• Version: 180430_1120 | Table: Names of Image Files | Details of Page 1 & 8 | Notes 1 to 3 All Caps & Normal Caps | Phrases to Look Up | Things to try | Reserve

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Details of Cover Letter

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• p00a_NovotnyJudgement_p0.png

• p00a_NovotnyJudgement_p0.png
  • Title: Nassau County Clerk's Office Endorsement Cover Page
    • I'll add more comments later
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Details of Page 1

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• p01_NovotnyJudgement_p1.png
  • info from this page
    • a stamp "DOCUMENT RECEIVED IN THIS CONDITION"
    • a paragraph stating the following:
      • At a Matrimonial Part 21 of the New York State Supreme Court held in and for the County of Nassau at the Courthouse, 100 Supreme Court Drive, Mineola, New York, on the 12 day of October, 2010.
    • PRESENT:
      • HON. VITO M. DeSTEFANO
        • Justice/Referee
      • SHANE NOVOTNY
        • Plaintiff
      • DOUGLAS NOVOTNY
        • Defendant
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    • JUDGMENT OF DIVORCE
      • looks like this is the title of the document because its in all caps and underlined
        • I think it's wierd that the title of the document is not at the top of this sheet of paper
      • Index No: 2009 201767
        • This is the same number as Ref# from the Cover Page
        • Is this the I D number of this document ?, what does "Index No:" mean
        • this should be easy to identify, just google it.
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Breakdown of the Notes (1) and (2) which both start on Page 1 and might end on Page 2

The following is typed in ALL CAPITAL LETTERS

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• Note (1)
  • This order of child support shall be adjusted by the application of a cost of living adjustment at the direction of the Support Collection Unit no earlier than twenty four months after this order is issued, last modified or last adjusted, upon the request of any party to the order or pursuant to Paragraph (2) below.
  • Upon application of a Cost of Living Adjustment at the direction of the Support Collection Unit an adjusted order shall be sent to the parties who, if they object to the cost of living adjustment, shall have thirty-five days from the date of mailing to submit a written objection to the court indicated on such adjusted order.
  • Upon written receipt of such written objection, the court shall schedule a hearing at which the parties may be present to offer evidence which the court will consider in adjusting the child support order in accordance with the Child Support Standards Act.

Details of Page 2, starts near the beginning of Note 2

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• Note (2)
  • A recipient of Family Assistance shall have the Child Support Order reviewed and adjusted at the direction of (start of Page 2) the Support Collection Unit no earlier than twenty-four months after such order is issued, last modified or last adjusted without further application by any party.
  • All parties will receive a copy of the adjusted order.
• Note (3)
  • Where any party fails to provide and update upon any change, the Support Collection Unit with a current address, as required by Section Two Hundred Forty (B) of the Domestic Relations Law, to which an adjusted order can be sent.
  • The Support Obligation Amount contained therein shall become due and owing on the date the first payment is due under the terms of The Order of Support which was reviewed and adjusted occurring on or after the effective date of the adjusted order regardless of whether or not the party has received a copy of the adjusted order.
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The following is not in ALL CAPS

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• This action was submitted to this Court for consideration this date.
• The Defendant was personally served with the Summons with Notice within the state of New York.
• Plaintiff presented a Verified Complaint and testimony at Inquest constituting the facts of the matter.
• The Defendant having defaulted in appearing in this matter, and, upon notice to the Defendant, an Inquest having been held on November 19, 2009, before the Hon. Vito M. DeStefano, the transcript of which is submitted herewith (Exhibit "A" annexed hereto), and the Decision and Order having been rendered by the Court on June 28, 2010 (Exhibit "B" annexed hereto).
• And the Court accepted written proof of non-military service.
• The Plaintiff's address is 1033 Jackson Street, Baldwin, New York 11510, and her social security number is xxx-xx-6452.
• The Defendant's address is 436 East 75th Street, Apt. 4RE, New York, New York and his socurity number is xxx-xx-7807.

Details of Page 3

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• NOW, upon motion of Karen G Brand, P.C. attorneys for Plaintiff, and there having been no counter-judgement submitted in opposition hereto, it is:
• ORDERED AND ADJUDGED, that the marriage between SHANE NOVOTNY, Plaintiff, and DOUGLASS NOVOTNY, Defendant, is hereby disolved by reason of the abandonment of Plaintiff by Defendant, for a period of one or more years, pursuant to Domestic Relations Law }170 subd. (2) and that Plaintiff shall have a judgment therefore based on the evidence found in the Findings of Fact and Conclusions of Law; and it is further
• ORDERED AND ADJUDGED, after the Court having conducted the registry checks as required by Domestic Relations Law }240, that the Mother shall have sole legal and physical custody of the minor children of the marriage, to wit:

• and it is further
• ORDERED AND ADJUDGED, that the Father shall have parenting time with the children in a supervised setting at such times and in the manner as may be agreed to by the parties; and it is futher
• ORDERED AND ADJUDGED, that the unemancipated children of the marriage entitled to receive support are:

