Matter of Nucci v Jonckers

Holding The appellate court affirmed the lower court’s denial of the father’s objections to an award of attorneys’ fees and a corresponding money judgment. The court found that the Support Magistrate providently exercised discretion in granting the fees under the totality of the circumstances, including the meritorious nature of the petition and the parties’ financial situations.

The court’s words

The Family Court may allow the payment of attorneys' fees to the attorney representing the petitioner at any stage of a proceeding to modify or enforce an order

2026 NY Slip Op 05539, at the official text

Here, the Support Magistrate providently exercised her discretion in granting that branch of the mother's motion which was pursuant to Family Court Act § 438 for an award of attorneys' fees

2026 NY Slip Op 05539, at the official text

The mother's petition was meritorious, as the expenses for which she sought reimbursement were the type contemplated by the parties' stipulation of settlement

2026 NY Slip Op 05539, at the official text