that failure to comply

with these orders may be deemed a contempt of court.

The automatic orders shall be binding upon the plaintiff immediately upon riling of

the summons, or summons and complaint, and upon the defendant immediately

upon service of the automatic orders with the summons.


These orders 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.


(c) Automatic Orders.

[The automatic orders served with the summons shall provide as

follows;]


Upon service of the summons in every matrimonial action, it is

hereby ordered that:


(1) [n]

Neither party shall sell, transfer, encumber, conceal, assign,

remove 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.

(2) [n]

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, 40IK 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.

(3) [n]

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.

(4) [n]

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 party shall maintain the existing

medical, hospital and dental insurance coverage in full force and effect.

(5) [n]

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.


(6) These automatic orders 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.

(7) The failure to obey these automatic orders may be deemed a

contempt of court.


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