Details of Page 4

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• and it is further
• ORDERED AND ADJUDGED, that the Husband shall pay to the Wife the sum of Two Thousand Nine Hundred Sixty-one ($2,961.00) Dollars per month as and for the "basic" child support of the parties unemancipated children, retroactive to the date of commencement of the action; and it is further
• ORDERED AND ADJUDGED, that the Husband shall be entitled to credit for monies paid pursuant to the pendente lite order, such credits to be considered in the context of all awards made herein, which are retroactive to the date of commencement of the action; and it is further
• ORDERED AND ADJUDGED, that child support shall be payable through the Support Collection Unit, located at NYSCH:IDSupportProcessingCenter, PO Box 15363, Albany, NY 12212-5363, and it is further
• ORDERED AND ADJUDGED, that upon the termination of the Husband's obligation to pay spousal maintenance, the Husband's child support obligation will be determined based in accordance with CSSA guidelines as articulated in the Findings of Fact and Conclusions of Law, with reference to the Husband's income without adjustment for maintenance; and it is further
• ORDERED AND ADJUDGED, that the Husband shall pay to the Wife the sum of One Thousand Three Hundred ($1,300.00) Dollars as and for non-taxable maintenance for a period of five (5) years, said award being retroactive to the date of commencement of the action; and it is further

Details of Page 5

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• ORDERED AND ADJUDGED, that the Husband shall pay directly to the Wife his pro-rata share, determined to be seventy-five (75%) per cent, of the costs of medical insurance, unreimbursed medical expenses, pre-school expenses and child care expenses for both children, retroactive to the commencement of the action, and the Wife shall pay twenty-five (25%) per cent of said expenses; and it is futher
• ORDERED AND ADJUDGED, that, continuing until the emancipation of the parties' youngest child, the Husband shall maintain life insurance for the benefit of the Wife and children in the minimum face amount of Five Hundred Thousand ($500,000.00) Dollars, the Wife and children being named as irrevocable beneficiaries on said policy, and the Wife being named as Trustee for the Children; and it is further;
• ORDERED AND ADJUDGED, that all right, title and interest in the real property located at 1033 Jackson Street, Baldwin, New York, in its entirety, is awarded to the Wife, who shall be responsible for any expenses due and owing with respect to the residence, including mortgage and taxes, and nothing contained in this Judgement shall affect the interest or obligations of any mortgagors/creditors of the parties in relation to the residence, or the contractual rights of other parties as they relate to the residence; and it is further
• ORDERED AND ADJUDGED, that the Husband shall pay to the Wife, as a distributive award, the sum of Nine Thousand Four Hundred and Seventy-three ($9,473.00) Dollars representing the Wife's Fifty (50%) per cent interest in the Husband's 401K account, previously liquidated by the Husband; and it is further

Details of Page 6

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• ORDERED AND ADJUDGED, that the Husband shall pay to the Wife, as a distributive award, the sum of Two Thousand Six Hundred and Seventy-three ($2,673.00) Dollars representing the Wife's Fifty (50%) per cent interest in the parties' joint AIG savings account, previously liquidated by the Husband; and it is further
• ORDERED AND ADJUDGED, that the Husband shall pay to the Wife, as a distributive award, the sum of Seven Hundred and Eighty-seven Dollars and Fifty Cents ($787.50), representing the Wife's Fifty (50%) per cent interest in the parties' joint Chase bank account, previously withdrawn by the Husband; and it is further;
• ORDERED AND ADJUDGED, the Wife is awarded the proceeds of sale of the Jeep vehicle; and it is further
• ORDERED AND ADJUDGED, that upon a separately submitted adjustment the Wife is granted a money judgement against the Husband in the amount of Five Hundred ($500.00) Dollars as reimbursement for traffic tickets and accrued late fees paid by the Wife on behalf of the husband; and it is further
• ORDERED AND ADJUDGED, that the Wife had previeusly been awarded the sum of Fifteen Thousand ($15,000.00) Dollars as and for an award of counsel fees, payable by the Husband to the Wife; and it us further (us instead of is on paper)

Details of Page 7, starts in the middle of a sentence

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• ORDERED AND ADJUDGED that the Supreme Court retains jurisdiction of this matter concurrently with the Family Court for the purposes of specifically enforcing such of the provisions of this Judgment as are capable of specific enforcement to the extent permitted by law with regard to maintenance, child support, custody and/or visitation, and making such further (Page 7) judgement as it finds appropriate under the circumstances existing at the time application for that purpose is made to it, or both; and it is further
• ORDERED AND ADJUDGED, that a Qualified Medical Child Support Order where a child support determination is being made shall be issued as soon as practicable and it is further
• ORDERED AND ADJUDGED, that either party may resume the use of a pre-marriage name as follows: Plaintiff, RILEY.
• Ordered that the defendant be served with a copy of this judgment, with notice of entry, within thirty (30) days of such entry.

