WILLIAM DONALD SCHAEFER, Governor                            Ch. 4

(b)     At any point in a proceeding under this title, 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.

(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.

(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.

(e)     The court may award reimbursement for any reasonable and necessary
expense that has previously been paid.

(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 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 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)     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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