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23-2216. Costs. (a) Costs and attorney fees may be awarded to either party as justice and equity may require. Unless the attorney represents a public agency in an action, the court may order that the amount be paid directly to the attorney, who may enforce the order in the attorney's name in the same case.

(b) The court may order reasonable fees for the child's guardian ad litem.

(c) The court may order other expenses of the action, including genetic tests, to be paid by the parties in proportions and at times determined by the court. The court may order the proportion of any indigent party to be paid from the general fund of the county. After payment, the court may tax all, part or none of the expenses as costs in the action.

(d) The fee of an expert witness qualified to perform genetic testing, but not appointed by the court, shall be paid by the party calling the expert witness but shall not be taxed as costs in the action.

History: L. 1985, ch. 114, § 13; L. 2014, ch. 116, § 3; July 1.

Source or Prior Law:

38-1122.

CASE ANNOTATIONS

1. Alleged father in parental rights termination case not precluded from initiating paternity action under K.S.A. 38-1301 et seq. In re A.N.P., 23 Kan. App. 2d 686, 691, 934 P.2d 995 (1997).

2. No error in requiring father to pay all of custody evaluator's fee in child custody proceeding. Jones v. Walker, 29 Kan. App. 2d 932, 33 P.3d 872 (2001).

3. Appellate counsel attorney fees of nonconsenting father in adoption proceedings assessed against stepfather. In re Adoption of J.M.D., 41 Kan. App. 2d 157, 202 P.3d 27 (2009).


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