• Dated: 10/12/10

• On the left side is a paragraph
  • This [temporary] [permanent] [sucessive] (temporary and sucessive are crossed out) order of custody and/or visitation has issued upon the Court's review of records as required by the provisions of DRL {240 and FCA {651 as amended by Chapter 595 of the Laws of 2008. hand written sentence seen in image below
• On the right side is ENTER: Hon. VITO M. DeSTEFANO J.S.C.
• There is also a stamp:

The typed and hand written paragraph from the left side

Details of Page 8

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• Details of Page 8 will be placed here
• Index No.  2009 201767
• Year  ,  , .  .    RJI No. (left blank)    Hon.    ,  , .  .
• SUPREME COURT OF THE STATE OF NEW YORK - COUNTY OF NASSAU

• Plaintiff SHANE NOVOTNY
• Defendant DOUGLAS NOVOTNY

• JUDGEMENT OF DIVORCE
• MINUTES OF INQUEST - DECISION AND ORDER

• KAREN G. BRAND, P.C. Attorney at Law
• Attorney for Plaintiff
• Office and Post Office Address, Telephone
• 36, Maple Place, Manhasset, New York 11030
• (516) 627-8494

• To                        Signature (Rule 130-1.1-a)
• signature is displayed with the words Print name beneath
• Attorney(s) for     KAREN G. BRAND

• Stamped on to this page are
  • MATRIMONIAL
  • and towards the lower right hand corner
    • NASSAU INDEX# 2009 201767 FILED
    • OCT 15 2010
    • COUNTY CLERK OF NASSAU COUNTY

• The next section is left blank
• Service of a copy of the within (blank space) is hereby admitted.
• Dated, an underlined space for a signature with the words Attorney(s) for

• Please take notice
• [ ] NOTICE OF ENTRY
• that the within is a (certified) true copy of a duly entered in the office of the clerk of the within named court on
• [ ] NOTICE OF SETTLEMENT
• that an order (blank space) of which the within is a true copy will be presented for settlement to the HON. (blank space) one of (a character or two is hard to read) judges of the within named court, at (a space for the address or place of the court) on
• Dated,
• To
• Attorney(s) for
• The stamp with the Nassau Index# is placed in this section. Stamp details above.

(p09) Details of Page 1 of 4 - ORDER MODIFYING AN ORDER OF SUPPORT ON CONSENT

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• Top left corner
• F.C.A {413, 416, 433, 438, 439, 440, 442-447, 471; Art.5-B

• Top right corner
• 4-11a 4/2011

• Also at Top right corner, the following parragraph.
• At a term of the Family Court of the State of New York, held in and for the County of Nassau, at Courthouse, 1200 Old Country Rd., Westbury, NY 11590, on March 30, 2012

• PRESENT: Elizabeth A. Bloom, Support Magistrate
  • In the Matter of a Support Proceeding
    • File #: 554548
    • Docket #: F-08102-11/12C
    • CSMS #: BP98238U1
    • ORDER MODIFYING AN ORDER OF SUPPORT ON CONSENT

• Douglas Novotny, SSN: XXX-XX-XXXX, Petitioner
• - against -
• Shane Novotny, SSN: XXX-XX-XXXX, Respondent

ALL CAPS

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• Notice: Your Willful failure to obey this order may result in incarceration for criminal non-support or contempt.
• You falure to obey this order may result in suspension of your Driver's License, State-Issued Professional, Trade, Bussiness and Occupational Licenses and Recreational and Sporting Licenses and Permits; and Imposition of Real or Personal Property Liens.

• Specific written objections to this order may be filed with this court within 30 days of the date the order was received in court or by personal service, or if the order was received by mail, within 35 days of the mailing of the order.

End of ALL CAPS

• Douglas Novotny filed a petition in this Court on March 27, 2012 seeking to modify a judgment, dated October 12, 2010, made by the Nassau County Supreme Court, entitled Novotny v. Novotny Index No. 2009201767, which granted support for:

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• It appears that under the terms of the judgment the Nassau County Supreme Court has not retained exclusive jurisdiction to modify the judgment;

(p10) Details of Page 2 of 4 - ORDER MODIFYING AN ORDER OF SUPPORT ON CONSENT

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• Top right corner
  • Page: 2 of 4
  • Docket No: F-08102-11/12C
  • 4-11a

• Shane Novotny appeared before this Court to answer the petition, and the unrepresented parties, if any, were advised by the Court of the right to counsel;
• And there has been a change of circumstances since the entry of the order which makes the modification of the order necessary and proper;
• NOW, after examination and inquiry into the facts and circumstances of the case, the Court finds that;
• Douglas Novotny is the non-custodial party, whose pro rata share of the basic child support obligation is $3,402.00 monthly for the folowing chilren:

• The parties have been advised of the provisions of Section 413(1) of the Family Court Act and the unrepresented parties, if any, have received a copy of the child support standards chart premulgated by the Commissioner of the N.Y.S. Office of Temporary and Disability Assistance pursuant to Section 111-i of the Social Services Law.
• The basic child support obligation stated above presumptively results in the correct amount of child support to be awarded;
  • Douglas Novotny's pro rata share of the basic child support obligation is neither unjust nor inappropriate;
• The parties have voluntarily stipulated to child support for the children payable by Douglas Novotny to Shane Novotny via the Support Collection Unit in the amount of $3,402.00 monthly;
• The name, address and telephone number of Douglas Novotny's current employer are:
  • Name: Massapequa Diner Inc
  • Address: 4420 Sunrise Highway, Massapequa, NY 11758

