WVC 48 - 16 - 313
§48-16-313. Costs and fees.
(a) The petitioner may not be required to pay a filing fee or
(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.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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