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Session Laws, 1993
Volume 772, Page 2619   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                            Ch. 514

(1)      the financial resources and financial needs of both parties; and

(2)      whether there was substantial justification for prosecuting or defending
the proceeding.

(D) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ABSENT A FINDING
BY THE COURT OF GOOD CAUSE TO THE CONTRARY, THE COURT SHALL AWARD TO
A PARTY WHO HAS BEEN AWARDED ALIMONY THE REASONABLE AND NECESSARY
EXPENSE INCURRED IN FILING AND LITIGATING ANY PROCEEDING TO ENFORCE
THE AWARD OF ALIMONY.
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.

[(d)](E) The court may award reimbursement for any reasonable and necessary
expense that has previously been paid.

[(e)](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.
12-103.

(a)      [The] EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, 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; or
(ii) to enforce a decree of child support.

(b)     [Before] EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION,
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 or defending the
proceeding.

(C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ABSENT A FINDING
BY THE COURT OF GOOD CAUSE TO THE CONTRARY, THE COURT SHALL AWARD
COSTS AND COUNSEL FEES INCURRED BY A PARTY WHO FILES A PROCEEDING TO

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Session Laws, 1993
Volume 772, Page 2619   View pdf image
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