North Carolina § 50-16 - 4. Counsel fees in actions for alimony, postseparation support.

§ 50-16. 4. Counsel fees in actions for alimony, postseparation support.

At any time that a dependent spouse would be entitled to alimony pursuant to G.S. 50-16.3 A, or postseparation support pursuant to G.S. 50-16.2 A, the court may, upon application of such spouse, enter an order for reasonable counsel fees, to be paid and secured by the supporting spouse in the same manner as alimony. History (1967, c. 1152, s. 2; 1995, c. 319, s. 3; 2010-14, s. 1.) Editor's Note. - Session Laws 1995, c. 319, which amended this section, in s. 12 provides that this act applies to civil actions filed on or after October 1, 1995, and shall not apply to pending litigation, or to future motions in the cause seeking to modify orders or judgments in effect on October 1, 1995. This section, prior to the amendment by Session Laws 1995, c. 319, read as follows: " Counsel fees in actions for alimony. "At any time that a dependent spouse would be entitled to alimony pendente lite pursuant to G.S. 50-16.3 , the court may, upon application of such spouse, enter an order for reasonable counsel fees for the benefit of such spouse, to be paid and secured by the supporting spouse in the same manner as alimony." Effect of Amendments. - Session Laws 2010-14 s. 1, effective October 1, 2010, and applicable to fees for services rendered on or after that date, deleted "for the benefit of such spouse" following "counsel fees." Legal Periodicals. - For comment on contingent fees in domestic relations actions, see 62 N.C.L. Rev. 381 (1984). For note, "The Contingent Fee Contract in Domestic Relations Cases," see 7 Campbell L. Rev. 427 (1985). For note, "A Public Goods Approach to Calculating Reasonable Fees under Attorney Fee Shifting Statutes," see 1989 Duke L.J. 438. For article, "Reginald Heber Smith and Justice and the Poor in the 21st Century,” see 40 Campbell L. Rev. 73 (2018).