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A query was raised regarding whether an appeal against a divorce sentence, contesting child maintenance payments for an adult daughter, is exempt from court fees. The DGT ruled that, as there is no applicable exemption or right to legal aid, the court fee must be paid.
Cuestión planteada Procedencia de exigir la tasa por el ejercicio de la potestad jurisdiccional en los órdenes civil, contencioso-administrativo y social.
El recurso de apelación contra una sentencia de divorcio no se encuentra entre las exenciones previstas en el artículo 4 de la Ley 10/2012. Al no existir reconocimiento del derecho a la asistencia jurídica gratuita, procede la autoliquidación de la tasa por el ejercicio de la potestad jurisdiccional en el orden civil.
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