COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. Throughout this form, the “^” symbol is used to represent a blank to be filled in or an : Plaintiff(s) option to be considered. JUDICIAL SUBPOENA -against- : IN THE DISTRICT COURT OF ^ COUNTY, NEBRASKA : ^, : Case No. ^ Defendant(s) : Petitioner, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DECREE OF DISSOLUTION ... OF MARRIAGE vs. THE PEOPLE OF THE STATE OF NEW YORK ^, TO Respondent. DATE OF GREETINGS: FINAL HEARING: ^. DATEWE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before OF RENDITION: ^. , the Honorable at the Court DATE OF ENTRY: See court clerk’s file-stamp date. located at County of See NEB. REV. STAT. §of in room , on the day 25-1301. “Rendition” andat , 20 , “Entry” are words in the having o'clock of art noon, and at any recessed specific definitions. The date of hearing will be known and should be filled in. The or adjourned date,datetestify and give evidence as a witness inunless you are quite part of the to of “rendition” would generally be left blank this action on the certain that the decree will be signed the same day as the hearing. If the decree is not actually “rendered,” i.e., signed, on the date of the hearing, I will take the case under advisement pending preparation of decree. The date of rendifailure will comply with this subpoenadecree. to be the date I actually sign the is punishable as a contempt of court and tion Your will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a The date of “entry” result of your failure to comply. is determined by the date of filing by the court clerk, and is the operative date for appeal and for the waiting periods. If you are leaving a blank for me to fill in, be sure to leave a long enough the Justices of the Witness, Honorable , one of blank. Many fonts with proportional spacing will not leave enough room. Better too much Court in County, day of , 20 than not enough. The preferred date format is “Month Date, Year,” e.g., December 21, 2001. The initial paragraph deals only with the proceedings at trial The appearances have name below) (Attorney must sign above and type been moved from the first numbered paragraph of the decree to the opening introductory paragraph. They will need to be changed according to actual appearances. When that is uncertain, it is fine to bring a decree with blanks to be filled in or boxes to be checked. Unless you are fairly certain the decree will be entered without changes that day, it is best to insert a blank Attorney(s) for for the date of rendition and to leave in the check box and advisement language. This matter came on for final hearing. The petitioner appeared personally and was represented by ^, and the respondent appeared personally and was represented by Office and P.O. Address ^. A trial was had to the Court. [ ] The matter was taken under advisement. 1 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : NOW, effective upon the date Plaintiff(s) this decree by the court clerk (the date of of filing of JUDICIAL SUBPOENA “entry” of decree), the Court, being fully advised in the premises, hereby finds, orders, -against: adjudges and decrees as follows: : I have eliminated the blank for a date of entry and provided a description instead. The date of entry is determined by the clerk file-stamping and dating the decree. : Even where I sign the decree in court, that does not guarantee that the file-stamping and dating will occur that same date. Defendant(s) : . . . . . . . . . . . . . . .The .descriptive .parenthetical .has .been .added to. clearly relate .. ....... ......... .. ... ..... ..... the filing date to the time periods in paragraph 3. 1. JURISDICTION: At filing, the ^petitioner resided in this county ^and now THE PEOPLEthis THE STATE OF NEW YORK resides in OF county. The ^petitioner resided in Nebraska for more than one year prior to TO filing. More than 60 days have passed since personal service was perfected or a voluntary appearance was entered. Neither party is now a party to any other pending action in any court for divorce, legal separation, or dissolution of marriage. Neither party GREETINGS: is a member of the Armed Forces of the United States or any of its allies. The Court has WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before jurisdiction matter , the Honorable of both parties and the subject at the of this action. Court located at County of The jurisdiction paragraph may have to be modified in many instances. This paragraph is designedof in room , on the day only for the most 20 , common, situation. o'clock in the at noon, and at any recessed or adjourned date,JURISDICTION:evidence as a witness in this action on thein this the to testify and give At filing, the petitioner resided part of county and now 2. resides in this county. The petitioner resided in Nebraska for more than one year prior to filing. Your failure to comply with this subpoena is punishableservice or personal and will make you liable to More than 60 have passed since constructive as a contempt of court service outside the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a the state failure to comply. result of yourwas accomplished. The petitioner is not a party to any other pendign action in any court for divorce, legal separation, or dissolution of marriage. Although the court has Witness, Honorable , one of the Justices of the jurisdiction of theCounty, of the of person Court in day petitioner and the subject matter of the dissolution of , 20 marriage and child custody and visitation issues, the court does not have personal jurisdiction over the respondent to divide property or (Attorney or grant any monetarybelow) debts must sign above and type name relief. This jurisdiction paragraph is intended for the situation where no personal jurisdiction can be obtained over the respondent and relief is limited accordingly. 3. MARRIAGE: The petitioner and the respondentfor Attorney(s) were married on ^, in the City of ^, ^ County, ^Nebraska. It is preferable to specify the marriage being dissolved with exactitude, i.e., by date and place of marriage. While city and state of marriage are indispensable, it is preferable to include the county also. Office and P.O. Address 4. DISSOLUTION: All reasonable efforts to reconcile have been made and there is no reasonable possibility of reconciliation. Telephone No.: is irretrievably broken The marriage 2 Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. and should be, and hereby is, dissolved. This decree : becomes final and operative after JUDICIAL SUBPOENA Plaintiff(s) 30 days from date of -against-except for purposes of appeal and except that neither party entry, : may remarry (other than to each other) for six months:from date of entry and the parties are deemed as married for health insurance purposes during such six month period. If : either party dies prior to expiration of such time periods, the decree becomes final as of Defendant(s) : . .the. . . . . . of .entry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . date . . . . . . . I have tried to simplify the above paragraph. It is essential that the decree positively find that the marriage is irretrievably broken and positively order that the marriage is (not just should be) dissolved. THE PEOPLE OF THEare a number of versions of the STATE OF NEW YORK There following paragraph, depending upon the presence or absence of written or