Last updated: 11/1/2007
Order (Pendente Lite Relief - Maintenance Child Support Custody Injunctive Relief Counsel Fees Etc)
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Description
At IAS Part _____ of the Supreme Court of the State of New York, held in and for the County of New York, at the Courthouse thereof, 60 Centre Street, New York, New York on the _____ of ________________, 20 ____. PRESENT: HON: ____________________ JUSTICE ____________________________________ INDEX No. ______________ Plaintiff, - against - ORDER Defendant. ___________________________________ A motion having been made by be heard on the ______ of _______________, and having duly come on to 20____, for an order ___________________________, NOW, on reading and filing the following papers submitted to the Court, _________________________________________________________________________ _________________________________________________________________________ ______________________________________, and upon the Court's decision thereon dated __________________________, it is American LegalNet, Inc. www.FormsWorkflow.com ORDEREDthat the [choose one] is awarded $_______________ per week be income to the plaintiff and temporary maintenance which [choose one] [choose one] be deductible to the defendant for taxation purposes; and it is further ORDERED that pending final determination of this action, the [choose one] is directed to pay all rent, insurance, and utilities such as gas and electricity on the marital residence; and it is further ORDERED that the [choose one] is directed to pay the sum of $ ___________ per week as and for interim child support; and it is further ORDERED that the [choose one] is directed to maintain and continue in full force and effect all presently existing policies of life, medical and dental insurance in behalf of plaintiff and the parties' [choose one] and to pay all unreimbursed, non-elective pharmaceutical, medical and dental expenses for them; and it is further ORDERED that the award at the rate of $ __________ in addition to the award of pendente lite relief is retroactive to the original date of service of this application; retroactive sums due by reason of this award shall be paid in their entirety within 20 days after service of a copy of this order with notice of entry. [choose one] may take credit for sums voluntarily paid for maintenance and support for this period for which [choose one] it is further ORDERED that the first weekly payment hereunder shall be made _____ days after service of a copy of this order with notice of entry, and continue on a weekly basis thereafter; and it is further has cancelled checks or other similar proof of payment; and American LegalNet, Inc. www.FormsWorkflow.com ORDERED that the [choose one] is awarded interim counsel fees in the sum of $_________ to be paid by [choose one] to [choose one] attorney within twenty (20) days after service of this order with notice of entry. This award is made without prejudice to an application by [choose one] for additional counsel fees, if necessary; and it is further ORDERED that the [choose one] the marital residence; and it is further ORDERED that the [choose one] may remove personalty from is [choose one] exclusive occupancy of from the marital residence on a date and at a time to be agreed to by the parties, in thepresence of their respective counsel or designees. This shall take place no later than ______ days after service of a copy of this order with notice of entry. [choose one] shall furnish [choose one] with a list of the personalty to be removed no later than _____ days prior to the date scheduled for removal of same; and it is further ORDERED that the [choose one] is awarded interim custody of the parties' minor [choose one] The parties within 20 days after service of a copy of this order with notice of entry shall settle an order fixing an appropriate schedule of interim visitation. In the event that the parties are unable to settle such an order, the matter of determining a schedule of interim visitation that shall serve the best interest of the minor [choose one] is referred to a Special Referee to hear and report with recommendations on an expedited basis; pending receipt of the report, should a hearing be necessary, final determination of the matter of interim visitation is held in abeyance; and it is further ORDERED that the matter of custody and visitation is referred to a Special American LegalNet, Inc. www.FormsWorkflow.com Referee to hear and report with recommendations; and it is further ORDERED, that the parties are enjoined from selling, transferring, conveying or otherwise disposing of assets pending further court order, except for ordinary and routine living and business expenses, in order to maintain the status quo for possible equitable distribution upon the plenary trial of this action. The exception for "ordinary and routine living and business expenses" contemplates that payment of these expenses be made from current income unless current income is clearly insufficient to meet the reasonable needs of the parties. The parties are cautioned that any unauthorized invasion of assets for any purpose may result in a finding of contempt if it is later found that current income was not exhausted prior to invasion of assets; and it is further ORDERED that all relief sought in this consolidated application which is not specifically granted herein shall be deemed denied. A copy of this order with notice of entry shall be served on the Judicial Support Office (Room 311) for the purpose of obtaining a calendar date, if such a hearing on interim visitation shall become necessary. Dated: ____________ ENTER: _________________________ J.S.C. Pendente Lite Relief, including Maintenance, Child Support, Custody, Injunctive Relief, Counsel Fees, etc. American LegalNet, Inc. www.FormsWorkflow.com
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