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 incurred
by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs, or expenses
against the obligee or the support enforcement agency of either the initiating or the responding
state, except as provided by law. Attorney fees may be taxed as costs, and may be ordered paid
directly to the attorney, who may enforce the order in the attorney's own name. Payment of
support 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 it
determines 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 have
been requested primarily for delay if a registered support order is confirmed or enforced without
change.
Renumbered and Amended by Chapter 3, 2008 General Session
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Last revised: Thursday, May 28, 2009