Kavanagh v. Kavanagh

— Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: Family Court properly determined the amount of arrears due on a support order and issued a wage deduction order pursuant to Personal Property Law § 49-b (1) (a). The evidence before the court indicated that the father was delinquent in his child support payments and had the ability to make such payments (Janousek v Janousek, 108 AD2d 782, 783).

However, the court erred in awarding counsel fees to the mother based solely upon a bill for legal services submitted by…