• IT IS HEREBY ORDERED AND ADJUDGED that effective March 27, 2012, Douglas Novotny is chargeable with support of Andrew Douglas Novotny and Layne Victoria Novotny and is possessed of sufficient means and able to earn such means to provide the payment of the sum $3,402.00 monthly to Shane Novotny payable through the Support Collection Unit, such payments to commence on April 1, 2012, for and toward the support of Douglas Novotny's children;

• IT IS FURTHER ORDERED that all payments payable through the Support Collection Unit shall be made by check or money order payable to and mailed to: NYS Child Support Processing Center, PO Box 15363, Albany, NY 12212-5363.
  • The county name and account number (CSMS #BP98238U1) for the matter must be included with the payment for (Page 3 of 4) identification purposes;

(p11) Details of Page 3 of 4 - ORDER MODIFYING AN ORDER OF SUPPORT ON CONSENT

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• IT IS FURTHER ORDERED that the payor, custodial party and any other individual parties immediately notify the Support Collection Unit of any changes in the following information: residential and mailing address, social security number, telephone number, driver's license number, and name, address and telephone numbers of the parties' employers.

• IT IS FURTHER ORDERED that this Order shall be enforceable pursuant to Section 5241 or 5242 of the Civil Practice Law and Rules, or in any other manner provided by law;

• IT IS FURTHER ORDERED that on consent, effective April 1, 2012 and retroactive to November 11, 2010, the Order of Spousal Support is hereby vacated and the Order of Support is modified where the Respondent shall pay $3.402.00 each month for two children through the Support Collection Unit.
  • The Support Collection shall credit the account in the amount of $14,280.56 due to the retroactivity of the petition.
  • See Findings of Fact, which are made a part hereof.

• Dated: April 2, 2012
• aba

• ENTER
• Signature and printed name: Elizabeth A. Bloom, Support Magistrate

• Check applicable box:
• [x] Order mailed on [specified date(s) and to whom mailed]: 4/3/12 Resp, P's Attny & SCU
• [  ] Order received in court on [specified date(s) and to whom mailed]: blank space

ALL CAPS

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• Note (1)
  • This order of child support shall be adjusted by the application of a cost of living adjustment at the direction of the Support Collection Unit no earlier than twenty four months after this order is issued, last modified or last adjusted, upon the request of any party to the order or pursuant to Paragraph (2) below.
  • Upon application of a Cost of Living Adjustment at the direction of the Support Collection Unit an adjusted order shall be sent to the parties who, if they object to the cost of living adjustment, shall have thirty-five (35) days from the date of mailing to submit a written objection to the court indicated on such adjusted order.
  • Upon written receipt of such written objection, the court shall schedule a hearing at which the parties may be present to offer evidence which the court will consider in adjusting the child support order in accordance with the Child Support Standards Act.

(p12) Details of Page 4 of 4 - ORDER MODIFYING AN ORDER OF SUPPORT ON CONSENT, starts in first sentence after the word "Support"

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• Note (2)
  • A recipient of Family Assistance shall have the Child Support Order reviewed and adjusted at the direction of the Support (start of Page 12, 4 of 4) Collection Unit no earlier than twenty-four months after such order is issued, last modified or last adjusted without further application by any party.
  • All parties will receive a copy of the adjusted order.
• Note (3)
  • Where any party fails to provide and update upon any change, the Support Collection Unit with a current address to which an adjusted order can be sent, as required by Section 443 of the Family Court Act, the support obligation amount contained therein shall become due and owing on the date the first payment is due under the terms of The Order of Support which was reviewed and adjusted occurring on or after the effective date of the adjusted order regardless of whether or not the party has received a copy of the adjusted order.

• NOTE: Each party has a right to seek a modification of the child support order upon a showing of:
  • (I)   a substantial change in circumstances; or
  • (II)  that three years have passed since the order was entered, last modified or adjusted; or
  • (III) there has been a change in either party's gross income by fifteen percent or more since the order was entered, last modified, or adjusted; however, if the parties have specifically opted out of subparagraph (II) or (III) of this paragraph in a validly executed agreement or situlation, than that basis to seek modification does not apply.

(p13) Details of Page 1 of 3 - FINDINGS OF FACT

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• Top left corner
• FCA {{413, 416, 439(e)

• Top right corner
• 4-SM-3 8/2010

• FAMILY COURT OF THE STATE OF NEW YORK, COUNTY OF NASSAU
  • In the Matter of a Support Proceeding
    • File #: 554548
    • Docket #: F-08102-11/12C
    • CSMS #: BP98238U1
    • FINDINGS OF FACT

• Douglas Novotny, SSN: XXX-XX-XXXX, Petitioner
• - against -
• Shane Novotny, SSN: XXX-XX-XXXX, Respondent

• Elizabeth A. Bloom, being the Support Magistrate before whom the issues of support in the above-entitled proceeding were assigned for determination, makes the following findings of fact:

• Douglas Novotny filed a petition on March 27, 2012 seeking to modify an order dated which provided for the support of the following:

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• Shane Novotny and Douglas Novotny were married on May 18, 2003, and were divorced on October 12, 2010.
  • The following children reside with Shane Novotny: Andrew Douglas Novotny and Layne Victoria Novotny.
  • Douglas Novotny is liable for the support of the above named children by virtue of marriage.

