Domestic Relations Law (DRL) §238 provides, in part, that in any action or proceeding to enforce or modify any provision of a judgment or order entered in an action for divorce or in any proceeding pursuant to DRL §§243, 244, 245 or 246 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. DRL (DRL) §238 as amended by Laws of 2010, Ch. 329, §2, effective Oct. 12, 2010.

Applications for fees and expenses may be maintained by the attorneys for the respective parties in the counsel’s own name and in counsel’s own behalf. Applications may be made at any time or times prior to final judgment. The payment of any retainer fees to the attorney for the petitioning party does not preclude any awards of fees and expenses to an applicant which would otherwise be allowed under DRL §238.

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