§ 19-7-50.Expenses of litigation
Chapter 7. Parent and Child Relationship Generally · Article 3. Determination of Paternity · Last amended 1980 · Last verified October 9, 2026
Full Text of § 19-7-50
Plain-English Summary
Paternity cases cost money: lawyers, expert witnesses, genetic tests, sometimes a guardian ad litem for the child. This section gives the court a broad, discretionary power to decide who pays. The court “may” order reasonable fees of counsel, experts and the child’s guardian ad litem, along with other costs of the action and pretrial proceedings, including blood and other tests, paid by the parties.
The court also sets the shares and the timing. It may divide the costs among the parties in whatever proportions it decides and require payment at times it chooses, so costs can be split, assigned to one side, or paid in stages as the case goes on. The section sets no formula, so the outcome depends on the judge’s discretion.
Other sections fill in particular costs. Section 19-7-44 says the guardian ad litem is paid as the court orders. Section 19-7-49(c) lets the court award pregnancy, childbirth and genetic testing costs in the final decree. Section 19-7-43(f) sets special rules on testing costs in cases involving the Department of Human Services, and § 19-7-54 has its own fee rules for motions to set aside paternity. The section has not been amended since its 1980 enactment.
Frequently Asked Questions
Who pays attorney’s fees in a Georgia paternity case?
The court decides. It may order reasonable fees of counsel to be paid by the parties in proportions and at times it determines. The section sets no formula, and an award is discretionary, so outcomes vary with the judge and the facts.
Who pays for genetic testing in a Georgia paternity case?
The court may order the parties to pay the costs of the action and pretrial proceedings, including blood and other tests, in the proportions it decides. Special rules apply in some cases: under § 19-7-43(f), the Department of Human Services pays when a party receives child support services, subject to recoupment from a man found to be the father.
Can the court order the parties to pay the guardian ad litem?
Yes. The court may order reasonable fees of the child’s guardian ad litem to be paid by the parties in proportions and at times it decides. Section 19-7-44 likewise says payment of the guardian ad litem shall be as ordered by the court.
When do fees and costs have to be paid in a paternity case?
At the times the court determines. The section lets the judge set the timing as well as the shares, so a court could order payment up front, in installments, or at the end of the case. The order in your case controls.
Is a Georgia court required to award fees in a paternity case?
No. The section says the court “may” order fees and costs, which makes it discretionary. By contrast, under § 19-7-54(h), when a motion to set aside a paternity determination fails, the court must assess costs and attorney’s fees against the movant.
Amendment History
Laws 1980, p. 1374, § 1.
Formerly Code 1933, § 74-311.