[§571-52.7] Award of costs and reasonable attorneys' fees. Whenever a party files a motion seeking to enforce a child support order, the court may award the prevailing party the party's costs and reasonable attorneys' fees incurred, except as this chapter otherwise provides. The award shall be made only when the prevailing party was represented by an attorney. [L 1994, c 247, §1]
Case Notes
Family court erred in limiting plaintiff ex-wife's award of attorney's fees to a lodestar amount with no consideration given to a contingent fee enhancement; this section is a fee-shifting statute designed to "attract competent counsel" and a contingent fee enhancement should have at least been considered by the family court. 97 H. 160 (App.), 34 P.3d 1059.
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