SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS
Index No. 1382/2019
Date Summons filed: 3/07/19
Plaintiff designates Queens County as the place of trial
The basis of venue is: Plaintiff’ ‘s Residence
SUMMONS WITH NOTICE
Plaintiff resides at:
7556 Grand Central Parkway
Apt. 1
Forest Hills, NY 11375
ALMIRA KHAKIMOV A,
Plaintiff,
-against-
DANIEL MIZRAHI,
Defendant
To the above named Defendant:
YOU ARE HEREBY SUMMONED to serve a notice of appearance on Plaintiff’s Attorney(s) within twenty (20) days after the service of this summons, exclusive of the day of service (or within thirty (30)) days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear, judgment will be taken against you by default for the relief demanded in the notice set forth below.
Dated: March 7, 2019 l
ABRA.MS LAW GROUP, P.C.
By: Melanie Abrams, Esq.
Attorneys for Plaintiff:
ALMIRA KHAKIMOVA
104-70 Queens Blvd.,
Suite 502
Forest Hills, NY 11375
Tel: (718) 997-9797
NOTICE: The nature of this action is to dissolve the marriage between the parties, on the grounds: **DRL
§170 Sub. 7- IRRETRIEVABLE BREAKDOWN IN RELATIONSHIP
The relief sought is a judgment of absolute divorce in favor of the Plaintiff dissolving the marriage between the parties in this action.
The nature of any ancillary or additional relief requested (see p.14 of Instructions) is: NONE
Additional page describing ancillary relief requested is attached;
Marital property to be distributed pursuant to separation agreement/stipulation;
X I waive distribution of Marital property;
For divorces commenced on or after 1/25/2016 only: (X) I am not seeking maintenance as payee as described in the Notice of Guideline Maintenance (the ‘Notice’)
(X) NONE—I am not requesting any ancillary relief;
AND any other relief the court deems fit and proper
**Read PP- 3-5 of Instructions and insert the grounds for the divorce:
DRL § 170(1)—cruel and inhuman treatment
DRL § 170(2)—abandonment DRL § 170(3)—confinement in prison
DRL § 170(4)- adultery
DRL § 170(5)—living apart one year after separation decree or judgment of separation
DRL § 170(6)—living apart one year after execution of a separation agreement
DRL § 170(7)—irretrievable breakdown in relationship
NOTICE OF ENTRY OF AUTOMATIC ORDERS (D.R.L. 236) Rev. 1/13 FAILURE TO COMPLY WITH THESE ORDERS MAY BE DEEMED A CONTEMPT OF COURT
PURSUANT TO the Uniform Rules of the Trial Courts, and DOMESTIC RELATIONS LAW
§ 236, Part B, Section 2, both you and your spouse (the parties) are bound by the following AUTOMATIC ORDERS, which have been entered against you and your spouse in your divorce action pursuant to 22 NYCRR §202.16(a), and which shall remain in full force and effect during the pendency of the action unless terminated, modified or amended by further order of the court or upon written agreement between the parties:
(1) ORDERED: Neither party shall transfer, encumber, assign, remove, withdraw or in any way dispose of, without the consent of the other party in writing, or by order of the court, any property (including, but not limited to, real estate, personal property, cash accounts, stocks, mutual funds, bank accounts, cars and boats) individually or jointly held by the parties, except in the usual course of business, for customary and usual household expenses or for reasonable attorney’s fees in connection with this action.
(2) ORDERED: Neither party shall transfer, encumber, assign, remove, withdraw or in any way dispose of any tax deferred funds, stocks or other assets
held in any individual retirement accounts, 401K accounts, profit sharing plans, Keogh accounts, or any other pension or retirement account, and the parties shall further refrain from applying for or requesting the payment of retirement benefits or annuity payments of any kind, without the consent of the other party in writing, or upon further order of the court; except that any party who is already in pay status may continue to receive such payments thereunder.
(3) ORDERED: Neither party shall incur unreasonable debts hereafter, including, but not limited to further borrowing against any credit line secured by the family residence, further encumbrancing any assets, or unreasonably using credit cards or cash advances against credit cards, except in the usual course of business or for customary or usual household expenses, or for reasonable attorney’s fees in connection with this action.
(4) ORDERED: Neither party shall cause the other party or the children of the marriage to be removed from any existing medical, hospital and dental insurance coverage, and each, and each party shall maintain the existing medical, hospital and dental insurance coverage in full force and effect.
(5) ORDERED: Neither party shall change the beneficiaries of any existing life insurance policies and each party shall maintain the existing life insurance, automobile insurance, homeowners and renters insurance policies in full force and effect.
IMPORTANT NOTE: After service of the Summons with Notice or Summons and Complaint for divorce, if you or your spouse wishes to modify or dissolve the automatic orders, you must ask the court for approval to do so, or enter into a written modification agreement with your spouse duly signed and acknowledged before a notary public.
