Credit: Lemau Studio/Shutterstock.com. Counsel Fee Awards in Enforcement Proceedings
In his Law and the Family column, Joel Brandes discusses the 2010 amendments to Domestic Relations Law §238, which are meant to require the court, in a proceeding to enforce a judgment, to order the monied party to pay interim counsel fees for the non-monied party at the outset of the case.
June 29, 2022 at 12:00 PM
11 minute read
Domestic Relations Law (DRL) §238 provides, in part, that in any action or proceeding to enforce or modify any provision of a judgment or order entered in an action for divorce or in any proceeding pursuant to DRL §§243, 244, 245 or 246 the court may in its discretion require either party to pay counsel fees and fees and expenses of experts directly to the attorney of the other party 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. DRL (DRL) §238 as amended by Laws of 2010, Ch. 329, §2, effective Oct. 12, 2010.
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