Bill S8372 Creates Rebuttable Presumption for Matrimonial Expense Evidence

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Senate

Bill
S8372

2025-2026 Legislative Session Relates to expenses in matrimonial actions

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Sponsored By

Jabari Brisport

(D, WF) 25th Senate District

Current

Bill Status
Via
A8305
- Passed Senate

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Votes

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2025-S8372

(ACTIVE)
- Details

See Assembly Version of this Bill: A8305 Law Section: Civil Practice Law and Rules Laws Affected: Add R4533-c, CPLR

2025-S8372

(ACTIVE)
- Summary

Relates to expenses in matrimonial actions; establishes there is a rebuttable presumption that certain itemized bills or invoices shall be admissible in evidence.

2025-S8372

(ACTIVE)
- Sponsor Memo

BILL NUMBER: S8372

SPONSOR: BRISPORT
 
TITLE OF BILL:

An act to amend the civil practice law and rules, in relation to
expenses in matrimonial actions

1.   SOURCE OF BILL

This bill is being introduced at the request of the Judiciary, upon the
recommendation of the Chief Administrative Judge's Matrimonial Practice
Advisory and Rules Committee.

1.   PURPOSE OF BILL

This bill would add a new Rule 4533-c to the Civil Practice Law and
Rules (CPLR) to create a rebuttable presumption on proof of expenses in
matrimonial actions that differs from the general rule in civil cases
(Rule 4533-a). A separate rule is appropriate for matrimonial cases
because it is especially frequent and necessary for minor expenses to be
incurred for several children and other family matters in such cases.
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2025-S8372

(ACTIVE)
- Bill Text download pdf

S T A T E O F N E W Y O R K

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8372

2025-2026 Regular Sessions

I N S E N A T E

June 5, 2025

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Introduced by Sen. BRISPORT -- (at request of the Unified Court System)
-- read twice and ordered printed, and when printed to be committed to
the Committee on Rules

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

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09034-02-5
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