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Read. Follow. Verify.Idaho House Bill 699 authorizes courts to order attorney's fees in contested divorce and child custody cases for parties lacking financial resources
Last action · February 17, 2026: Reported Printed and Referred to Judiciary, Rules & Administration
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What This Bill Proposed
DOMESTIC RELATIONS – Amends existing law to provide for attorney’s fees for parties that lack financial resources in divorce or child custody matters.
Low-income litigants in contested family law disputes gain a formal mechanism to petitioning courts for financial assistance covering legal representation and court costs from the opposing party. The legislation caps the required payment so that the paying party cannot be ordered to disburse more than the amount of their own attorney's fees, while also establishing penalties including fee liability for frivolous or harassing fee motions.
Who It Would Have Affected
Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.
parties in contested divorce or child custody matters
Litigants gain the right to receive court advisements about legal representation and to petition for opposing party assistance with attorney's fees and litigation costs.
minor or dependent children
Children may have an attorney or guardian ad litem appointed by the court to represent their interests regarding support, custody, and visitation.
counties in Idaho
County governments must bear the costs, fees, and disbursements of a child's court-appointed attorney or guardian ad litem if both parents are found to be indigent.
Key Facts
- The court must advise both parties at the initial hearing in a contested divorce or child custody matter that each party would be best served by consulting an attorney and may request the court to order the other party to assist in paying attorney's fees and costs.
- A party may file a motion for attorney's fees and cost assistance if legal representation cannot be obtained because of a lack of financial resources.
- When a fee request is made, the court must consider the sworn financial resources of both parties, including expected third-party contributions, and enter a written decision.
- The party ordered to pay attorney's fees and costs shall not be required to pay more than that party's own attorney's fees.
Show all 6 facts
- The court may order attorney's fees to be paid to the nonmoving party by the moving party if the court finds the motion for fees was made frivolously, to harass, or to delay.
- The court may appoint an attorney or guardian ad litem for a minor or dependent child, with costs assessed against either or both parents, or borne by the county if both parties are indigent.
Frequently Asked Questions
Can I request help paying for an attorney in a contested divorce?
Is there a limit to how much the paying party can be ordered to pay?
What happens if someone files a frivolous motion for attorney's fees?
What else do you want to know?
News Coverage
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Votes, people, money & the original sourceWhere This Stands
This bill did not become law - Died at adjournment · in House committee.
Procedural history
2 actions- Feb 17, 2026CommitteeReported Printed and Referred to Judiciary, Rules & Administration
- Feb 16, 2026IntroducedIntroduced, read first time, referred to JRA for Printing
Version history
Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.
View official text →Lobbying Activity
No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.
Full breakdown
Who this bill affects and the strongest case for and against it, written only from the bill’s own text.
Connected Entities
Sources
legislature.idaho.gov
Analysis Score
0–100- Significance20Lowered because this bill did not pass (its text scored 65)
- Controversy25Intensity of disagreement among stakeholders
- Entertainment5Compellingness for a non-policy-wonk reader
- Buzz15Current news / social attention level
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