1. (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. (1) applies for a decree or modification of a decree concerning the custody, support, or visitation of a child of the parties; or

   2. (2) files any form of proceeding:

      1. (i) to recover arrearages of child support;
      2. (ii) to enforce a decree of child support; or
      3. (iii) to enforce a decree of custody or visitation.

2. (b) Before a court may award costs and counsel fees under this section, the court shall consider:

   1. (1) the financial status of each party;
   2. (2) the needs of each party; and
   3. (3) whether there was substantial justification for bringing, maintaining, or defending the proceeding.
3. (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.

Added as Family Law § 12-101 by Acts 1984, c. 296, § 2, eff. Oct. 1, 1984. Renumbered as Family Law § 12-102 by Acts 1984, c. 204, § 1, eff. Oct. 1, 1984. Renumbered as Family Law § 12-103 by Acts 1984, c. 400, § 1, eff. Oct. 1, 1984. Amended by Acts 1993, c. 514, § 1, eff. Oct. 1, 1993; Acts 1994, c. 4, § 1, eff. Feb. 28, 1994; Acts 1994, c. 652, § 1, eff. Oct. 1, 1994.

Formerly Art. 16, § 5A.