10. FINDINGS OF FACT AND CONCLUSIONS OF LAW (Form UD-10):
Fields 1-4: Do not fill in these sections. The judge or referee assigned to the case will fill in these fields.
Field 5: Print the Plaintiff's name.
Field 6: Print the index number assigned to the case. Do not fill in the calendar number.
Field 7: Print the Defendant's name.
Field 8: If you are submitting the papers to obtain a divorce based solely on signed affidavits, check the appropriate box or boxes. If you had an inquest/hearing before a judge, check that box. If you do not know whether a judge or referee will sign your divorce (you may want to inquire at the clerk's office as to the procedure in the county where you are filing), do not strike either provision or insert the Part where the documents will be signed. The Part will be filled in by court employees. You must, however, insert the name of the county where you are filing for divorce and the date of the inquest/hearing if you had one. Otherwise leave the date section blank so that the judge or referee can fill in the information.
Field 9: This section remains unchanged. If either the Plaintiff or the Defendant was under the age of 18 when this action was commenced, then a divorce action may not be filed and the Plaintiff should consult with an attorney as noted in the Foreword.
Field 10: This section establishes residency for purposes of obtaining a divorce. The beginning of this filing instruction packet explains the requirements for residency. Check the appropriate box or boxes. This section should be consistent with the earlier instructions given as to residency and any other form where you addressed residency.
Field 11: Fill in the date and place that the parties were married, and indicate the type of ceremony by checking the appropriate box.
Field 12: Do not fill anything in this section unless there is another action pending elsewhere. If so, consult an attorney as noted in the Foreword.
Field 13: Check the appropriate box as to the papers served on Defendant to start the action. Indicate how defendant was served by placing a check mark in the appropriate box. If service was made pursuant to court order, fill in the date of such order. Indicate whether defendant appeared in the action by placing a check in the appropriate box.
Field 14: Check the appropriate box. If defendant is a member of the military indicate the branch of service. If defendant is in the military and does not consent, it is suggested you retain counsel.
Field 15: Check the appropriate box. Insert the total number of children of the marriage regardless of age. List their names, social security numbers, dates of birth and addresses. Adopted children must be included.
Field 16: Indicate the grounds upon which the divorce is to be granted by checking the appropriate box. Where a date is required, fill in the appropriate date. When using Cruel and Inhuman Treatment (DRL §170(1)) as grounds for divorce, make sure the specific allegations listed demonstrate Cruel and Inhuman Treatment as defined on the form. Repeat the same facts as set forth in the Verified Complaint and in the Plaintiff's Affidavit.
Field 17: Check the appropriate box.
Field 18: If you have a stipulation which includes maintenance, or if the court awarded maintenance in a decision, fill in the amount, how often payment is to be made, and the date upon which payments are to commence. Indicate the applicable language by placing a check mark in the appropriate box.
Field 19: This section addresses the children of the marriage. Check the appropriate box so that the judge or referee signing this document can see which party the children reside with and which party, if any, is entitled to visitation with the children away from the custodial residence (the place where the children reside). If the children live with a third party, fill in the name.
Leave paragraph regarding domestic violence for the court to complete.
Field 20: If there are other issues (i.e., support, custody, marital home, etc.) being settled or decided by the court, place a check mark in the appropriate box.
Field 21: Check the appropriate box.
* Paragraph (A): You must fill out this paragraph if there are children of the marriage. List the names and the dates of birth of the children entitled to receive parental support. (Under age 21 and not deemed emancipated by a court).
* Paragraph (B): You must fill in either subparagraph 1, 2 or 3 to show how the amount of child support was determined. Much of this information can be taken from the Child Support Worksheet. It is recommended that you use the Child Support Standards Chart in calculating the support obligation. The Chart is available in the Supreme Court Clerk's Office or from the Office of Temporary and Disability Assistance (formerly known as the Department of Social Services).
* Instructions for subparagraph (1): Fill in subparagraph (1) if there is already in existence a court order that has set the amount of child support and such order is to be continued by the Judgment of Divorce.
* Instructions for subparagraph (2): Fill in subparagraph (2) if you are requesting an order of the court for child support. Fill in the adjusted gross income (after deductions) of each party. Circle the applicable child support percentage. The percentages are 17% for one child, 25% for two children, 29% for three children, 31% for four children and 35% for five or more children. Multiply the child support percentage by the combined income to $130,000 and do the same for combined income over $130,000, if any. Fill in the amounts. Divide each party's income by the total income to obtain each party's pro rata share percentage of the combined income. Fill in the percentage. Multiply the basic child support obligation on income to $130,000 by the non-custodial parent's pro rata percentage share and do the same for income over $130,000. Fill in the amounts. Fill in the non-custodial parent's pro rata share of health care expenses not covered by insurance, child care, educational, or extraordinary expenses.
* Instructions for subparagraph (3): Fill in subparagraph (3) if the parties entered into a stipulation/agreement as to child support, or if the court rendered its decision in open court on the record. Fill in the date the parties entered into the stipulation/agreement and the amount of child support agreed to be paid. Check the appropriate boxes as to who will pay and who will receive child support. Check the appropriate box as to whether the parties are applying or waiving the application of the Child Support Standards Act (Guidelines) to the total combined income over $130,000 a year. If issues regarding health care, child care, educational, or extraordinary expenses were agreed to, fill in the dollar amount to be paid or the percentage of said expenses agreed to be paid. Fill in the presumptive amount of child support attributable to the non-custodial parent pursuant to the Child Support Standards Act (Guidelines). Refer to the Child Support Standards Chart or Child Support Worksheet for this presumptive amount. Check the appropriate box that indicates whether the agreed-upon amount of support conforms with or deviates from the non-custodial parent's basic child support obligation. If there is a deviation, whether it be higher or lower, give specific reasons why the court should approve of such deviation. The reasons for deviations must be in the stipulation/agreement.
Field 22: List the Plaintiff's and Defendant's addresses and social security numbers. Strike this section if child support is not an issue.
Field 23: If there are no unemancipated children or if child support is not an issue or if the parties do not have health coverage provided by their employer, check the appropriate box. If either party's employer offers health insurance, check that box and fill in the required information about Plaintiff's and Defendant's insurance coverage. Make sure to include the type of coverage. Examples include but are not limited to medical, dental and optical coverage. If either party has more than one insurance plan, you must list the additional coverage on a separate sheet of paper. Form UD-13 must be submitted if there is health insurance coverage available to either party through their employer.
* Check the appropriate box as to whether both parties have agreed or stipulated as to which party will cover the unemancipated children on their health insurance policy. If there is no agreement, check the box indicating that the court has determined the party who will cover the children and indicate whether Plaintiff or the Defendant will cover the children under a group health plan. Strike out any inapplicable language.
Field 24: List any court orders, by the index number or docket number and the date entered, that the parties wish to be continued.
Field 25: Check the appropriate box and list prior surname.
Check box A) if the parties entered into a Stipulation of Settlement/Agreement and fill in the date of the agreement. Check appropriate box 1 or 2.
Check box B) if there is no Stipulation of Settlement/Agreement. Leave box 1 or 2 to be completed by the court.
Field 27: Check the appropriate box and insert the Domestic Relations Law subdivision for the grounds for divorce. Be consistent with prior forms.
Field 28: This section will be filled in by the Court.