Questions to establish a prima facie economic case - Direct Examination of Client – General Questions

        This section contains general questions from Chapter 12 of the New York Matrimonial Trial Handbook to establish a prima facie economic case. These questions should be supplemented to suit your particular case, with the more specific questions  dealing with maintenance, child support, exclusive occupancy, counsel and expert fees,  and property distribution. Click on this link to see a list of the questions dealing with maintenance, child support, exclusive occupancy, counsel and expert fees,  and property distribution which appears in the New York Matrimonial Trial Handbook. 

          Authors note:  Several of the questions that follow contain words or phrases in brackets or parenthesis. Several of the questions contain parenthesis or brackets separating the parts of the question or the person to whom a question may apply (i.e., [Plaintiff] [Defendant]). There are also questions written as singular and plural questions, (i.e., child (ren)) and (If yes) and (If no) questions which refer to whether the previous question was answered in the affirmative or negative.  All or part of a question may or may not be applicable in your case. If so, counsel should use the portion(s) of the question that is (are) applicable in the particular case, rather than ask the question as written. In many instances, it may be necessary to repeat portions of a question or series of questions several times, each time using a different part of the question, or series of questions. If the client has personal knowledge of his or her spouses’ circumstances the same questions which the client is asked about himself or herself may be asked with regard to the clients’ spouse. Many of the same questions may be asked of the client’s spouse on cross-examination, or on direct examination if you call the spouse as a witness on your direct case.
 
           Many of the answers to the following questions can be corroborated by offering documents into evidence. Many of the questions ask the witness about the existence of documents. If counsel wants to question the witness with regard to the documents counsel must ask the witness to produce the document, mark the document for identification and offer the document into evidence before asking questions with regard to the document.
In such case the following questions should be asked.
 
(By Counsel)

Q. Do you have any documents to corroborate your testimony?
Q. Would you please identify the document [documents] you have?
Q. Will you please produce the document which you just identified?
 
(By Counsel)
 
I ask that this document be marked for identification.
 
Q. Can you identify the document which has been marked as Exhibit __ for identification?
Q. What is it?
 
[If the document is signed ask]

Q. Whose signature(s) is (are) on page __ of the document?


(By Counsel)
 
I offer (plaintiff’s) (defendant’s) Exhibit __ for identification into Evidence.
 
           It is fundamental in the law of evidence that a witness must have personal knowledge of the facts to which he or she testifies.[1]  Wigmore defined personal knowledge as "an impression derived from the exercise of [the witness'] own senses, not from the reports of others."[2] Some of the following questions ask the witness to give information regarding his or her spouse. Before asking the questions it is suggested that the following be asked of the witness.
 
Q. Have you ever heard the phrase personal knowledge?
Q. Do you know what it means to have personal knowledge of a fact or event?
Q. Would it be fair to say that having personal knowledge of a fact or event means that you actually observed or heard the fact or saw the event you are talking about?
Q. (If no) what do you think it means?
Q. Are you aware of the fact that you may only testify to matters which are within your personal knowledge?
 
(By Counsel)
 
           I am going to ask you questions regarding yourself or your spouse. If you do not have personal knowledge of the answer, please tell the court that you do not have personal knowledge of the answer and do not answer the question.
 
 
(By Counsel)

Background Information (Self)
 
Q. What is your full name?
Q. When and where were you married to the _________________?
Q. Were you married by a person specified in DRL §11(1)?
Q. Have you removed all barriers to your spouse's remarriage following a dissolution of this marriage?
Q. Will you remove all barriers to your spouse's remarriage following a dissolution of this marriage?
Q. What is your date of birth?
Q. What is your spouse's date of birth?
Q. What is your residence address?
 
Q. Were you previously married?
Q. How did that marriage end?
Q. When did that marriage end?
Q. Do you have children born or adopted during that marriage?
Q. (If yes) What are their names and dates of birth?
Q. Are you obliged by agreement, decree, judgment, or order to provide support for your former spouse or children of a prior marriage?
Q. What is the date of the agreement?
Q. What and your specific obligations under the agreement?
Q. What Court rendered the decree, judgment, or order, the date of the decree entered?
Q. What are your specific obligations under the decree, judgment or order?



12-2. Prior Marriages (Self)
 
Q. Where did you last live prior to your marriage?
Q. Where did your spouse last live prior to your marriage?
Q. What education or skills did you have prior to your marriage?
Q. What education or skills did your spouse have prior to your marriage?
Q. What did you own at the time you were married?
Q. What did your spouse own at the time you were married?
Q. Where you employed immediately prior to your marriage?
Q. Where were you employed?
Q. In what capacity?
Q. How much did you earn?
Q. What benefits did you receive?
Q. Did there come a time that you were no longer employed?
Q. Why were you no longer employed?
Q. Was your spouse employed immediately prior to your marriage?
Q. Where was your spouse employed?
Q. In what capacity?
Q. What did your spouse earn?
Q. What benefits did your spouse receive?



12-3. History of Marriage (Self)

Q. Did you attend school or training after you were married?
Q. What school did you attend?
Q. Did your spouse attend school or training after you were married?
Q. Did anyone contribute to your education or living expenses during the first year(s) of your marriage?
Q. Who contributed to your education or living expenses?
Q. In what way?
Q. How much was contributed?
Q. Where did you first live after you were married?
Q. Please describe the history of your marriage chronologically (year by year) indicating where you and your spouse lived, were employed, earned, went to school, contributions to the household and the birth of your child (ren).
Q. Did anyone contribute to [your] [your spouse's] education or living expenses during the first year(s) of your marriage?
Q. Who?
Q. Whose education did they contribute to?
Q. In what way?
Q. How much was contributed?



12-4. Children (Self)
 
Q. What are the names and, birth dates of all children born or adopted during the marriage?
Q. Is any child currently in school, or any educational institution?
Q. What is the grade, name, and location of each school or institution each child attends?
Q. Are any of the children employed, either full-time or part-time?
Q. (If yes) Who is employed full time?
Q. What is the name and address of his/her employer?
Q. What is the nature of the employment?
Q. What is the salary or remuneration received for such employment?
Q. Does any child contribute to the support or maintenance of either parent or parent's residence?
Q. What is the nature and amount of such contribution?
 
[Repeat series of questions for each employed child]
 
Q. Does any child need (unusual or extraordinary (medical), (psychiatric), (psychological), or (dental care), or (require special care or training or have special financial needs)?
Q. Which child?
Q. What is the nature of treatment, training, or care?
Q. What is the name and address of treating doctors and/or other professionals?
Q. What is the name and address of any special school, institutions, or training facilities?
Q. What is the cost of such treatment, care, and/or training?
Q. What is the estimated length of such treatment, care, and/or training?
 
[Repeat this series of questions for each child in need of unusual or extraordinary (medical), (psychiatric), (psychological), or (dental care), or who requires special care or training or has special financial needs]
 
12-5. Health, Education, Skills, Needs
 
Q. How is your present health?
Q. Do you have any need of (unusual or extraordinary) (medical), (psychiatric), (psychological), or (dental care) or (special care), or (training) and/or have any special financial needs?
Q. (If yes) What are they?
Q. What is the name(s) and address (es) of your physician(s) or other professional(s) who are providing such?
Q. What schools have you attended and what are the years of attendance?
Q. What degrees, diplomas, or certificates have been conferred?
Q. What special training courses and employment skills do you have?
Q. Were you married at the time you attended school or any special training course?
Q. Did your spouse contribute to the cost of your education and/or support and living expenses?
Q. What were the amounts your spouse contributed?
Q. Who paid for your education and/or support and living expenses during the time you attended school?
Q. What was the source, nature and amount of any such contributions?
Q. Have you been granted a license, certificate, or permit to practice any profession, occupation, or business in this or any other state?
Q. What is the nature of such license, certificate and/or permit?
Q. When was the license, certificate and/or permit granted?
 
[Repeat series of questions for each license, certificate, and/or permit.]
 
Q. Do you have any disabilities which at any time renders or rendered you unable to perform work, or limits your ability to perform work or otherwise earn a living, either now, in the past, or in the future?
Q. What is the nature and status of the disability?
Q. What is the name and address of each treating physician, and/or treating facility for the disability?
Q. What is the frequency of the treatment?
Q. What is the cost of the treatment?
Q. What is the nature of the treatment?
Q. What is the method of payment for the treatment?
Q. Who pays for the treatment?



12-6. Current residence (Self)
 
Q. Do you currently reside with your spouse?
Q. Where are you currently residing?
Q. Is your current residence leased or owned?
Q. (If owned) Who owns the residence?
Q. (If leased) What is the name and address of the landlord?
Q. What type of residence is it?
Q. What are the number of rooms in your current residence?
Q. Describe the rooms in your current residence.
Q. What is the monthly rental and term of the lease (sub-lease) (agreement)?
Q. To whom is the rental is paid?
Q. Do any other persons contribute to the rental?
Q. (If yes) What is the amount of the contribution?
Q. What is the name(s) of any such person(s)?


 
12-7. Assets (Self)
 
Q. Do you have (individually, jointly, as custodian, in trust or as power-of-attorney) cash?
Q. Where is the cash located?
Q. What is the source of funds used to acquire this asset?
Q. What is the current amount of this asset?
 
Q. Do you have (individually, jointly, as custodian, in trust or as power-of-attorney) checking accounts?
Q. At what financial institution?
Q. What is the account number?
Q. Who is the title holder?
Q. What is the date opened?
Q. What is the source of the funds used to acquire this asset?
Q. What is the balance?
 
[Repeat series of questions for each account]
 
Q. Do you have (individually, jointly, as custodian, in trust or as power-of-attorney) savings accounts (including individual, joint, totten trust, certificates of deposit, treasury notes)?
Q. At what financial institution?
Q. What is the account number?
Q. Who is the title holder?
Q. What is the date opened?
Q. What is the source of the funds used to acquire this asset?
Q. What is the balance?
 
[Repeat series of questions for each account]
 
Q. Do you have [security deposits] [earnest money]?
Q. Where is this asset located?
Q. Who is the title holder?
Q. What is the type of deposit?
Q. Who is the source of the security deposit?
Q. What is the date of deposit?
Q. What is the current amount of this asset?
 
[Repeat series of questions for each account]
 
Q. Do you have (individually, jointly, as custodian, in trust or as power-of-attorney) bonds, notes, mortgages?
Q. Describe each security.
Q. Who is the title holder?
Q. Where is this asset located?
Q. What is the date you acquired this asset?
Q. What is the original price?
Q. What is the source of funds used to acquire it?
Q. What is the current value of this asset?
 
[Repeat series of questions for each bond, note or mortgage]
 
Q. Do you have (individually, jointly, as custodian, in trust or as power-of-attorney) stocks, options and commodity contracts?
Q. Describe each security.
Q. Who is the title holder?
Q. Where is this asset located?
Q. What is the date you acquired this asset?
Q. What is the original price?
Q. What is the source of funds used to acquire it?
Q. What is the current value of this asset?
 
[Repeat series of questions for each stock, option or commodity contract]
 
Q. Do you have (individually, jointly, as custodian, in trust or as power-of-attorney) broker margin accounts?
Q. What is the name and address of the broker?
Q. Who is the title holder?
Q. Where is this asset located?
Q. What is the date account opened?
Q. What is the original value of the account?
Q. What is the source of the funds used to acquire this asset?
Q. What is the current value of this asset?
 
[Repeat series of questions for each account]
 
Q. Do you have any debts owed to you?
Q. What is the debtor's name and address?
Q. What is the original amount of the loan or debt?
Q. What is the source of funds from which the loan was made or the origin of the debt?
Q. What is the date payment(s) are due?
Q. What is the current amount due?
 
