Amsterdam, NY asked in Divorce for New York

Q: I submitted all my NY uncontested divorce forms about 2 months ago. Just received a notice stating they needed more.

They are requesting:

"1) Maintenance. Please provide plaintiffs affidavit recitinting parties respective ages, health, employment and income so that the court Has some basis to make its finding that the maintenance waiver provisions of the separation agreement were fair reasonable at the time of the making of the agreement and not unconscionable at the time of entry of the final judgment. It is not enough that the party's state in their agreement their subjective believe that this is the case. The court is required to make its own independent finding on this matter."

2) In the affidavit that adresses the maintenance waiver, please also include information concerning the cost to provide health insurance coverage to your children under your medical plan. I am aware that there is an order dated July 31st 2019 that terminated your obligation to provide health insurance coverage..."

What i dont understand is that I already submitted my "affidavit of plaintiff" form?

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2 Lawyer Answers
Howard E. Knispel
Howard E. Knispel
PREMIUM
Answered
  • Commack, NY
  • Licensed in New York

A: This is why trying to submit legal documents to the court without a lawyer is foolish. There are many forms required, some mayt be duplicative. Clerks will reject papers that do not contain all the required forms with all of the required language. Contact a lawyer and have the lawyer submit the corrected papers.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Garden City, NY
  • Licensed in New York

A: It is clear that whatever forms you submitted do not contain enough information for the court. The court is requiring you to submit additional information. Without that information the court will not sign off on your divorce. Either submit the information on your own or get help from an attorney either way, you should do this ASAP.

1 user found this answer helpful

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