On January 03, 2024 a
Exhibit,Appendix
was filed
involving a dispute between
Cassandra Bielby,
and
for Other Matters - Name Change/Sex Designation Change
in the District Court of Madison County.
Preview
FILED: MADISON COUNTY CLERK 01/03/2024 09:18 AM INDEX NO. EF2024-1014
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/03/2024
At a term of the New York State Supreme
-3 Court at the Madison County Courthouse,
located in the Village of Wamspville, NY,
on March 29, 2016.
Present: Hon. Donald F. Cerio, Jr.
Acting Supreme Court Justice.
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Cassandra Eddy,
Plaintiff, Index No.: 2016-1572
- against-
JUDGMENT OF DIVORCE
Dustin Eddy,
Defendant.
X
EACH PARTY HAS A RIGHT TO SEEK A MODIFICATION OF THE CHILD
SUPPORT ORDER UPON A SHOWING OF: (I) A SUBSTANTIAL CHANGE IN
CIRCUMSTANCES; OR (II) THAT THREE YEARS HAVE PASSED SINCE THE
ORDER WAS ENTERED, LAST MODIFIED OR ADJUSTED; OR (IU) THERE HAS
BEEN A CHANGE IN EITHER PARTY'S GROSS INCOME BY FIFTEEN PERCENT
OR MORE SINCE THE ORDER WAS ENTERED, LAST MODIFIED, OR ADJUSTED;
HOWEVER, IF THE PARTIES HAVE SPECIFICALLY OPTED OUT OF
SUBPARAGRAPH (II) OR (III) OF THIS PARAGRAPH IN A VALIDLY EXECUTED
AGREEMENT OR STIPULATION, THEN THAT BASIS TO SEEK MODIFICATION
DOES NOT APPLY.
EITHER PARTY MAY MAKE AN APPLICATION TO HAVE CHILD SUPPORT
COLLECTION THROUGH THE CHILD SUPPORT COLLECTION UNIT, BY
PRESENTING A COPY OF THIS JUDGMENT TO THEIR LOCAL CHILD SUPPORT
COLLECTION UNIT [11-g of the Social Services Law] AND COMPLETING THE
REQUIRED APPLICATION [CURRENTLY FORM LDSS-4882. SEE
www.childsupport.ny.gov] EITHER PARTY MAY ALSO MAKE APPLICATION TO
HAVE CHILD SUPPORT PAID VIA AN INCOME DEDUCTION ORDER PURSUANT
TO CPLR §5242. THE PAYMENT OF AN ADMINISTRATIVE FEE MAY BE
REQUIRED.
29h
This action was submitted to this court for inquest on this day of March, 2017. The
Defendant was served personally within the State of New York. Plaintiff presented a Verified
Complaint and Affidavit of Plaintiff constituting the facts of the matter. The Defendant has
appeared and waived his right to answer. The Court accepted written proof of non-military
status.
The Plaintiff's address is 411 S. Peterboro Street, Canastota, New York , and social security
number is xxx-xx-7461. The Defendant's address is 4312 Seeber New York,
Road, Canastota,
and social security number is xxx-xx-5623.
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FILED: MADISON COUNTY CLERK 01/03/2024 09:18 AM INDEX NO. EF2024-1014
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/03/2024
NOW on motion of the Plaintiff, Cassandra Eddy, it is:
ORDERED, ADJUDGED AND DECREED that the marriage between the Plaintiff
Cassandra Eddy and the Defendant Dustin Eddy is hereby dissolved by reason of the
irretrievable breakdown of the marriage pursuant to DRL § 170(7); and it is further
ORDERED AND ADJUDGED that the Plaintiff and Defendant shall have joint custody of
the minor children of the marriage, Dustin (dob 2006) and Lynnsey (dob 2008), with primary
physical custody granted to the Plaintiff with liberal visitation to be granted the Defendant as
agreed upon by the parties with no less than 24 hour notice, and neither party to be denied access
to the children on any major holiday; and it is further
ADJUDGED that each party is hereby notified of the results of the mandated records
check [DRL § 240(1)(a-1)]: No adverse records were found. The Court took the results of said
parties'
inquiry into consideration when approving the custody and visitation agreement; and it is
further.
ORDERED AND ADJUDGED that there is no award of maintenance; and it is further
ORDERED AND ADJUDGED that pursuant to the Court's decision, as set forth in the
parties'
findings of facts, as and for the support of the unemancipated children of the marriage
(Dustin dob 2006 and Lynnsey dob 2008): the Defendant shall pay directly to the Plaintiff the
sum of $350 bi-weekly; the Defendant shall pay to the Plaintiff $250 per child each fall for
school clothes and $150 per child each spring for clothes; the Defendant shall be solely
responsible for providing health insurance for the children of the marriage; and the parties shall
split all out of pocket health expenses, child care, and educational expenses 43% to the Plaintiff
and 57% to the Defendant; and it is further
ORDERED AND ADJUDGED that both parties shall immediately notify the other of
any change in health insurance benefits, including any termination of benefits, change in the
health insurance benefit carrier, premium, or extent and availability of existing or new benefits;
and it is further
ORDERED AND ADJUDGED that both parties are authorized to resume the use of any
former surname, and the Plaintiff may resume use of the surname Cerio if she so desires; and it
is further
ORDERED AND ADJUDGED that the Defendant shall be served with a copy of this
judgment, with notice of entry, by the Plaintiff, within 14 days of such entry.
ENTER
Dated: May 3 , 2017
Wampsville, New York Hon. Donald Cerio, Jr., AJSC
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