• Shane Novotny has submitted the following proof of income, expenses, and/or support of others: financial statement, pay stubs, tax returns, oral stipulation, and W-2.
  • An itemization of income and deductions of the parents and calculation of pro rata shares is annexed as Appendix A.

• Douglas Novotny has demonstrated sufficient changes of circumstances to warrant the relief requested, in that: his obligation to pay maintenance to the Respondent has ceased due to the Respondent's re-marriage.

• The basic child support obligation for support of the following children is $4,417.79 monthly:

• The basic payment of $4,417.79 monthly consists of $2,833.34, which is the payment computed for the first $136,000 of the parties' combined Adjusted Gross Income, and $1,584,45, which is 25% of the parties combined Adjusted Gross Income over $136,000.

• The factor(s) used in calculating the basic payment for the Adjusted Gross Income over $136,000 is/are:

(p14) Details of Page 2 of 3 - FINDINGS OF FACT

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• Top Right Corner
  • Page 2
  • Docket No: F-08102-11/12C
  • 4-SM-3

• This court is bound by the 10/12/10 Judgment of Divorce issued by Justice Vito M. DeStefano, which provided that child support be re-calculated upon the termination of the Petitioner's obligation to pay maintenance, and that such re-calculation utilize the incomes as determined in Justice DeStefano's Decision After Hearing.
  • In addition, the effective date of the termination of maintenance and concurrent re-calculation of child support is only one month after the date the Judgment of Divorce was issued;

• Shane Novotny is the custodial party, whose pro rata share of the basic child support obligation is $1,016.09 monthly.

• Douglas Novotny is the non-custodial party, whose pro rata share of the basic child support obligation is $3,401.70 monthly.

• The parties have voluntarily stipulated to child support for the children payable by Douglas Novotny to Shane Novotny in the amount of $3,402.00 monthly.

• This stipulation has been entered into the record and recites, in compliance with Section 413(1)(h) of the Family Court Act, that:
  1. the parties have been advised of the provisions of Section 413(1) of the Family Court Act;
  2. The unrepresented party, if any, has received a copy of the child support standards chart promulgated by the Commissioner of the N.Y.S. Office of Temporary and Disability Assistance pursuant to Section 111-I of the Social Services Law;
  3. The basic child support obligation as defined in Family Court Act Section 413(1) presumptively results in the correct amount of child support to be awarded.

• Douglas Novotny's pro rata share of the basic child support obligation is neither unjust nor inappropriate.

(p15) Details of Page 3 of 3 - FINDINGS OF FACT

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• Top Right Corner
  • Page 3
  • Docket No: F-08102-11/12C
  • 4-SM-3

• The Order of Support will continue to be payable through the Support Collections Unit.
  • The modification will be effective 4/1/12, and by agreement of the parties, retroactive to the date the Respondent was re-narried, 11/11/10.
  • The parties have agreed that the Petitioner is entitled to a credit of $14,280.56 based on the elimination of maintenance coupled with the re-calculated child support.
  • SCU shall apply this credit to the account and adjust it accordingly.
  • In all other respects, the terms of the parties' Judgment of Divorce shall continue, including the parties respective pro rata share of expenses as delineated in the Judgment.

• Dated: March 30, 2012

• Signature and typed name:
  • Elizabeth A. Bloom, Support Magistrate

(p16) Details of Page 1 of 2 - Itemization of Income and Deductions of Custodial and Non-Custodial Parents

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• Top of page
  • Appendix A
  • Itemization of Income and Deductions of Custodial and Non-Custodial Parents
  • [FCA 413(1)(b), 413(1) (copy right symbol), 413(1)(f), 416]

Incomes and Deductions:

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• The following data is what appears on the page.

Calculated Pro Rata Share:

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• Number of Children in Custody of Shane Novotny:

• Calculations for Children in Custody of Shane Novotny (2)

• The child support percentage for 2 children is 25%

(p17) Details of Page 2 of 2 - Itemization of Income and Deductions of Custodial and Non-Custodial Parents

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• Top Right Corner:
  • Page 2
  • Docket No: F-08102-11/12C
  • Appendix A

• Calculation for the Combined Income above $136,000

• The amount of combined income over $136,000 is $76,053.61
• The amount being considered by the Court in applying support percentages is $76,053.61
• The percentage applied to this income as determined by the Court is 25%

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• the Basic Child Support Obligation table is next.

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• The parties have voluntarily stipulated to child support for the children payable by Douglas Novotny to Shane Novotny in the amount of $3,402.00 monthly.

(p18) Details of Page 1 of 3 - ORDER OF DISPOSITION (VIOLATION OF SUPPORT ORDER) ON CONSENT

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• Top left corner
• F.C.A. {{413, 416, 433, 438, 439, 440, 442-447, 471; Art.5-B

• Top right corner
• 4-12b 4/2011

• Also at Top right corner, the following parragraph.
• At a term of the Family Court of the State of New York, held in and for the County of Nassau, at Courthouse, 1200 Old Country Rd., Westbury, NY 11590, on September 27, 2012

• PRESENT: Elizabeth A. Bloom, Support Magistrate
  • In the Matter of a Support Proceeding
    • File #: 554548
    • Docket #: F-08102-11/11B
    •                 F-08102-11/12D
    • CSMS #: BP98238U1
    • ORDER OF DISPOSITION (VIOLATION OF SUPPORT ORDER) ON CONSENT

• Douglas Novotny, SSN: XXX-XX-XXXX, Petitioner
• - against -
• Shane Novotny, SSN: XXX-XX-XXXX, Respondent

ALL CAPS

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• Notice: Your Willful failure to obey this order may result in incarceration for criminal non-support or contempt.
• You falure to obey this order may result in suspension of your Driver's License, State-Issued Professional, Trade, Bussiness and Occupational Licenses and Recreational and Sporting Licenses and Permits; and Imposition of Real or Personal Property Liens.

