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Title IV EXECUTIVE BRANCH

  Chapter 28back to chapter 28

  28.040.  Costs and fees. — (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 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 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 Article 6, sections 454.1632 to 454.1677, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change.

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(L. 2011 H.B. 260)

Effective 6-15-16, see § 454.1728


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