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Codes

New York

Domestic Relations Law

§ 237

New York Consolidated Laws, Domestic Relations Law - DOM § 237. Counsel fees and expenses

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Current as of January 01, 2021 | Updated by FindLaw Staff
(a) In any action or proceeding brought (1) to annul a marriage or to declare the nullity of a void marriage, or (2) for a separation, or (3) for a divorce, or (4) to declare the validity or nullity of a judgment of divorce rendered against a spouse who was the defendant in any action outside the State of New York and did not appear therein where such spouse asserts the nullity of such foreign judgment, (5) to obtain maintenance or distribution of property following a foreign judgment of divorce, or (6) to enjoin the prosecution in any other jurisdiction of an action for a divorce, the court may direct either spouse or, where an action for annulment is maintained after the death of a spouse, may direct the person or persons maintaining the action, to pay counsel fees and fees and expenses of experts directly to the attorney of the other spouse 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. There shall be a rebuttable presumption that counsel fees shall be awarded to the less monied spouse. In exercising the court's discretion, the court shall seek to assure that each party shall be adequately represented and that where fees and expenses are to be awarded, they shall be awarded on a timely basis, pendente lite, so as to enable adequate representation from the commencement of the proceeding. Applications for the award of fees and expenses may be made at any time or times prior to final judgment. Both parties to the action or proceeding and their respective attorneys, shall file an affidavit with the court detailing the financial agreement between the party and the attorney. Such affidavit shall include the amount of any retainer, the amounts paid and still owing thereunder, the hourly amount charged by the attorney, the amounts paid, or to be paid, any experts, and any additional costs, disbursements or expenses. An unrepresented litigant shall not be required to file such an affidavit detailing fee arrangements when making an application for an award of counsel fees and expenses; provided he or she has submitted an affidavit that he or she is unable to afford counsel with supporting proof, including a statement of net worth, and, if available, W-2 statements and income tax returns for himself or herself. Any applications for fees and expenses may be maintained by the attorney for either spouse in his or her own name in the same proceeding. Payment of any retainer fees to the attorney for the petitioning party shall not preclude any awards of fees and expenses to an applicant which would otherwise be allowed under this section.
(b) Upon any application to enforce, annul or modify an order or judgment for alimony, maintenance, distributive award, distribution of marital property or for custody, visitation, or maintenance of a child, made as in
section two hundred thirty-six
or
section two hundred forty
of this article provided, or upon any application by writ of habeas corpus or by petition and order to show cause concerning custody, visitation or maintenance of a child, the court may direct a spouse or parent to pay counsel fees and fees and expenses of experts directly to the attorney of the other spouse or parent to enable the other party to carry on or defend the application or proceeding by the other spouse or parent as, in the court's discretion, justice requires, having regard to the circumstances of the case and of the respective parties. There shall be a rebuttable presumption that counsel fees shall be awarded to the less monied spouse. In exercising the court's discretion, the court shall seek to assure that each party shall be adequately represented and that where fees and expenses are to be awarded, they shall be awarded on a timely basis, pendente lite, so as to enable adequate representation from the commencement of the proceeding. Applications for the award of fees and expenses may be made at any time or times prior to final judgment. Both parties to the action or proceeding and their respective attorneys, shall file an affidavit with the court detailing the financial agreement, between the party and the attorney. Such affidavit shall include the amount of any retainer, the amounts paid and still owing thereunder, the hourly amount charged by the attorney, the amounts paid, or to be paid, any experts, and any additional costs, disbursements or expenses. Any applications for fees and expenses may be maintained by the attorney for either spouse in counsel's own name in the same proceeding. Payment of any retainer fees to the attorney for the petitioning party shall not preclude any awards of fees and expenses to an applicant which would otherwise be allowed under this section.
(c) In any action or proceeding for failure to obey any lawful order compelling payment of support or maintenance, or distributive award the court shall, upon a finding that such failure was willful, order respondent to pay counsel fees to the attorney representing the petitioner.
(d) The term “expenses” as used in subdivisions (a) and (b) of this section shall include, but shall not be limited to, accountant fees, appraisal fees, actuarial fees, investigative fees and other fees and expenses that the court may determine to be necessary to enable a spouse to carry on or defend an action or proceeding under this section. In determining the appropriateness and necessity of fees, the court shall consider:
1. The nature of the marital property involved;
2. The difficulties involved, if any, in identifying and evaluating the marital property;
3. The services rendered and an estimate of the time involved; and
4. The applicant's financial status.
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Выбрать язык русский арабский вьетнамский испанский итальянский китайский (упрощенный) корейский немецкий филиппинский французский японский
550 High Street, Suite 1000
Jackson, Mississippi 39201

