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SF 374

A bill for an act relating to payment of reasonable attorney fees for contempt relative to a dissolution of marriage proceeding.

2025-2026 Regular Session Introduced by Adrian Dickey

Allows courts in divorce cases to order the contemnor to pay the opposing party's reasonable attorney fees incurred enforcing temporary orders or final decrees.

Committee report approving bill, renumbered as SF 521.
#attorneys #civilprocedure #contempt #dissolutionofmarriage #domesticrelations #fees #judgmentsanddecrees
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Bill Summary · SF 374

Summary of SF 374 (Renumbered as SF 521): Payment of Reasonable Attorney Fees for Contempt in a Dissolution of Marriage

Overview

This bill would authorize a court to order the party found in contempt to pay reasonable attorney fees incurred by the opposing party as a result of the contemptuous conduct in a dissolution of marriage proceeding. The change targets willful disobedience of temporary orders or final decrees in divorce-related cases, providing a monetary remedy to the non-contemptuous party for legal fees incurred while enforcing the court’s orders.

Key Provisions

  • New authority added to statute: The bill adds a new paragraph (paragraph e) to Section 598.23(2) of the Code (2025 version).
  • What the court can require: If a person is found in contempt for willfully disobeying a temporary order or final decree in a dissolution of marriage proceeding, the court may direct that person to pay the reasonable attorney fees incurred by the opposing party as a result of the contempt.
  • Scope of action: Applies specifically to contempt related to temporary orders or final decrees in dissolution of marriage proceedings.
  • Nature of fees: The fees to be paid are those deemed “reasonable attorney fees” incurred by the affected party due to the contemptuous actions.

Party Impact

  • Contemnor: May be required to pay the opposing party’s attorney fees if found to have willfully disobeyed relevant orders or decrees.
  • Opposing party/attrorney: Could recover reasonable attorney fees incurred in enforcing compliance with the court’s orders.
  • Judiciary: Court personnel would assess contempt findings and determine the corresponding attorney fee award.
  • Dissolution proceedings: Adds a potential financial consequence to contempt, potentially affecting enforcement dynamics.

Procedural History and Timeline

  • Introduced: February 19, 2025 (SF 374), referred to the Judiciary.
  • Subcommittee action: February 20, 2025 (subcommittee members Rowley, Garrett, Knox); Subcommittee met February 27, 2025.
  • Subcommittee report: February 25, 2025 (recommendation for passage).
  • Committee action: March 3, 2025 (subcommittee recommendation); March 5, 2025 (committee report approving the bill).
  • Renumbering and current status: The bill was approved by the committee and renumbered as SF 521. Status indicates it has cleared committee and awaits further action on the floor.

Sponsors

  • Primary sponsor: Senator Dickey

Practical Notes

  • The text provides a framework for fee shifting in contempt cases within dissolution proceedings but does not specify definitions beyond “reasonable” fees or the exact factors for determining reasonableness.
  • If enacted, the provision would offer a clear mechanism for compensating a party’s legal costs arising from a contemnor’s disobedience, potentially influencing behavior and compliance in divorce-related court orders.

This summary reflects the introduced language and the bill’s current committee actions up to renumbering as SF 521.

Compiled from official sources — confirm details with the bill’s official record.

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