78B-14-313 - Costs and fees.
78B-14-313. Costs and fees.
(1) The petitioner may not be required to pay a filing fee or other costs.
(2) If an obligee prevails, a responding tribunal may assess against an obligor filing fees,reasonable attorney fees, other costs, and necessary travel and other reasonable expenses incurredby the obligee and the obligee's witnesses. The tribunal may not assess fees, costs, or expensesagainst the obligee or the support enforcement agency of either the initiating or the respondingstate, except as provided by law. Attorney fees may be taxed as costs, and may be ordered paiddirectly to the attorney, who may enforce the order in the attorney's own name. Payment ofsupport owed to the obligee has priority over fees, costs, and expenses.
(3) The tribunal shall order the payment of costs and reasonable attorney fees if itdetermines that a hearing was requested primarily for delay. In a proceeding under Part 6,Registration, Enforcement, and Modification of Support Order, a hearing is presumed to havebeen requested primarily for delay if a registered support order is confirmed or enforced withoutchange.
Renumbered and Amended by Chapter 3, 2008 General Session