§ 48-16-313 — Costs and fees

West Virginia § 48-16-313

• Jurisdiction: West Virginia
• Ch. 48: DOMESTIC RELATIONS
• Art. 16: UNIFORM INTERSTATE FAMILY SUPPORT ACT

Text

(a) The petitioner may not be required to pay a filing fee or other costs.

(b) If an obligee prevails, a responding tribunal of this state may assess against an obligor filing fees, reasonable attorney's fee, 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 or foreign country, except as provided by other law. Attorney's 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.

(c) The tribunal shall order the payment of costs and reasonable attorney's fees if it determines that a hearing was requested primarily for delay. In a proceeding under part VI [§§48-16-601 through 48-16-615], a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change.

Legislative History

2015 Reg. Sess., SB510; 2002 Reg. Sess., SB485; 2001 Reg. Sess., HB2199