[Repeat series of questions for each debt]]
 
Q. Do you have an interest in any business?
Q. What is the name and address of the business?
Q. What is the type of business (corporate, partnership, sole proprietor or other)?
Q. Who are the (shareholders) (partners)?
Q. What are their addresses?
Q. What is their amount of your capital contribution?
Q. What is your percentage of ownership interest?
Q. What is the date of your acquisition?
Q. What is the original price or value?
Q. What is the source of funds you used to acquire the business?
Q. What is the current net worth of the business?
 
[Repeat series of questions for each business]
 
Q. Do you have life insurance?
Q. What is the insurer's name and address?
Q. What is the name of the insured?
Q. What is the policy number?
Q. What is the face amount of the policy?
Q. Who is the policy owner?
Q. What is the date you acquired this asset?
Q. What is the source of funds you used to acquire this asset?
Q. What is its current cash surrender value?
 
[Repeat series of questions for each policy]
 
Q. Do you have any vehicles (automobile, boat, plane, truck, camper, etc.)?
Q. What kind of vehicles do you have?
Q. What is the make and model of the vehicle?
Q. Who is the title owner or owners of this asset?
Q. What is the date you acquired this asset?
Q. What is the original price?
Q. What is the source of funds you used to acquire the vehicle?
Q. Is there an unpaid lien on this asset?
Q. What is the amount of current lien unpaid?
Q. What is the current fair market value of this vehicle?
 
[Repeat series of questions for each vehicle]
 
Q. Do you have real estate (including real property, leaseholds, and life estates)?
Q. What is the (address) (county, section, block and lot number of the real estate?
Q. Who is the title owner or owners?
Q. What are their addresses?
Q. What is the date of acquisition of your interest in the real estate?
Q. What is the original price you paid for the property?
Q. What is the source of funds to acquire this asset?
Q. Is there an unpaid mortgage or lien on this asset? 
Q. What is the amount of mortgage or lien unpaid?
Q. What is the estimated current fair market value of this asset?
 
[Repeat series of questions for each asset]
 
Q. Do you have (vested) interests in trusts (pension, profit sharing, legacies, deferred compensation and others)?
Q. What is the nature of your interest in this asset?
Q. What is the location of the asset?
Q. Who is the title owner or owners of the asset?
Q. What is the date you acquired this asset?
Q. What is the amount of your original investment?
Q. What is the source of the funds you used to acquire this asset?
Q. Is there an unpaid lien on this asset?
Q. What is the amount of unpaid liens?
Q. What is the current value of this asset?
 
[Repeat series of questions for each asset]
 
Q. Do you have contingent interests (stock options, interests subject to life estates, prospective inheritances, etc.)?
Q. Please describe it.
Q. Where is this asset located?
Q. What is the date of vesting?
Q. Who is the title owner or owners of this asset?
Q. What is the date you acquired this asset?
Q. What is the original price you paid to acquire this asset?
Q. What is the source of funds you used to acquire it?
Q. What is the current value of this asset?
 
[Repeat series of questions for each asset]
 
Q. Do you have household furnishings?
Q. Please describe each item of furnishings that you paid more than $_____to acquire.
Q. Where are the furnishings located?
Q. Who is the title owner or owners of this asset?
Q. What is the original price of the furnishings?
Q. What is the source of funds you used to acquire the furnishing?
Q. What is the amount of lien unpaid?
Q. What is the current value of the furnishings?
 
[Repeat series of questions for each item that witness paid more than $______to acquire]
 
Q. Do you have jewelry, art, antiques, precious objects, gold or precious metals?
Q. What items of (jewelry), (art) (antiques), (precious objects), (gold) or (precious metals) do you have?
Q. [With regard to each item] What is its description?
Q. Who is the title owner or owners of this asset?
Q. Where is this asset located?
Q. What is the original price or value of this asset?
Q. What is the source of funds you used to acquire it?
Q. What is the amount of lien unpaid, if any?
Q. What is the current value of this asset?
 
[Repeat series of questions for each asset]



12-8. Business or Profession (Self)
 
Q. Are you are self-employed or do you conduct a business or profession as a sole proprietor, partner, or corporation?
Q. What type of entity is it?
Q. Do you have an interest in any partnership?
Q. What is the name and address of the partnership?
Q. Are you a general or limited partner?
Q. What are the names and addresses of all other partners?
Q. What is their relationship to you, if any?
Q. What is the extent of their interest?
Q. What is the extent of your interest?
Q. Is there a partnership agreement, contract, or other writing?
Q. Do you conduct business as a corporation, or are you employed by a corporation which is not publicly owned in which you are a shareholder?
Q. What are the names and addresses of all of the directors, officers, and shareholders and the percentage of outstanding shares held by each?
Q. Are any of the foregoing persons are related to you?
Q. What is that relationship?
 
[Ask the following questions with regard to each business, partnership, corporation, and/or other enterprise in which there is an interest]
 
Q. What is the nature of such interest?
Q. What is the market value of such interest?
Q. What is the source from which money was taken for such capitalization and/or loans?
Q. What is the date of acquisition of your interest, and the cost and/or market value of such interest when acquired?
Q. What is the value of such interest on the date of your marriage, if such interest was acquired before your marriage?
Q. What is the value of such interest on the date of the commencement of this action?
Q. What is the date of termination of your interest, if your interest is terminated?
Q. What is the total sales price of the business enterprise sold?
Q. What is the amount of the compensation received by you, and the form of the compensation if other than cash or negotiable interest, as a result of the sale and/or transfer of your ownership interest?
Q. What are the terms of each such agreement of sale or transfer?
Q. What is the income by you from any such business during the last year prior to the sale and/or transfer of your interest in such business entity, at any time during the past three years, stating the amount received, the date received, and the disposition of the proceeds?
Q. What is the present amount maintained in the capital account of such entity?
Q. What is the name and address of all banks in which the business has or has had during the past three years, checking and/or savings accounts, or any other accounts?
Q. What are the account numbers of each such account?
Q. What is the amount presently contained in each such account?
Q. What was the amount contained in each such account at the time of the commencement of this action?
Q. What was the amount contained in each such account six months prior to the commencement of this action?
Q. Was an account was closed prior to six months before the action was commenced?
Q. (If yes) What was the amounts in each account for a three year period prior to the closing of the account?
Q. What was done with the amounts that were in the accounts when closed?
Q. Where they transferred?
Q. Where were they transferred?
Q. To whom were they transferred?
Q. What is the total value of your capital account?
Q. What is the total value of all accounts receivable?
Q. What is the dollar value of all work in progress?
Q. What is the appreciation of the true worth of all tangible personal assets of the entity over and above book value?
Q. What is the total dollar amount of accounts payable?
Q. What is the total amount of all of the liabilities?
Q. What is the value of the good will of the business?
 
[Repeat series of questions for each business]



12-9. Safe Deposit Box    
 
Q. Do you have access to a safe deposit box, either in your name individually, jointly, or in any other form, or in the name of a business, partnership or corporation?
Q. What is the location of the box and box number?
Q. What is the name in which it is registered?
Q. Who, in addition to yourself, has access to the box?
Q. What are the contents of such box?
 
[Repeat series of questions for each box]



22-10. Collections (Self)
 
Q. Do you have an interest in any collection or hobby, art, stamps, coins, precious metals, antiques, books and/or collectibles?
Q. What is the nature of each such collection or hobby?
Q. Who is the title owner or owners of the asset?
Q. What is your interest in the asset?
Q. What is the interest of any co-owners?
Q. What is the present location of any such collection?
Q. What is the present value of each such collection, or element thereof?
 
[Repeat series of questions for each asset]



12-11. Other Ventures (Self)
 
Q. Do you have any money invested in any activities and/or ventures not referred to in any of the previous questions?
Q. What is the nature of such investment?
Q. What is the date of such investment?
Q. What is your share and/or interest in the activity or venture?
Q. What is the original cost of such investment?
Q. What is the source of moneys you used for said investment?
Q. What is amount of income yielded from the said investment this year?
Q. What is amount of income yielded from the said investment last year?
Q. What is amount of income yielded from the said investment this year before that?
Q. What is the present value of the investment?
 
[Repeat series of questions for each asset]



12-12. Other Assets (Self)
 
Q. Do you have any other assets (e.g., tax shelter investments, collections, judgments, causes of action, patents, trademarks, and copyrights)?
Q. What is the nature of each asset?
Q. Who is the title owner or owners of this asset?
Q. Where is this asset located?
Q. What is the original price paid to acquire this asset or its original value?
Q. What is the source of funds you use to acquire this asset?
Q. What is the amount of lien unpaid, if any?
Q. What is the current value of this asset?
 
[Repeat series of questions for each asset]



12-13. Assets (Spouse)
 
Q. Does your spouse have (individually, jointly, as custodian, in trust or as power-of-attorney) cash?
Q. Where is this cash located?
Q. What is the source of the cash?
Q. What is the current amount of this cash?
 
Q. Does your spouse have (individually, jointly, as custodian, in trust or as power-of-attorney) checking accounts?
Q. At what financial institution?
Q. What (is) (are) the account number(s)?
Q. Who is the title holder?
Q. What is the date opened?
Q. How much money was used to open this account?
Q. What is the source of the funds your spouse put into this account when it was opened?
Q. What is the current balance in this account?
 
[Repeat series of questions for each account]
 
Q. Does your spouse have (individually, jointly, as custodian, in trust or as power-of-attorney) savings accounts (including individual, joint, totten trust, certificates of deposit, treasury notes)?
Q. What is the nature of the account(s)?
Q. At what financial institution?
Q. What is the account number?
Q. Who is the title holder?
Q. What is the date opened?
Q. How much money was used to open this account?
Q. What is the source of the funds your spouse used to open this account?
Q. What is the balance?
 
[Repeat series of questions for each account]
 
Q. Does your spouse have security deposits, earnest money, etc.?
Q. At what financial institution is this asset located?
Q. Who is the title holder?
Q. What is the amount of the security deposit?
Q. Who is the source of the funds?
Q. What is the date of the deposit?
Q. What is the current amount of this asset?
 
[Repeat series of questions for each account]
 
Q. Does your spouse have (individually, jointly, as custodian, in trust or as power-of-attorney) bonds, notes, mortgages?
Q. Describe each security.
Q. Who is the title holder?
Q. Where is this asset located?
Q. What is the date your spouse acquired this asset?
Q. What is the original price paid to acquire this asset?
Q. What is the source of funds your spouse used to acquire it?
Q. What is the current value of this asset?
 
[Repeat series of questions for each account]
 
Q. Does your spouse have (individually, jointly, as custodian, in trust or as power-of-attorney) stocks, options and commodity contracts?
Q. Describe each security.
Q. Who is the title holder?
Q. Where is this asset located?
Q. What is the date your spouse acquired this asset?
Q. What is the original price paid by your spouse to acquire this asset?
Q. What is the source of funds your spouse used to acquire this asset?
Q. What is the current value of this asset?
 
[Repeat series of questions for each account]
 
Q. Does your spouse have (individually, jointly, as custodian, in trust or as power-of-attorney) broker margin accounts?
Q. What is the name and address of the broker?
Q. Who is the title holder?
Q. Where is this asset located?
Q. What is the date account opened?
Q. What is the original value of the account?
Q. What is the source of the funds your spouse used to acquire this asset?
Q. What is the current value of this asset?
 
[Repeat series of questions for each account]
 
Q. Does your spouse have any debts owed to him/her?
Q. What is the debtor's name and address?
Q. What is the original amount of the loan or debt?
Q. What is the source of funds from which the loan was made by your spouse or the origin of debt?
Q. What is the date payment(s) are due?
Q. What is the current amount due?
 
