The following documents were considered in connection with Plaintiff's motion, dated March 29, 2025, (hereinafter "Motion Sequence No. 1"), seeking the entry of an Order granting the following relief:

1. Scheduling a hearing or court conference to determine child support;

2. Directing that child support be calculated in accordance with the Child Support Standards Act (CSSA); and

3. Granting such other and further relief as the Court deems just and proper

On November 11, 2024, this matrimonial action was commenced with Plaintiff's filing of a Summons with Notice (NYSCEF Doc. No. 1) which was amended (NYSCEF Doc. No. 2) (hereinafter "Summons") and a Complaint (NYSCEF Doc. No. 3) (hereinafter "Complaint"). The Complaint asserts that the parties have two children being: (1) D.J. (D.O.B.: XX/XX/XXXX); and (2) D.J.J. (D.O.B.: XX/XX/XXXX) (hereinafter "Children") and seeks the entry of a judgment of divorce dissolving the parties' marriage due to the asserted irretrievable breakdown of the parties' marriage pursuant to New York State Domestic Relations Law (hereinafter "DRL") § 170(7) in addition to other ancillary relief.

On November 16, 2024, Plaintiff filed an affidavit of service asserting that Defendant was served with a Summons but did not indicate if Defendant had been served with the [*2]Complaint or any of the notices required under the DRL (NYSCEF Doc. No. 5).

On December 6, 2024, the Hon. Victor G. Grossman, J.S.C., Supervising Matrimonial Judge of the 9th Judicial District, entered a Decision and Order denying Plaintiff's application for poor person relief and the assignment of pro bono counsel (NYSCEF Doc. No. 6).

On December 14, 2024, despite Defendant having failed to appear and without the filing of a motion for default judgment, Plaintiff filed a number of documents requesting that this Court enter a judgment if divorce on an uncontested basis (NYSCEF Doc. Nos. 14-21). A Court Notice was issued by Court Attorney Referee Laurie Sullivan (NYSCEF Doc. No. 22) which provided:

"Please be advised that the Judgment of Divorce cannot be signed upon the papers submitted. New York law requires that child support be paid for minor children up to the age of 21. Please provide proof of emancipation of the minor child born in 2007. This action is adjourned to May 6, 2025 for further submissions."

On Mach 29, 2025, Plaintiff filed Motion Sequence No. 1 (NYSCEF Doc. Nos. 23-25), and to date has not filed proof of service of the motion on Defendant.

In support of her application, Plaintiff filed an affidavit in support wherein she asserts the following:

"The Court previously issued a notice directing that the parties submit a child support agreement or otherwise address the issue of child support. Despite repeated good-faith efforts by the Plaintiff to engage the Defendant in reaching a reasonable agreement regarding their divorce, including child support, the Defendant has refused to participate, communicate, and has been verbally abusive towards the Plaintiff. The aforementioned has resulted in the Plaintiff issuing a temporary restraining order against the Defendant while the parties remain living within the marital property. The parties have one minor child entitled to support under New York law. In light of the Defendant's non-cooperation and the current temporary restraining order, the Plaintiff respectfully requests that the Court schedule a hearing or court conference to determine the appropriate amount of child support under the Child Support Standards Act (CSSA), based on the available financial information and/or imputed income where applicable."^[FN1]

Plaintiff's one exhibit submitted in support of the instant application is the first page of a Temporary Order of Protection entered by Hadassah L. Holmes, Court Attorney Referee, of the New York State Family Court, in a proceeding captioned M.J. (DOB: XX/XX/XXXX) v. J.J. (DOB: XX/XX/XXXX), commenced under file number XXXX and Docket Number XXXX (hereinafter "Family Court Proceeding") (NYSCEF Doc. No. 25). Notably, the Temporary Order of Protection is not a certified copy and does not include pages beyond the first page including any proof of entry by Court Attorney Referee Holmes.

No other submissions were filed in connection with Motion Sequence No. 1.

