30-3-3 - Award of costs, attorney and witness fees -- Temporary alimony.
30-3-3. Award of costs, attorney and witness fees -- Temporary alimony.
(1) In any action filed under Title 30, Chapter 3, Divorce, Chapter 4, SeparateMaintenance, or Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act, and in any action toestablish an order of custody, parent-time, child support, alimony, or division of property in adomestic 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 defendthe action. The order may include provision for costs of the action.
(2) In any action to enforce an order of custody, parent-time, child support, alimony, ordivision of property in a domestic case, the court may award costs and attorney fees upondetermining that the party substantially prevailed upon the claim or defense. The court, in itsdiscretion, may award no fees or limited fees against a party if the court finds the party isimpecunious or enters in the record the reason for not awarding fees.
(3) In any action listed 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 partyand of any children in the custody of the other party.
(4) Orders entered under this section prior to entry of the final order or judgment may beamended during the course of the action or in the final order or judgment.
Amended by Chapter 3, 2008 General Session