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CHILD SUPPORT ENFORCEMENT v. SMALLWOOD

526 A.2d 1353 (1987)

DIVISION OF CHILD SUPPORT ENFORCEMENT, Petitioner Below, Appellant, v. Francis W. SMALLWOOD, Respondent Below, Appellee.

Supreme Court of Delaware.

Decided: June 24, 1987.

Attorney(s) appearing for the Case

Kevin R. Slattery, Deputy Atty. Gen., Division of Child Support Enforcement, New Castle, for appellant.

Douglas A. Shachtman, Douglas A. Shachtman & Associates, Wilmington, for appellee.

Before CHRISTIE, C.J., HORSEY and WALSH, JJ.

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...

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