With no explanation, chose the best option from "A", "B", "C" or "D". . . . Customarily, attorney fees and costs are awarded only to prevailing parties ... or assessed against those who file frivolous suits. (Citations omitted.) Ryan v. Ryan, 257 Neb. 682, 693, 600 N.W.2d 739, 746 (1999). We are unable to determine from the record whether this case is a paternity action or a modification of a divorce decree. Daniel’s brief states that the parties were divorced by a decree on April 5,1994. Carol’s brief, on the other hand, states that the parties only lived together. If Carol’s brief is correct and the parties were never married, this case is essentially a paternity and child support case. Neb. Rev. Stat. § 43-1412(3) (Reissue 1998) provides for the award of attorney fees in such actions. See, also, Cross v. Perreten, 257 Neb. 776, 600 N.W.2d 780 (1999) (<HOLDING>). If Daniel’s brief is correct and the parties

A: holding abuse of discretion is the proper standard for reviewing award of attorney fees in patent cases although questions of law may in some cases be relevant
B: holding nondischargeable attor neys fees owed directly to an attorney from a paternity suit
C: holding that  4314123 specifically allows for attorney fees in paternity and child support cases
D: holding that child is not bound by paternity determination in marital dissolution action
C.