2018 Maryland Code
Family Law
Title 11 - Alimony
§ 11-110. Order to pay reasonable and necessary expenses

Universal Citation: MD Fam L Code § 11-110 (2018)
  • (a) Definitions. --

    • (1) In this section the following words have the meanings indicated.

    • (2) "Proceeding" includes a proceeding for:

      • (i) alimony;

      • (ii) alimony pendente lite;

      • (iii) modification of an award of alimony; and

      • (iv) enforcement of an award of alimony.

    • (3) "Reasonable and necessary expense" includes:

      • (i) suit money;

      • (ii) counsel fees; and

      • (iii) costs.

  • (b) Authority of court. -- 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) Required considerations. -- 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) 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 the reasonable and necessary expense of prosecuting or defending the proceeding.

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

  • (f) Counsel fees. -- 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.

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