Mary E. C. v. Donald S.

OPINION OF THE COURT

Mara T. Thorpe, J.

In this proceeding to enforce a prior order of the court directing respondent to contribute to the support of his out-of-wedlock child, petitioner has made a motion for counsel fees. The issues raised are (1) whether section 536 or section 438 of the Family Court Act is the controlling statute and (2) if section 536 governs, may a fee award be made despite petitioner’s failure to establish her financial inability to pay her attorney?

The history of this litigation is as follows: On June 23, 1978, an order of filiation was entered under article 5 of the…