(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 other 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 ORS 110.432, 110.435, 110.436 and 110.437, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change. [1993 c.449 §25; 1999 c.80 §56]
Section: Previous 110.357 110.360 110.363 110.366 110.369 110.372 110.375 110.378 110.379 110.381 110.384 110.387 110.390 110.391 110.392 NextLast modified: August 7, 2008