• Specific written objections to this order may be filed with this court within 30 days of the date the order was received in court or by personal service, or if the order was received by mail, within 35 days of the mailing of the order.

End of ALL CAPS

• Shane Novotny filed a petition in this Court on October 19, 2011 alleging that Douglas Novotny failed to obey the order of this Court, dated October 12, 2010. directing payment of support for:

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• Douglas Novotny having appeared before this Court to answer the petition and to show cause why the relief requested in the petition should not be granted, and having been advised by the Court of the right to counsel, and Douglas Novotny having the allegations of the petition;

• NOW, after examination and inquiry into the facts and circumstances of the case, and after hearing the proofs and testimony offered in relation thereto, and upon consent of the parties,

(p19) Details of Page 2 of 3 - ORDER OF DISPOSITION (VIOLATION OF SUPPORT ORDER) ON CONSENT

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• Top right corner
  • Page: 2 of 3
  • Docket No: F-08102-11/11B
  • 4-12b

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• IT IS HEREBY ADJUDGED that Douglas Novotny failed to obey the order of this Court, and that such failure was not willful;

• The name, address and telephone number of Douglas Novotny's current employer are:

• IT IS FURTHER ORDERED AND ADJUDGED that Douglas Novotny's arrears to Shane Novotny as of September 28, 2012 is $129,780.00 for other - all arrears - distributive award from joint accounts, traffic tickets, attorney fees, life insurance premiums, unreimbused medical expenses, pre-school expenses and child care;

• IT IS FURTHER ORDERED that the above-stated amount is to be paid as follows: Douglas Novotny shall make payments of $100.00 weekly commencing on October 1, 2012, to Shane Novotny payable through the Support Collection Unit;

• IT IS FURTHER ORDERED that judgment be entered in favor of Shane Novotny against Douglas Novotny in the amount of $129,780.00, plus interest [CPLR 5004] from the date of this judgement until it is satisfied;

• IT IS FURTHER ORDERED that all payments payable through the Support Collection Unit shall be made by check or money order payable to and mailed to: NYS Child Support Processing Center, PO Box 15363, Albany, NY 12212-5363.
  • The county name and account number (CSMS #BP98238U1) for the matter must be included with the payment for identification purposes;

• IT IS FURTHER ORDERED that the payor, custodial party and any other individual parties immediately notify the Support Collection Unit of any changes in the following information: residential and mailing address, social security number, telephone number, driver's license number; and name, address and telephone numbers of the parties' employers;

• IT IS FURTHER ORDERED that this Order shall be enforceable pursuant to Section 5241 or 5242 of the Civil Practice Law and Rules, or in any other manner provided by law;

(p20) Details of Page 3 of 3 - ORDER OF DISPOSITION (VIOLATION OF SUPPORT ORDER) ON CONSENT

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  • Page: 3 of 3
  • Docket No: F-08102-11/11B
  • 4-12b

• IT IS FURTHER ORDERED that the Respondent's petition is settled.
  • On consent, effective October 1, 2012, the Respondent shall pay $300.00 each week for two children and $100.00 each week towards established arrears through the Support Collection Unit.
  • The Support Collection Unit shall not collect administrative amounts on the account.
  • The parties shall share the cost of child care and educational expenses equally on a 50-50 basis.
  • The Respondent is ordered to obtain a life insurance policy(ies) for a total face value of $300,000 on or before December 1, 2012.
  • See Findings of Fact, which are made a part hereof.

• Dated: September 28, 2012

• ENTER
• Signature and printed name: Elizabeth A. Bloom, Support Magistrate

• Check applicable box:
• [x] Order mailed on [specified date(s) and to whom mailed]: 9-28-12 Atty Steinberg, AttyBran,d SCU
• [  ] Order received in court on [specified date(s) and to whom mailed]: blank space

(p21) Details of Page 1 of 3 - FINDINGS OF FACT

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• FCA {{413, 416, 439(e)

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• 4-SM-3 8/2010

• FAMILY COURT OF THE STATE OF NEW YORK, COUNTY OF NASSAU
  • In the Matter of a Support Proceeding
    • File #: 554548
    • Docket #: F-08102-11/12D
    • CSMS #: BP98238U1
    • FINDINGS OF FACT

• Douglas Novotny, Petitioner
• - against -
• Shane Novotny, Respondent

• Elizabeth A. Bloom, being the Support Magistrate before whom the issues of support in the above-entitled proceeding were assigned for determination, makes the following findings of fact:

• Douglas Novotny filed a petition on August 1, 2012 seeking to modify an order dated which provided for the support of the following:

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• Shane Novotny and Douglas Novotny were married, and were divorced on October 12, 2010.
  • The following children reside with Shane Novotny: Andrew Douglas Novotny and Layne Victoria Novotny.

