N.Y. Domestic Relations Law § 238: Expenses in enforcement and modification proceedings

§ 238. Expenses in enforcement and modification proceedings. In any

action or proceeding to enforce or modify any provision of a judgment or

order entered in an action for divorce, separation, annulment,

declaration of nullity of a void marriage, declaration of validity or

nullity of a judgement of divorce rendered against a spouse who was the

defendant in any action outside the state of New York and did not appear

therein where such spouse asserts the nullity of such foreign judgment,

or an injunction restraining the prosecution in any other jurisdiction

of an action for a divorce, or in any proceeding pursuant to section two

hundred forty-three, two hundred forty-four, two hundred forty-five, or

two hundred forty-six of this article, the court may in its discretion

require either party to pay counsel fees and fees and expenses of

experts directly to the attorney of the other party to enable the other

party to carry on or defend the action or proceeding as, in the court's

discretion, justice requires having regard to the circumstances of the

case and of the respective parties. There shall be a rebuttable

presumption that counsel fees shall be awarded to the less monied

spouse. In any such action or proceeding, applications for fees and

expenses may be maintained by the attorney for the respective parties in

counsel's own name and in counsel's own behalf. In exercising the

court's discretion, the court shall seek to assure that each party shall

be adequately represented and that where fees and expenses are to be

awarded, they shall be awarded on a timely basis, pendente lite, so as

to enable adequate representation from the commencement of the

proceeding. Applications for the award of fees and expenses may be made

at any time or times prior to final judgment. Both parties to the action

or proceeding and their representative attorneys, shall file an

affidavit with the court detailing the financial agreement between the

party and the attorney. Such affidavit shall include the amount of any

retainer, the amounts paid and still owing thereunder, the hourly amount

charged by the attorney, the amounts paid, or to be paid, any experts,

and any additional costs, disbursements or expenses. Payment of any

retainer fees to the attorney for the petitioning party shall not

preclude any awards of fees and expenses to an applicant which would

otherwise be allowed under this section.