oral stipulations. The first version on default is new, but would not necessarily be the most common. TO 5. DEFAULT: More than 30 days have elapsed since personal service was perfected or a voluntary appearance was entered, and the respondent has failed to file GREETINGS: any written response to the petition and is in default for want of answer. The court WE COMMAND YOU, that all business and excuses being further you and relief you attend accepts the allegations of the petition as true, and grantslaid aside,specific each ofupon the before , the Honorable at the Court located at County of presented. evidence in room , on the day of , 20 , at o'clock in the noon, and at any recessed 6. or adjourned date,WRITTEN AGREEMENT: a witness in this settlement agreement received as to testify and give evidence as The written action on the part of the Exhibit ^1 is fair and reasonable in all respects, and is not unconscionable, and is hereby approved, and compliance therewith ordered, and the following findings and orders are Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on to the behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a pursuant whose stipulation. result of your failure to comply. 7. WRITTEN AGREEMENT: The written settlement agreement received as , is of the Justices of the Exhibit Witness, Honorable ^1 is fair and reasonable, and is not unconscionable, andonehereby approved, and Court in County, day of , 20 compliance therewith ordered, except that ^. To such extent, the stipulation is disap- proved. Except as disapproved, the following findings and orders are pursuant to the (Attorney must sign above and type name below) stipulation. The above version is for the occasional instance in which I would refuse to approve a particular provision, usually relating to children. You would not ordinarily use this Attorney(s) for provision in advance of the hearing, unless you really believe that is what I am going to do. 8. WRITTEN AGREEMENT: The written settlement agreement received as Exhibit ^1 is fair and reasonable in all respects and Office and P.O. Address and is hereby is not unconscionable, approved, and compliance therewith ordered, and the following findings and orders are pursuant to the stipulation, which provides as follows: ^ Telephone No.: 3 Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. The above version is for some lawyers who prefer to :recite specific terms of the Plaintiff(s) written agreement in the decree. When properly used, some of the later paragraphs may be dispensed with. However, all of the mandatory language from those later : paragraphs-against-be present and is easily overlooked in the context of an agreeneeds to ment. For this reason, I discourage use of this alternative and prefer use of the first version of the WRITTEN AGREEMENT paragraph. JUDICIAL SUBPOENA : 9. ORAL STIPULATION: The oral stipulation made in open court at trial is : fair and reasonable in all respects and is not unconscionable, and is hereby approved, Defendant(s) : . .and . the .following . findings . and. orders. are. . . . . . . . . . to . the stipulation, which provides as . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . pursuant . . follows: ^ The above version is for oral stipulations covering all issues. THE PEOPLE OF THE STATE OF NEW YORK 10. ISSUES TRIED AND ORALLY STIPULATED: The parties were unable to TO agree as to certain issues and a trial was had on such issues. The parties stipulated in open court as follows: ^. The stipulations are fair and reasonable in all respects and are not unconscionable, and are hereby approved, and compliance therewith ordered, and GREETINGS: the findings and orders hereinafterbusinessincorporatebeing laid aside, you and eachas you attend before WE COMMAND YOU, that all made and excuses such stipulations insofar of they go, , the Honorable Court and the Court determines the other issues at the the evidence presented. upon located at County of The above version is for oral stipulations covering some issues only. in room , on the day of , 20 , at o'clock in the noon, and at any recessed 11. or adjourned date,ISSUES and give evidence as a witness in this action on the part of the to agree as to testify TRIED AND STIPULATED: The parties were unable to certain issues and a trial was had on such issues. The written stipulations received as ExhibitYourare fairtoand reasonablesubpoena is punishable as a contempt of court and willand are liable to ^1 failure comply with this in all respects and are not unconscionable, make you the party on whose behalf this compliance issued for a maximum penaltythe$50 and all damages sustained as a hereby approved, and subpoena was therewith ordered, and of findings and orders result of your failure to comply. hereinafter made incorporate such stipulations insofar as they go, and the Court deterWitness, Honorable mines the other issues upon the evidence presented. Court in County, 12. day of , one of the Justices of the , 20 ISSUES TRIED: The parties were unable to agree as to any issues and a trial was had, and the Court determines the matters upon the evidence presented. (Attorney must sign above and type name below) I have consolidated the former NO CREDIT and PAYMENTS paragraph by making the former the first subparagraph of the latter. 13. PAYMENTS: A. Attorney(s) for No credit shall be allowed for any payments required to be paid to the Clerk of the District Court or to the State Disbursement Unit and which are not paid Office and P.O. the District Court shall to the proper officer. All references to the court clerk or Clerk of Address mean the Clerk of the District Court of ^ County, Nebraska. 4 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : B. Index No. Calendar No. : All payments ofPlaintiff(s) (not qualifying as spousal support), alimony JUDICIAL SUBPOENA property settlement,-against-care expenses, attorneys fees, and/or costs ordered in child : this decree shall be paid to the Clerk of the District Court for disbursement to the : person entitled to receive the same. .................... : Although it does not hurt to leave all of the optional relief items in the above paragraph,Defendant(s) I prefer to delete those which are not : . actually. awarded . . the. decree to. avoid .confusion for the parties. . . . . . . . . . . . in . . . . . . . . . . . . . . . . “Property settlement” means a monetary judgment to equalize division of property and does not include a purely in-kind division of property. Basically, alimony YORK THE PEOPLE OF THE STATE OF NEWpayable to the custodial parent of minor children qualifies as “spousal support” paid to the SDU. Alimony payable with no minor children is paid to the clerk. Case law has not definitively determined that alimony paid to a noncustodial parent is not “spousal support” but that it my interpretation of the statutory language. TO C. All payments of alimony (spousal support), child support, and/or GREETINGS: medical support ordered in this decree shall be paid to the State Disbursement Unit WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before for disbursement to the person entitled to receive the same. , the Honorable at the Court located at County of14. PETITIONER’S PROPERTY: The petitioner’s sole and separate property in room , on the day of , 20 , at o'clock in the noon, and at any recessed orshall consist of testify and give evidencenow witness inpetitioner’s possession, subject to all adjourned date, to all of the property as a in the this action on the part of the encumbrances thereon. 