Toll-free: 800-421-2408
Phone: 601-359-6050
HOSPITAL INPATIENT APR-DRG ALERT – July 1, 2021 Updates
The Mississippi Division of Medicaid (DOM) is proposing the following changes to the hospital inpatient APR-DRG payment methodology effective for the payment of hospital inpatient claims for discharges on and after July 1, 2021:
1. DOM will adopt V.38 of the 3M Health Information Systems (3M HIS) APR-DRG Grouper and Hospital-Specific Relative Value (HSRV) weights
2. V.38 of the APR-DRG HSRV weights are substantially lower on average for Medicaid inpatient stays relative to V.35 (current for SFY 2021). In order to avoid substantial changes in the base price from year-to-year due to changes in the average relative weight, the Division has opted to implement a process to re-center the APR-DRG relative weights to a population average of 1.0 each year. The relative weights will still be based on the values published by 3M but will be adjusted so that the average weight across Mississippi Medicaid inpatient stays is 1.0. This new process will mean that the average APR-DRG relative weight will not change from year-to-year, which will reduce the need to adjust the base price each year. However, because this process will significantly increase the average weight in SFY 2022 relative to SFY 2021, the Division will need to make a one-time significant decrease in the base price to maintain budget neutrality.
3. The following APR-DRG parameters will be updated:
a. Base Payment – will change from $6,590 to $5,350. This change in the base price is designed to compensate for increased HSRV weights and will not affect overall payment levels.
b. Pediatric mental health policy adjustor – will change from 1.95 to 1.90 to maintain current payment levels
c. Adult mental health policy adjustor – will change from 1.50 to 1.45 to maintain current payment levels
d. Obstetrics policy adjustor – will change from 1.50 to 1.40 to maintain current payment levels
e. Normal Newborn policy adjustor – will change from 1.50 to 1.45 to maintain current payment levels
f. DRG Cost Outlier Threshold – will change from $53,500 to $60,000
g. DRG Cost Outlier Marginal Percentage – will change from 60% to 50%
DOM estimates the overall impact of the above changes will be a savings of $210,588 in state and federal funds, which is budget neutral to SFY 2021.
Please keep in mind that hospitals are not required to purchase 3M software for payment of claims; however, all hospitals that have purchased the 3M software should ensure their internal systems are updated to reflect all changes that occur for hospital discharges beginning on and after July 1, 2021.
Sessions regarding APR-DRG payment updates will be scheduled with dates to be provided. Hospitals will be notified via e-mail and the DOM website www.medicaid.ms.gov .
Hospital Outpatient OPPS Alert – July 1, 2019 Updates
The Mississippi Division of Medicaid (DOM) is proposing the following changes to the hospital outpatient OPPS payment methodology effective for the payment of hospital outpatient claims with dates of service on and after July 1, 2019:
1. Use the Medicare Addendum B effective as of January 1 of each year as published by the Centers of Medicare and Medicaid Services (CMS),
2. Apply the multiple discounting policy to dental procedures billed on the hospital outpatient claim to price the highest allowed dental procedure at 100% of the allowed amount or published fee and price all subsequent dental procedures at 25% of the allowed amount or published fee.
DOM estimates the overall impact of the above changes will be a savings of $2,214,139 in state and federal funds.
Training will be scheduled with dates to be provided. Hospitals will be notified via e-mail and the DOM website www.medicaid.ms.gov.
Mississippi Division of Medicaid | Copyright @ 2019
The Mississippi Division of Medicaid responsibly provides access to quality health coverage for vulnerable Mississippians.

