42-367 Temporary allowance; costs; payment.
42-367. Temporary allowance; costs; payment.In every action for dissolution of marriage or legal separation, the court may require the husband to pay any sum necessary to enable the wife to maintain the action during its pendency. When dissolution of marriage or a legal separation is decreed, the court may decree costs against either party and award execution for the same, or it may direct such costs to be paid out of any property sequestered, or in the power of the court, or in the hands of a receiver. SourceLaws 1972, LB 820, § 21. AnnotationsFees for appraising the family residence and for an expert witness at trial are costs assessable under this section. Lockwood v. Lockwood, 205 Neb. 818, 290 N.W.2d 636 (1980).Adultery of party will not as a matter of law prevent an award of attorney's fees nor affect the payment of costs. Lockard v. Lockard, 193 Neb. 400, 227 N.W.2d 581 (1975).Awards of attorney's fees and costs hereunder are discretionary. Sullivan v. Sullivan, 192 Neb. 841, 224 N.W.2d 542 (1975).