COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : : FIRST JUDICIAL DISTRICT COURT STATE OF NEW MEXICO Plaintiff(s) COUNTY OF -against- Calendar No. JUDICIAL SUBPOENA : Case No.: : : , Defendant(s) : . .Petitioner,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... -vs.THE PEOPLE OF THE STATE OF NEW YORK , Respondent. TO INTERIM MONTHLY INCOME AND EXPENSES STATEMENT GREETINGS: (fixed percentage for child expenses) WE EW MEXICO ) STATE OF NCOMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court ) ss. located at County of OF COUNTY ) in room , on the day of , 20 , at 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 I, , the Petitioner / Respondent, state under penalty of perjury that the following is true and correct at this time: Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to Husband Wife Combined the party on whose behalf this subpoena was issued for a maximum penalty of $50 and2all damages sustained as a Column 1 Column Column 3 result of your failure to comply. Gross monthly income2 a. Gross monthly Witness, Honorable wages Court in b. County, day of Rental income c. Self-employment income d. Dividends and interest e. Other income 2. Total gross monthly income 3. Payroll deductions3 a. Federal withholding b. State withholding c. Estimated tax payments d. FICA 1. , 20 $ $ $ , one of the Justices of the $ $ $ $ $ $ $ $ $ (Attorney must sign above and type name below) $ $ $ $ $ $ Attorney(s) for $ $ $ $ Office and P.O. Address $ $ $ $ $ $ $ $ Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Medicare Plaintiff(s) Health insurance -againstLife and disability insurance Union dues Mandatory retirement $ $ $ $ $ j. . e. f. g. h. i. Other ____________ Calendar No. : $ $ JUDICIAL SUBPOENA $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ : : : Defendant(s) : . .4.. . . . . Total payroll. deductions. . . . . . . . . . . . . . . . . . . . . . . . . . ........... ......... 5. (add items in #3) Net monthly income THE PEOPLE OF THE STATE OF NEW YORK (subtract Line 4 from Line 2) 6. 4 Monthly fixed expenses a. Residence5 $ $ $ 6 b. Utilities $ $ $ c. $ $ $ GREETINGS: Car payments d. Insurance premiums $ $ $ WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before $ $ , the Honorable (1) Car or other vehicle at the Court $ 7 located at (2) Life $ $ $ County of in room the , 20 , at $ o'clock in the noon, and at any recessed (3), onHealth7 day of $ $ or adjourned date, to testify and give8evidence as a witness in this action on the part of the (4) Homeowners or renters $ $ $ (5) Other $ $ $ 9 e. Day care 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 this subpoena was issued for a maximum penalty of $50 and all damages sustained as a f. Credit card payments10 $ $ $ result of your failure to comply. g. Loan payments $ $ $ 11 h. Child support $ $ $ Witness, Honorable payments , one of the Justices of the Court in i. County, day of , 20 Medical $ $ $ j. Other $ $ $ 7. Total monthly expenses TO (Attorney must sign above and type name below) $ $ $ 8. (add items in #6 and #7)12 Net spendable income (Line 5 minus Line 7) One-half of combined net spendable income $ $ 9. (½ of Line 8, Column 3)13 Amount transferred and received14 Child support adjustment15 (see table, Use Note 15 below) Total to be transferred16 $ $ $ $ 10. 11. 12. Attorney(s) for $ Office and P.O. Address $ $ $ Telephone No.:$ Facsimile No.: E-Mail Address: Mobile Tel. No.: 2 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : : Plaintiff(s) -against- Calendar No. JUDICIAL SUBPOENA : Petitioner/Respondent : Subscribed to and sworn to before me this day of . , 2001 by : Defendant(s) : ...................................................... Notary Public My commission expires: THE PEOPLE OF THE STATE OF NEW YORK TO GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of in room , on the day of , 20 , at 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 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 this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Witness, Honorable Court in County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: 3 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : 1. Index No. Calendar No. : Use Notes* JUDICIAL SUBPOENA This form is to be used with an Interim Order Allocating Income and -against: Expenses, Domestic Relations Form 4A-123 NMRA. Unless, upon motion of a party, the Court orders the division of separate income and expenses, only community income and expenses should :be included on this form. In minimal or negative income cases, the Court will have discretion to fashion an : appropriate order. Plaintiff(s) Defendant(s) : . .2.. . . . . . . . . . . . . . . “Gross .monthly income”. is. income. from.all sources except child support . ...... .............. . ...... .... received from a prior court order. For self-employed individuals, gross monthly income means gross receipts less reasonable and ordinary business expenses. For varying income and expenses, use the average of the last three THE PEOPLE OF THE STATE OF NEW YORK (3) months’ income and expenses. Gross monthly income is to be computed by using one of the following: TO hourly wage x average hours worked per week x 52 divided by 12; weekly wage x 52 divided by 12; every two weeks wage x 26 divided by 12; twice monthly x 2. For varying wages, use the average of the last three months’ GREETINGS: income. WE COMMAND YOU, that allpayroll deductions for taxes, Social Security, healthyou attend before 3. “Deductions” are business and excuses being laid aside, you and each of , the Honorable at the Court insurance, union dues, retirement and other employer-related deductions. located at County of Payroll deductions are to be computed on a monthly basis as described in Use in room , on the , 20 , at o'clock in the noon, and at any recessed Note 2. day of or adjourned date, to testify and give evidence as a witness in this action on the part of the 4. “Monthly fixed expenses” include periodic expenses even though paid quarterly, semi-annually or yearly. Fixed expenses are to be computed on a Your failure monthly basis by using one of punishable as a contempt income and will make you liable to to comply with this subpoena is the following: annual of court or expenses the party on whose behalf this by 12. For varying expenses, use the average $50 and all three months’ divided subpoena was issued for a maximum penalty of of the last damages sustained as a result of your failure to comply. expenses. receipts or Witness, Honorable , one of If a party receives Residence fixed expense is mortgage or rent actually paid.the Justices of the Court in County, , 20 free rent, e.g.,day of by living with parents, that party’s rent is imputed as zero. If 5. residence expense is a mortgage payment for the residence of a party, unless already separately stated, include insurance and taxes. (Attorney must sign above and type name below) 6. Include monthly average payments for gas, electricity, water, sewer, refuse and basic telephone bill, if not paid as part of rent. Use average for last 12 months if known. Attorney(s) for 7. Do not include medical, dental, liability, life or other insurance which is deducted by payroll deduction. 