PUBLIC LAWS
First Special Session of the 122nd

CHAPTER 323
H.P. 1054 - L.D. 1502

An Act To Implement Recommendations of the Family Law Advisory Commission

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 19-A MRSA §105 is enacted to read:

§105.   Award and payment of attorney's fees and other fees

     1. Attorney's fees and costs. In an action under this Title, including actions to modify or enforce existing orders, the court may, after an opportunity for hearing, order a party, including a party in interest, to pay another party or another party's attorney reasonable attorney's fees, including costs, for participation in the proceedings.

     2. While pending; part of final decision. In appropriate cases, the court may order fees and costs paid while an action is pending, including while on appeal, or may make an order as part of a final decision in a case.

     3. Fees and expenses of 3rd-party participants. The court may order a party to pay reasonable fees and expenses of 3rd-party participants in the proceedings, including guardians ad litem, expert witnesses and providers of services, whether retained by a party or the court.

     4. Interest; means of collection. Awards under this section are subject to the accumulation of statutory interest and may be collected by any means available under law, including, but not limited to, remedies available under Title 14 and Title 36, section 5276-A. Additional fees may be assessed in appropriate cases when additional fees are incurred for prosecuting collection actions.

     Sec. 2. 19-A MRSA §352, sub-§1, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:

     1. Membership. The commission is composed of 9 11 members appointed by the Chief Justice of the Supreme Judicial Court. The members must have experience in practicing family law or be knowledgeable about family law. The membership of the commission must include:

A. An active Superior Court Justice;
B. An active District Court Judge;
B-1. An active family case management officer;
C. A current Probate Court Judge;
D. Two members of the family law section of the Maine State Bar Association, or its successor;
E. A representative of a legal services organization;
E-1. A representative of the Court Alternative Dispute Resolution Service;
F. A representative of the department; and
G. Two public members, at least one of whom has experience providing mental health services.

     Sec. 3. 19-A MRSA §851, sub-§8, ¶¶B and E, as enacted by PL 1997, c. 224, §4 and affected by §5, are amended to read:

B. Make reasonable provision for either spouse's support, on a motion for which costs and attorney's fees may be ordered;
E. Enforce obedience by appropriate processes on which costs and attorney's fees are taxed as in other actions.

     Sec. 4. 19-A MRSA §901, sub-§6, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:

     6. Attorney's fees and costs. The court may order either party to pay the costs and attorney's fees of the other party in the defense or prosecution of a divorce. Attorney's fees awarded in the nature of support may be made payable immediately or in installments.

     Sec. 5. 19-A MRSA §904, sub-§1, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is repealed.

     Sec. 6. 19-A MRSA §904, sub-§§2 and 4, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, are amended to read:

     2. Support. Make reasonable provision for either spouse's separate support, on a motion for which costs and attorney's fees may be ordered;

     4. Enforcement. Enforce obedience by appropriate processes on which costs and attorney's fees are taxed as in other actions;

     Sec. 7. 19-A MRSA §952, sub-§1, ¶¶D and E, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, are amended to read:

D. For payment of related attorney's fees; or
E. For alteration of an existing decree or order for the custody or support of a child.; or

     Sec. 8. 19-A MRSA §952, sub-§1, ¶F is enacted to read:

F. For division and disposition of property ancillary to a divorce judgment, including, but not limited to, proceedings to effectuate a qualified domestic relations order; to reach, attach or liquidate property; or to quiet title.

     Sec. 9. 19-A MRSA §952, sub-§3, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:

     3. Attorney's fees. When making a final decree, the court may order a party to pay reasonable attorney's fees. Attorney's fees awarded in the nature of support may be made payable immediately or in installments.

     Sec. 10. 19-A MRSA §1552, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:

§1552. Obligations of father

     The father of a child who is or may be born out of wedlock is liable to the same extent as the father of a child born in wedlock, whether or not the child is born alive, for the reasonable expense of the mother's pregnancy and confinement and for the education, support and funeral expenses of the child, and reasonable attorney's fees for the prosecution of paternity proceedings.

     Sec. 11. 19-A MRSA §1606, sub-§6, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is repealed.

     Sec. 12. 19-A MRSA §1653, sub-§8, ¶C, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:

C. The court may require the payment of part or all of the medical expenses, hospital expenses and other health care expenses of the child. The court order must include a provision requiring the obligated at least one parent to obtain and maintain health insurance coverage for medical, hospitalization and dental expenses, if reasonable cost health insurance is available to the obligated that parent. The court order must also require the obligated parent providing insurance to furnish proof of coverage to the obligee other parent within 15 days of receipt of a copy of the court order. If reasonable cost health insurance is not available at the time of the hearing, the court order must establish the obligation to provide health insurance on the part of the obligated at least one parent, effective immediately upon reasonable cost health insurance being available.

     Sec. 13. 19-A MRSA §1803, sub-§6, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is repealed.

     Sec. 14. 19-A MRSA §2102, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:

§2102. Enforcement of rights

     The obligee may enforce the right of support against the obligor, and the State or any political subdivision of the State may proceed on behalf of the obligee to enforce that right of support against the obligor. When the State or a political subdivision of the State furnishes support to an obligee, it has the same right as the obligee to whom the support was furnished, for the purpose of securing an award for past support and of obtaining continuing support. The obligee's right of support includes an independent right to seek appropriate attorney's fees for handling the action. An award of attorney's fees may be collected by any means available under the law, including, but not limited to, remedies available under Title 14 and Title 36, section 5276-A.

Effective September 17, 2005.

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