N.Y. Domestic Relations Law § 238

NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 238 — Expenses in enforcement and modification proceedin DRL § 238 Expenses in enforcement and modification proceedings ARTICLE 13 Provisions Applicable to More Than One Type of Matrimonial Action § 238. Expenses in enforcement and modification proceedings. In anyaction or proceeding to enforce or modify any provision of a judgment ororder entered in an action for divorce, separation, annulment,declaration of nullity of a void marriage, declaration of validity ornullity of a judgement of divorce rendered against a spouse who was thedefendant in any action outside the state of New York and did not appeartherein where such spouse asserts the nullity of such foreign judgment,or an injunction restraining the prosecution in any other jurisdictionof an action for a divorce, or in any proceeding pursuant to section twohundred forty-three, two hundred forty-four, two hundred forty-five, ortwo hundred forty-six of this article, the court may in its discretionrequire either party to pay counsel fees and fees and expenses ofexperts directly to the attorney of the other party to enable the otherparty to carry on or defend the action or proceeding as, in the court'sdiscretion, justice requires having regard to the circumstances of thecase and of the respective parties. There shall be a rebuttablepresumption that counsel fees shall be awarded to the less moniedspouse. In any such action or proceeding, applications for fees andexpenses may be maintained by the attorney for the respective parties incounsel's own name and in counsel's own behalf. In exercising thecourt's discretion, the court shall seek to assure that each party shallbe adequately represented and that where fees and expenses are to beawarded, they shall be awarded on a timely basis, pendente lite, so asto enable adequate representation from the commencement of theproceeding. Applications for the award of fees and expenses may be madeat , they shall be awarded on a timely basis, pendente lite, so asto enable adequate representation from the commencement of theproceeding. Applications for the award of fees and expenses may be madeat any time or times prior to final judgment. Both parties to the actionor proceeding and their representative attorneys, shall file anaffidavit with the court detailing the financial agreement between theparty and the attorney. Such affidavit shall include the amount of anyretainer, the amounts paid and still owing thereunder, the hourly amountcharged by the attorney, the amounts paid, or to be paid, any experts,and any additional costs, disbursements or expenses. Payment of anyretainer fees to the attorney for the petitioning party shall notpreclude any awards of fees and expenses to an applicant which wouldotherwise be allowed under this section. Source: NYSenate.gov Open Legislation | Laws of New York Page 1