§ 438 — Counsel fees

§ 438. Counsel fees. (a) In any proceeding under this article,\nincluding proceedings for support of a spouse and children, or for\nsupport of children only, or at any hearing to modify or enforce an\norder entered in that proceeding or a proceeding to modify a decree of\ndivorce, separation, or annulment, including an appeal under article\neleven, the court may allow counsel fees at any stage of the proceeding,\nto the attorney representing the spouse, former spouse or person on\nbehalf of children.\n (b) In any proceeding for failure to obey any lawful order compelling\npayment of support of a spouse or former spouse and children, or of\nchildren only, the court shall, upon a finding that such failure was\nwillful, order respondent to pay counsel fees to the attorney\nrepresenting the petitioner or person on behalf of the children.\nRepresentation by an attorney pursuant to paragraph (b) of subdivision\nnine of section one hundred eleven-b of the social services law shall\nnot preclude an award of counsel fees to an applicant which would\notherwise be allowed under this section.\n