Virginia Code

Va. Code Ann. § 20-146.33 (2026)

Costs, fees, and expenses

✓ current as of May 2026

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A. The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate.

B. The court may not assess fees, costs, or expenses against a state unless authorized by law other than this act.

1979, c. 229, § 20-136; 2001, c. 305.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2008–2022 · leading case: Tyszcenko v. Donatelli, 670 S.E.2d 49 (Va. Ct. App. 2008).

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Tyszcenko v. Donatelli, 670 S.E.2d 49 (Va. Ct. App. 2008). · cites it 72× “On appeal, father claims the trial court erred in utilizing Code § 20-146.33(A) as the statutory basis for awarding mother attorney’s fees.”

N.S. v. D.M., 231 Cal. Rptr. 3d 67 (Cal. Ct. App. 5th 2018). “2d 49 , 54 [ Va. Code Ann. § 20-146.33 (A)"applies solely to enforcement-related proceedings"]; Delgado v.”

Soudabeh White v. Malcolm White (Va. Ct. App. 2015). · cites it 24× “26 and also awarded father $55,772 of his attorneys’ fees and costs related to the registration litigation under Code § 20-146.33. Mother now appeals both of these rulings.”

Horacio Eugenio Sobol v. Christine Marie Sobol (Va. Ct. App. 2022). · cites it 4× “In Tyszcenko, we reversed a trial court’s award of attorney fees because it erroneously had based its award on Code § 20-146.33(A). 53 Va. App. at 221 .”

— Va. Code Ann. § 20-146.33(A) — 3 cases

Tyszcenko v. Donatelli, 670 S.E.2d 49 (Va. Ct. App. 2008). “On appeal, father claims the trial court erred in utilizing Code § 20-146.33(A) as the statutory basis for awarding mother attorney’s fees.”

Soudabeh White v. Malcolm White (Va. Ct. App. 2015). “26 and also awarded father $55,772 of his attorneys’ fees and costs related to the registration litigation under Code § 20-146.33. Mother now appeals both of these rulings.”

Horacio Eugenio Sobol v. Christine Marie Sobol (Va. Ct. App. 2022). “In Tyszcenko, we reversed a trial court’s award of attorney fees because it erroneously had based its award on Code § 20-146.33(A). 53 Va. App. at 221 .”

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