In the case of LeBoeuf v Greene, a dispute arose regarding the allocation of counsel fees due to discrepancies in the court proceedings. The mother initially sought legal recourse without specifically referencing 22 NYCRR 130–1.1 in her application, leading to a lack of proper notice for the accused father regarding the alleged frivolous conduct. Consequently, he was deprived of an adequate opportunity to defend himself.
Moreover, despite the absence of a clear assertion for counsel fees in the mother’s initial submissions, the Supreme Court granted her $25,000 in fees. However, the Appellate Division highlighted multiple discrepancies in this decision-making process. The court’s determination to award fees, whether under 22 NYCRR 130–1.1 or Domestic Relations Law § 237(b), was deemed inappropriate due to various reasons.
Primarily, the court failed to explicitly indicate the basis for the fee application during a critical court conference, leaving the application’s underpinning framework ambiguous. This ambiguity extended to the lack of a specific finding of the father’s alleged frivolous conduct. Additionally, the court relied on events outside the scope of the court proceedings, such as the father’s misrepresentations to the mother and during court conferences in September and October 2020, without accessible transcripts of these proceedings to verify the veracity of the claims.
Moreover, the court did not adequately consider the substantial financial differences between the involved parties before granting the fee application. As a result, the Supreme Court was deemed to have improperly exercised its discretion in awarding counsel fees in this unique case.
Divorce is ugly and we all know it. The good news is that having a good attorney on your side can provide you with warmth, comfort and security in this difficult situation. We hope you did not have kids before the divorce, but if you did, we will try to help everything related to custody go smooth as well. Whether you are facing a contested or uncontested divorce you can reach out to our Queens Divorce Attorney today to schedule & fast & free legal consultation.
Aronov Esq Contested Divorce Lawyer 98-14 Queens Boulevard Rego Park, NY 11374 (718) 206-2050 https://
/
