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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
ACT
1
RELATING
TO
ATTORNEY'S
FEES;
AMENDING
SECTION
32
-
704,
IDAHO
CODE,
TO
ESTAB
-
2
LISH
PROVISIONS
REGARDING
ATTORNEY'S
FEES
FOR
CONTESTED
DIVORCE
AND
3
CHILD
CUSTODY
MATTERS
AND
TO
MAKE
TECHNICAL
CORRECTIONS;
AND
DECLARING
4
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
hereby
7
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,
the
10
court
may,
in
its
discretion,
on
the
motion
of
either
party
and
upon
show
-
1
1
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,
in
14
amounts
and
on
terms
just
and
proper
under
the
circumstances.
15
2.
(2)
The
court
may,
in
its
discretion,
on
the
motion
of
either
party
16
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
of
18
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,
Idaho
21
Code,
order
a
party
to
pay
a
reasonable
amount
for
the
cost
to
the
other
party
22
of
maintaining
or
defending
any
proceeding
under
this
act
and
for
attorney's
23
fees,
including
sums
for
legal
services
rendered
and
costs
incurred
prior
to
24
the
commencement
of
the
proceeding
or
after
entry
of
judgment.
The
court
may
25
order
that
the
amount
be
paid
directly
to
the
attorney,
who
may
enforce
the
26
order
in
his
name.
27
(3)
In
a
contested
divorce
or
child
custody
matter,
a
party
at
any
time
28
after
the
initiation
of
the
proceeding
may
make
a
motion
for
attorney's
fees
29
and
other
cost
assistance
in
accordance
with
this
subsection
if
the
party
30
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;
and
36
(ii)
At
the
time
of
the
initial
hearing
or
at
some
other
time
may
37
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
proceeding
39
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
other
1
cost
assistance,
the
court
shall
consider
the
sworn
financial
resources
2
of
both
parties,
including
any
amounts
a
party
expects
to
receive
from
a
3
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
such
5
decision,
the
court
may
order
a
party
to
pay
a
reasonable
amount
for
the
6
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.
The
8
court
may
order
that
the
amount
be
paid
directly
to
the
attorney,
who
may
9
enforce
the
order
in
the
attorney's
name.
10
(c)
The
party
paying
the
fees
and
costs
shall
not
be
ordered
to
pay
more
1
1
than
such
party's
own
attorney's
fees.
12
(d)
The
court
may
order
attorney's
fees
be
paid
to
the
nonmoving
party
13
by
the
moving
party
if
the
court
finds
the
motion
for
attorney's
fees
and
14
costs
of
the
proceeding
was
made
frivolously
or
to
harass
the
nonmoving
15
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
or
18
her
support,
custody,
and
visitation,
but
only
in
those
instances
where
the
19
court
deems
legal
representation
or
other
assistance
is
necessary
beyond
any
20
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
shall
23
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
the
25
action
is
pending.
26
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
27
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
28
July
1,
2026.
29