Colorado § 19-4-117 - Costs.

§ 19-4-117. Costs.

The court shall order reasonable fees of counsel, experts, and the child's guardian ad litem and other costs of the action and pretrial proceedings, including genetic tests, to be paid by the parties in proportions and at times determined by the court. In any action brought pursuant to article 13 or 13.5 of title 26, C.R.S., the final costs of any genetic tests or other tests of inherited characteristics shall be assessed against the nonprevailing party on the parentage issue.

Source: L. 87: Entire title R&RE, p. 799, § 1, effective October 1. L. 92: Entire section amended, p. 183, § 2, effective August 1. L. 97: Entire section amended, p. 563, § 11, effective July 1.

Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-6-117 as said section existed in 1986, the year prior to the repeal and reenactment of this title.

ANNOTATION

Annotator's note. The following annotations include cases decided under former provisions similar to this section.

This section and § 13-25-126 are inconsistent on the question of who bears the cost of additional blood tests in paternity actions, but § 13-25-126 controls. L.D.G. v. E.R., 723 P.2d 746 (Colo. App. 1986).

Attorney fees. This section does not predicate an award of attorney fees and costs upon a showing of bad faith. In re C.R.A.H., 647 P.2d 239 (Colo. App. 1981).

Expert witness fees. Expert witnesses are entitled to fees for the time actually spent in the courtroom. In re C.R.A.H., 647 P.2d 239 (Colo. App. 1981).

Mileage fees for out-of-state witnesses. Out-of-state witnesses not under subpoena are not entitled to a mileage fee. In re C.R.A.H., 647 P.2d 239 (Colo. App. 1982).

Determination as to payment of guardian ad litem fees is within discretion of the juvenile court, and its decision will not be disturbed on appeal absent a clear abuse of that discretion. G.K.D. v. R.A.D., 759 P.2d 851 (Colo. App. 1988).

Section dictates that the trial court assess the costs of the genetic tests against the nonprevailing parties, here the mother and the county department of social services, even though there was a presumption of paternity based on the father's acknowledgment of paternity on the birth certificate. People ex rel. L.J.P., 2 P.3d 140 (Colo. App. 2000).

Applied in In Interest of D.R.V., 885 P.2d 351 (Colo. App. 1994).