Notice of Guideline Maintenance
If your divorce was commenced on or after January 25, 2016, this Notice is required to be given to you by the Supreme Court of the county where your divorce was filed to comply with the Maintenance Guidelines Law ([S. 5678/A. 7645], Chapter 269, Laws of 2015) because you may not have counsel in this action to advise you. It does not mean that your spouse (the person you are married to) is seeking or offering an award of ‘Maintenance’ in this action. ‘Maintenance’ means the amount to be paid to the other spouse for support after the divorce is final.
You are hereby given notice that under the Maintenance Guidelines Law (Chapter 269, Laws of 2015), there is an obligation to award the guideline amount of maintenance on income up to
$184,000 to be paid by the party with the higher income (the maintenance payor) to the party with the lower income (the maintenance payee) according to a formula, unless the parties agree otherwise or waive this right. Depending on the incomes of the parties, the obligation might fall on either the Plaintiff or Defendant in the action.
There are two formulas to determine the amount of the obligation. If you and your spouse have no children, the higher formula will apply. If there are children of the marriage, the lower formula will apply, but only if the maintenance payor is paying child support to the other spouse who has the children as the custodial parent. Otherwise the higher formula will apply.
Lower Formula
1 -Multiply Maintenance Payer’s Income by 20%.
2- Multiply Maintenance Payee’s Income by 25%. Subtract Line 2 from Line 1: = Result 1
Subtract Maintenance Payee’s Income from 40 % of Combined Income*= Result 2.
Enter the lower of Result 2 or Result 1, but if less than or equal to zero, enter zero.
THIS IS THE CALCULATED GUIDELINE AMOUNT OF MAINTENANCE WITH THE LOWER FORMULA
Higher Formula
1-Multiply Maintenance Payer’s Income by 30%
2-Multiply Maintenance Payee’s Income by 20% Subtract Line 2 from Line 1= Result 1
Subtract Maintenance Payee’s Income from 40 % of Combined Income*= Result 2
Enter the lower of Result 2 or Result 1, but if less than or equal to zero, enter zero
THIS IS THE CALCULATED GUIDELINE AMOUNT OF MAINTENANCE WITH THE HIGHER FORMULA
*Combined Income equals Maintenance Payor’s Income up to $184,000 plus Maintenance Payee’s Income
Note: The Court will determine how long maintenance will be paid in accordance with the statute.
(Rev. 1/31/18)
NOTICE CONCERNING CONTINUATION OF
HEALTH CARE COVERAGE
(Required by section 255(1) of the Domestic Relations Law)
PLEASE TAKE NOTICE that once a judgment of divorce is signed in this action, both you and your spouse may or may not continue to be eligible for coverage under each other’s health insurance plan, depending on the terms of the plan.
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS
ALMIRA KHAKIMOVA,
Index No.: 1382/2019
Plaintiff,
-against-
DANIEL MIZRAHI,
Defendant.
FIRST:
Plaintiff, by his attorney, Melanie Abrams, Esq., complaining of the Defendant, alleges that the parties are over the age of 18 years.
SECOND:
The Plaintiff has resided in New York State for a continuous period of at least two years immediately preceding the commencement of this divorce action.
THIRD:
The Plaintiff and the Defendant were married on January 28, 2011, in County of Queens,
City and State of New York.
The marriage was not performed by a clergyman, minister or by a leader of the Society for Ethical Culture.
FOURTH:
There are no children of the marriage.
The Plaintiff resides at 7556 Grand Central Parkway, Apt. 1, Forest Hills, NY 11375. The Defendant resides at 43 Sherwood Lane, Roslyn Heights, NY 11577.
No health plans are available to the parties through their employment.
FIFTH:
The grounds for divorce that are alleged as follows: Irretrievable Breakdown in
relationship for at least Six Months (DRL 170(7)): that the relationship between Plaintiff and Defendant has broken down irretrievably for a period of at least six months.
SIXTH:
There is no judgment in any court fo a divorce or annulment and no other matrimonial
action between the parties pending in this court or in any other court of competent jurisdiction.
WHEREFORE, Plaintiff demands judgment against the Defendant as follows: A judgment dissolving the marriage between the parties.
Dated: April 4, 2019
Queens County, New York
ABRAMS LAW GROUP, P.C.
By: Melanie Abrams, Esq. Attorney for Plaintiff: ALMIRA KHAKIMOVA
104-70 Queens Blvd., Ste. 502 Forest Hills, NY 11375
Tel: (718) 997-9797
VERIFICATION BY PLAINTIFF
STATE OF NEW YORK) COUNTY OF QUEENS)
ss:
I, ALMIRA KHAKIMOV A am the Plaintiff in the within action for a divorce.
I have read the foregoing complaint and know the contents thereof. The cont nts are true to my own knowledge except as to matters therein stated to be alleged upon information and belief, and as to those matters I believe them to be true.
Almira Khakimova
Subscribed and Sworn to
Before me on 4 day April, 2019
Notary Republic
RT # 151866
1X 9/13/2019 #151866
