Lawyers Manual - Unified Court System

Counsel and Expert Fees
Victim Who Needs Child Support 161
Both the Supreme Court and the Family Court are authorized to order one
party to pay counsel fees in order to enable the other to carry on or defend an
action or proceeding. 22 In addition, the court is required to order counsel fees in
any action or proceeding for failure to obey a support order if the court finds
that the failure was willful. 23
Conclusion
In summary, the most important things you will need to know before
rushing into court to get an order of support are the following:
1. Will your client be safe during the process and can she safely
receive the money?
2. Does the father have sufficient income to make a difference to
your client, and will she be able to prove it?
3. Will she be able to enforce an order once it is made?
Helping victims of domestic violence obtain child support has its many
rewards. As long as you remember that you are dealing with a potentially
volatile situation and conduct the case accordingly, you will have the satisfaction
of knowing that you have helped your client in an essential area that will allow
her to gain the ability to function on her own.