8. Do not include homeowners insurance premiums if the premium is included as part of the residence expense, Line 6(a). 9. Telephone and Day-care fixed expense is work-related day care No.: does not include baby Facsimile No.: sitting or occasional day care. Office and P.O. Address E-Mail Address: Mobile Tel. No.: 4 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : 10. Calendar No. : “Credit card payments” is listed as a fixed expense and includes only the JUDICIAL SUBPOENA Plaintiff(s) minimum monthly payment as of the date of the filing of the Petition. -against- 11. Index No. : Any regular monthly payment ordered by a prior order of child support or alimony which is actually paid is a fixed :expense. : 12. Line 8, “Net spendable income” and “combined net spendable income” are determined by subtracting Line 7, “total monthly fixed expenses,” from Line Defendant(s) : . . . . . . . . . . . . . . . . . . 5,. “net monthly. income.” . . . . . . . . . . . . . . . ........... ........ Negative combined net spendable income: If the “combined net spendable income” (Line 8, Column 3) is a negative number, and there are no children, adjust the allocations of income or expenses between the parties, or transfer an THE PEOPLE OF THE STATE OF NEW YORK amount from one party to another so that the amount of net spendable income for “Husband” and “Wife” on Line 9 is equal. Do not complete Lines 10, 11 TO and 12. If Line 8, Column 3 has a negative or minimal “combined net spendable income,” and there are children, the Court will need to fashion an appropriate GREETINGS: form to divide interim income and expenses of the parties. WE Line 9, Equalizing spendable income. excuses spendableaside, you on Line 8, Column before COMMAND YOU, that all business and If “net being laid income” and each of you attend 13. , the Honorable3 is a positive number, divided “combined net spendable income” by two and enter at the Court located at County of the result in each column of Line 9. in room , on the day of , 20 , at 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 14. Line 10, Amount transferred and received. The party with the larger net spendable income will transfer an equalizing amount to the party with the smaller net spendable income. To determine the amount of the transfer or receipt, subtract Line 9 (one-half Your failure to complyspendable income)is punishable as a contempt of court and will make you liable to of combined net with this subpoena from Line 8, “net spendable income” and enter the party on whose behalf on Line 10. This is the amount to be transferred by the party damages sustained as a the amount this subpoena was issued for a maximum penalty of $50 and all with the result of your larger to comply. failure net spendable income to the party with the lower net spendable income. For example, if the Husband has a net spendable income of $1,000.00 per month and the Witness, Honorable spendable income of $500.00 per month, divide of the Justices of the , one the total ($1,500.00) Wife has a net Court in day of , 20 by two. County,the Husband has the larger net spendable income, enter the result Since ($750.00) on Line 8,** under Column 1. To determine the amount Husband transfers, subtract Line 9 of Column 1 from Line 8 of Column 1 ($1,000.00 minus $750.00 = $250.00) and this amount ($250.00) will be transferred and type name below) (Attorney must sign above each month by the Husband to the Wife. 15. Line 11, Children. If Line 8, Column 3 is a positive number, an adjustment for child Attorney(s) for support is made by multiplying the amount on Line 8, Column 3 (“combined net spendable income”) by the applicable percentage in the table below and enter the amount in the party column of the party with primary custody of the child or children. Do not count children who are covered by a prior child support order. Office and P.O. Address One child 10% Two children 15% Three children 19% Telephone No.: Four children 22% Facsimile No.: Five children 25% E-Mail Address: Six children 28% Mobile Tel. No.: 5 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : If more than six children, add 3% for each additional child. For example, if the JUDICIAL SUBPOENA Plaintiff(s) combined “net spendable income” of husband and wife (Line 8, Column 3 is -against$1,500.00) and there is one child, multiply Line : Column 3 ($1,500.00) by 10% and 8, enter the result ($150.00) on Line 11 in the Husband and Wife columns. : 16. Line 12, Total amount transferred. Line 11 is used to adjust the amount to be : transferred by a party or received by a party on Line 10 by the parties. Using the example in Use Notes 14 andDefendant(s) is one child and the combined net spendable 15, if there : . . . . . . . . . . . .income . . .the. parties. is. $1,500.00,. an .adjustment of 10% of $1,500.00 ($150.00) is . . . . . . of . . . . . . . . . . . . . . . . . . . . . . . . . . . . made for child support. If the wife has primary custody, she will receive another $150.00. If the husband has primary custody, subtract $150.00 from the amount the wife is to receive on NEW YORK THE PEOPLE OF THE STATE OF Line 10. Using the example in Use Notes 14 and 15, if the wife has primary custody, the Husband will transfer $400.00 to the Wife. If the Husband has primary custody, the Husband will transfer $100.00 to the Wife. TO *Provisional Approval of Domestic Relations Rules, New Mexico Bar Bulletin, Vol. 39, No. 42, October 19, 2000. These rules are set out as printed. GREETINGS: **This may be a typographical error. Try entering the result on Line 9. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of in room , on the day of , 20 , at 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 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 this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Witness, Honorable Court in County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: 6 American LegalNet, Inc. www.USCourtForms.com