15. RESPONDENT’S PROPERTY: The respondent’s sole and separate Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on shall consistthis all of thewas issued for a maximum penalty of $50 and all damages sustained as a property whose behalf of subpoena property now in the respondent’s possession, subject result of your failure to comply. to all encumbrances thereon. Witness, Honorable paragraphs would be used where The above two divided and no real estate description is involved. Court in County, day of , 20 16. , one of the Justices all property has already been of the PETITIONER’S PROPERTY: The petitioner’s sole and separate property, subject to encumbrances unless otherwise provided herein, shall consist of: (Attorney must sign above and type name below) A. All of the property now in the petitioner’s possession except as specifically awarded to the respondent herein. B. 17. Attorney(s) for ^. RESPONDENT’S PROPERTY: The respondent’s sole and separate property, subject to encumbrances unless otherwise Office and P.O. Address consist of: provided herein, shall A. All of the property now in the respondent’s possession except as specifically awarded to the petitioner herein. 5 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : B. ^. .................... 18. Plaintiff(s) Calendar No. : JUDICIAL SUBPOENA The decree must SPECIFICALLY DESCRIBE any REAL ESTATE -against: awarded to either party by CORRECT LEGAL DESCRIPTION. Otherwise, the later provision regarding documentation becomes futile. As a former real estate lawyer, I insist upon proper compli: ance. Even if received by the sole title-holder, the best practice would be to include the legal description. I have no objection to : additional supplemental descriptions, such as “family home” or by street address. Also, remember that many county clerks will not recognize (and I think properly so) use of the decree to transDefendant(s) : . fer .a. motor .vehicle. without .signature .of .the. transferring party on .. .... .... ..... ...... . . .. the title unless the VIN number is recited in the decree. DEBTS: The indebtedness of the parties shall be paid as follows: A. Each party shall pay THE PEOPLE OF THE STATE OF NEW YORK the debts incurred by that party personally since the separation on ^. TO B. C. GREETINGS: The petitioner shall pay the following: ^. The respondent shall pay the following: ^. D. Each party shall indemnify and hold the other party harmless of all WE COMMAND required to pay and of all debts encumbering property such attend liabilities such party is YOU, that all business and excuses being laid aside, you and each of you party before , the Honorable at the Court located at County of receives. in room , on the day of , 20 , at o'clock in the noon, and at any recessed 19. or adjourned date,PROPERTYgive evidence as a witness in this action on the part of the to testify and SETTLEMENT: A. The ^respondent shall pay to the court clerk for disbursement to the ^petitioner as property settlement the total sum of $^, payable as follows: Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf(1) subpoena was issued for a maximum penalty of $50 and all damages sustained as a this ^. result of your failure to comply. B. The judgment shall bear interest at the judgment rate (see “JUDG- MENT”Witness, Honorable from the date of entry until paid. paragraph below) Court in C. County, day of , one of the Justices of the , 20 There shall be no interest upon any installment paid on or before the due date thereof, but any delinquent installment shall bear interest at the judgment rate (Attorney must sign above and type name below) (see “JUDGMENT” paragraph below) from due date until paid. The above paragraphs are only used for monetary judgments to equalize division of property. The last two paragraphs regarding Attorney(s) for interest are mutually exclusive, and only one of the two should be used. There are, of course, other possibilities, such as acceleration provisions, but I have only included the most common situations. If a rate other than the judgment rate is to be agreed upon between the parties, it will need to be specifically substituted for the phrase “the judgment rate” as “the rate of x% per annum.” It Office avoid future is important to specify the applicable interest toand P.O. Address disputes over interpretation of the decree or inconvenience in referring to former statutes. 20. ALIMONY: Neither party shall pay any alimony No.: other party. Telephone to the 6 Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : 21. ALIMONY: Index No. Calendar No. Neither party shall pay : any alimony to the other party. JUDICIAL SUBPOENA Plaintiff(s) However, pursuant to the agreement of the parties,: the indemnities as to debts and -againstencumbrances are provided in substitution for alimony :payments, and any such indemnity obligation shall be considered to be “in the nature of support,” for the benefit of the party : to whom the particular indemnity obligation runs. Despite the characterization of indemni- Defendant(s) : . .ties .as .support,. . . . . . . . . . . . .shall .not. .be .modified. . . . include or “increase” any alimony or . . . . . . . . . . . . this decree . . . . . . . . . . . . . . . to . . spousal support. The last two sentences are optional in stipulated situations. They relate to the of bankruptcy. I have included the last sentence to allay concerns regarding future modification based on the indemnity language. THE PEOPLE OF THE STATE of debt in the event characterization OF NEW YORK TO 22. ALIMONY: Neither party shall pay any alimony to the other party. However, to the extent that the federal courts may consider this court’s intentions GREETINGS: relevant to the characterization of such support under federal law, this court intends that WE COMMAND YOU, and business and excuses provided in substitution of alimony the indemnities as to debts that allencumbrances are being laid aside, you and eachfor you attend before , the Honorable at the Court payments, and should be considered to be “in the nature of support,” for the benefit of located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed orthe party date, to testify and give evidence as a witness in thisruns. on the partsuch intentions, this adjourned to whom the particular indemnity obligation action Despite of the decree shall not be modified to include or “increase” any alimony or spousal support. Case law makes it clear that state courts have no power to authoritatively make the determinations of the last two sentences, Your failureevent of bankruptcy. However, federalrelating to the characterization of that the will make you liable to to comply with this subpoena is punishablejudges have reportedcourt and as a contempt of debt in the bankruptcy the party on whose behalf this subpoena was a factor for a maximum penalty law,$50 Iand all damages sustained as a state court’s intention may be issued considered under federal of so have provided language result of your failure to comply. for use where alimony is litigated. I have included the last sentence to allay concerns regarding future modification based on the indemnity language. Witness, Honorable ALIMONY: Court in County, , one of the Justices of the 23. A. day of , 20 The ^respondent