Division of Child Support Enforcement v. Smallwood

WALSH, Justice:

This appeal from the Family Court presents the question of whether the Family Court is authorized to impose counsel fees upon a State agency, the Division of Child Support Enforcement (the “Division”), which was found to have used defective procedures in pursuing a civil nonsupport action against the father of children supported by public funds. The Family Court concluded, in the exercise of its “equitable power,” that the Division should bear the father’s counsel fees. We conclude that the Court lacks such equitable authority and accordingly reverse.

I

Although this case has an…