Collection of Family Dispute Court Costs or Discretion Fees?

Introduction. Reimbursement of court costs by the losing party in theory and law enforcement practice is considered as a mechanism to ensure a balance of interests of the parties. At the same time, a sum of money is often collected as court costs in excess of the alimony that the plaintiff paid for the previous year. In this regard, the issue of the reasonableness of the limits of reimbursement for the services of a representative in family disputes becomes relevant. Purpose. The purpose of the study is to identify compliance with the criteria for the reasonableness of collecting court costs in family disputes. Results. It is proposed to take into account the reasonableness and good faith of the behavior of the person who filed claims for reimbursement of court costs in a family dispute, the existence of attempts at an out-of-court settlement, whether the party participates in the maintenance of the child. It should also be borne in mind that the issues of determining the amount of alimony and the procedure for communication are within the jurisdiction of the court, which implies the need to provide additional grounds for the release or reduction of the recoverable expenses for a representative.

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Publication Details

Journal
Herald of Omsk University Series Law
Published
2025-09-03
DOI
https://doi.org/10.24147/1990-5173.2025.22(2).52-55
Primary Topic
Conflict of Laws and Jurisdiction
Type
article
Field-Weighted Citation Impact
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article

Collection of Family Dispute Court Costs or Discretion Fees?

N.A. Temnikova
Herald of Omsk University Series Law
Conflict of Laws and Jurisdiction
article

Collection of Family Dispute Court Costs or Discretion Fees?

N.A. Temnikova
article en

Abstract

Introduction. Reimbursement of court costs by the losing party in theory and law enforcement practice is considered as a mechanism to ensure a balance of interests of the parties. At the same time, a sum of money is often collected as court costs in excess of the alimony that the plaintiff paid for the previous year. In this regard, the issue of the reasonableness of the limits of reimbursement for the services of a representative in family disputes becomes relevant. Purpose. The purpose of the study is to identify compliance with the criteria for the reasonableness of collecting court costs in family disputes. Results. It is proposed to take into account the reasonableness and good faith of the behavior of the person who filed claims for reimbursement of court costs in a family dispute, the existence of attempts at an out-of-court settlement, whether the party participates in the maintenance of the child. It should also be borne in mind that the issues of determining the amount of alimony and the procedure for communication are within the jurisdiction of the court, which implies the need to provide additional grounds for the release or reduction of the recoverable expenses for a representative.

Herald of Omsk University Series LawVol. 22(3)
Omsk State University (RU)
Openalex Percentile: Top 68%
Conflict of Laws and Jurisdiction
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