House Study Bill 506



                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE
                                            ON JUDICIARY BILL BY
                                            CHAIRPERSON PAULSEN)


    Passed House, Date                Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the payment of costs of reasonable attorney
  2    fees and other expenses related to certain paternity and
  3    adoption procedings.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5233YC 81
  6 pf/sh/8

PAG LIN



  1  1    Section 1.  NEW SECTION.  600B.26  PAYMENT OF ATTORNEY
  1  2 FEES.
  1  3    In a proceeding to determine custody or visitation, or to
  1  4 modify a paternity, custody, or visitation order under this
  1  5 chapter, the court may award the prevailing party reasonable
  1  6 attorney fees.
  1  7    Sec. 2.  2004 Iowa Acts, chapter 1175, section 139,
  1  8 subsection 1, paragraph b, is amended to read as follows:
  1  9    b.  The general limitation on attorney fees under the
  1 10 program shall be $500 per recipient.  However, up to an
  1 11 additional $200 may be allowed for reasonable court costs and
  1 12 other related legal expenses.
  1 13                           EXPLANATION
  1 14    This bill relates to the awarding and allowance of attorney
  1 15 fees and other expenses related to proceedings involving
  1 16 establishment of paternity, determination of custody and
  1 17 visitation, and modifications of the orders relating to these
  1 18 proceedings and those expenses related to the adoption subsidy
  1 19 program.  The bill provides that in addition to the existing
  1 20 provision which allows for the awarding of the reasonable
  1 21 costs of the suit, including reasonable attorney fees, to the
  1 22 prevailing party in a proceeding to establish paternity, in a
  1 23 proceeding to determine custody or visitation, or to modify a
  1 24 paternity, custody, or visitation order under the chapter
  1 25 relating to paternity and obligation for support, the court
  1 26 may award the prevailing party reasonable attorney fees.
  1 27    The bill also provides that under the adoption subsidy
  1 28 program, in addition to the existing provision which allows
  1 29 for the payment of reasonable attorney fees up to $500, up to
  1 30 an additional $200 would be allowed for the payment of
  1 31 reasonable court costs and other related legal expenses.
  1 32 LSB 5233YC 81
  1 33 pf:nh/sh/8