WVC 48 - 20 - 312
§48-20-312. Costs, fees and expenses.
(a) The court shall award the prevailing party, including a
state, necessary and reasonable expenses incurred by or on behalf
of the party, including costs, communication expenses, attorney's
fees, investigative fees, expenses for witnesses, travel expenses
and child care during the course of the proceedings, unless the
party from whom fees or expenses are sought establishes that the
award would be clearly inappropriate.
(b) The court may not assess fees, costs or expenses against
a state unless authorized by law other than this chapter.