[Repeat series of questions for each debt]
 
Q. Does your spouse have an interest in any business?
Q. What is the name and address of the business?
Q. What is the type of business (corporate, partnership, sole proprietor or other?
Q. What is your spouse’s capital contribution?
Q. What is your spouse’s percentage of interest?
Q. What is the date your spouse acquired this interest?
Q. What is the original price your spouse paid to acquire this asset or it original value?
Q. What is the source of funds your spouse used to acquire this asset?
Q. What is the current net worth of the business?
[Repeat series of questions for each business]
 
Q. Does your spouse have life insurance?
Q. What is the insurer's name and address?
Q. What is the name of the insured?
Q. What is the policy number?
Q. What is the face amount of the policy?
Q. Who is the policy owner?
Q. What is the date your spouse acquired this asset?
Q. What is the source of funds your spouse used to acquire this asset?
Q. What is its current cash surrender value?
 
[Repeat series of questions for each policy]
 
 
Q. Does your spouse have any vehicles (automobile, boat, plane, truck, camper, etc.)?
Q. Please describe.
Q. Who is the title owner or owners of this asset?
Q. What is the date your spouse acquired this asset?
Q. What is the original price your spouse paid to acquire this asset?
Q. What is the source of funds your spouse used to acquire this asset?
Q. Is there an unpaid lien on this asset?
Q. What is the current fair market value?
 
[Repeat series of questions for each vehicle]
 
Q. Does your spouse have real estate (including real property, leaseholds, and life estates)?
Q. What is the address or county, section, block and lot number of each asset?
Q. Who is the title owner or owners of this asset?
Q. What is the date your spouse acquired this asset or interest?
Q. What is the original price paid by your spouse to acquire this asset or the original value?
Q. What is the source of funds your spouse used to acquire this asset?
Q. What is the estimated current fair market value?
 
[Repeat series of questions for each asset]
 
Q. Does your spouse have (vested) interests in trusts (pension, profit sharing, legacies, deferred compensation and others)?
Q. What is the nature of the asset?
Q. What is the location of asset?
Q. Who is the title owner or owners of this asset?
Q. What is the date your spouse acquired this asset?
Q. What is the amount of the original investment?
Q. What is the source of the funds your spouse used to acquire this asset?
Q. What is the current value of this asset?
 
[Repeat series of questions for each asset]
 
Q. Does your spouse have contingent interests (stock options, interests subject to life estates, prospective inheritances, etc.)?
Q. What is the nature of each asset?
Q. Where is this asset located?
Q. What is the date of vesting?
Q. Who is the title owner or owners of this asset?
Q. What is the date your spouse acquired this asset?
Q. What is the original price your spouse paid for this assets or its original value?
Q. What is the source of funds your spouse used to acquire this asset?
Q. What is the current value of this asset?
 
[Repeat series of questions for each asset]
 
Q. Does your spouse have household furnishings?
Q. Please describe each item that you believe is worth more than $_____.
Q. Where is it located?
Q. Who is the title owner or owners of this asset?
Q. What is the original price your spouse paid to acquire this asset?
Q. What is the source of funds your spouse used to acquire this asset?
Q. What is the current value of this item of furnishings?
 
[Repeat series of questions for each item]
 
Q. Does your spouse have jewelry, art, antiques, precious objects, gold or precious metals?
Q. What is its description?
Q. Who is the title owner or owners of this asset?
Q. Where is this asset located?
Q. What is the original price your spouse paid for each item or its original value?
Q. What is the source of funds your spouse paid to acquire this item or its original value?
Q. What is the current value of this item?
 
[Repeat series of questions for each item]
 
Q. Does your spouse have any other assets (e.g., tax shelter investments, collections, judgments, causes of action, patents, trademarks, and copyrights)?
Q. Please describe each.
Q. Who is the title owner or owners of this asset?
Q. Where is this asset located?
Q. What is the original price your spouse paid to acquire this asset or its original value?
Q. What is the source of funds your spouse used to acquire this asset?
Q. What is the current value of this asset?
 
[Repeat series of questions for each account]



12-14. Business or Profession (Spouse)
 
Q. Is your spouse self-employed or does your spouse conduct a business or profession as a sole proprietor, partner, or corporation?
Q. What type of entity is it?
Q. Does your spouse have an interest in any partnership?
Q. What is the name and address of the partnership?
Q. Is your spouse general or limited partner?
Q. What are the names and addresses of all other partners?
Q. What is their relationship to your spouse, if any?
Q. What is the extent of their interest?
Q. What is the extent of your spouse’s interest?
Q. Is there a partnership agreement, contract, or other writing?
Q. Does your conduct business as a corporation, or is your spouse employed by a corporation in which your spouse is a shareholder?
Q. What are the names and addresses of all of the directors, officers and shareholders and the percentage of outstanding shares held by each?
Q. Are any of the foregoing persons are related to your spouse?
Q. What is that relationship?
Q. Are you are self-employed or do you conduct a business or profession as a sole proprietor, partner, or corporation?
 
[Ask the following questions with regard to each business, partnership, corporation, and/or other enterprise in which there is an interest]:
 
Q. What is the nature of such interest?
Q. What is the market value of such interest?
Q. What is the source from which moneys were taken for such capitalization and/or loans?
Q. What is date of acquisition of your spouse’s interest, and the cost and/or market value of such interest when acquired?
Q. What is the value of such interest on the date of your marriage, if such interest was acquired before your marriage?
Q. What is the value of such interest on the date of the commencement of this action?
Q. What is the date of termination of your spouse’s interest, if your interest is terminated?
Q. What is the total sales price of the business enterprise your spouse sold?
Q. What is the amount of the compensation received by your spouse, and the form of the compensation if other than cash or negotiable interest, as a result of the sale and/or transfer of your spouse’s ownership interest?
Q. What were the terms of each such agreement of sale or transfer?
Q. What was the income to your spouse from any such business during the last year prior to the sale and/or transfer of your spouse’s interest in such business entity, at any time during the past three years?
Q. What was the amount received, the date received, and the disposition of the proceeds?
Q. What is the present amount maintained by your spouse in the capital account of such entity?
Q. What is the total value of your spouse’s capital account?
Q. What is the total value of all accounts receivable?
Q. What is the dollar value of all work in progress?
Q. What is the appreciation of the true worth of all tangible personal assets of the entity over and above book value?
Q. What is the value of the good will of the business?
 
[Repeat series of questions for each business]



12-15. Safe Deposit Box (Spouse)       
 
Q. Does your spouse have access to a safe deposit box, either in your spouse’s name individually, jointly, or in any other form, or in the name of a business, partnership or corporation?
Q. What is the location of the box and box number?
Q. What is the name in which it is registered?
Q. Who has access to the box?
Q. What are the contents of each such box?
 
[Repeat series of questions for each box]



12-16. Collections (Spouse)
 
Q. Does your spouse have an interest in any collection or hobby, art, stamps, coins, precious metals, antiques, books and/or collectibles?
Q. What is the nature of each such collection or hobby?
Q. What is your spouse’s interest therein and the interest of any co-owners?
Q. What is the present location of any such collection?
Q. What is the present value of each such collection, or element thereof?
 
[Repeat series of questions for each item]



12-17. Other Ventures (Spouse)
 
Q. Does your spouse any money invested in any activities and/or ventures not referred to in any of the previous question?
Q. What is the nature of such investment?
Q. What is the date of such investment?
Q. What is your spouse’s share and/or interest in the activity or venture?
Q. What is the original cost of such investment?
Q. What is the source of moneys used by your spouse for said investment?
Q. What is amount of income yielded from the investment annually?
Q. What is the present value of the investment?



12-18. Other Assets (Spouse)
 
Q. Does your spouse have any other assets (e.g., tax shelter investments, collections, judgments, causes of action, patents, trademarks, and copyrights)?
Q. Please describe each.
Q. Who is the title owner or owners of this asset?
Q. Where is this asset located?
Q. What is the original price paid by your spouse for this asset or its original value?
Q. What is the source of funds your spouse used to acquire it?
Q. What is the current value of this asset?
 
[Repeat series of questions for each asset]



12-19. Marital Residence
 
Q. What is the address of the marital residence?
Q. Is it owned in whole or in part by you?
Q. What is the type of residence (such as house or condominium)?
Q. What is the number and a description of the rooms in the marital residence?
Q. What is the date the residence was acquired?
Q. What was the purchase price?
Q. What was the amount of the down payment?
Q. What was the source of the down payment?
Q. What was the date, mortgagor, term, amount and percentage rate of the original mortgage?
Q. What is the amount of the mortgage remaining as of the date of the commencement of this action?
Q. What is the amount of the mortgage remaining at the present time?
Q. What is the name and address of the mortgagee and the mortgage number?
Q. What was the market value of the residence and property at the time of the commencement of this action?
Q. What is the present market value of the residence and property?
Q. Who has been paying the mortgage and/or tax payments from the date of the commencement of this action?
Q. Have you, sold or otherwise disposed of any real property in which you have had any interest, whatsoever, within the last ten years?
Q. What is the location of the property, the terms of the sale, and the name of the other party or parties?



12-20. Gross Income (Self)
 
Q. Are you employed?
Q. What is the name and address of your employer?
Q. What is the type of work performed?
Q. What is the position you hold?
Q. What is the nature of work or business in which you are employed or engaged?
Q. What is the amount of time you have been employed at your present job?
Q. What are your hours of employment?
Q. What are the terms and method of payment of your earnings?
Q. What is the pay period?
Q. What is the amount of your pay or earnings, and other forms of compensation, for the current year to date for the last full calendar year?
Q. Do you have your pay stubs, W-2 Forms, 1099 or other tax forms?
Q. What are your deductions for Federal Tax?
Q. What are your deductions for New York State Tax?
Q. What are your deductions for Local tax?
Q. What are your deductions for Social Security?
Q. What are your deductions for Medicare?

Q. Are you entitled to any disability benefits?
Q. What is the nature of your disability?
Q. What is the dollar amount of the award?
Q. What was the date of payment of the award?
Q. Are there are any survivor benefits?
Q. Are any benefits or awards presently being claimed by you, litigated or are being reviewed?
 
Q. What is your social security number?
Q. What is the number and names of dependents claimed?
Q. Do you have the income tax returns with you?
Q. Have you filed income tax returns since your separation?
Q. (If not) Why not?



12-21. Employment Benefits (Self)
 
Q. What benefits does your employer provide for you and for your family?
Q. Does your employer provide health insurance plan?
Q. (If yes) Would you please describe them?
Q. Does your employer provide life insurance coverage?
Q. (If yes) Would you please describe the coverage?
Q. Does your employer provide pension, profit sharing or retirement coverage?
Q. (If yes) Would you please describe the coverage
Q. Does your employer provide expense and/or drawing accounts?
Q. (If yes) Would you please describe the accounts?
Q. Does your employer provide credit cards (including reimbursement for business expenses placed on your personal credit cards)?
Q. (If yes) Would you please identify the cards?
Q. Does your employer provide disability insurance coverage?
Q. (If yes) Would you please describe the coverage
Q. Does your employer provide stock purchase options?
Q. (If yes) Would you please describe them?
Q. Are you obliged to pay for all or any part of the benefits?
Q. (If yes) Would you please explain?
Q. What is the amount of those payments and/or contributions?
Q. Are you furnished with a vehicle by any person, entity, your employer or business?
Q. What is the year, make, model and license number?
Q. What is the name and address of the legal owner?
Q. What is the name and address of the registered owner?
Q. What is the date you were furnished with such vehicle or replacement vehicle?
Q. What is the amount paid for gas, repairs, maintenance, and insurance costs by you personally, and by anyone other than yourself?
Q. Are you reimbursed directly or indirectly for the expenses paid by you personally?
Q. Is any other property or benefit provided to you and/or your family as a result of your employment?
Q. (If yes) Would you please describe them?



