Relates to expenses in matrimonial actions; establishes there is a rebuttable presumption that certain itemized bills or invoices shall be admissible in evidence.
Summary
A08305 amends the Civil Practice Law and Rules to create a new rule governing proof of certain expenses in matrimonial actions. The bill applies to divorce cases, custody and visitation matters, proceedings to modify custody or visitation orders, annulment or nullity actions, post-judgment divorce proceedings, and proceedings involving distribution of marital property after a foreign divorce judgment.
The core change is a rebuttable presumption that itemized bills or invoices up to $10,000 for court-ordered obligations, child-related expenses, household expenses, goods, services, or repairs are admissible in evidence and establish both the necessity of the expense and its reasonable value. To use the presumption, the submitting party must provide an affirmation from the provider or authorized agent stating the goods or services were provided, no payment will be refunded to the debtor, and the charges are usual and customary. The bill also requires advance service of the invoice and notice of intent to introduce it at least 30 days before trial, and it allows the opposing party to rebut only by serving and filing a written notice of intent to rebut at least 15 days before trial.
Impact
This bill would add a new evidentiary rule to New York civil procedure for matrimonial litigation, effectively easing the admission of routine expense documentation in family court-related disputes. It would affect parties in divorce, custody, visitation, and related post-judgment proceedings by streamlining proof of expenses and shifting the burden to the opposing party to timely object. The measure would apply only to matrimonial actions commenced on or after its effective date, which is 60 days after enactment.
Sentiment
The available voting history shows strong bipartisan or at least unanimous support at every recorded stage, including committee, Rules, and floor votes in both chambers. The absence of recorded opposition suggests the bill was viewed as a practical procedural reform rather than a controversial policy change. The caption and request from the Unified Court System also indicate institutional support for clarifying and simplifying proof of expenses in family-law cases.
Contention
No substantive opposition is reflected in the provided materials, and there are no committee transcript excerpts indicating disagreement. The only likely points of concern, based on the text itself, would be the $10,000 threshold, the presumption that invoices are both necessary and reasonably valued, and the shortened objection deadlines, which could be seen as limiting challenges to expense claims. However, the recorded votes show no visible contention from legislators or committees.
Same As
Relates to expenses in matrimonial actions; establishes there is a rebuttable presumption that certain itemized bills or invoices shall be admissible in evidence.
Relates to expenses in matrimonial actions; establishes there is a rebuttable presumption that certain itemized bills or invoices shall be admissible in evidence.
Provides for recoverable medical expenses, limitation upon jury trials and admissibility of evidence in civil actions. (8/1/25) (OR INCREASE LF EX See Note)
Child custody; creating a rebuttable presumption of joint child custody; creating a rebuttable presumption of sole custody if a parent is subject to certain registrations. Effective date.