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Occasionally, we come across a decision awarding counsel fees to a spouse, which directs that if the counsel fee awarded is not paid, a money judgment can be entered for that amount upon the submission of an affirmation of nonpayment. In Darby v. Darby, 35 Misc.3d 1235(A) (Sup. Ct. 2012), the court directed that “‘if the counsel fees are not paid within the specified time, the Office of the County Clerk may enter a money judgment in favor of the wife’s counsel in the sum of $7,500.00, plus costs and statutory interest, upon Affirmation of non-compliance and on ten (10) days written notice to the husband and to the husband’s counsel by certified mail.” In S.B., v. G.B., 33 Misc.3d 1212(A) (Sup. Ct. 2011), the court ordered that “if the counsel fees are not paid by the dates set forth above, the Clerk is directed to enter a money judgment in favor of counsel upon counsel’s written affirmation. No further notice to the Husband shall be required.”

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