12-22. Employment Contract/deferred Compensation (Self)
 
Q. Do you have or have you had an employment contract with any company, corporation, partnership, and/or individual, at the present time?
Q. What are the terms?
Q. As a result of your employment, at any time during the marriage, are or were you entitled to receive moneys from any deferred compensation agreement?
Q. What is the date such agreement was made?
Q. Who are the parties making or executing such agreement?
Q. What is the amount you are to receive under such deferred compensation agreement?
Q. When are you to receive such?



12-23. Other Income (Self)
 
Q. Do you have income from bonus, commissions, and fringe benefits?
Q. (If yes) Would you please describe them?
Q. How much do you receive per year?
Q. On what basis do you receive it?
Q. Do you have income from partnerships, sale of assets?
Q. How much do you receive per year?
Q. On what basis do you receive it?
Q. Do you have income from dividends and interest?
Q. How much do you receive per year?
Q. On what basis do you receive it?
Q. Do you have income from real estate?
Q. How much do you receive per year?
Q. On what basis do you receive it?
Q. Do you have income from trust, profit sharing, and annuity (principal distribution and income)?
Q. How much do you receive per year?
Q. On what basis do you receive it?
Q. Do you have income from pension?
Q. How much do you receive per year?
Q. On what basis do you receive it?
Q. Do you have income from awards, prizes, grants?
Q. How much do you receive per year?
Q. On what basis do you receive it?
Q. Do you have income from bequests, legacies and gifts?
Q. How much do you receive per year?
Q. On what basis do you receive it?
Q. Do you have income from other sources (including alimony, maintenance, or child support from prior marriage)?
Q. How much do you receive per year?
Q. On what basis do you receive it?
Q. Do you receive social Security?
Q. How much do you receive per year?
Q. On what basis do you receive it?
Q. Do you receive public assistance?
Q. How much do you receive a year?
Q. On what basis do you receive it?



12-24. Other Sources of Income
 
Q. Have you received money from any other source(s), such as return of capital, draw, commissions, dividends, interest, rents, profits, annuities, social security, pension, or fees?
Q. What is the source of such moneys?
Q. What is the specific amounts of money you have received from other sources and indicate the dates received, sources, and amounts of such money?
Q. Have you received or are receiving any form of compensation, monetary or otherwise, for any work and/or services performed for other individuals, companies, corporation, and/or partnerships outside the business in which you are regularly engaged?
Q. What is the name and address of the individual, company, corporation and/or partnership from which you are receiving or have received compensation?
Q. What is the amount of compensation received?
Q. What are the nature of the services rendered by you for such compensation?
Q. Will your salary or other compensation increase during the next year and/or contract period, as a result of any union contract and/or employment contract, or as a result of any regular incremental increase, or as a result of a promotion which you have received which is not yet effective?



12-25. Royalty Income (Self)

Q. Are you receiving or are entitled to receive any royalty income?
Q. What is the basis for such income, including the nature of any composition, copyright invention, work or patent?
Q. What is the amount of such income per year?
Q. What are the terms of any agreements in relation to any such composition, copyright invention, work or patent?



12-26.   Legal Settlements (Self)


Q. Do you have any legal actions pending or in which you have been a party within the last three (3) years for money damages?
Q. Are you are entitled to receive any legal settlements or insurance recoveries?
Q. What is the amount of money which you are demanding in your pleadings, or to which you are entitled as to any insurance recovery or legal settlement?
Q. What is the court in which the action is/was pending?
Q. What is the caption of the case and the index number or docket number?
Q. What is the date and amount of any such judgment entered in your favor?
Q. Does any other person have an interest in the insurance recovery or legal settlement or pending action?
Q. What is the nature of their interest and their name and address?
Q. What are the circumstances resulting in your becoming entitled to the judgment, insurance recovery or legal settlement or commencing a legal action?



12-27. Gambling, Award, Prize Income (Self)
 
Q. Are you are entitled to receive or have received any money, property, or other items of value, by virtue of gambling, awards, gifts, and/or prizes?
Q. What is the nature thereof, amount received or due you, when you received or are to receive such, and the date you became entitled to the award, prize, or gambling winnings?



12-28. Trusts (Self)
 
Q. Are you are the grantor, beneficiary, or holder of a power of appointment for any trust created by you, the members of your family, or any other persons or corporation?
Q. What is the date of the trust instrument?
Q. What is the name of the settlor of each trust?
Q. What is the name of the beneficiary (ies) of each trust?
Q. What is the present amount of each trust corpus?
Q. What is the amount of the trust corpus at the time of commencement of this action?
Q. What is the amount of the trust corpus at the time of your marriage, if applicable?
Q. What are any restrictions on alienation to which such corpus is subject?
Q. What are the terms of each trust instrument?
Q. What is the income earned by the trust?



12-29. Guardian (Self)
 
Q. Do you hold any property, assets, or things as guardian or in trust for anyone?
Q. Describe the property, its location, and the name and address of the person for whom you hold such?
Q. What are the conditions or terms of the trust, including whether or not you are paid any commissions or other compensation for holding such property?
Q. How and when was such property acquired by you?
Q. Do you pay any part of the consideration therefore?
Q. Is any property or things of value held in trust for you, or in the care and/or custody of another person, corporation or entity for you?
Q. Give a description of the property, its location and custodian?
Q. What is the name and address of the trustee?
Q. What are the conditions or terms of the trust?
Q. How and when was such property acquired?
Q. Who paid the consideration therefor?
Q. What is the original cost?
Q. What is the value at the time of commencement of this action?
Q. What is the present value if different?



12-30. Gross Income (Spouse)
 
Q. Is your spouse employed?
Q. What is the name and address of his/her employer?
Q. What is the type of work performed, position held and nature of work or business in which he/she is employed or engaged?
Q. What is the amount of time he/she has been employed at their present job?
Q. What are the hours of his/her employment?
Q. What are the terms, method of payment, and amount of his/her pay or earnings, and other forms of compensation, for the current year to date for the last full calendar year?
Q. Do you have his/her pay stubs, W-2 Forms, 1099 or other tax forms?
Q. What are his/her deductions for Federal Tax?
Q. What are his/her deductions for New York State Tax?
Q. What are his/her deductions for Local tax?
Q. What are his/her deductions for Social Security?
Q. What are his/her deductions for Medicare?
 
Q. Is your spouse entitled to any disability benefits?
Q. What is the nature of the disability?
Q. What is the dollar amount of the award?
Q. What was the date of payment of the award?
Q. Are there are any survivor benefits?
Q. Are any benefits or awards presently being claimed by your spouse, litigated or are being reviewed?



12-31. Employment Benefits (Spouse)
 
Q. What benefits does your spouse's employer provide for you, your spouse, and for your family?
Q. Does your spouse's employer provide health insurance plan?
Q. (If yes) Would you please describe what is provided?
Q. Does your spouse's employer provide life insurance coverage?
Q. (If yes) Would you please describe what is provided?
Q. Does your spouse's employer provide pension, profit sharing or retirement coverage?
Q. (If yes) Would you please describe what is provided?
Q. Does your spouse's employer provide expense and/or drawing accounts?
Q. (If yes) Would you please describe what is provided?
Q. Does your spouse's employer provide credit cards (including reimbursement for business expenses placed on your spouse's personal credit cards)?
Q. (If yes) Would you please describe what is provided?
Q. Does your spouse's employer provide disability insurance coverage?
Q. (If yes) Would you please describe what is provided?
Q. Does your spouse's employer provide stock purchase options?
 
 
Q. Is your spouse furnished with a vehicle by any person, entity, your employer or business?
Q. (If yes) Would you please describe what is provided?
Q. Is your spouse reimbursed directly or indirectly for the automobile expenses paid by your spouse personally?
Q. Is any other property or benefit provided to your spouse and/or your family as a result of your spouse's employment?
Q. (If yes) Would you please describe what is provided?
 
 
12-32. Employment Contract/deferred Compensation (Spouse)
 
Q. Does your spouse have an employment contract with any company, corporation, partnership, and/or individual, at the present time?
Q. What are the terms?
Q. As a result of your spouse's employment, at any time during the marriage, was your spouse entitled to receive moneys from any deferred compensation agreement?
Q. What is the date such agreement was made?
Q. Who are the parties making or executing such agreement?
Q. What is the amount your spouse is to receive under such deferred compensation agreement?
Q. When is your spouse to receive such?



12-33. Other Income (Spouse)
 
Q. Does your spouse have income from bonus, commissions, and fringe benefits?
Q. How much does your spouse receive per year?
Q. On what basis does your spouse receive it?
Q. Does your spouse have income from partnerships, sale of assets?
Q. How much does your spouse receive per year?
Q. On what basis does your spouse receive it?
Q. Does your spouse have income from dividends and interest?
Q. How much does your spouse receive per year?
Q. On what basis does your spouse receive it?
Q. Does your spouse have income from real estate?
Q. How much does your spouse receive per year?
Q. On what basis does your spouse receive it?
Q. Does your spouse have income from trust, profit sharing, and annuity (principal distribution and income)?
Q. How much does your spouse receive per year?
Q. On what basis does your spouse receive it?
Q. Does your spouse have income from a pension?
Q. How much does your spouse receive per year?
Q. On what basis does your spouse receive it?
Q. Does your spouse have income from awards, prizes, grants?
Q. How much does your spouse receive per year?
Q. On what basis does your spouse receive it?
Q. Does your spouse have income from bequests, legacies and gifts?
Q. How much does your spouse receive per year?
Q. On what basis does your spouse receive it?
Q. Does your spouse have income from other sources (including alimony, maintenance, or child support from prior marriage)?
Q. How much does your spouse receive per year?
Q. On what basis does your spouse receive it?
 
Q. Does your spouse receive Social Security?
Q. How much does your spouse receive per year?
Q. On what basis does your spouse receive it?
Q. Does your spouse receive public assistance?
Q. How much does your spouse receive per year?
Q. On what basis does your spouse receive it?



12-34. Other Sources of Income (Spouse)
 
Q. Has your spouse received money from any other source(s), such as return of capital, draw, commissions, dividends, interest, rents, profits, annuities, social security, pension, or fees?
Q. What is the source of such moneys?
Q. What is the specific amounts of money your spouse has received from other sources and indicate the dates received, sources, and amounts of such money?
Q. Has your spouse received or is your spouse receiving any form of compensation, monetary or otherwise, for any work and/or services performed for other individuals, companies, corporations, and/or partnerships outside the business in which he/she are regularly engaged?
Q. What is the name and address of the individual, company, corporation and/or partnership from which he/she is receiving or has received compensation?
Q. What is the amount of compensation received?
Q. What are the nature of the services rendered by your spouse for such compensation?
Q. Will your spouse's salary or other compensation increase during the next year and/or contract period, as a result of any union contract and/or employment contract, or as a result of any regular incremental increase, or as a result of a promotion which he/she have received which is not yet effective?



12-35. Royalty Income (Spouse)
 
Q. Is your spouse receiving or entitled to receive any royalty income?
Q. What is the basis for such income, including the nature of any composition, copyright invention, work or patent?
Q. What is the amount of such income per year?
Q. What are the terms of any agreements in relation to any such composition, copyright invention, work or patent?



12-36. Legal Settlements (Spouse)

Q. Does your spouse have any legal actions pending or in which your spouse has been a party within the last three (3) years for money damages?
Q. Is your spouse entitled to receive any legal settlements or insurance recoveries?
Q. What is the amount of money which your spouse is demanding in his/her pleadings, or to which your spouse is entitled as to any insurance recovery or legal settlement?
Q. What is the court in which the action is/was pending?
Q. What is the caption of the case and the index number or docket number?
Q. What is the date and amount of any such judgment entered in your spouse's favor?
Q. Does any other person have an interest in the insurance recovery or legal settlement or pending action?
Q. What is the nature of their interest and their name and address?
Q. What are the circumstances resulting in your spouse's becoming entitled to the judgment, insurance recovery or legal settlement or commencing a legal action?



