Current through Register Vol. 46, No. 12, March 20, 2024
(a) Applicability. This section shall be
applicable to all matrimonial actions and proceedings in the Supreme Court
authorized by section
236(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 of this section. 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 filing 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. Upon service of
the summons in every matrimonial action, it is hereby ordered that:
(1) 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) 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, profiting 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) 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) 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) 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.
(d) Appendix F.
APPENDIX F
NOTICE OF AUTOMATIC ORDERS (D.R.L.
236)
PURSUANT TO DOMESTIC RELATIONS LAW § 236
part B, section 2, as added by chapter 72 of the Laws of 2009, both you and
your spouse (the parties) are bound by the following AUTOMATIC ORDERS, 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:
(1) 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)
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, profiting 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.
(3) 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) 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) 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.