shall pay alimony to the court clerk for disburse- ment to the ^petitioner in the total sum of $^, payable as follows: (Attorney must sign above and type name below) (1) B. ^. Such alimony is subject to termination on the death of either party or Attorney(s) for the remarriage of the recipient. C. Such alimony is not subject to termination on the death of either party or the remarriage of the recipient. Office and P.O. Address While alimony terminates by law upon death or remarriage unless provided otherwise, I prefer to leave in the language even if terminable, for the convenience of the parties. The first version 7 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. is the statutory default for terminable alimony and second version : Plaintiff(s) is for stipulated nonterminable alimony. JUDICIAL SUBPOENA D. -against: The judgment shall bear interest at the judgment rate (see “JUDG- MENT” paragraph below) from the date of entry of decree. : E. There shall be no interest upon any installment paid on or before the : due date thereof, but any delinquent installment shall bear interest at the judgment rate Defendant(s) : . .(see .“JUDGMENT” .paragraph .below) .from .due .date .until paid. .... ............. ......... ...... .... ... .... .. I have added interest paragraphs for the same reasons discussed above. Again, the two interest paragraphs are mutually exclusive and only one should be used. THE PEOPLE OF THE STATE OF NEW YORK F. In addition, pursuant to the agreement of the parties, the indemnities TO as to debts and encumbrances are provided in partial substitution for alimony payments, and any such indemnity obligation shall be considered to be “in the nature of support,” for the benefit GREETINGS: of the party to whom the particular indemnity obligation runs. G. In addition, to the extent that the federal courts and consider this WE COMMAND YOU, that all business and excuses being laid aside, you mayeach of you attend before , the Honorable at the Court court’s intentions relevant to the characterization of such support under federal law, this located at County of incourt intends that the indemnities as to debts andat room , on the day of , 20 , encumbrances are providedand partial o'clock in the noon, in at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the substitution for alimony payments, and should be considered to be “in the nature of support,” for the benefit of the party to whom the particular indemnity obligation runs. The last two this subpoena is punishable as a contempt of Your failure to comply withsubparagraphs concern bankruptcy characterization, court and will make you liable to the party on whose behalfand the same explanation as setfor a maximum penalty of $50 and all damages sustained as a this subpoena was issued forth above applies. result of your failure to comply. 24. INCOME TAX: The parties shall file separate income tax returns for tax year ^. Witness, Honorable Court in 25. , one of the Justices of the County, , 20 INCOME TAX: day of Unless their total income tax liability would be less with separate returns, the parties shall file joint income tax returns for tax year ^, and each (Attorney must sign above be entitled to shall be responsible for the portion of any tax liability due, and shall and type name below)any refund, in proportion to the adjusted gross income of each. All amounts of income tax Attorney(s) for withholding and estimated income tax payments made by each party shall be applied to the proportion of the tax liability of such party. The two paragraphs above are optional. Only one version should be included in a particular decree. Tax law considers the parties’ marital status at the end of the tax Office and P.O. Address year. Because decrees now become final for such purposes after 30 days, only parties whose decree is entered in December could be affected by either of these paragraphs. Persons whose decree is entered in any other month will be considered as single at the end of the tax (calendar) year, and would not have any choice except filing as single persons. Telephone No.: 8 Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : 26. Index No. Calendar No. : COSTS AND ATTORNEYS’ FEES: Each party shall pay such party’s own JUDICIAL SUBPOENA Plaintiff(s) final costs, including attorneys’ fees. -against- : If a complete record is to be waived, that language must be included by written : waivers by BOTH parties. That can be done in each party’s pleading or by separate waivers or by inclusion in the property settlement agreement or any combination. Because I designed this form primarily for my own convenience, I have not included the waiver language in the body. You may wish to :add to the paragraph(s) an optional provision: “Complete record was waived by both parties.” Defendant(s) : . . . . . . . . 27. . . . .COSTS .AND. ATTORNEYS’. .FEES:. . The. ^respondent shall pay $^ taxed as ... ....... .... ............. ..... ... costs of this action within ^ days of the entry of this decree. The ^respondent shall pay attorney fees THE STATE OF NEW YORK THE PEOPLE OFfor the benefit of ^petitioner’s attorney of $^, in addition to any temporary allowance for such fees, taxed as additional costs. ^There shall be no interest upon any TO installment paid on or before the due date thereof, but any delinquent installment shall bear interest at ^the judgment rate (see “JUDGMENT” paragraph below) from due date GREETINGS: until paid. If there is YOU, that all business paid or reimbursed laid aside, you and each of you attend before WE COMMANDto be any amount of costs and excuses being by either party after the hearing and which has not been paid in full prior to the hearing, then the decree , the Honorable must set forth a specific and definite amount of costs to be taxed. “One-half of the at the Court located at County of costs” is not a definite amount. I expect counsel to check on the amount of costs and provide a definite of in room , on the day amount, rather than to leave a blank for me toin the particu, 20 , at o'clock fill in, noon, and at any recessed larly regarding cases under advisement. It is quite irritating to get a decree in the or adjourned date,mailtestify and give evidenceandahave no way this action on the part of longto with a blank left for costs as witness in to check the file without a the distance phone call to the clerk. Decrees submitted with a blank after the hearing are likely to be filled in with “zero.” The same requirement for a specific and definite amount applies to attorneys’ fees, except that I will allow a fractional or percentage payment order by specific agreement of the parties. However, the Your failure to comply with this subpoena forpunishable as is contempt of court and will make you liable to fractional or percentage payment order is attorneys’ fees a NOT a judgment and is enforceable only through contempt. party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a the result of your failure to comply. 