12-37. Gambling, Award, Prize Income (Spouse)
 
Q. Is your spouse entitled to receive or has received any money, property, or other items of value, by virtue of gambling, awards, gifts, and/or prizes?
Q. What is the nature thereof, amount received or due your spouse, when your spouse received or are to receive such, and the date your spouse became entitled to the award, prize, or gambling winnings?



12-38. Trusts (Spouse)
 
Q. Is your spouse the grantor, beneficiary, or holder of a power of appointment for any trust created by you, the members of your family, or any other persons or corporation?
Q. What is the date of the trust instrument?
Q. What is the name of the settlor of each trust?
Q. What is the name of the beneficiary (ies) of each trust?
Q. What is the present amount of each trust corpus?
Q. What is the amount of the trust corpus at the time of commencement of this action?
Q. What is the amount of the trust corpus at the time of your marriage, if applicable?
Q. What are any restrictions on alienation to which such corpus is subject?
Q. What are the terms of each trust instrument?
Q. What is the income earned by the trust?



12-39. Guardian (Spouse)
 
Q. Does your spouse hold any property, assets, or things as guardian or in trust for anyone?
Q. Describe the property, its location, and the name and address of the person for whom you hold such?
Q. What are the conditions or terms of the trust, including whether or not you are paid any commissions or other compensation for holding such property?
Q. How and when was such property acquired by your spouse?
Q. Did your spouse pay any part of the consideration therefore?
Q. Is any property or things of value held in trust for your spouse, or in the care and/or custody of another person, corporation or entity for your spouse?
Q. Give a description of the property, its location and custodian?
Q. What is the name and address of the trustee?
Q. What are the conditions or terms of the trust?
Q. How and when was such property acquired?
Q. Who paid the consideration therefor?
Q. What is the original cost?
Q. What is the value at the time of commencement of this action?
Q. What is the present value if different?



12-40. Separate Property (Self)
 
[Inheritances]
 
Q. Have you received any inheritances?
Q. From whom did you inherit?
Q. What is the date of the inheritance?
Q. What was its nature or the amount of the inheritance?
Q. What was the value of the inheritance?
 
[Offer into evidence document(s) corroborating testimony that inheritance was received which is separate property]
 
(By counsel)
 
I ask that this document be marked for identification.
 
(By counsel)
 
I show you Exhibit __ for identification.
 
Q.   Can you identify it?
Q.   What is it?
 
(By counsel)
 
I offer (Plaintiff's) (Defendant’s) Exhibit __ into evidence.
 
Q. What was the disposition of any of the assets of the inheritance? [Trace them]
Q. What is the present value of the inheritance?
 
[Offer into evidence document(s) corroborating testimony as to the disposition of any of the assets of the inheritance and their present value]
 
(By counsel)
 
I ask that this document be marked for identification.
 
(By counsel)
 
I show you Exhibit __ for identification.
 
Q.   Can you identify it?
Q.   What is it?
 
(By counsel)
 
I offer (Plaintiff's) (Defendant’s) Exhibit __ into evidence.
 
[Property Acquired in Exchange for Inheritance]
 
Q. Have you acquired any property in exchange for the inheritance?
Q. Please describe what you acquired in exchange for the inheritance?
Q. From whom did you receive it?
Q. What is the date you received it?
Q. What was its nature or the amount of it?
Q. What have you done with it? [Trace it]
Q. What was the value of the inheritance at the time of the commencement of this action?
Q. What is the present value?
 
[Offer into evidence document(s) corroborating testimony that property was acquired in exchange for the inheritance and its value at the time of the commencement of the action and its present value]
 
(By counsel)
 
I ask that this document be marked for identification.
 
(By counsel)
 
I show you Exhibit __ for identification
 
Q.   Can you identify it?
Q.   What is it?
 
(By counsel)
 
I offer (Plaintiff's) (Defendant’s) Exhibit __ into evidence.



[Increase in Value of Inheritance]
 
Q. Has the inheritance increased in value?
Q. What have you done with it since you received it? [Trace it]
Q. What was the amount of the inheritance at the time you received it?
Q. What was the value of the inheritance at the time of the commencement of this action?
Q. What is the present value?
 
[Offer into evidence document(s) corroborating testimony that inheritance increased in value and its present value]
 
(By counsel)
 
I ask that this document be marked for identification.
 
(By counsel)
 
I show you Exhibit __ for identification
 
Q.   Can you identify it?
Q.   What is it?
 
(By counsel)
 
I offer (Plaintiff's) (Defendant’s) Exhibit __ into evidence.



[Property acquired before marriage]


Q. Do you have any property you acquired before your marriage to your spouse?
Q. Please describe it.
Q. What is the date you acquired it?
Q. What was its nature and amount, or value when you acquired it?
Q. What was the value?
 
[Offer into evidence document(s) corroborating testimony that the property was acquired before marriage and its value]
 
(By counsel)
 
I ask that this document be marked for identification.
 
(By counsel)
 
I show you Exhibit __ for identification
 
Q.   Can you identify it?
Q.   What is it?
 
(By counsel)
 
I offer (Plaintiff's) (Defendant’s) Exhibit __ into evidence.
 
 
[Property acquired in exchange for property acquired before marriage]


 
Q. What have you done with the property that was acquired before marriage? [Trace it]
Q. What was the value of it at the time of the commencement of this action?
 
[Offer into evidence document(s) corroborating testimony as to the value of the property as of the date of commencement of the action]
 
(By counsel)
 
I ask that this document be marked for identification.
 
(By counsel)
 
I show you Exhibit __ for identification
 
Q.   Can you identify it?
Q.   What is it?
 
(By counsel)
 
I offer (Plaintiff's) (Defendant’s) Exhibit __ into evidence.



[Property acquired by gift from a party other than your spouse]
 
Q. Do you have property acquired by gift from a party other than your spouse?
Q. Please describe it.
Q. What is the date you acquired it?
Q. From whom did you acquire it?
Q. What was the nature of the gift and the amount acquired?
Q. What was its value?
 
[Offer into evidence document(s) corroborating testimony that property was acquired by gift and its value when it was acquired]



[Property acquired in exchange for gift from a party other than your spouse]
 
Q. What have you done with the property acquired by gift? [Trace it]
Q. What was the value of it at the time of the commencement of this action?
 
[Offer into evidence document(s) corroborating testimony as to what was acquired in exchange for gift and its value as of the date of the commencement of the action]
 
(By counsel)
 
I ask that this document be marked for identification.
 
(By counsel)
 
I show you Exhibit __ for identification
 
Q.   Can you identify it?
Q.   What is it?
 
(By counsel)
 
I offer (Plaintiff's) (Defendant’s) Exhibit __ into evidence.



[Increase in value of Property acquired by gift from a party other than your spouse]
 
Q. Has the gift from the third party increased in value?
Q. Please describe the increase?
Q. What have you done with it?
Q. What was the value of it at the time of the commencement of this action?

[Offer into evidence document(s) corroborating testimony as to its value as of the date of the commencement of the action]
 
(By counsel)
 
I ask that this document be marked for identification.
 
(By counsel)
 
I show you Exhibit __ for identification
 
Q.   Can you identify it?
Q.   What is it?
 
(By counsel)
 
I offer (Plaintiff's) (Defendant’s) Exhibit __ into evidence.
 
 
 
[Compensation for personal injuries]
 
Q. Have you received any compensation for personal injuries?
Q. From whom did you receive it?
Q. What is the date you received it?
Q. What is the amount of it?
 
[Offer into evidence document(s) corroborating testimony that money is separate property]
 
(By counsel)
 
I ask that this document be marked for identification.
 
(By counsel)
 
I show you Exhibit __ for identification
 
Q.   Can you identify it?
Q.   What is it?
 
(By counsel)
 
I offer (Plaintiff's) (Defendant’s) Exhibit __ into evidence.
 
 
[Property acquired in exchange for compensation for personal injuries]
 
Q. What have you done with the compensation that you received for personal injuries? [Trace it]
Q. What was the amount of it at the time of the commencement of this action?
Q. What is the present amount?
 
[Offer into evidence document(s) corroborating tracing testimony that asset was acquired in exchange for compensation for personal injuries and present amount]
 
(By counsel)
 
I ask that this document be marked for identification.
 
(By counsel)
 
I show you Exhibit __ for identification
 
Q.   Can you identify it?
Q.   What is it?
 
(By counsel)

I offer (Plaintiff's) (Defendant’s) Exhibit __ into evidence.
 
 
[Increase in value of compensation for personal injuries]
 
Q. Did you acquired any property with the compensation for personal injuries?
Q. Please describe it?
Q. From whom did you receive it?
Q. What is the date you received it?
Q. What is its nature or the amount of it?
Q. What have you done with it? [Trace it]
Q. What was the amount of it or its value at the time of the commencement of this action?
Q. What is the present value?
 
[Offer into evidence document(s) corroborating testimony]
 
(By counsel)
 
I ask that this document be marked for identification.
 
(By counsel)
 
I show you Exhibit __ for identification
 
Q.   Can you identify it?
Q.   What is it?
 
(By counsel)
 
 I offer (Plaintiff's) (Defendant’s) Exhibit __ into evidence.



 [Property acquired after the commencement of this action]


Q. Was any money, property and/or asset acquired by you after the commencement of this action?
Q. What is the nature of the property?
Q. What is the date acquired?
Q. What is the source of funds for the acquisition?
Q. What is your interest in it?
Q. What was the cost?
Q. What was the market value?
 
[Offer into evidence document(s) corroborating testimony that asset was acquired after the commencement of the action]
 
(By counsel)
 
I ask that this document be marked for identification.
 
(By counsel)
 
I show you Exhibit __ for identification
 
Q.   Can you identify it?
Q.   What is it?
 
(By counsel)
 
 I offer (Plaintiff's) (Defendant’s) Exhibit __ into evidence.
 
 
12-41. Pre-separation Standard of Living
 
(By Counsel)
 
Q. What was your spouse's attitude about you working?
Q. Did you or your spouse employ a housekeeper?
Q. When?
 
Q. What is his/her name?
Q. What is his/her duties?
Q. What is his/her salary?
Q. What is his/her benefits?


Q. Do you or did you own or lease an automobile?
Q. How was it purchased?
Q. From whom [is] [was] it [leased] [purchased]?
Q. What [are] [were] the terms of the [lease] [purchase]?
Q. Does it have liens?
Q. What is the make, model, and year?
Q. How often was it replaced?
Q. Who paid for it?
 
Q. Does or did your spouse own or lease an automobile?
Q. How was it purchased?
Q. From whom [is] [was] it [leased] [purchased]?
Q. What [are] [were] the terms of the [lease] [purchase]?
Q. Does it have liens?
Q. What is the make, model, and year?
Q. How often was it replaced?
Q. Who paid for it?
 
Q. Does or you or your spouse belong to country clubs, tennis clubs or similar organizations?
Q. What country clubs, tennis clubs, and organizations (do) (did) you and your spouse belong to?
Q. How much does it cost?
Q. Was there a bond or entrance fee?
Q. How much was it?
Q. Who paid for it?
Q. Is any part of it refundable?
Q. How much?
 
Q. How often did you and/or your spouse vacation?
Q. When?
Q. Where?
Q. Who went with you?
Q. What did it cost?
Q. Who paid for it?
Q. Was it charged to business?
Q. (If yes) Which business was it charged to?
Q. Have you traveled on business trips with your spouse?
Q. How often did you travel on business trips with your spouse?
Q. When?
Q. Where?
Q. Who went with you?
 