On April 3, 2025, a court notice was issued advising that this matter was assigned to the undersigned and scheduling a preliminary conference to be held on April 24, 2025, at 11:30 a.m. (NYSCEF Doc. No. 26)(hereinafter "Court Notice"), directing:

"IF A PARTY IS SELF REPRESENTED, OR NOT RECEIVING NYSCEF NOTIFICATIONS, OPPOSING COUNSEL (OR OPPOSING PARTY, IF ALSO SELF REPRESENTED, BUT PARTICIPATING IN NYSCEF) MUST SERVE SAID PARTY(IES) WITH A COPY OF THIS COURT NOTICE, AND FILE AN AFFIDAVIT OF SERVICE TO NYSCEF, CONFIRMING COMPLIANCE WITH THIS COURT DIRECTIVE."

On April 8, 2025, Plaintiff's counsel requested an adjournment of the preliminary conference (NYSCEF Doc. No. 27), which was granted by Order (NYSCEF Doc. No. 28) (hereinafter "Order") directing a new date of May 1, 2025, at 10:00 a.m.

To date, Plaintiff's counsel has not filed any proof of service on Defendant of the Court Notice and subsequent Order with the adjourned date for the preliminary conference.

In making a determination as to child support awards, inclusive of basic child support and any statutory add-ons, the Court is guided by the New York State Child Support Standards Act (hereinafter "CSSA") for which a movant seeking an award of support and/or modification of a prior support award must produce financial disclosure pertaining to both parents (Wallach v. Wallach, 37 AD3d 707 [2d Dept 2007]).

Uniform Rules of the New York State Trial Courts (hereinafter "Court Rules") § 202.16, set forth the required financial disclosure of a movant seeking an award of support:

(b) Form of Statements of Net Worth. Sworn statements of net worth, except as provided in subdivision (k) of this section, exchanged and filed with the court pursuant to section 236 of the Domestic Relations Law, shall be in substantial compliance with the Statement of Net Worth form contained in appendix A of this Part.

(i) statements of net worth, which also shall be filed with the court no later than 10 days prior to the preliminary conference;

(k) Motions for Alimony, Maintenance, Counsel Fees Pendente Lite and Child support (other than under section 237(c) or 238 of the Domestic Relations Law). Unless, on application made to the court, the requirements of this subdivision be waived for good cause shown, or unless otherwise expressly provided by any provision of the CPLR or other statute, the following requirements shall govern motions for alimony, maintenance, counsel fees (other than a motion made pursuant to section 237(c) or 238 of the Domestic Relations Law for counsel fees for services rendered by an attorney to secure the enforcement of a previously granted order or decree) or child support or any modification of an award thereof:

(1) Such motion shall be made before or at the preliminary conference, if practicable.

(2) No motion shall be heard unless the moving papers include a statement of net worth in the official form prescribed by subdivision (b) of this section."

Upon a review of Motion Sequence No. 1, it does not contain Plaintiff's statement of net worth as required by the aforementioned Court Rules. Moreover, despite this action having been commenced approximately one-half year ago, the preliminary conference having been adjourned [*3]at the request of Plaintiff's counsel, and the preliminary conference scheduled to be held within ten days from the date of this Decision, following the filing of Motion Sequence No. 1 Plaintiff has yet to file a statement of net worth.^[FN2] In addition to these fatal defects in the instant application, such a request should have been made at the scheduled preliminary conference pursuant to the Court Rules which would have afforded Plaintiff the opportunity to be heard without having to incur any costs associated with an unnecessary motion.

Based upon the foregoing, Plaintiff's request directing that child support be calculated in accordance with the child support standards act and scheduling a hearing or court conference to determine child support, are denied without prejudice.

To the extent relief requested has not been granted or otherwise addressed herein, it is hereby denied. However, as noted below, the Court directs Plaintiff's counsel to serve Defendant with copies of the Court Notice, Order and this Decision and Order with a notice of entry in order to ensure that Defendant has adequate time to prepare for and appear at the scheduled preliminary conference.

Based upon the foregoing, it is hereby

ORDERED that Motion Sequence No. 1 is denied without prejudice; and it is further

ORDERED that by April 29, 2025, Plaintiff's counsel shall serve upon Defendant, via overnight delivery, the following:

1. Court Notice;

2. Order;

3. This Decision and Order with notice of entry; and it is further

ORDERED that by April 29, 2025, Plaintiff's counsel shall file proof of service of the documents set forth above with a copy of the overnight tracking slip; and it is further

ORDERED that to the extent any relief sought has not been granted, it is expressly denied.

The foregoing constitutes the Decision and Order of the Court.