Amends existing law to provide for attorney's fees for parties that lack financial resources in divorce or child custody matters.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 699 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE AN ACT1 RELATING TO ATTORNEY'S FEES; AMENDING SECTION 32-704, IDAHO CODE, TO ESTAB-2 LISH PROVISIONS REGARDING ATTORNEY'S FEES FOR CONTESTED DIVORCE AND3 CHILD CUSTODY MATTERS AND TO MAKE TECHNICAL CORRECTIONS; AND DECLARING4 AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.5

Be It Enacted by the Legislature of the State of Idaho:6

SECTION 1. That Section 32-704, Idaho Code, be, and the same is hereby7 amended to read as follows:8 32-704. ALLOWANCE OF SUPPORT MONEY, COURT COSTS AND ATTORNEY'S FEES --9 REPRESENTATION OF CHILD. 1. (1) While an action for divorce is pending, the10 court may, in its discretion, on the motion of either party and upon show-11 ing made in conformity with section 32-705 or section 32-706, Idaho Code,12 whichever be appropriate, order the payment of temporary maintenance of ei-13 ther spouse by the other or temporary support of a child of the marriage, in14 amounts and on terms just and proper under the circumstances.15 2. (2) The court may, in its discretion, on the motion of either party16 enter a decree of legal separation, providing for custody of children, divi-17 sion of property, payment of debts, payment of child support, and payment of18 spousal support as set forth in the statutes governing domestic relations.19 3. The court may from time to time after considering the financial re-20 sources of both parties and the factors set forth in section 32-705, Idaho21 Code, order a party to pay a reasonable amount for the cost to the other party22 of maintaining or defending any proceeding under this act and for attorney's23 fees, including sums for legal services rendered and costs incurred prior to24 the commencement of the proceeding or after entry of judgment. The court may25 order that the amount be paid directly to the attorney, who may enforce the26 order in his name.27 (3) In a contested divorce or child custody matter, a party at any time28 after the initiation of the proceeding may make a motion for attorney's fees29 and other cost assistance in accordance with this subsection if the party30 contends legal representation cannot be obtained because of a lack of finan-31 cial resources.32 (a) The court shall advise both parties at the initial hearing in a con-33 tested divorce or child custody matter that each party:34 (i) Would be best served by consulting with an attorney and hav-35 ing legal representation in the proceedings; and36 (ii) At the time of the initial hearing or at some other time may37 request the court to order the other party to assist in the pay-38 ment of a party's attorney's fees and other costs of the proceeding39 if the party contends legal representation cannot be obtained be-40 cause of a lack of financial resources.41

2 (b) If a party makes a request by motion for attorney's fees and other1 cost assistance, the court shall consider the sworn financial resources2 of both parties, including any amounts a party expects to receive from a3 third person, and the factors set forth in section 32-705, Idaho Code.4 The court shall enter a written decision regarding the motion. In such5 decision, the court may order a party to pay a reasonable amount for the6 attorney's fees and costs to the other party for maintaining or defend-7 ing a proceeding for a contested divorce or child custody matter. The8 court may order that the amount be paid directly to the attorney, who may9 enforce the order in the attorney's name.10 (c) The party paying the fees and costs shall not be ordered to pay more11 than such party's own attorney's fees.12 (d) The court may order attorney's fees be paid to the nonmoving party13 by the moving party if the court finds the motion for attorney's fees and14 costs of the proceeding was made frivolously or to harass the nonmoving15 party or to delay the proceeding.16 4. (4) The court may appoint an attorney or guardian ad litem to rep-17 resent the interests of a minor or dependent child with respect to his or18 her support, custody, and visitation, but only in those instances where the19 court deems legal representation or other assistance is necessary beyond any20 court ordered and court related services previously authorized for the par-21 ticular case. The court shall enter an order for costs, fees, and disburse-22 ments in favor of the child's attorney or guardian ad litem. The order shall23 be made against either or both parents, except, if both parties are indigent,24 the costs, fees, and disbursements shall be borne by the county in which the25 action is pending.26

SECTION 2. An emergency existing therefor, which emergency is hereby27 declared to exist, this act shall be in full force and effect on and after28 July 1, 2026.29