Q. At what establishments did you or your spouse have charge accounts?
Q. What stores did [you] [your spouse] shop in?
Q. How extensive was [your wardrobe], [your spouse's wardrobe], and [your children's wardrobe]?
Q. At what stores did [you] [your spouse] shop for clothing?
Q. When?
Q. What did it cost?
 
Q. How often did you entertain?
Q. Please describe the entertaining that you did and for whom?
Q. What did it cost?
 
Q. Did your child (ren) attend [private schools], [religious schools] [colleges] [professional schools]?
Q. Who?
Q. Where?
Q. When?
Q. What did it cost?
 
Q. Did your child (ren) receive lessons or tutoring?
Q. Who?
Q. Where?
Q. When?
Q. What did it cost?


Q. Did your children attend camp?
Q. Who?
Q. Where?
Q. When?
Q. What did it cost?
 
Q. Did your children go on vacations or trips?
Q. Who went?
Q. Where?
Q. When?
Q. What did it cost?
 
Q. Did [your spouse give you] [you give your spouse] money for household or personal expenses?
Q. On what basis?
Q. How much?
Q. What did it cover?
Q. What expenses did [you] [your spouse] pay directly?
Q. How were your other expenses paid?
 
Q. Did [your spouse give you] [you give your spouse] jewelry, furs, or art or similar gifts?
Q. What was given and to whom?
Q. When?
Q. What did it cost?
 
Q. Describe your household furnishings.
Q. Where were they purchased?
Q. What did they cost?
Q. When were they purchased?
Q. What is their value?
 
Q. Did [you] [your spouse] gamble?
Q. How often?
Q. How much was gambled?
Q. Where?
 
Q. Did [you] [your spouse] own a boat, airplane, or collection of any kind?
Q. What was owned and by whom?
Q. What did it cost to obtain?
Q. When was it obtained?
Q. Who paid for it?
Q. Was it charged to business?
Q. (If yes) Which business was it charged to?
Q. How much [does] [did] it cost to maintain?
 
Q. Did you or your spouse own horses, jewelry, camera equipment, stereo equipment, video and audio equipment?
Q. What was owned and by whom?
Q. What did it cost to obtain?
Q. When was it obtained?
Q. Who paid for it?
Q. Was it charged to business?
Q. (If yes) Which business was it charged to?
Q. How much [does] [did] it cost to maintain?
 
 
12-42. Contributions to Support (Self)
 
Q. Does (or did) anyone contribute to your support, income and/or living expenses?
Q. What is their name(s) and address?
Q. What is their relationship to you?
Q. What is the nature of such support?
Q. What is the amount of support, income and/or living expenses received by you?
Q. What is the frequency of such support, income and/or living expense?



12-43. Liabilities (Self)
 
Q. Whom are you indebted to at present?
Q. What is the amount of each debt?
Q. What was the debt incurred for?
 
12-44. Accounts Payable (Self)
 
Q. Do you have accounts payable?
Q. What is the name and address of the creditor?
Q. Who is the debtor?
Q. What is the amount of original debt?
Q. What is the date of incurring the debt?
Q. What was the purpose?
Q. How much is the monthly or other periodic payment?
Q. What is the amount of the current debt?
 
[Repeat for each debt]



12-45. Notes Payable (Self)
 
Q. Are you indebted on a note?
Q. What is the name and address of the note holder?
Q. Who is the debtor?
Q. What is the amount of original debt?
Q.  What is the date of incurring the debt?
Q. What was the purpose?
Q. How much is the monthly or other periodic payment?
Q. What is the amount of the current debt?
 
[Repeat for each debt]



12-46. Installment Accounts Payable (Security Agreements, Chattel Mortgages) (Self)
 
Q. Are you indebted on an account payable, security agreement or Chattel Mortgage?
Q. What is the nature of the debt?
Q. What is the name and address of the creditor?
Q. Who is the debtor?
Q. What is the amount of original debt?
Q. What is the date of incurring the debt?
Q.  What was the purpose?
Q.  How much is the monthly or other periodic payment?
Q. What is the amount of the current debt?
 
[Repeat for each debt]



12-47. Brokers Margin Accounts (Self)
 
Q. Are you indebted on a brokers margin account?
Q. What is the name and address of the creditor?
Q. Who is the debtor?
Q. What is the amount of original debt?
Q. What is the date of incurring the debt?
Q.  What was the purpose?
Q. How much is the monthly or other periodic payment?
Q. What is the amount of the current debt?
 
[Repeat for each debt]



12-48. Mortgages Payable on Real Estate (Self)
 
Q. Are you indebted on a mortgage on real estate?
Q. What is the name and address of the mortgagee?
Q. What is the address of property mortgaged?
Q. Who is the mortgagor?
Q. How much was the original debt?
Q. What is the date of incurring the debt?
Q. How much is the monthly or other periodic payment?
Q. What is the maturity date?
Q. What is the amount of the current debt?
 
[Repeat for each debt]



12-49. Taxes Payable (Self)
 
Q. Are you indebted for income taxes due or past due?
Q. What is the amount of tax [pas] due?
Q. For what period of time is the tax [past] due?
Q. Whom is the tax due?
Q. How much tax is due?
Q. What is the date due?
 
[Repeat for each debt]



12-50. Loans on Life Insurance Policies (Self)
 
Q. Are you indebted for loans on life insurance policies which you own?
Q. What is the name and address of the insurer?
Q. What is the amount of the loan?
Q. What is the date incurred?
Q. What was the purpose?
Q. How much is the monthly or other periodic payment?
Q. What is the amount of the current debt?
 
[Repeat for each debt]



12-51. Other Liabilities (Self)
 
Q. Do you have nay other liabilities?
Q. What is the name and address of the creditor?
Q. Who is the debtor?
Q. What is the amount of original debt?
Q. What is the date of incurring the debt?
Q. What was the purpose?
Q. How much is the monthly or other periodic payment?
Q. What is the amount of the current debt?
 
[Repeat for each debt]



12-52. Wage Deduction
 
Q. Is there is a wage deduction, judgment and/or order to pay out of income and earnings against you?
Q. What is the date when the deduction began?
Q. How much is taken from your earnings each week?
Q. What is the name and address of the creditor(s) to whom such income deduction(s) are paid?
Q. What is the balance due?
 
 
12-53. Expenses
 
[The following list is the schedule of expenses which is on the official form net worth affidavit. Ask the following question as to each separate expense item as appropriate]
 
Q. What are your (Current expenses) (needs in accordance with your Pre-separation standard of living) for yourself (and your child (ren))[3] on a (weekly) (monthly) (annual) basis for:
 
 
(a)                Housing:     
          1.       Mortgage/Co-op Loan     
          2.       Home Equity Line of Credit/Second Mortgage         
          3.       Real Estate Taxes (if not included in mortgage payment)  
          4.       Homeowners/Renter’s Insurance        
          5.       Homeowner’s Association/Maintenance charges/Condominium Charges
          6.       Rent  
          7.       Other
                              
(b)                Utilities:      
          1.       Fuel Oil/Gas
          2.       Electric       
          3.       Telephone (land line)      
          4.       Mobile Phone        
          5.       Cable/Satellite TV 
          6.       Internet       
          7.       Alarm
          8.       Water
          9.       Other
                   
(c)                Food:
          1.       Groceries   
          2.       Dining Out/Take Out       
          3.       Other          
                              
(d)                Clothing:     
          1.       Yourself      
          2.       Child (ren)   
          3.       Dry Cleaning         
          4.       Other
                               
(e)                Insurance:   
          1.       Life   
          2.       Fire, theft and liability and personal articles policy 
          3.       Automotive 
          4.       Umbrella Policy    
          5.       Medical Plan         
                    5A. Medical Plan for yourself (Including name of
           carrier and name of insured)     
                    5B. Medical Plan for children (Including name of 
           carrier and name of insured)     
          6.       Dental Plan 
          7.       Optical Plan
          8.       Disability    
        9.       Worker’s Compensation 
          10.     Long Term Care Insurance        
          11.     Other
                        
(f)                 Unreimbursed Medical:   
          1.       Medical       
          2.       Dental
          3.       Optical        
          4.       Pharmaceutical    
          5.       Surgical, Nursing, Hospital       
          6.       Psychotherapy     
          7.       Other
                              
(g)                Household Maintenance:           
          1.       Repairs/Maintenance      
          2.       Gardening/landscaping  
          3.       Sanitation/carting 
          4.       Snow Removal      
          5.       Extermination       
          6.       Other
                              
(h)                Household Help:  
          1.       Domestic (housekeeper, etc.)   
          2.       Nanny/Au Pair/Child Care
          3.       Babysitter   
          4.       Other
                        
 
(i)                 Automobile:  
                    Year: ______   Make: ________ Personal: _____ Business: ________    
          1.       Lease or Loan Payments (indicate lease term)        
          2.       Gas and Oil 
          3.       Repairs       
          4.       Car Wash    
          5.       Parking and tolls   
          6.       Other
                        
(j)                 Education Costs: 
          1.       Nursery and Pre-school  
          2.       Primary and Secondary   
          3.       College       
          4.       Post-Graduate      
          5.       Religious Instruction      
          6.       School Transportation    
          7.       School Supplies/Books  
          8.       School Lunches    
          9.       Tutoring     
          10.     School Events      
          11.     Child (ren)’s extra-curricular and educational enrichment activities (Dance, Music, Sports, etc.) 
          12.     Other
                        
(k)                Recreational:         
          1.       Vacations   
          2.       Movies, Theatre, Ballet, Etc.      
          3.       Music (Digital or Physical Media)        
          4.       Recreation Clubs and Memberships    
          5.       Activities for yourself     
          6.       Health Club 
          7.       Summer Camp      
          8.       Birthday party costs for your child (ren)        
          9.       Other
                     
(l)                 Income Taxes:       
          1.       Federal       
          2.       State 
          3.       City   
          4.       Social Security and Medicare    
          5.       Number of dependents claimed in prior tax year     
          6.       Indicate any refund received by you for prior tax year       
                              
(m)               Miscellaneous:      
          1.       Beauty parlor/Barber/Spa
          2.       Toiletries/Non-Prescription Drugs       
          3.       Books, magazines, newspapers
          4.       Gifts to others       
          5.       Charitable contributions 
          6.       Religious organizations dues    
          7.       Union and organization dues    
          8.       Commutation expenses  
          9.       Veterinarian/pet expenses        
        10.     Child support payments (for Child (ren) of a prior marriage or relationship pursuant to court order or agreement) 
          11.     Alimony and maintenance payments (prior marriage pursuant to court order or agreement)     
          12.     Loan payments     
          13.     Unreimbursed business expenses      
          14.     Safe Deposit Box rental fee       
                              
(n)                Other:         
          1.                
          2.                
          3.                



12-54. Contributions to Marital Property (Self)


Q. Have you contributed to your spouse's career?
Q. How?
Q. Have you contributed to your spouse's education?
Q. How?
Q. Have you contributed to your spouse's ________?
Q. How?
Q. Have you contributed to the acquisition of marital property?
Q. How?
Q. Have you contributed to the increase in value of marital property?
Q. Which property?
Q. How?
Q. What [direct] [indirect] contributions did you make to [your spouse's] [career], [education], [the acquisition of marital property], as a [spouse], [parent], [wage earner], [homemaker]?



12-55. Assets Transferred (Self)
 
Q. Have you during the last three (3) years, sold, transferred, gifted, or otherwise conveyed any interest in money or personal or real property with a value in excess of $_____dollars?
Q. Give a description of the property, including the date acquired and original cost?
Q. What is the date of the sale, transfer, or conveyance?
Q. What is the method of transfer or conveyance?
Q. What is the name and address of each purchaser or person receiving title and/or possession thereto?
Q. What is the amount received for said transfer, sale, or conveyance?
 
