Fees for judicial discretion, or collection of court costs in family disputes

Abstract

Reimbursement of court costs by the losing party is a mechanism for balancing the interests of the parties to the civil process. But it is necessary to take into account the features of the material dispute, because often a sum of money collected as court costs will excess the alimony that the plaintiff must pay over a long period of time. In this regard, the issue of the reasonableness of the limits of reimbursement for the services of a representative in family disputes becomes relevant. 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 and the desire to reach an agreement on 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 competence of the court, which implies the need to provide additional grounds for the release or reduction of the recoverable expenses for a representative.