Award of costs and counsel fees

Checkout our iOS App for a better way to browser and research.

    (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.


Download our app to see the most-to-date content.