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§ 8-214. Award of expenses

West's Annotated Code of MarylandFamily Law

West's Annotated Code of Maryland
Family Law (Refs & Annos)
Title 8. Deeds, Agreements, and Settlements Between Spouses; Property Disposition in Divorce and Annulment (Refs & Annos)
Subtitle 2. Property Disposition in Annulment and Divorce (Refs & Annos)
MD Code, Family Law, § 8-214
§ 8-214. Award of expenses
“Reasonable and necessary expense” defined
(a) In this section, “reasonable and necessary expense” includes:
(1) suit money;
(2) counsel fees; and
(3) costs.
Order to pay
(b) At any point in a proceeding under this subtitle, the court may order either party to pay to the other party an amount for the reasonable and necessary expense of prosecuting or defending the proceeding.
Required considerations
(c) Before ordering the payment, the court shall consider:
(1) the financial resources and financial needs of both parties; and
(2) whether there was substantial justification for prosecuting or defending the proceeding.
Party to pay
(d) Upon a finding by the court that there was an absence of substantial justification of a party for prosecuting or defending the proceeding, and absent a finding by the court of good cause to the contrary, the court shall award to the other party the reasonable and necessary expense of prosecuting or defending the proceeding.
Reimbursement
(e) The court may award reimbursement for any reasonable and necessary expense that has previously been paid.
Payment to lawyer
(f) As to any amount awarded for counsel fees, the court may:
(1) order that the amount awarded be paid directly to the lawyer; and
(2) enter judgment in favor of the lawyer.

Credits

Added by Acts 1999, c. 391, § 1, eff. Oct. 1, 1999.
MD Code, Family Law, § 8-214, MD FAMILY § 8-214
Current with all legislation from the 2021 Regular Session and 2021 First Special Session of the General Assembly. Some statute sections may be more current, see credits for details.
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