28. CHILDREN: There are no children of the marriage. The above paragraph be used Witness, Honorable It wouldwouldbe used ifwhen there were never any childrenallthe Justices of the , one of born to the marriage. NOT there have been children born, but are of age, emancipated, deceased, etc. Court in County, day of , 20 29. CHILDREN: There are no children of the marriage whose welfare would be affected by this decree. (Attorney must sign above and type name below) This version would be used when there were children born to the marriage, but all children are of age, emancipated, deceased, etc. 30. CHILDREN: A. Attorney(s) for There is no entry concerning any minor child affected by this action in the Nebraska Child Custody Jurisdiction Act Registry of the Court, and this Court has Office and P.O. Address jurisdiction of the minor child(ren) of the parties to this action, as follows: ^, born on ^. 9 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. 2000 Neb. Laws, L.B. 972, requires a support order to include the : Plaintiff(s) birthdate and social security number for each child. I have dealt with the social security numbers by a later paragraph contemplat-against: ing that the SSN will be on the Appendix “B” attachment. JUDICIAL SUBPOENA B. The ^petitioner is awarded the care, custody and control of the : minor child(ren) of the parties, subject to reasonable rights of reasonable visitation and : correspondence in the ^respondent. Defendant(s) : . . . . . . . . . . . . . . . . . . . . . Use the.above .paragraph. where. the .specific . . . . . . . . . . . . . . . . . . . . . . . . . . . . schedule is not to be included. If the agreement simply says “reasonable” then this paragraph must be used and Appendix “C” would not be used. C. The ^petitioner is awarded the care, custody and control of the THE PEOPLE OF THE STATE OF NEW YORK minor child(ren) of the parties, subject to specific rights of visitation and correspondence TO the ^respondent as set forth in Appendix “C” attached and incorporated by reference. in If the agreement provides for Appendix “C” then the above paragraph should be substituted for the preceding paragraph. My preference, however, is for “reasonable” visitation. I desire to use Appendix “C” mainly where the parents cannot work things out. In other words, Appendix “C” should be the exception, not the rule. GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Appendix “A,” Supplemental Order for Custody, etc., attached is , the Honorable D. at the Court located at County of incorporated into this Decree, and the parties are directed to comply therewith. in room , on the day of , 20 , at o'clock in the noon, and at any recessed The above paragraph is mandatory in all child-custody cases part or adjourned date, to testify and give evidence as a witness in this action on the and of the Appendix “A” must be attached to all decrees. However, in joint custody cases, the phrase should be changed to “Supplemental Order for Joint Custody” and the joint custody version of Appendix “A” should be attached. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to E. the party on whose behalfThe court retains issued for a maximum penalty child(ren), all damages sustained as a this subpoena was jurisdiction over the minor of $50 and ^, but declines resultexercise such jurisdiction during the pendency of juvenile court proceedings now to of your failure to comply. existingWitness, ^County Court of ^ County, Nebraska. The parties of the Justices of the in the Honorable , one are ordered to notify Court court clerk in County, upon the termination, of juvenile court jurisdiction over any such day of 20 the in writing child^ within 10 days after the dismissal of such proceeding or other action terminating juvenile court jurisdiction. (Attorney must sign above and type name below) The above paragraph is used only in those cases where a juvenile case is in existence. I do NOT assign divorce cases to the juvenile court, as juvenile court jurisdiction contemplates terminAttorney(s) for ation of the case prior to majority. However, I do not want to exercise jurisdiction while the juvenile case is pending, as that would waste judicial resources. Thus, the district court retains jurisdiction but will decline to exercise such jurisdiction so long as the juvenile court action remains alive. 31. Office and P.O. Address CHILD SUPPORT: A. The ^respondent is ordered to pay child support to the State Telephone No.: Disbursement Unit, for distribution to the ^petitioner, at the rate of $^ per month when 10 Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : there are three children subject to the order, $^ per month JUDICIAL are two children when there SUBPOENA Plaintiff(s) subject to the order, and $^ per month when there is one child subject to the order. Such -against: payments shall commence on the first day of the month following the date of entry of this : decree, and continue in a like amount on the first day of each month thereafter until each : child reaches majority under Nebraska law, becomes emancipated, becomes self- Defendant(s) : . .supporting,. marries,. or .dies,. or .until. the .further .order. of the Court. .......... ....... .. .... .. ... ... ...... .... .. THE PEOPLE OF THE TO B. This paragraph is carefully designed to contemplate the out-ofchronological-order termination of support. It is preferable to and more accurate than language such as “$X until the oldest child reaches majority ...” The language for termination is specified by STATE OF NEW YORK the child support guidelines and should not be deviated from. The amount of delinquent temporary support of $^ is preserved herein, and ordered paid by the ^respondent forthwith. The above paragraph should always be included where there is unpaid support owing at the time of the decree. Counsel need to check on this prior to the final hearing. This must be obtained from the SDU and is not available from the clerk. GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Delinquent child support installments shall bear simple interest at the , the Honorable C. at the Court located at County of judgment rate (see “JUDGMENT” paragraph below) from thirty (30) days after date of in room , on the day of , 20 , at o'clock in the noon, and at any recessed ordelinquency until testify and give evidence as a witness in this action on the part of the adjourned date, to paid. The above paragraph is required by Supreme Court rule (Uniform District Court rule). The actual judgment rate is handled in the JUDGMENT paragraph below. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to D. the party on whose behalfThe subpoena was issued for a maximum penalty of $50 and all damages sustained as a this child support amount has been determined pursuant to the result of your failure to comply. Nebraska Child Support Guidelines, and the findings of the parties’ incomes and calcula- tions under the guidelines used in determining the amount of, one of the are set of the on support Justices forth Witness, Honorable Court in County, Appendix “B” attached hereto.day of , 20 APPENDIX “B” MUST BE ATTACHED TO ALL DECREES INCLUDING CHILDREN, EVEN IF JOINT CUSTODY WORKS OUT TO NO NET CHILD SUPPORT. Do NOT use the above paragraph ifmust signany (Attorney there is above and type name below) deviation from the guidelines, even if the parties agree to the deviation. The paragraph below should be used for ANY deviation. My Appendix “B” rounds to the nearest dollar; any other “rounding” constitutes a deviation. E. Attorney(s) for Sufficient evidence has been produced to rebut the presumption that the Nebraska Child Support Guidelines should be applied because ^. The findings of the parties’ incomes and calculations under the guidelines, and the deviation therefrom, used Office and P.O. Address in determining the amount of support are set forth on Appendix “B” attached hereto, including Worksheets 1 and 5. 