Recently, the Chief Administrative Judge of New York promulgated numerous amendments and additions to the Uniform Rules, which became effective on Feb. 1, 2021. In this edition of his Law and the Family column, Joel R. Brandes discusses several of the new Uniform Rules, which are in addition to or compliment the matrimonial rules.
марта 05, 2021 at 03:15 PM
By Joel R. Brandes | марта 05, 2021 at 03:15 PM
Title 22, Part 202 of the New York Codes, Rules and Regulations (NYCRR) contains the Uniform Rules for Trial Courts (Uniform Rules). They supplement the Civil Practice Law and Rules to regulate practice and procedure in all civil actions and proceedings in the Supreme Court and the County Court. 22 NYCRR 202.1. Recently, the Chief Administrative Judge of New York promulgated numerous amendments and additions to the Uniform Rules, which became effective on Feb. 1, 2021. See AO/270/2020.
Two of the Uniform Rules are specifically applicable in matrimonial actions and are referred to in this article as the “matrimonial rules.” 22 NYCRR 202.16 is applicable to all contested actions and proceedings in the Supreme Court in which statements of net worth are required to be filed by Domestic Relations Law §236, and in which a judicial determination may be made with respect to alimony, counsel fees, pendente lite, maintenance, custody and visitation, child support, or the equitable distribution of property, including those referred to Family Court by the Supreme Court pursuant Family Court Act §464. See 22 NYCRR 202.16(a). Motions for alimony, maintenance, counsel fees or child support or any modification of such an award are governed by 22 NYCRR 202.16(k)(3), which was amended on Jan. 19, 2021 to include post judgment motions. This rule is not applicable to a motion pursuant to Domestic Relations Law §§237(c) or 238 for counsel fees for services rendered by an attorney to secure the enforcement of a previously granted order or decree.
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