New York Laws
Article 13 - Provisions Applicable to More Than One Type of Matrimonial Action
237 - Counsel Fees and Expenses.

(b) Upon any application to enforce, annul or modify an order or
judgment for alimony, maintenance, distributive award, distribution of
marital property or for custody, visitation, or maintenance of a child,
made as in section two hundred thirty-six or section two hundred forty
of this article provided, or upon any application by writ of habeas
corpus or by petition and order to show cause concerning custody,
visitation or maintenance of a child, the court may direct a spouse or
parent to pay counsel fees and fees and expenses of experts directly to
the attorney of the other spouse or parent to enable the other party to
carry on or defend the application or proceeding by the other spouse or
parent 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 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 respective
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. Any applications for fees and expenses may be
maintained by the attorney for either spouse in counsel's own name in
the same proceeding. 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.
(c) In any action or proceeding for failure to obey any lawful order
compelling payment of support or maintenance, or distributive award the
court shall, upon a finding that such failure was willful, order
respondent to pay counsel fees to the attorney representing the
petitioner.
(d) The term "expenses" as used in subdivisions (a) and (b) of this
section shall include, but shall not be limited to, accountant fees,
appraisal fees, actuarial fees, investigative fees and other fees and
expenses that the court may determine to be necessary to enable a spouse
to carry on or defend an action or proceeding under this section. In
determining the appropriateness and necessity of fees, the court shall
consider:
1. The nature of the marital property involved;
2. The difficulties involved, if any, in identifying and evaluating
the marital property;
3. The services rendered and an estimate of the time involved; and
4. The applicant's financial status.