BENZING v. BENZING


101 A.D.2d 716 (1984)

Geraldine Benzing, Appellant, v. Edward J. Benzing, Respondent. (Appeal No. 2.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 12, 1984


Order unanimously reversed, without costs, motion granted and matter remitted to Erie County Family Court to fix reasonable attorney's fees.

Memorandum:

Family Court abused its discretion in declining to award petitioner counsel fees in responding to an appeal of an order fixing respondent husband's child support payment. Considering the resources and expenses of the respective parties, and the merit of petitioner's claim, an award of counsel fees was appropriate...

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