[Repeat for each transfer]



12-56. Assets Transferred (Spouse)
 
Q. Has your spouse during the last three (3) years, sold, transferred, gifted, or otherwise conveyed any interest in money or personal or real property with a value in excess of $___ dollars?
Q. Give a description of the property, including the date acquired and original cost?
Q. What is the date of the sale, transfer, or conveyance?
Q. What is the method of transfer or conveyance?
Q. What is the name and address of each purchaser or person receiving title and/or possession thereto?
Q. What is the amount received for said transfer, sale, or conveyance?
 
[Repeat for each transfer]



12-57. Efforts to Obtain Employment (Self)
 
Q. What efforts have you made to obtain employment?



12-58. Interim Support Arrears and Violation of Automatic Orders (Self)


[Interim Support Arrears]


Q. How much are you at present (paying) (receiving) $ __________ per (week) (month)?
Q. How much did you prior to separation (pay) (receive) $ __________ per (week) (month)?
Q. What did this cover expenses for?
Q. Were these payments made voluntarily and/or pursuant to court order?
Q. What is the date of the order?
Q. What does the order provide?
Q. Has your spouse fully complied with the order?
Q. In what way has your spouse failed to comply with the order?
Q. What items has your spouse failed to comply with?
Q. Do you have with you any bills or other writings relative to them?
Q. Is your spouse in arrears of the weekly payment of (maintenance) (child support)?
Q. How much is the arrears?
Q. How did you arrive at that sum?
Q. Are there arrears outstanding of a fixed sum?
Q. How much?
Q. How did you arrive at that amount?
Q. What does it represent?
Q. Are there any other obligations?



[Violation of automatic orders – Medical Insurance]
 
Q. Were you covered by a health insurance benefit plan at the date of commencement of this action?
Q. Were you the policyholder of this plan?
Q. Who was the policyholder of this plan?
Q. Who was the insurance carrier?
Q. What was the name of the plan?
Q. What type of plan was it?
Q. Was this coverage individual coverage?
Q. Was this coverage family coverage?
Q. Please explain in general what this plan covered.
Q. What was the annual premium?
Q. What was the monthly premium?
Q. Was there a deductible?
Q. How much was the deductible?
Q. Who paid the deductible?
Q. Did you continue to be covered by this plan after the commencement of this action?
Q. Were you covered by such plan after the commencement of this action?
Q. When did your coverage stop after the commencement of this action?
Q. Why did your coverage stop?
Q. Did you have any conversation with your spouse after he terminated your coverage?
Q. When?
Q. Where?
Q. What did you say to (her) (him)?
Q. What did (he) (she) say to you?
Q. Did your attorney communicate with your spouse’s attorney regarding this matter?
Q. Did your attorney receive a communication from your spouse’s attorney with regard to this matter?
 
Mark for identification copy of communication.
 
(By Counsel)
Q. I show you this document marked for identification as Exhibit __.
Q. Please identify it?’
Q. Is this the communication your attorney received from your spouse’s attorney?
 
(By Counsel)
 
I offer Exhibit _ for identification into evidence as an admission
 
Q. Have you obtained a health insurance plan with similar coverage?
Q. What have you obtained?
Q. Who is the insurance carrier?
Q. What type of plan is it?
Q. How is this plan similar to your former plan?
Q. How does this plan differ from your existing plan?
Q. How much is the premium for this plan?
Q. How much is the deductible for such plan?
 
Mark for identification copy of plan documents
 
(By counsel)
 
I ask that this document be marked for identification.
 
After the document is marked (Plaintiff's) (Defendant’s) Exhibit __ for identification.
 
(By Counsel)
 
I show you Exhibit __ for identification
 
Q.   Can you identify it?
Q.   What is it?
 
(By counsel)
 
 I offer (Plaintiff's) (Defendant’s) Exhibit __ into evidence.
 
 
Q. Please explain in general what this plan covers.
Q. What type of plan is it?
Q. Is this coverage individual coverage?
Q. Is this coverage family coverage?
Q. Do you have copies of the bills for this coverage with you?
 
Mark for identification copies of bills for coverage
 
(By counsel)
 
I ask that this document be marked for identification.
 
After the document is marked (Plaintiff's) (Defendant’s) Exhibit __ for identification.
 
(By Counsel)
 
I show you Exhibit __ for identification
 
Q.   Can you identify it?
Q.   What is it?
 
(By counsel)
 
 I offer (Plaintiff's) (Defendant’s) Exhibit __ into evidence.
 
(By Counsel)
 
Q. What has it cost you to date to maintain this coverage?
Q. How have you paid for this coverage?
Q. Do you have copies of the cancelled checks with you?
Please produce them.
 
(By counsel)
 
I ask that this document be marked for identification.
 
After the document is marked (Plaintiff's) (Defendant’s) Exhibit __ for identification.
 
(By Counsel)
 
I show you Exhibit __ for identification
 
Q.   Can you identify it?
Q.   What is it?
 
(By counsel)
 
 I offer (Plaintiff's) (Defendant’s) Exhibit __ into evidence.
 
 
 
12-59. Need to Reside in Marital Home (Self)
 
Q. Are you asking the court to award you exclusive occupancy of the marital home until _______________?
Q. Why?
Q. Have you looked for similar accommodations in the community?
Q. Are they available?
Q. Why not?
Q. What efforts did you make to find similar accommodations?
Q. What did they cost?



12-60. Need for Education or Training and Plans for Future (Self)
 
Q. What are your plans for the future to enable you to become fully self-supporting?
Q. How long will it take to accomplish your goal?
Q. Do you plan to undertake a course of (additional) study?
Q. What course of study do you want to undertake?
Q. What does it involve?
Q. What does it cost?
Q. How will you pay for it?



12-61. Need for Childcare (Self)
 
Q. Are you asking the court to direct your spouse to contribute to the cost of child care for your child (ren)?
Q. For whom?
Q. Why is it necessary?
Q. Is anyone providing child care now?
Q. Who (will be) (is) providing the child care?
Q. How frequently is it needed?
Q. What does it cost?
Q. Have you inquired as to whether less costly child care is available?
Q. Why (not)?
Q. What is the alternative if you do not have child care?
Q. Will your child (ren) needs for child care change in the near future?
Q. How will it change?
Q. What will the additional cost be?



12-62. Need for Nursery School, Private School, Religious School, College (Self)
 
Q. Are you asking the court to direct your spouse to contribute to the cost of ______ for your child (ren)?
Q. For whom?
Q. For what school?
Q. What schools (nursery) (private) (religious) and colleges has your spouse attended?
Q. What schools (nursery) (private) (religious) and colleges have you attended?
Q. What schools (nursery) (private) (religious) and college has (have) your child (ren) attended?
Q. Where is it located?
Q. When did she/he attend?
Q. What was the cost?
Q. On what basis?
Q. Who paid for it?
Q. How was it paid for?
Q. How did she/he do (scholastically) (socially)?
Q. How is she/he doing (scholastically) (socially)?
Q. Have you or your spouse attended (conferences) (activities) there?
Q. Who?
Q. When?
Q. Does she/he have any special skills, qualities or achievements?
Q. What are you asking the court to direct your spouse to contribute to?
Q. What is the cost?
Q. Do you have any documents with regard to it?
Q. Will your child (ren) needs with respect to school change next year?
Q. How will they change?
Q. Why are you requesting the court to direct your spouse to contribute to the cost of _____ for your child (ren)?
Q. What will it cost?



12-63. Support Requests (Self)
 
Q. How much do you request for the support of each child?
Q. How much do you request for support of yourself?



12-64. Camp, Teen Tour, Summer Activities (Self):
 
Q. Do (es) your child (ren) attend camp or special activities?
Q. Who?
Q. What (camp) (activities)?
Q. Where?
Q. How frequently?
Q. What does it cost?



12-67 Health Insurance (Self)
 
(By Counsel)
 
Q. Do you have any[4]  [medical], [dental], [optical], [prescription drug], [health care services] or [health care benefits] that are provided for you or your family through health insurance or health care coverage plans?
 
Q. Are you presently covered by a health insurance benefit plan?
Q. Are you the policyholder of this plan?
Q. Who is the policyholder of this plan?
Q. Who is the insurance carrier?
Q. What is the name of the plan?
Q. What type of plan is it?
Q. Is this coverage individual coverage?
Q. Is this coverage family coverage?
Q. Please explain in general what this plan covers?
Q. What is excluded?
Q. What is the annual premium?
Q. What is the monthly premium?
Q. Is there a deductible?
Q. How much is the deductible?
Q. What are the terms of the deductible?
Q. Is there a co-pay?
Q. What are the terms of the co-pay?
Q. Are you or your spouse required to make a contribution to receive these benefits?
Q. Under what circumstances will you lose coverage?
Q. Will you continue to be covered by this plan after the dissolution of your marriage?
Q. Why won’t you be covered by such plan after the dissolution of your marriage?
Q. Have you made inquiry as to the availability of a health insurance plan with similar coverage?
Q. What have you ascertained?
Q. Who is the insurance carrier?
Q. What type of plan is it?
Q. How is this plan similar to your existing plan?
Q. How does this plan differ from your existing plan?
Q. How much is the premium for this plan?
Q. How much is the deductible for such plan?
 
Q. How is your present health?
Q. Do you have any need of (unusual or extraordinary) (medical), (psychiatric), (psychological), or (dental care) or (special care), or (training) and/or have any special financial needs?
Q. (If yes) What are they?
Q. What is the name and address of your treating physician?
Q. What is the frequency of the treatment?
Q. What is the cost of the treatment?
Q. What is the nature of the treatment?
Q. What is the method of payment for the treatment?
Q. Who pays for the treatment?
 
(By Counsel)
 
Mark for identification copy of plan documents
 
Q. I show you this document which was marked for identification as Exhibit __. Do you recognize it?
Q. What is it?
Q. I offer it into evidence.



12-68 Health Insurance (Spouse)
 
Q. Do you know if your spouse is covered by health insurance benefits?
Q. Does your spouse presently have any [medical], [dental], [optical], [prescription drug], [health care services] or [health care benefits] that are provided for you or your family through health insurance or health care coverage plans?
Q. Who provides this plan for your spouse?
Q. Who is the policy holder of this plan?
Q. Who is the insurance carrier?
Q. What is the name of the plan?
Q. What type of plan is it?
Q. What benefits does the plan provide for you?
Q. Is this coverage individual coverage?
Q. Is this coverage family coverage?
Q. Please explain in general what this plan covers?
Q. What is excluded?
Q. What is the annual premium?
Q. What is the monthly premium?
Q. Is there a deductible?
Q. How much is the deductible?
Q. What are the terms of the deductible?
Q. Is there a co-pay?
Q. What are the terms of the co-pay?
Q. Are you or your spouse required to make a contribution to receive these benefits?
Q. Under what circumstances will you lose coverage?
 
Q. Will you continue to be covered by this plan after the dissolution of your marriage?
Q. Why won’t you be covered by such plan after the dissolution of your marriage?
Q. Have you made inquiry as to the availability of a health insurance plan with similar benefits?
Q. What have you ascertained?
Q. Who is the insurance carrier?
Q. What type of plan is it?
Q. How is this plan similar to your existing plan?
Q. How does this plan differ from your existing plan?
Q. How much is the premium for this plan?
Q. How much is the deductible for such plan?
 
(By Counsel)
 
Mark for identification copy of plan documents
 
Q. I show you this document which was marked for identification as Exhibit __. Do you recognize it?
Q. What is it?
Q. I offer it into evidence.
 