• Shane Novotny has submitted the following proof of income, expenses, and/or support of others: financial statement, pay stubs, tax returns, oral stipulation, and W-2.
  • Douglas Novotny has submitted the following proof of income, expenses, and/or support of others: financial statement, pay stubs, tax returns, oral stipulation, and W-2.
  • An itemization of income and deductions of the parents and calculation of pro rata shares is annexed as Appendix A.

• Douglas Novotny has demonstrated sufficient changes of circumstances to warrant the relief requested, in that: the parties have agreed to the modification.

• The basic child support obligation for support of the following children is $347.91 weekly:

• Shane Novotny is the custodial party, whose pro rata share of the basic child support obligation is $187.87 weekly.

• Douglas Novotny is the non-custodial party, whose pro rata share of the basic child support obligation is $160.04 weekly.

• The parties have voluntarily stipulated to child support for the children payable by Douglas Novotny to Shane Novotny in the amount of $300.00 weekly.

(p22) Details of Page 2 of 3 - FINDINGS OF FACT

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  • Page 2
  • Docket No: F-08102-11/12D
  • 4-SM-3

• This stipulation has been entered into the record and recites, in compliance with Section 413(1)(h) of the Family Court Act, that
  1. the parties have been advised of the provisions of Section 413(1) of the Family Court Act;
  2. The unrepresented party, if any, has received a copy of the child support standards chart promulgated by the Commissioner of the N.Y.S. Office of Temporary and Disability Assistance pursuant to Section 111-I of the Social Services Law;
  3. The basic child support obligation as defined in Family Court Act Section 413(1) presumptively results in the correct amount of child support to be awarded.

• Upon consideration of the following factors specified in Family Court Act {413(1)(f), Douglas Novotny's pro rata share of basic child support obligation would be unjust and/or inappropriate for the following reason:
  • The physical and emotional health of the child(ren) and his/her/their special needs and aptitudes;

• Health insurance availability for each party is as follows: For Shane Novotny, health insurance is available through a third party.
  • For Douglas Novotny, health insurance is not offered through an employer or organization.

• Shane Novotny is directed to continue health insurance coverage under the Magna Care for children, Andrew Douglas Novotny and Layne Victoria Novotny, with contribution or premium to be paid by Shane Novotny.
  • This plan contains the following benefits: Medical, Dental, Optical, and Prescription Drug.

(p23) Details of Page 3 of 3 - FINDINGS OF FACT

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  • Page 3
  • Docket No: F-08102-11/12D
  • 4-SM-3

• Child support was calculated based on the parties' current reported earnings.
  • The modification will be effective 10/1/12 and retroactive to the 8/1/12 petition filing date.
  • Basic child support and the arrears shall be payable through the Support Collections Unit.
  • The parties have stipulated that taking into account the credits due retroactivity of the modification, and the claims asserted and resolved in a separate enforcement petition (F-8102-11/11B), SCU shall set the total arrears at $129,790.00 as of 9/24/12.
  • The parties have agreed that arrears will be paid off at the rate of $100.00 weekly, with no administrative amounts collected.
  • In addition, the parties have agreed that a money judgment shall be issued for the $129.790 arrears, also in conjunction with the related enforcement proceeding (/11B).
  • The parties have agreed that the Petitioner shall pay the Respondent $75.00 weekly for pre-school tuition, commencing 10/1/12, with no credits no arrears due on that obligation.
  • The parties shall equally share the cost of child care, unreimbursed medical expenses, and educational expenses for the children resulting from any special needs they may have.

• Dated: September 27, 2012

• Signiture and typed name:
  • Elizabeth A. Bloom, Support Magistrate

(p24) Details of Page 1 of 2 - Itemization of Income and Deductions of Custodial and Non-Custodial Parents

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  • Appendix A
  • Itemization of Income and Deductions of Custodial and Non-Custodial Parents
  • [FCA 413(1)(b), 413(1) (copy right symbol), 413(1)(f), 416]

Incomes and Deductions:

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• The following data is what appears on the page.

Calculated Pro Rata Share:

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• Number of Children in Custody of Shane Novotny:

• Calculations for Children in Custody of Shane Novotny (2)

• The child support percentage for 2 children is 25%

(p25) Details of Page 2 of 2 - Itemization of Income and Deductions of Custodial and Non-Custodial Parents

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  • Page 2
  • Docket No: F-08102-11/12D
  • Appendix A

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• the Basic Child Support Obligation table is next.

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• The parties have voluntarily stipulated to child support for the children payable by Douglas Novotny to Shane Novotny in the amount of $300.00 weekly.

(p26) Details of Page 2 of 3 - Background Finances

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• NOTE: Need the first page
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• ... are based upon the credible testimony adduced at the inquest as well as the documentary evidence submitted by the wife.

