Utah Code 81-1-203. Award of costs and attorney and witness fees — Temporary support and maintenance
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(1)
Terms Used In Utah Code 81-1-203
- Alimony: means the same as that term is defined in Section
81-4-101 . See Utah Code 81-1-201 - Child: means , except as provided in Section
81-6-101 , a biological or adopted child of any age. See Utah Code 81-1-101 - Child support: means the same as that term is defined in Section
81-6-101 . See Utah Code 81-1-201 - Court: means :(2)(a) a judge; or(2)(b) a court commissioner if the court commissioner has authority to hear the matter under Section
78A-5-107 or the Utah Rules of Judicial Administration. See Utah Code 81-1-101 - Minor child: means , except as provided in Section
81-6-101 , a child who is younger than 18 years old and is not emancipated. See Utah Code 81-1-101 - Property: includes both real and personal property. See Utah Code 68-3-12.5
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
(1)(a) In an action filed under Chapter 4, Dissolution of Marriage, Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders, or in an action to establish an order of custody, parent-time, child support, alimony, or the division of property in a domestic case, the court may order a party to pay the costs, attorney fees, and witness fees, including expert witness fees, of the other party to enable the other party to prosecute or defend the action.
(1)(b) The order under Subsection (1)(a) may include a provision for costs of the action.
(2) In an action to enforce an order of custody, parent-time, child support, alimony, or division of property in a domestic case, the court may award costs and attorney fees upon determining that the party substantially prevailed upon the claim or defense.
(3) The court, in the court’s discretion, may award no fees or limited fees against a party if the court finds the party is indigent or enters in the record the reason for not awarding fees.
(4) In an action described in Subsection (1), the court may order a party to provide money, during the pendency of the action, for the separate support and maintenance of the other party and of a minor child in the custody of the other party.
(5) The court may amend an order entered in accordance with this section before the entry of the final order or judgment or in the final order or judgment.