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§ 12-103. Award of costs and counsel fees

MD Fam L Code § 12-103 (2019) (N/A)
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(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.

(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.

(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.

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