 
12-65. Health Care for Child Not Covered by Insurance and Cash Medical Support (Self)
               
 Q. Do you have any[5] [medical], [dental], [optical]  [prescription drug]  [health care services or other health care benefits] that may be provided for a dependent through an employer or organization or through other available health insurance or health care coverage plans that may be extended or obtained to cover your child? [6]
Q. (If yes) Who is the benefit provider?
Q. (If yes) What is the name of the plan?
Q. (If yes) What are the benefits which are provided?
Q. Does your spouse have any[7] [medical], [dental], [optical]  [prescription drug]  [health care services or other health care benefits] that may be provided for a dependent through an employer or organization or through other available health insurance or health care coverage plans that may be extended or obtained to cover your child? [8]
Q. (If yes) Who is the benefit provider?
 
Q. (If yes) What is the name of the plan?
Q. (If yes) What are the benefits which are provided?
Q. What, if anything, is the premium attributable to adding your child or children to existing coverage?
Q. What, if anything, is the difference between the costs for self-only and the costs for family coverage? [9]
Q. What, if anything, is the deductible attributable to adding your child or children to existing coverage?
Q. What, if anything, is the difference in the deductible between the costs for self-only and the costs for family coverage? [10]
Q. Does your child or children live within the geographic area covered by the plan?
Q. Does your child or children live within thirty minutes or thirty miles of travel time from the child's residence to the services covered by the health insurance benefits or through benefits provided under a reciprocal agreement?
Q. Does your child have special health needs or are there other circumstances that make such benefits not reasonably accessible to your child? [11]
Q. What is the cost of these health insurance benefits?
Q. How much is the combined parental gross income?
Q. How much is five percent of the combined parental gross income?
Q. Have you calculated what would be your share of the cost of these health insurance benefits?
Q. What is the amount you calculated your share to be?
Q. Does the cost of your share of these health insurance benefits exceed five percent of the combined parental gross income? [12]
Q. How much is the self-support reserve?
Q. Does your share of the cost of extending such health insurance coverage reduce your income below the self-support reserve”? [13]
Q. Do you believe that the cost of these health insurance benefits is unjust or inappropriate pursuant to the factors in Domestic Relations Law §240 (1-b) (f)? [14]
 
(By Counsel)
 
Mark for identification copy of plan documents
 
Q. I show you this document which was marked for identification as Exhibit __. Do you recognize it?
Q. What is it?
Q. I offer it into evidence.
 

12-70 Life Insurance (Self)
 
Q. Do you have life insurance?
Q. What is the insurer's name and address?
Q. What is the name of the insured?
Q. What is the policy number?
Q. What is the face amount of the policy?
Q. Who is the policy owner?
Q. What is the date you acquired this asset?
Q. What is the source of funds you used to acquire this asset?
Q. What is its current cash surrender value?
Q. Does your employer provide life insurance coverage?
Q. (If yes) Would you please describe the coverage?
Q. Are you obliged to pay for all or any part of the benefits?
Q. (If yes) Would you please explain?
Q. What is the amount of those payments and/or contributions?
 
(By Counsel)
 
Mark for identification copy of plan documents
 
Q. I show you this document which was marked for identification as Exhibit __. Do you recognize it?
Q. What is it?
Q. I offer it into evidence.
 
 
Are there loans on any of your life insurance policies?
 
Q. What is the name and address of the insurer?
Q. What is the amount of the loan?
Q. What is the date incurred?
Q. What was the purpose?
Q. How much is the monthly or other periodic payment?
Q. What is the amount of the current debt?
 
(By Counsel)
 
Mark for identification copy of loan documents
 
Q. I show you this document which was marked for identification as Exhibit __. Do you recognize it?
Q. What is it?
Q. I offer it into evidence.
 
 
[Repeat series of questions for each policy]
 

12-71 Life Insurance (Spouse)
 
Q. Does your spouse have life insurance?
Q. What is the insurer's name and address?
Q. What is the name of the insured?
Q. What is the policy number?
Q. What is the face amount of the policy?
Q. Who is the policy owner?
Q. What is the date your spouse acquired this asset?
Q. What is the source of funds your spouse used to acquire this asset?
Q. What is its current cash surrender value?
Q. Does your spouses’ employer provide life insurance coverage?
Q. (If yes) Would you please describe the coverage?
Q. Is your spouse obliged to pay for all or any part of the benefits?
Q. (If yes) Would you please explain?
Q. What is the amount of those payments and/or contributions?
 
Mark for identification copy of plan documents
 
Q. I show you this document which was marked for identification as Exhibit __. Do you recognize it?
Q. What is it?
Q. I offer it into evidence.
 
 
Are there loans on any of your spouse’s life insurance policies?
 
Q. What is the name and address of the insurer?
Q. What is the amount of the loan?
Q. What is the date incurred?
Q. What was the purpose?
Q. How much is the monthly or other periodic payment?
Q. What is the amount of the current debt?
 
(By Counsel)
 
Mark for identification copy of loan documents
 
Q. I show you this document which was marked for identification as Exhibit __. Do you recognize it?
Q. What is it?
Q. I offer it into evidence.
 
[Repeat series of questions for each policy]
 

12-66. Counsel Fee Requirements (Self)


(By Counsel)
 
Q. Do you have a retainer agreement with your attorney?
Q. What is the date of the agreement?
Q. Please produce it?
 
[Mark it for identification]
 
Q. Is that the retainer agreement?
 
[Offer it into evidence]
 
Q. What does it provide?
Q. How much do you presently owe your attorney?
Q. Has your attorney rendered to you bills or statements?
Q. Please produce them.
Q. Are those the statements your attorney rendered to you?
Q. How much do you request for counsel fees or disbursements?
Q. How much have you paid counsel?
Q. Has anyone paid any of such fees on your behalf?
Q. Who?
Q. How much?
Q. Has anyone promised to pay such fees on your behalf?
Q. Who?
Q. How much?
Q. Has anyone loaned you any money to pay such fees?
Q. Who?
Q. How much?
 

12-67. Accountant, Appraisal and Expert Fees (Self)
 
Q. Do you have a retainer agreement with your accountant?
Q. What is the date of the agreement?
Q. Please produce it.
 
[Mark it for identification]
 
Q. Is that the retainer agreement?
 
[Offer it into evidence]


Q. What does it provide?
Q. How much do you presently owe your accountant?
Q. Has your accountant rendered to you bills or statements?
Q. Please produce them.
Q. Are those the statements your accountant rendered to you?
Q. How much do you request for accountants’ fees and disbursements?
Q. Has anyone paid any of such fees on your behalf?
Q. Who?
Q. How much?
Q. Has anyone promised to pay such fees on your behalf?
Q. Who?
Q. How much?
Q. Has anyone loaned you any money to pay such fees?
Q. Who?
Q. How much?
 
 
Q. Do you have a retainer agreement with your [appraiser] [expert]?
Q. What is the date of the agreement?
Q. Please produce it.
 
[Mark it for identification]
 
Q. Is that the retainer agreement?
 
[Offer it into evidence]
 
Q. What does it provide?
Q. How much do you presently owe your [appraiser] [expert]?
Q. Has your [appraiser] [expert] rendered to you bills or statements?
Q. Please produce them.
 
[Mark them for identification]
 
Q. Are those the statements your [appraiser] [expert] rendered to you?
 
[Offer them into evidence]
 
Q. How much do you request for [appraisal fees] [expert fees] and disbursements?
Q. Has anyone paid any of such fees on your behalf?
Q. Who?
Q. How much?
Q. Has anyone promised to pay such fees on your behalf?
Q. Who?
Q. How much?
Q. Has anyone loaned you any money to pay such fees?
Q. Who?
Q. How much?



     [1]  1 McCormick on Evidence (5th Ed.) § 10. See, e.g., People v. Di Loretto, 150 A.D.2d 920, 922, 541 N.Y.S.2d 260, 261 (3d Dep't).

     [2]  2 Wigmore § 657, at 889. See Hallenbeck v. Vogt, 9 A.D.2d 836, 192 N.Y.S.2d 945 (3d Dep't 1959). See also   Overseas Trust Bank v. Poon, 181 A.D.2d 762, 763, 581 N.Y.S.2d 92, 93 (2d Dep't 1992) (trial court properly excluded testimony of defendant's husband concerning wife's overseas travels during certain time period where it was "clear" that husband lacked personal knowledge).
 

          [3]  allocate the expenses between yourself and your child(ren)

      [4]   If there is an objection to this question on the ground that it is a multiple question rephrase the question and ask separate questions with regard to each bracketed item. 

      [5]   If there is an objection to this question on the ground that it is a multiple question rephrase the question and ask separate questions with regard to each bracketed item. 

      [6]  Domestic Relations Law § 240 1. (a) (1)

      [7]   If there is an objection to this question on the ground that it is a multiple question rephrase the question and ask separate questions with regard to each bracketed item. 

     [8]  Domestic Relations Law § 240 1. (a)

     [9]  Domestic Relations Law § 240 1. (a) (3)

     [10]  Domestic Relations Law § 240 1. (a) (3)

     [11]  Domestic Relations Law § 240 1. (a) (3)

     [12]  Domestic Relations Law § 240 1. (a) (3)

     [13]  Domestic Relations Law § 240 1. (a) (3). The non-custodial parent's cash medical support obligation may not exceed five percent of his or her gross income, or the difference between the non-custodial parent's income and the self-support reserve, whichever is less. Domestic Relations Law §240 (1-b), (c) (5), as added by Laws of 2009, Ch. 215, §2.   Family Court Act §413 (1) (c) (5), as added by Laws of 2009, Ch. 215, §1.

     [14]  Domestic Relations Law §240 (1-b), (c) (5) (vi) (A), as added by Laws of 2009, Ch. 215, §2. Family Court Act §413, subdivision 1 (c) (5) (vi) (A), as added by Laws of 2009, Ch. 215, §1.
​
​

---

​The material on our website is from  the New York Matrimonial Trial Handbook , by Joel R. Brandes of the New York Bar. It focuses on the procedural and substantive law, as well as the law of evidence, that an attorney must have at his or her fingertips when trying a New York matrimonial action or custody case.  It is intended to be an aide for preparing for a trial and as a reference for the procedure in offering and objecting to evidence during a trial.  There are numerous questions for the examination and cross-examination of witnesses. 

​Joel R. Brandes Consulting Services, Inc. ​publishes The ​New York Matrimonial Trial Handbook . It is available in Bookstores, and online in the print edition at  Amazon,  Barnes & Noble, Goodreads and other online book sellers.  

The New York Matrimonial Trial Handbook  is  available in Kindle ebook editions and epub ebook editions for all ebook readers in our website bookstore and in hard cover at our Bookbaby Bookstore. 

Joel R. Brandes Consulting Services, Inc.   
2881 NE 33rd Court (At Dock)
Ft. Lauderdale, Florida 33306.
Telephone (954) 564-9883.
email to:[email protected].

​​Joel R. Brandes Consulting Services, Inc is a Florida corporation  which is owned and operated  by 
​Joel R. Brandes of The New York Law Firm of Joel R. Brandes. P.C. 

​This website is published by ​Joel R. Brandes Consulting Services, Inc., and written by Joel R. Brandes of The Law Firm of Joel R. Brandes. P.C.  Mr. Brandes has been recognized by the Appellate Division* as a "noted authority and expert on New York family law and divorce.” He is the author of  the treatise Law and The Family New York, 2d (9 volumes),Law and the Family New York Forms 2d (5 Volumes), Law and the Family New York Forms 2019 Edition (5 volumes)(Thomson Reuters),  and the New York Matrimonial Trial Handbook. Click here to visit New York Divorce and Family Law ™ the definitive site on the web for New York divorce and family law, presented by Joel R. Brandes of the Law Firm of Joel R. Brandes, P.C., 43 West 43rd Street, New York, New York 10036. (212) 859-5079.