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§ 12-103. Award of expenses

West's Annotated Code of MarylandFamily Law

West's Annotated Code of Maryland
Family Law (Refs & Annos)
Title 12. Child Support (Refs & Annos)
Subtitle 1. General Provisions (Refs & Annos)
MD Code, Family Law, § 12-103
§ 12-103. Award of expenses
Award of costs and fees
(a) The court may award to either party the costs and counsel fees that are just and proper under all the circumstances in any case in which a person:
(1) applies for a decree or modification of a decree concerning the custody, support, or visitation of a child of the parties; or
(2) files any form of proceeding:
(i) to recover arrearages of child support;
(ii) to enforce a decree of child support; or
(iii) to enforce a decree of custody or visitation.
Conditions for award of costs and fees
(b) Before a court may award costs and counsel fees under this section, the court shall consider:
(1) the financial status of each party;
(2) the needs of each party; and
(3) whether there was substantial justification for bringing, maintaining, or defending the proceeding.
Whom cost and fees awarded to
(c) 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 costs and counsel fees.

Credits

Added as Family Law § 12-101 by Acts 1984, c. 296, § 2, eff. Oct. 1, 1984. Renumbered as Family Law § 12-102 by Acts 1984, c. 204, § 1, eff. Oct. 1, 1984. Renumbered as Family Law § 12-103 by Acts 1984, c. 400, § 1, eff. Oct. 1, 1984. Amended by Acts 1993, c. 514, § 1, eff. Oct. 1, 1993; Acts 1994, c. 4, § 1, eff. Feb. 28, 1994; Acts 1994, c. 652, § 1, eff. Oct. 1, 1994.
Formerly Art. 16, § 5A.
MD Code, Family Law, § 12-103, MD FAMILY § 12-103
Current with all legislation from the 2021 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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