Ordered that the order and judgment is modified, on the law, by (1) deleting from the first decretal paragraph the words "to the following extent"; and (2) deleting the fourth decretal paragraph thereof and substituting therefor a provision granting that branch of the plaintiff's motion which was for an award of counsel fees; as so modified, the order and judgment is affirmed insofar as appealed and cross-appealed from, and the matter is remitted to the Supreme Court, Nassau County, for a hearing and determination as to the amount of fees to be awarded to counsel for the plaintiff and entry of an appropriate amended order and judgment; and it is further,
Ordered that the plaintiff is awarded costs.
The plaintiff former wife was entitled to a judgment for child support arrears since the defendant former husband failed to obtain a court order permitting him to eliminate his child support payments prior to the accumulation of the arrears (see, Domestic Relations Law § 244; Miller v Miller, 160 A.D.2d 912; Schelter v Schelter, 159 A.D.2d 995; see also, Johnston v Johnston, 115 A.D.2d 520). Moreover, by awarding prejudgment interest, the Supreme Court concluded that the defendant's conduct was willful in that he "knowingly, consciously and voluntarily disregarded" his obligation to pay child support (Domestic Relations Law § 244; see, Gutin v Gutin, 155 A.D.2d 586).
In light of the fact that the defendant's conduct was willful, the plaintiff was entitled, pursuant to Domestic Relations Law § 237 (c), to an award of counsel fees (see, Stang v Stang, 173 A.D.2d 812; Riseley v Riseley, 173 A.D.2d 1103; Gutin v Gutin, supra). Therefore, the matter is remitted to the Supreme Court, Nassau County, for a hearing and determination as to the amount of fees to be awarded to counsel for the plaintiff. Kooper, J.P., Lawrence, Eiber and O'Brien, JJ., concur.