Assembly Bill A8305

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8305
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 12, 2025
                                ___________
 
 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:
 
   Section 1. The civil practice law and rules is amended by adding a new
 rule 4533-c to read as follows:
   RULE  4533-C.  REBUTTABLE  PRESUMPTION  OF  EXPENSES  IN   MATRIMONIAL
 ACTIONS.  1. THIS RULE APPLIES TO ALL ACTIONS WHEREIN ALL OR PART OF THE
 RELIEF SOUGHT IS DIVORCE, ALL  ACTIONS  BROUGHT  IN  SUPREME  COURT  FOR
 CUSTODY  OR VISITATION, ALL APPLICATIONS TO MODIFY A SUPREME COURT ORDER
 OF CUSTODY OR VISITATION, ALL ACTIONS WHEREIN ALL OR PART OF THE  RELIEF
 SOUGHT  IS THE DISSOLUTION, ANNULMENT OR DECLARATION OF THE NULLITY OF A
 MARRIAGE, ALL PROCEEDINGS TO OBTAIN A DISTRIBUTION OF  MARITAL  PROPERTY
 FOLLOWING   A   FOREIGN  JUDGMENT  OF  DIVORCE,  AND  ALL  POST-JUDGMENT
 PROCEEDINGS FOLLOWING A JUDGMENT OF DIVORCE.
   2. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN RULE FOUR THOUSAND FIVE
 HUNDRED THIRTY-THREE-A OF THIS ARTICLE,  THERE  SHALL  BE  A  REBUTTABLE
 PRESUMPTION  THAT AN ITEMIZED BILL OR INVOICE, RECEIPTED OR MARKED PAID,
 FOR  COURT-ORDERED  OBLIGATIONS,  CHILD  RELATED   EXPENSES,   HOUSEHOLD
 EXPENSES,  GOODS,  SERVICES OR REPAIRS IN AN AMOUNT NOT IN EXCESS OF TEN
 THOUSAND DOLLARS SHALL BE ADMISSIBLE IN  EVIDENCE  AND  ESTABLISHES  THE
 NECESSITY  OF  AND  REPRESENTS  THE  REASONABLE  VALUE OF SUCH EXPENSES,
 GOODS, SERVICES OR REPAIRS ITEMIZED THEREIN IN ANY ACTION OR  PROCEEDING
 SET  FORTH IN SUBDIVISION ONE OF THIS RULE, PROVIDED THAT IT IS ACCOMPA-
 NIED BY AN AFFIRMATION BY THE PERSON, FIRM OR CORPORATION, OR AN AUTHOR-
 IZED AGENT OR EMPLOYEE THEREOF, PROVIDING  SUCH  GOODS  OR  SERVICES  OR
 MAKING  SUCH  REPAIRS  AND  CHARGING  FOR  THE SAME, STATING THAT (A) IT
 PROVIDED THE GOODS OR  SERVICES  OR  MADE  THE  REPAIRS  FOR  WHICH  THE
 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
 
 PAYMENT RECEIVED THEREFOR WILL BE REFUNDED TO THE DEBTOR,  AND  (C)  THE
 AMOUNTS  ITEMIZED  THEREIN ARE THE USUAL AND CUSTOMARY RATES CHARGED FOR
 SUCH EXPENSES,  GOODS,  SERVICES  OR  REPAIRS  BY  THE  AFFIANT  OR  THE
 AFFIANT'S  EMPLOYER; AND PROVIDED FURTHER THAT A TRUE COPY OF SUCH ITEM-
 IZED BILL OR INVOICE TOGETHER WITH A NOTICE OF  INTENTION  TO  INTRODUCE
 SUCH  BILL OR INVOICE INTO EVIDENCE PURSUANT TO THIS RULE, INDICATING ON
 ITS FACE THAT ANY OBJECTIONS MUST BE IN WRITING AND SET FORTH THE  BASIS
 FOR  SUCH  OBJECTION  OR OBJECTIONS, IS SERVED UPON THE ADVERSE PARTY NO
 LATER THAN THIRTY DAYS PRIOR TO TRIAL.  SUCH PRESUMPTION MAY BE REBUTTED
 AT TRIAL ONLY IF THE ADVERSE PARTY HAS SERVED ON  THE  PARTY  SUBMITTING
 THE  BILL OR INVOICE AND FILED WITH THE COURT A WRITTEN NOTICE OF INTEN-
 TION TO REBUT SUCH BILL OR INVOICE SETTING  FORTH  THE  BASIS  FOR  SUCH
 OBJECTION OR OBJECTIONS NO LATER THAN FIFTEEN DAYS PRIOR TO TRIAL.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law and shall apply to matrimonial actions commenced on or
 after such date.