2A:4-30.89 Assessment of fees, costs.


2A:4-30.89  Assessment of fees, costs.

      25.  a.  The petitioner may not be required to pay a filing fee or other costs.

      b.      If an obligee prevails, a responding tribunal may assess against an obligor filing fees, reasonable attorney's 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 responding state, except as provided by other law.  Attorney's 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.

      c.      The tribunal shall order the payment of costs and reasonable attorney's fees if it determines that a hearing was requested primarily for delay.  In a proceeding under sections 33 through  46 of this act, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change.

      L.1998,c.2,s.25.
 
2A:4-30.90  Participation by petitioner; immunity, certain.

      26.  a.  Participation by a petitioner in a proceeding before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.

      b.      A petitioner is not amenable to service of civil process while physically present in this State to participate in a proceeding under this act.

      c.      The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this act committed by a party while present in this State to participate in the proceeding.

      L.1998,c.2,s.26.
 
2A:4-30.91  Nonparentage plea not available, certain.

      27.      A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this act.

      L.1998,c.2,s.27.