Bill Analyses and Ratings
Bill Information: H0699 – Attorney’s Fees in Contested Divorce Proceedings
Bill Summary
House Bill 699 amends Idaho Code Section 32-704 to restructure how attorney’s fees are awarded in contested divorce and child custody cases. The bill removes the existing broad provision that allowed courts to order attorney’s fees “from time to time” in any domestic relations proceeding. In its place, the bill establishes a new structured process specifically for contested divorce and child custody matters that requires courts to advise parties at initial hearings about their right to legal representation and the ability to request fee assistance if they lack financial resources.
Under the new provisions, parties claiming inability to afford legal representation may file a motion for attorney’s fees and cost assistance. The court must consider sworn financial statements from both parties, including expected third-party contributions, and apply factors from Section 32-705. The bill caps fee awards so that no party can be ordered to pay more than their own attorney’s fees. It also authorizes courts to sanction parties who file frivolous fee motions by ordering them to pay the opposing party’s attorney’s fees. The bill takes effect July 1, 2026, under an emergency clause.
Overall Assessment
This bill restructures attorney’s fee awards in contested divorce and child custody cases by replacing broad judicial discretion with a more structured process that requires courts to inform parties of their right to request fee assistance. The changes cap fee awards at the amount of the paying party’s own attorney’s fees and create sanctions for frivolous motions. By removing the general provision allowing fee awards “from time to time” in “any proceeding,” the bill may limit fee awards in uncontested divorces and other domestic relations matters not specifically covered by the new contested divorce provisions.
Rating Breakdown
ARTICLE I. RESPONSIBILITY IN GOVERNMENT (0)
This bill modifies court procedures for attorney's fee awards in family law cases. It does not address fiscal responsibility, taxation, balanced budgets, legislative appropriations, or election processes covered by this metric.
ARTICLE II. CITIZEN INVOLVEMENT IN GOVERNMENT (0)
The bill concerns attorney's fees in divorce and custody proceedings. It does not address citizen participation in government, electoral processes, primary elections, or voting rights.
ARTICLE III. EDUCATION (0)
This bill addresses family court procedures for attorney's fees. It does not address education policy, school choice, curriculum, parental rights in education, or funding for educational institutions.
ARTICLE IV. AGRICULTURE (0)
The bill concerns divorce and custody court procedures. It does not address agricultural education, farming, ranching, water rights for agriculture, or family farms.
ARTICLE V. WATER (0)
This bill addresses attorney's fees in family court proceedings. It does not address water rights, water management, inter-basin transfers, or prior appropriation doctrine.
ARTICLE VI. NATURAL RESOURCES AND ENVIRONMENT (0)
The bill modifies family law procedures for attorney's fees. It does not address natural resources, environmental policy, federal lands, wilderness areas, or forest management.
ARTICLE VII. ENERGY (0)
This bill concerns attorney's fees in divorce and custody cases. It does not address energy independence, energy resource development, hydroelectric power, nuclear energy, or electrical rates.
ARTICLE VIII. IDAHO NATIONAL LABORATORIES (0)
The bill addresses family court procedures. It does not address the Idaho National Laboratory, nuclear research, technology transfer, or energy research.
ARTICLE IX. PRIVATE PROPERTY RIGHTS (0)
While divorce proceedings may involve property division, this bill specifically addresses procedural matters of attorney's fee allocation between parties. It does not address regulatory takings, eminent domain, or restrictions on property development rights.
ARTICLE X. STATE AND FEDERAL LANDS (0)
This bill concerns attorney's fees in family law matters. It does not address state or federal land management, federal land ownership, or Idaho's administration of public lands.
ARTICLE XI. WILDLIFE MANAGEMENT (0)
The bill addresses court procedures for attorney's fees in divorce and custody cases. It does not address wildlife resources, Fish and Game management, hunting, fishing, or predator control.
ARTICLE XII. ECONOMY (0)
This bill modifies private fee arrangements between parties in family court. While it affects individuals financially, it does not address commerce and industry, small business regulation, labor policy, or transportation infrastructure.
ARTICLE XIII. HEALTH AND WELFARE (0)
The bill addresses attorney's fee procedures in contested divorce and custody matters. While these proceedings may involve child support determinations, this bill specifically concerns procedural access to legal representation, not child support enforcement mechanisms or healthcare policy.
ARTICLE XIV. AMERICAN FAMILY (0)
The bill establishes procedures for fee awards in contested divorces and custody matters, requiring courts to advise parties about obtaining legal representation. While this may facilitate legal proceedings involving families, the procedural changes to fee awards do not directly address traditional family values, parental authority, or policies that strengthen family stability as defined by this metric.
ARTICLE XV. OLDER AMERICANS (0)
This bill concerns attorney's fees in divorce and custody proceedings. It does not specifically address older Americans, retirement security, healthcare for seniors, or policies affecting the elderly.
ARTICLE XVI. LAW AND ORDER WITH JUSTICE (0)
The bill addresses attorney's fees in civil family court matters. It does not address criminal justice topics including gun rights, the death penalty, drug policy, incarceration, or juvenile justice.
ARTICLE XVII. NATIONAL DEFENSE – SECURING THE BORDER (0)
This bill concerns attorney's fees in divorce and custody cases. It does not address national defense, veterans' affairs, military bases, the National Guard, border security, or terrorism.
ARTICLE XVIII. ELECTION OF JUDGES AND IDAHO SUPREME COURT JUSTICES (0)
The bill modifies family court procedures for attorney's fees. It does not address the election of judges, judicial selection processes, or constitutional interpretation principles.
ARTICLE XIX. RELIGIOUS LIBERTY (0)
This bill concerns attorney's fees in divorce and custody matters. It does not address religious freedom, free exercise of religion, conscience clauses, or the Religious Freedom Restoration Act.