Section 12-103 - Award of costs and counsel fees. - Maryland Statutes

§ 12-103. Award of costs and counsel fees.
 

(a)  In general.- 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)  Required considerations.- 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)  Absence of substantial justification.- 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. 
 

[An. Code 1957, art. 16, § 5A; 1984, ch. 204, § 1; ch. 296, § 2; ch. 400, § 1; 1993, ch. 514, § 1; 1994, ch. 4, § 1; ch. 652.]