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NY A07569
Bill
Status
8/13/2010
Primary Sponsor
Sandra Galef
Click for details
AI Summary
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Amends Domestic Relations Law to create a rebuttable presumption that counsel fees and expert expenses shall be awarded to the less monied spouse in matrimonial actions, annulment proceedings, and related custody or maintenance matters.
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Requires courts to award fees and expenses on a timely, pendente lite basis from the commencement of proceedings to ensure adequate representation for both parties.
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Expands categories of actions eligible for fee awards to include maintenance or property distribution following foreign divorce judgments and enforcement or modification of existing judgments or orders.
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Mandates both parties and their attorneys file affidavits with the court detailing financial agreements, including retainer amounts, hourly rates, expert fees, and disbursements.
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Allows applications for fees and expenses to be made at any time prior to final judgment and permits attorneys to maintain applications in their own names; effective 120 days after enactment for actions commenced on or after the effective date.
Legislative Description
Provides for the payment of all counsel and expert fees in matrimonial actions by the more monied party to such action; adds actions to obtain maintenance or distribution of property after a foreign judgment of divorce to the actions for which such fees shall be awarded; directs the court to assure that each party is adequately represented; such actions shall also include actions to enforce a court order.
Last Action
signed chap.329
8/13/2010