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S T A T E O F N E W Y O R K
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8305
2025-2026 Regular Sessions
I N A S S E M B L Y
May 12, 2025
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Introduced by M. of A. BERGER -- (at request of the Unified Court
System) -- read once and referred to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to
expenses in matrimonial actions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The civil practice law and rules is amended by adding a new
2 rule 4533-c to read as follows:
3 RULE 4533-C. REBUTTABLE PRESUMPTION OF EXPENSES IN MATRIMONIAL
4 ACTIONS. 1. THIS RULE APPLIES TO ALL ACTIONS WHEREIN ALL OR PART OF THE
5 RELIEF SOUGHT IS DIVORCE, ALL ACTIONS BROUGHT IN SUPREME COURT FOR
6 CUSTODY OR VISITATION, ALL APPLICATIONS TO MODIFY A SUPREME COURT ORDER
7 OF CUSTODY OR VISITATION, ALL ACTIONS WHEREIN ALL OR PART OF THE RELIEF
8 SOUGHT IS THE DISSOLUTION, ANNULMENT OR DECLARATION OF THE NULLITY OF A
9 MARRIAGE, ALL PROCEEDINGS TO OBTAIN A DISTRIBUTION OF MARITAL PROPERTY
10 FOLLOWING A FOREIGN JUDGMENT OF DIVORCE, AND ALL POST-JUDGMENT
11 PROCEEDINGS FOLLOWING A JUDGMENT OF DIVORCE.
12 2. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN RULE FOUR THOUSAND FIVE
13 HUNDRED THIRTY-THREE-A OF THIS ARTICLE, THERE SHALL BE A REBUTTABLE
14 PRESUMPTION THAT AN ITEMIZED BILL OR INVOICE, RECEIPTED OR MARKED PAID,
15 FOR COURT-ORDERED OBLIGATIONS, CHILD RELATED EXPENSES, HOUSEHOLD
16 EXPENSES, GOODS, SERVICES OR REPAIRS IN AN AMOUNT NOT IN EXCESS OF TEN
17 THOUSAND DOLLARS SHALL BE ADMISSIBLE IN EVIDENCE AND ESTABLISHES THE
18 NECESSITY OF AND REPRESENTS THE REASONABLE VALUE OF SUCH EXPENSES,
19 GOODS, SERVICES OR REPAIRS ITEMIZED THEREIN IN ANY ACTION OR PROCEEDING
20 SET FORTH IN SUBDIVISION ONE OF THIS RULE, PROVIDED THAT IT IS ACCOMPA-
21 NIED BY AN AFFIRMATION BY THE PERSON, FIRM OR CORPORATION, OR AN AUTHOR-
22 IZED AGENT OR EMPLOYEE THEREOF, PROVIDING SUCH GOODS OR SERVICES OR
23 MAKING SUCH REPAIRS AND CHARGING FOR THE SAME, STATING THAT (A) IT
24 PROVIDED THE GOODS OR SERVICES OR MADE THE REPAIRS FOR WHICH THE
25 EXPENSES WERE INCURRED IN THE AMOUNT INDICATED, (B) NO PART OF THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09034-02-5
A. 8305 2
1 PAYMENT RECEIVED THEREFOR WILL BE REFUNDED TO THE DEBTOR, AND (C) THE
2 AMOUNTS ITEMIZED THEREIN ARE THE USUAL AND CUSTOMARY RATES CHARGED FOR
3 SUCH EXPENSES, GOODS, SERVICES OR REPAIRS BY THE AFFIANT OR THE
4 AFFIANT'S EMPLOYER; AND PROVIDED FURTHER THAT A TRUE COPY OF SUCH ITEM-
5 IZED BILL OR INVOICE TOGETHER WITH A NOTICE OF INTENTION TO INTRODUCE
6 SUCH BILL OR INVOICE INTO EVIDENCE PURSUANT TO THIS RULE, INDICATING ON
7 ITS FACE THAT ANY OBJECTIONS MUST BE IN WRITING AND SET FORTH THE BASIS
8 FOR SUCH OBJECTION OR OBJECTIONS, IS SERVED UPON THE ADVERSE PARTY NO
9 LATER THAN THIRTY DAYS PRIOR TO TRIAL. SUCH PRESUMPTION MAY BE REBUTTED
10 AT TRIAL ONLY IF THE ADVERSE PARTY HAS SERVED ON THE PARTY SUBMITTING
11 THE BILL OR INVOICE AND FILED WITH THE COURT A WRITTEN NOTICE OF INTEN-
12 TION TO REBUT SUCH BILL OR INVOICE SETTING FORTH THE BASIS FOR SUCH
13 OBJECTION OR OBJECTIONS NO LATER THAN FIFTEEN DAYS PRIOR TO TRIAL.
14 § 2. This act shall take effect on the sixtieth day after it shall
15 have become a law and shall apply to matrimonial actions commenced on or
16 after such date.