11 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. The above paragraph is used where there is ANY deviation. The : specific reason for the Plaintiff(s) deviation must be specified and EVIDENCE MUST BE ADDUCED at the hearing to support the deviation. -against: “Agreement of the parties,” in and of itself, is not sufficient to support a deviation and smacks of the “unholy bargain.” JUDICIAL SUBPOENA F. : Pursuant to guideline N, the ^respondent shall also be required to : pay child-care expenses of $^ per month to the court clerk for disbursement to ^petition- er. The first installment shall be paid on the first day: of ^ and a like installment on the Defendant(s) ...................................................... first day of each month thereafter until ^. G. Pursuant to guideline N, the ^respondent shall also be required to THE PEOPLE OF THE STATE OF NEW YORK pay ^% of the child-care expenses reasonably and necessarily incurred by the ^petitioner TO to the employment[, or training and/or education necessary to obtain employment or due enhance earning potential,] of the ^petitioner. The ^petitioner shall submit an itemized statement of the hours and charges actually incurred for such employment-related child- GREETINGS: care expenses to the ^respondent within a reasonable time after the conclusion of each WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before calendar month, and the ^respondent shall reimburse the ^petitioner for ^% of such , the Honorable at the Court located at County of amount within 10 days thereafter. In lieu thereof, the ^petitioner may, at h^er option, in room , on the day of , 20 , at o'clock in the noon, and at any recessed orarrange for any child-caregive evidence as asubmit in monthly, itemized billing directly to the adjourned date, to testify and provider(s) to witness a this action on the part of the ^respondent showing the employment-related hours and charges for child-care services, such that the ^respondentwith thismake payment of ^% thereof directly to the child-care liable to Your failure to comply shall subpoena is punishable as a contempt of court and will make you the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a provider within 10 comply. result of your failure to days after each such billing. Witness, Court in 32. The above two paragraphs are optional and different language may be appropriate depending upon the particular circumHonorable one of stances. The bracketed language in the first sentence , is not automatic and may only apply under specific circumstances. The County, day of , 20 first alternative contemplates fixed payments through the court clerk and the second alternative contemplates fluctuating payments directly to the custodial parent or care provider. the Justices of the SOCIAL SECURITY NUMBERS: The social securityand type name below) the (Attorney must sign above numbers of parties and all minor children are set forth on Appendix “B” attached. 2000 Neb. Laws, L.B. 972, requires a support order to include the social security Attorney(s) for number for each child and for the parties. I have recently revised Appendix “B” to provide that the SSNs appear there. When I post a decree decision to the Internet in a contested case, the SSNs on Appendix “B” (as well as the remainder of Appendix “B”) is not posted. 33. WITHHOLDING & ENFORCEMENT (MANDATORY): Office and P.O. Address 12 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. The income of the party obligated: to pay support shall be subject to JUDICIAL SUBPOENA Plaintiff(s) income withholding, which shall be implemented pursuant to the Income Withholding for -against: A. Child Support Act. B. : In the event that such party fails to pay any child, medical, or : spousal support payments, as such failure is certified each month by the State Disburse- Defendant(s) : . .ment . Unit,. in .cases .where. . . . . . . . . . . . . . .support .is . delinquent in an amount equal to the . . . . . . . . . . . . . . . . . . . . court-ordered . . . . . . . . . . . support due and payable for a one-month period of time, such party may be required to appear before this Court OF NEW YORK THE PEOPLE OF THE STATEon a date to be determined by the Court and show cause why such payment was not made. In the event such party fails to pay and appear as so TO ordered, a warrant shall be issued for such party’s arrest. The above paragraph and subparagraphs are mandatory unless deferred withholding can be justified (see below). GREETINGS: 34. WITHHOLDING & ENFORCEMENT (DEFERRED): WE COMMAND YOU, that all business and excuses being laid aside, you shall notof you attend before A. The income of the party obligated to pay support and each be initially , the Honorable at the Court located at County of to income withholding, because ^[such party has demonstrated good cause not to subject in room , on the day of , 20 , at o'clock in the noon, and at any recessed orrequire immediate income withholding a witness in^.] ^[the parties have entered into a adjourned date, to testify and give evidence as because this action on the part of the written agreement providing an acceptable alternative arrangement consisting of ^, which is incorporated herein.] Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalfIn the event was issued for a maximum to pay of $50 and all damages sustained as a this subpoena that such party fails penalty any child, medical, or B. result of your failure to comply. spousal support payments, as such failure is certified each month by the State Disburse- Witness, Honorable , one amount equal to ment Unit, in cases where court-ordered support is delinquent in anof the Justices of the the Court in County, day of , 20 support due and payable for a one-month period of time, such party shall be subject to income withholding, which shall be implemented pursuant to the Income Withholding for (Attorney must sign above and type name below) Child Support Act, and may be required to appear before this Court on a date to be determined by the Court and show cause why such payment was not made. In the event Attorney(s) for such party fails to pay and appear as so ordered, a warrant shall be issued for such party’s arrest. As the language indicates, the “deferred” alternative has very limited application. The first is “demonstration of good cause.” I Office and P.O. Address have not yet seen a sufficient demonstration of good cause. Employers have had sufficient time to learn to live with withholding. The statute, by its definitions, clearly contemplates that withholding will be ordered for self-employed persons. Good cause, in this instance, has a high bar that Telephone No.: is unlikely to be met. 13 Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. Feel free to try, but be prepared to fail. The second alternative is : Plaintiff(s) agreement of the parties WITH an acceptable alternative arrangement. Agreement alone is not sufficient. An acceptable arrange-againstment does NOT include the mere promise that:the payer will pay directly to the clerk. It must be some arrangement that provides the substantially the same degree of certainty as withholding. For : example, automatic withdrawals from an established bank account secured by a letter of credit from the bank might be sufficient. : JUDICIAL SUBPOENA 