Background and Finances

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• The parties were married on May 18, 2003 in a religious ceremony.
  • There are two children of the marriage: Layne Victoria Novotny (d.o.b. 6/9/06) and Andrew Douglas Novotny (d.o.b. 12/13/07).
  • The Wife is 31 years of age and is a college graduate.
  • At the time the parties married, the Wife was employed as a resturant manager.
  • The Wife took four months off from work for maternity leave, then returned to work part-time.
  • The Wife returned to full-time work prior to the birth of the second child, at which time she took two months of maternity leave.
  • Shortly thereafter, the Wife returned to work full-time.
  • The Wife continues to be employed as a resturant manager, currently earning a gross salary of $52,000.00 per year.

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• The Husband is 38 years of age and is also employed as a restaurant manager.
  • At the time of the marriage, the Husband was earning approximately $50,000.00 per year.
  • In 2008, the Husband was employed at "Strike Holdings" as the "director of operations" with an anticipated annual salary of approximately $90,000.00 plus a 20% bonus, but he voluntarily left that position to become the "director of purchasing" with an anticipated salary of $65,000.00.
  • In June, 2008 the Husband quit his job at Strike Holdings and in July, 2008 became employed at "Lucky Strike."
  • The Wife testified that the Husband told her his anticipated annual salary at Lucky Strike would be $126,000.
  • He thereafter voluntarily resigned his employment with Lucky Strike in March, 2009.
  • The Husband's earnings statement from Lucky Strike Manhattan LLC, however, indicates gross pay for the two-month period of January to February 2009 pf $28,347.14.
  • As the (end pf page 2, beginning of page 3)
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(p27) Details of Page 3 of 3 - Background Finances and Custody

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• NOTE: Need the first page
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• Previous page ended with "As the", page 3 resumes with the following:
• As the ... Wife contends, this equates to a yearly gross pay of $170,082.00
  • In her post-inquest memorandum, the Wife requests that the Court impute income to the Husband is such amount, based upon his demonstrated earning capacity (Plaintiff's Post Inquest Memorandum of Law at p. 15)

Custody

• The Wife requests that she be awarded sole custody of the parties' children.
  • In making an award of custody, the paramount consideration is the best interests of the children and what will best promote their welfare and happiness
    • (see, Eschbach v Eschbach, 56 NY 2d 167, 171; Matter of Hostetler v Montarye, 30 AD3d 720, 721 1v denied 7 NY 3d 71D; Defayette v Defayette, 28 AD3d 820, 821).
  • In reaching that determination, a myriad of factors must be considered including the relative stability and financial situation of the respective parents (see, Matter of Farmham v Farmham, 252 AD2d 675, 676).
  • In determining the best interests of the children, the court must view the totality of the circumstances (see Friederwitzer v Friederwitzer, 55 NY2d 89, 94).
  • Among the factors or circumstances to be considered in ascertaining the shild's best interests are:
    1. the continuity and stability of the existing custodial arrangement, including the relative fitness of the parents;
    2. quality of the child's home environment and that of the parent seeking custody;
    3. the ability of each parent to provide for the child's emotional and intellectual development;
    4. the financial status and ability of each parent to provide for the child;
    5. the individual needs and expressed desire of the children; and
    6. the need of the child to live with siblings (see Matter of Louise E.S. v W. Stephen S., 64 NY2d 946; Eschbach v Eschbach, 56 NY2d 167, 172-173; Matter of Nehra v Uhlar, 43 NY2d 242, 250-251; Matter of .....
  • it looks like there is a fourth page.

(p35) Nassau County Office of Child Support Enforcement, Support Obligation Summary

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Summary of Account and Detail of Obligations and Amounts Owed

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Phrases to look up

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• order of child support aka: Child Support Order or The Order of Support
  • is order under judgment ?
  • recipient of Family Assistance
• Matrimonial Part 21 of the New York State Supreme Court
  • How is the NY Supreme Court Organized, include this "family court stuff" like Matrimonial Part 21
• Support Collection Unit
• or pursuant to Paragraph (2)
• Child Support Standards Act
• Domestic Relations Law
  • Section Two Hundred Forty (B) - requirements for current address of all parties ?
• unemancipated children
• CSSA guidelines
• Findings of Fact and Conclusions of Law
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• the provisions of Section 413(1) of the Family Court Act
• a copy of the child support standards chart premulgated by the Commissioner of the N.Y.S. Office of Temporary and Disability Assistance pursuant to Section 111-i of the Social Services Law
• this Order shall be enforceable pursuant to Section 5241 or 5242 of the Civil Practice Law and Rules
• Magna Care for children
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Things to try

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1. Lindsey needs a list of the documents
2. psychological examination - is it too late to determine his mental status from the shock to the last court date.
3. mis-count of the money, salerary and bonuses lumped together to form the basis for his salary
   1. high-light the errors on these documents
   2. identify which documents effected
   3. why didn't the judge, all reviewers, lawyers, let this happen
4. Can the other party be suied for:
   1. taking advantage of Doug's depression
   2. taking advantage of Doug having no lawyer
5. what is the other party doing wrong now
   1. Conneticut move, missing child with dad Sundays
   2. is she working, isn't she suppose to produce 44% of the "whatever its called".
      1. show that document
   3. reserve
6. How to pay the lawyer
   1. croud sourcing/financing
      1. find othe dudes in the same situation so we can share the cost
7. how . . . . . .
8. reserve

Reserve

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