2013 New York Consolidated Laws
DOM - Domestic Relations
Article 13 - (230 - 255) PROVISIONS APPLICABLE TO MORE THAN ONE TYPE OF MATRIMONIAL ACTION
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.