35. INCOME TAX EXEMPTION: Defendant(s) : ...................................................... A. The ^respondent, if such party pays child support as ordered herein, shall be entitled to claim the minor child(ren) for dependency exemption purposes for THE PEOPLE OF THE STATEtaxes. federal and state income OF NEW YORK I have split the former long paragraph into the above subparagraphs for clarity. TO The above paragraph is designed for all deductions to go to the same party and will have to be modified for splitting deductions. GREETINGS: B. The ^petitioner is ordered to sign a written relinquishment of the ^petitioner’s claim to the dependency exemption separately for each child each of you attend before WE COMMAND YOU, that all business and excuses being laid aside, you and for each year , the Honorable following the date of the decree until the obligation of support for such child at the Court including and located at County of interminates. The ^petitioner isof room , on the day ordered to ,deliver ,such relinquishment to the ^respondentrecessed 20 at o'clock in the noon, and at any or adjourned date, to testify and give evidence as a witness in this action on the part of the for the next preceding calendar year on or before January 31 of each year, but only if all child support payments due are paid as the end of such preceding calendar year. The language requiring the custodian to sign a written relinYour failure to comply with this subpoena is punishable asthe contempt of court and will make you liable to the party on whose behalfquishment is mandatory, and for a maximum penalty of $50 and all damages sustained as a this subpoena was issued decrees purporting to award an exemption but omitting the written relinquishment language are result of your failure to comply. not sufficient. C. The ^respondent is ordered not to claim any dependency exemption D. The Court retains jurisdiction (Attorney must such orders name may be to enter sign above and type as below) Witness, Honorable , one of the Justices of the at any such party has of paid all child support payments which have become Court in time whenCounty, day not , 20 due. necessary, including contempt proceedings or modification of support, in the event a party claims a dependency exemption at a time when the party has not paid all accrued Attorney(s) for child support payments or when this order requires the party to relinquish such exemption. Office and P.O. Address The last sentence has been modified to make it clear that sanctions may follow either for cla iming an exemption when child support is unpaid by that party or by claiming an exemption that the decree allocates to the other party. 14 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : 36. HEALTH INSURANCE:Plaintiff(s) A. Calendar No. : JUDICIAL SUBPOENA There is no health insurance for : the minor child(ren) provided or -against- available through the employment of either party. Within 30 days of the entry of this : decree, the custodial parent shall file an affidavit, supported by oath or affirmation, that : the custodial parent has obtained or officially applied for insurance coverage for each Defendant(s) : . .minor .child .through. the .Kids .Connection .program. . . . . . . ..... .... ...... ... .... .......... ........ THE PEOPLE OF THE TO B. Either the above paragraph or one of the following two paragraphs is mandatory in all decrees with minor children. If there is no insurance available through employment and the parties do STATE OF NEW YORK not desire to include an agreement for insurance, there should at least be a finding that there is no insurance provided to either party through employment and insurance obtained or application made through Kids Connection. The ^respondent shall maintain the existing or equivalent health insurance coverage on each minor child until the obligation of support terminates as GREETINGS: above set forth. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before The above version should be used when the obligation to provide , the Honorable at the Court insurance is absolute and not conditioned upon insurance being provided located employment. through at County of in room , on day of , provide health insurance coverageand ateach , at o'clock in the noon, on any recessed C. theThe ^respondent shall20 or adjourned date, to testify and give evidence as a witness in this action on the part of the minor child until the obligation of support terminates as above set forth, so long as such coverage is provided through such party’s employment. Your failure to comply with this subpoena is punishable as a is conditioned court and will make you liable to The above version is used when the obligation contempt of the party on whose behalfupon insurance being provided for a maximum penalty of $50 and all damages sustained as a this subpoena was issued through employment. result of your failure to comply. The paragraph which fol lows pertains to Guideline O as recently amended. Witness, Honorable , one of the Justices of the D. Any reasonable and necessary health care expenses incurred for a Court in County, day of , 20 minor child for whom the obligation of support has not terminated and which are not reimbursed by insurance shall be paid as follows: (Attorney must sign above and type name below) (1) The custodial parent shall pay all such expenses included in the first $1,200.00 of unreimbursed health care expenses for the family unit (“family unit” Attorney(s) for comprises custodial parent and all minor children residing with custodial parent) for each calendar year. (2) After satisfaction of the paragraph Address Office and P.O. (1) requirement, the amount of any such expenses shall be paid ^% by the petitioner and ^% by the respondent. 15 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : (3) Index No. Calendar No. : Notwithstanding paragraphs (1) JUDICIAL SUBPOENA and (2) above, if any such Plaintiff(s) expenses are not reimbursed because of the negligent or intentional failure of a party to -against: provide required insurance, the party failing to provide: insurance shall be responsible to pay the portion of such expenses that would have been paid by the required insurance. : E. The health insurance policy information necessary to comply with the Defendant(s) : . .reporting . requirement . hereinafter .set. .forth .shall .include, at a minimum, the following: (1) ........ ........... .......... .. .... .... ...... insurance company name and address; (2) policy number (for group policy, both group number and individual identifying number); THE PEOPLE OF THE STATE OF NEW YORK (3) policy holder name (for group policy, both group name and individual name); (4) policy holder’s social security number; and, (5) TO name, address, and telephone number of any person or entity (such as an employer) with which claims are to be filed or reported. GREETINGS: The above language has been fine-tuned to shorten the paragraph, but the content remains the same. This paragraph is mandatory when COMMAND YOU, that all either party is excuses being laid insurance business and required to provide aside, you under the decree. WE and each of you attend before , the Honorable at the Court F. If the located at parent files a written request with the Clerk, the custodial County of in room on the day of , 20 , o'clock in the noon, party required , to provide insurance shall file with at Court and serve upon theand at any recessed the custodial or adjourned date, to testify and give evidence as a witness in this action on the part of the parent, at least annually, a certificate of the insurance company documenting that the required health insurance is currently in effect. