 COUNSEL FEES & EXPERT FEES |
| |
| |
|
The spouse who is possessed of less money may seek an order requiring the
other spouse to pay his or her counsel fees (attorney fees) and expenses.
Counsel fees are awarded to ensure a level playing field, so that each party
is able to carry on or defend the matrimonial proceeding. The laws of the
State of New York recognize that equity requires that each spouse be free
from economic dominance, such that that each case is decided on the merits,
rather than by “the weight of the wealthier litigant’s wallet.”
In addition to counsel fees, expenses for which payment can be sought from
the other spouse include accountant’s fees, appraisal fees, investigative fees,
and the fees of other experts. When one spouse has willfully violated a court
order by failing to pay a sum of money, the court is required to make an
award of reasonable counsel fees.
Effective October 12, 2010, the New York State Domestic Relations Law
was amended to provide a rebuttable presumption that counsel fees shall
be awarded to the less monied spouse. This is geared toward helping the
Court ensure that each party has adequate representation throughout the
proceedings.
Factors for the court to consider, upon an application for counsel fees, include
the complexity of the litigation; the financial circumstances of each party;
the nature of the legal services provided; and the skill and experience of the
applicant’s attorney. An experienced and thorough matrimonial practitioner
will ensure that his client is afforded adequate representation, and will seek
awards of counsel fees and expert fees necessary to protect his client’s
interests.
|
| |
|
|
| |
|
|
 |
 |
| Mark I Plaine, ESQ |
|
|
| |
|
