New York Prosecutors Training Institute
NYPTI Law - NYS Statutes
ยง 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.
