HF 2188 (LSB 6128YH (1) 88)

HOUSE FILE 2188

BY  McKEAN

A BILL FOR

An Act relating to the award of attorney fees in proceedings for modifications of dissolution orders and decrees.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 598.36, Code 2020, is amended to read as follows:
   598.36  Attorney fees in proceeding to modify order or decree.
   In a proceeding for the modification of an order or decree under this chapter the court may award attorney fees to the prevailing party in an amount deemed reasonable by the court if the prevailing party demonstrates that the opposing party has acted in bad faith.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Current law allows a court to award attorney fees to the prevailing party in a proceeding for the modification of an order or decree for the dissolution of a marriage. This bill provides that a court may only award attorney fees in such actions if the prevailing party demonstrates that the opposing party has acted in bad faith.