New York Divorce & Family Law

By: David Siegel

The award of attorney fees and the amount to be paid by the parties is within the discretion of the trial court and will not be disturbed absent a clear showing of an abuse of discretion. An award of attorney fees in an Illinois divorce proceeding is ordinarily in the nature of support. Attorney fees may be awarded to a litigant only when they are expressly authorized by statute or by agreement of the parties, and a trial court is bound by the statutory grant. The allowance of attorney fees is within the sound discretion of the court. Under this section the legislature has provided the circuit court with the authority to award attorney fees incurred by either spouse in connection with proceedings under this Act.

A court may order the other spouse to pay a reasonable amount for attorney fees for services rendered in a proceeding under this Act, including the defense of appeals from post-judgment orders or petitions seeking relief from final judgments under the Act. This section authorizes an attorney in a pending dissolution proceeding to recover his earned fees from either his own client or the other party. The general rule is that a party seeking an award of attorney fees must show his own financial inability to pay and the financial ability of the other spouse; however, a party who must use judicial process to obtain compliance with the terms of a decree of dissolution is entitled to reasonable attorney fees, even absent a showing of his own ability to pay.

The Act contains no language limiting the trial court's authority to award attorney fees when presented with a proper fee petition. To justify an award of attorney fees, the party seeking relief must demonstrate financial inability to pay and the ability of the other spouse to do so. An award of attorney fees is justified where the spouse seeking relief demonstrates: (1) financial inability to pay, and (2) the ability of the other spouse to pay. Financial inability exists where payment would strip the person of the means of support and undermine her economic stability.

While the trial court should consider the property received by each party and their overall economic status before allocating responsibility for payment of attorney's fees, there is nothing in this section to prohibit the trial court from requiring the petition on fees to be filed and the hearing to be held prior to the disposition of the property and maintenance/child support issues. This section has been construed to authorize prospective fee awards in appropriate circumstances, but such awards should be made cautiously.

The allowance of attorney fees and costs in exercising its discretion, the court may consider, in addition to the abilities of the parties to pay, the questions at issue, the significance or importance of the subject matter, the degree of responsibility involved, the standing and skill of the person employed, and the time and labor involved. An award of attorney fees is not mandatory, but discretionary. Under New York divorce law, the responsibility to pay attorney fees is generally determined by the relative income of the parties. Although subsection (a) allows for an award of attorney fees made in connection with the defense of an appeal, it has no specific provision to negate the general rule that the filing of a notice of appeal deprives the trial court of further jurisdiction.

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Making The Universal Laws Work For You!

By: Adam Price

Have you ever had thoughts like you were heading down a dead end street, trying to reach your goals? When we attempt reach massive goals it can often become a sure fire way to burn out, if we try to do it all alone. But whatever situation you might find yourself in at the beginning, unexpected obstacles will creep in and it's how you overcome them and bounce back that ensures your ultimate success.

One very effective way to ensure your success in reaching your goals is by learning how to work in unison with the universal laws. By asking for help and believing that you will have the resources and help required, you'll effectively eliminate a lot of the pressure that you might feel if you carry the load all by yourself.

If you turn every endeavour into a partnership effort with the universal mind, you can't lose. By knowing how to interact with the universe by implementing the universal laws in your life, you'll begin to manifest resources, help, knowledge and anything else you may need that otherwise was out of reach. This will then enable you to relax and "know" that all is in a divine state of grace and as it should be, while leveraging your skills and taking action.

In the book by Jerry and Esther Hicks "Ask and It is Given," they describe an exercise called a "Placemat Process." This process was invented by Esther through necessity, they were travelling a lot for business and Esther found herself feeling overwhelmed by everything she needed to do on a daily basis.

She worked out a basic way to divide up her duties by asking the universe for help. While she was relaxing over coffee one day, she turned over a placemat and turned it over to expose the blank side. She then drew 2 columns on tha mat, one being "universe" and the other being her name."

She then listed everything she wanted to manifest from the universe in the column marked "universe," and in the "me" column she listed what she felt comfortable working on herself. According to Esther, this exercise was extremely effective. And the universe answered every point she wrote, plus her focus was freed up to take care of her action tasks. This is indeed a very powerful partnership!

You can now utilize this exercise yourself, by taking an A4 sheet of paper and write down your action tasks, and those which you feel that you need help from the universal intelligence. What tasks feel to large for you to handle? What parts of your life and work projects are confusing or stressful at present? And what others do you know you'll handle with no problem? Make sure you "hand write" these tasks on the paper, as the act of writing has magic in it, as opposed to typing. When you're done, fold the paper up and store it somewhere safe.

You can do this in other ways as well if you you're not in a situation to write your goals down, for example you could meditate on them, use self-talk and mental focus, or imagery to bring the change about. But the best way if you can find your way clear of doing it, is to hand write these points out.

Looking at the big picture, it's not the act of the listing exercise that counts. The point is to gain clarity in your life, know your limits and where you need help. Plus, it also helps you to bring "focus" back into your mind, as we often move so fast in life that we skim over those beautiful little things we take for granted. So by focussing on our goals on a daily basis, we'll positively move towards manifesting that very thought.

Done on a regular and disciplined basis, you'll beign to make shifts in your life, which will make living much easier for you. You'll begin to enjoy your work and life again, and you'll attract all sorts of synchronistic events and much needed resources into your life right when you need them. This may all be beyond your understanding, but just know that this process truly does work.

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Adam Price is a holistic success author on the laws of the universe for life & business. Learn how tap into the powerful laws of the universe in your life by visiting: www.Law-Of-Attraction-And-Success.com