C.P. v D.M.

Holding The Appellate Division reversed the lower court’s award of interim post-judgment counsel fees because the record lacked a required determination that the defendant was the less monied spouse. Additionally, the court vacated the order requiring the plaintiff to pay fifty percent of the forensic evaluator’s retainer, finding no substantially changed circumstances to justify the expense.

The court’s words

Before Supreme Court could grant defendant's motion and award interim counsel fees, it was obligated to make a determination that defendant was now the less monied spouse

2026 NY Slip Op 05903, at the official text

Here, the record only reflects a summary award of fees without regard to any fact-finding determination on the merits of defendant's claim

2026 NY Slip Op 05903, at the official text

There is nothing in the record reflecting any substantially changed circumstances warranting modification of the order

2026 NY Slip Op 05903, at the official text