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In BDSM, “Dominant” is a word that’s thrown around a lot. Being a Dom can seem very appealing. Most are people who want to be more dominant sexually in bed, but also in their relationships and personal life. Unfortunately, there are a lot of fake doms out there. How can you make sure you’re not acting like one? Or if you’re a submissive, what should you look for in a partner? Let’s consider what it means to be a real Dom.
To start, let’s focus on some of the warning signs of a bad or fake dom. If they focus more on what they are getting than what they are giving that is a huge clue. Of course the nature of a Dom can be somewhat selfish at times, but they should always make sure that the sub is satisfied not just sexually, but emotionally and physically too.
Many new Doms latch onto the idea of getting sexually pleased whenever they want, even in the beginning of new relationships. But just like any relationship, trust needs to be earned.
A fake dom may say things like, “You’re not really a sub,” or, “A good sub would do XYZ.” If you’re a sub, don’t fall for it. And if you’re a Dom, don’t say things like that unless the sub consents to being talked to that way. Real emotional harm can be done.
The definition of a Dominant is an important, powerful person who likes to be in charge. They crave obedience and need to be in control. They tend to be the “Alpha,” and that is why “Dom” is usually spelled with a capital letter while “sub” is usually lowercase. A Dominant can take on many different roles such as:
They strive to exercise control in all things, not just over their sub sexually. This means that they have order in their own personal lives. It is not uncommon for a Dom to have an obsessive-compulsive personality. They take great pride in the health of their bodies, their homes, vehicles, and jobs, knowing these all reflect on them.
The Dom also takes responsibility for the wellbeing and the proper training, guidance, and discipline of their sub. And the Dom maintains a stable and safe environment in which their sub may perform their duties in service of the Dom.
Doms are not perfect; they will mess up from time to time. They can still apologize without appearing weak by just admitting what they did wrong and what they will do to fix it. Doms shouldn’t lose their temper. They can get mad and angry but they should always strive to be in control.
Another challenge a male Dom in particular may face is going against society’s rules of being kind and gentle towards women. They’re supposed to be the “nice guy.” Many men find it hard to be assertive in bed because of this.
A Dom may feel guilty always taking, but they need to remember that most subs want and need to be used sexually. That doesn’t mean that a Dom can’t be giving in bed, but just being more assertive in that part of the relationship will help them fulfill their role. Ways a Dom can do this are:
One challenge my Dom said he had to overcome was being afraid he was being too strict and hard on me with punishments. To be honest I don’t think he’s ever gone too far. I know that if I ever did feel that way that is what safewords and my journal are for. If anything, I think in the beginning I got off too easily sometimes.
A Dom’s body language and speech need to be powerful and in control. They should also look the part. They don’t have to be a Christian Grey, but they should be fit, have good hygiene, be well dressed, and not sloppy. Doms should have good posture and stand tall, trying to be physically above the sub, often making them sit below them or kneel .
A Dom should also talk confidently and be direct. They usually wouldn’t ask, “Where would you like to go to dinner?” They might say, “I’m taking you out to dinner. Pick a place.”
One of my favorite things my Dom does is tell me to make him coffee. When we were vanilla he would ask me, “Do you think you can make me coffee please?” Now he just tells me to do it and it always puts a smile on my face to perform this simple task for him.
Training a sub is a lot of work and not to be taken lightly. It is a very rewarding process though. When a Dom trains a sub they are molding them to be a better version of themselves. Behavior modification is achieved through maintaining structure and order. A lot of subs thrive on a set routine, and rules and protocols can help a Dom provide that.
To make this easier for the Dom you can keep track of everything in a downloadable BDSM contract .
The sub can also keep a journal so the Dom can get inside their head. Punishments are usually necessary to help guide and correct them. It takes constant effort, but it is a beautiful thing when the sub becomes exactly what the Dom desires.
To learn more about training for both Doms and subs go here »
True dominance is not just a role, it is a way of life. Being a Dominant means they are held to a higher standard, but it is all worth it. They will receive the ultimate gift of a sub’s beautiful and willing submission.
Don’t forget to grab your FREE Quick-Start Guide below:
I thank you very much for that knowledge
I really enjoy your informative articles! I am so happy you have included the “signs” for spotting a fake Dom because that is a question I am often asked by people new to the lifestyle in my local BDSM community. Also, many many thanks for pointing out that even us Doms can make mistakes; I tend to be hardest on myself for that. Please keep the articles coming!
Thank you so much, Ken! That means so much to me. Feel free to share the articles with others in your community. ❤️
Years ago I was, in my humble, cough, cough, opinion, a good Dom prior to knowing there was anything called BDSM. I HAD A GIRLFRIEND, AND WE PLAYED THE ROLES WELL. I am a Vietnam veteran, and spent 13 years in the military, until injuries sustained there, eventually prevented me from doing my job in the military. We were together for about two and a half years other than when I was away doing my job, and eventually she needed more, time wise, than I was able to provide due to my job In the military. I miss that fun, and after reading all written here I was good at being a Dom. I guess there are places one could meet other like minded ppl. How could one find like minded people in an area, which sounds like it is more in the open than my days, decades ago?
Thank you for sharing your story, Charles! Fortunately, there are LOTS of online and offline ways to find local, like-minded people now. Be sure to read this article to help you on your journey. ????
I love this site. An abundance of info and focus on this Lifestyle. Thank you.
I started my experience as a bad Dom the last time I got into th
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