2006 New York Code - Counsel Fees.



 
    §  438.  Counsel  fees.  (a)  In  any  proceeding  under this article,
  including proceedings for support of  a  spouse  and  children,  or  for
  support  of  children  only,  or  at any hearing to modify or enforce an
  order entered in that proceeding or a proceeding to modify a  decree  of
  divorce,  separation,  or  annulment,  including an appeal under article
  eleven, the court may allow counsel fees at any stage of the proceeding,
  to the attorney representing the spouse,  former  spouse  or  person  on
  behalf of children.
    (b)  In any proceeding for failure to obey any lawful order compelling
  payment of support of a spouse or former  spouse  and  children,  or  of
  children  only,  the  court  shall, upon a finding that such failure was
  willful,  order  respondent  to  pay  counsel  fees  to   the   attorney
  representing  the  petitioner  or  person  on  behalf  of  the children.
  Representation by an attorney pursuant to paragraph (b)  of  subdivision
  nine  of  section  one hundred eleven-b of the social services law shall
  not preclude an award of  counsel  fees  to  an  applicant  which  would
  otherwise be allowed under this section.

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