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to The above paragraph is optional. the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a G. The result of your failure to comply.party required to provide insurance shall fully cooperate with any health care provider to facilitate availability of prompt medical care, attention, and Witness, Honorable treatment to any minor child of the parties. Court in County, day of , one of the Justices of the , 20 The above paragraph is optional. 37. REPORTS: BOTH PARTIES shall be required to furnish the Clerk of the (Attorney must sign above and type name below) District Court for this county, in writing, with such party’s address (including specific street address or other physical location, in addition to mailing address), telephone Attorney(s) for number, and social security number, the name and address of such party’s employer, whether or not such person has access to employer-related health insurance coverage and, if so, the health insurance policy information,Office anyP.O. Address and and other information that the Court shall deem relevant until any judgment for alimony, child support, property settlement, attorneys fees, and/or costs, herein made areTelephone No.:Each party shall also be paid in full. 16 Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : required to advise the Clerk of any changes in such information between SUBPOENA JUDICIAL the time of entry Plaintiff(s) of this Decree and payment of the judgment in full, within ten (10) days after the effective -against: date of such change. Failure to comply with the provisions of this section shall be : punishable by contempt. : The above paragraph is mandatory and I specifically require that the language apply to BOTH parties, not just the payer. Defendant(s) : . . . . . . . . 38. . . . .DOCUMENTATION:. . Each .party. . . .ordered to execute and deliver to the ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . is . . . . other party such documents as will be necessary to transfer all of the interest of the party not receiving the property to the THE PEOPLE OF THE STATE OF NEW YORKparty who shall receive the particular property under this Decree. In the event that any party fails to execute and deliver such docuTO ments within thirty (30) days of this Decree, this Decree shall have the effect of a conveyance and/or release under NEB. REV. STAT. § 25-1304, as amended, with the GREETINGS: same effect as though the appropriate documents of conveyance or release had been WE COMMAND YOU, that all business this Decree. executed and delivered in conformity with and excuses being laid aside, you and each of you attend before , the Honorable at the Court The above paragraph is mandatory when prope rty is to be translocated at County of ferred by the decree, but is otherwise optional. in room , on the day of , 20 , at o'clock in the noon, and at any recessed 39. or adjourned date,JUDGMENT: evidence as a witness in this action on the part of the to testify and give A. Judgment is hereby entered against ^respondent and in favor of ^petitioner failure to comply with this subpoena is ^alimony, as a contemptsettlement, will make you liable to Your for ^child support, ^child care, punishable ^property of court and ^attorneys’ the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a fees, and ^costs as above set forth. result of your failure to comply. B. The judgment rate applicable as of the date of entry of this decree Witness, Honorable is ^% per annum. Court in County, , one of the Justices of the day of , 20 The above paragraph is mandatory when there is any monetary judgment to be entered. It is primarily for the benefit of the clerk. Any item for which there is no monetary judgment should be (Attorney must sign above and type name below) deleted. “Child care” only applies to fixed amounts paid through the clerk, and not to percentage amounts paid to the custodial parent or care provider. Attorney(s) for In-kind division of property is not a monetary judgment for “prop erty settlement.” There is “property settlement” only when either party is required to pay money to the other party (which must be done through the clerk). Office and P.O. Address The “attorney fee” item should only be left in when either party is being required to pay a specific definite amount of attorney fees for the benefit of the other party’s attorney, and has not already been paid. The specific definite amount of the judgment must be Telephone No.: set forth in the appropriate paragraph above, i.e. “one-half of the 17 Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. petitioner’s attorney fees” is not a definite : amount. While a Plaintiff(s) fractional or percentage order for attorney fees is allowed, it is NOT a judgment and is enforced only by contempt. JUDICIAL SUBPOENA -against- : There is only a judgment for costs if there remain costs to be paid or reimbursed by either party. Fractional or percentage orders as : to costs are not allowed. 40. NAME CHANGE: Pursuant to NEB. REV:. STAT. § 42-380 and the request of such party, the name of the ^petitioner is hereby changed from ^, such party’s former Defendant(s) : ...................................................... name, to ^, the name of such party after entry of this decree. The change of name shall be effective as of the date of entry of this decree. THE PEOPLE OF THE STATE OF NEW YORKcompletely, e.g., Georgia Jane Smith. Use the party’s full name spelled out Because this provision changes the person’s name, you should be careful to specify the name precisely as that person wishes the legal name to result. Although the most common net effect is to change only the person’s last (family) name, there are other possibilities, and the decree should be specific and complete as to the precise name(s) being restored. TO IT IS THEREFORE ORDERED that the parties to this action shall fully comply GREETINGS: with the above findings and orders. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Signed ^in chambers at ^, Nebraska, on ^. , the Honorable at the Court DEEMED ENTERED as of date of filing by court clerk. located at County of [THIS in room , on the day of , 20 , at BY THE COURT: o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the SPACE SHOULD BE Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to LEFT the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. BLANK ____________________________ FOR CLERK’S INSTRUCTIONS STAMP] Witness, Honorable Court in County, day of William B. Cassel , one District Judge of the Justices of the , 20 In the signature block, the words “in chambers” would only be left in if you expect me to be signing the decree in a different county from that where is the case is (Attorney must sign above to type pending. If you are bringing a proposed decree that you confidently expectand be name below) signed at the close of the hearing (stipulated, no unusual features), it should probably read “Signed at [City name] on __________________.” Attorney(s) for Office and P.O. Address 18 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com