SHB 2474 - H AMD

By Representative Carrell

On page 1, beginning on line 9, strike all of section 2 and insert the following:

ASec. 2. RCW 26.09.140 and 1973 1st ex.s. c 157 s 14 are each amended to read as follows:

(1) The court from time to time after considering the financial resources of both parties may order a party to pay a reasonable amount for the cost to the other party, including a party not represented by an attorney, of maintaining or defending any proceeding under this chapter and for reasonable attorney's fees or other professional fees in connection therewith, including sums for legal services rendered and costs incurred prior to the commencement of the proceeding or enforcement or modification proceedings after entry of judgment.

Upon any appeal, the appellate court may, in its discretion, order a party to pay for the cost to the other party of maintaining the appeal and attorney's fees in addition to statutory costs.

The court may order that the attorney's fees be paid directly to the attorney who may enforce the order in his name.

(2) Notwithstanding subsection (1) of this section, the court shall award a party representing himself or herself reasonable attorney=s fees if the court finds that the other party brought an action, raised issues in an action, or raised a defense in an action under this chapter that the court deems to be frivolous and without reasonable cause and if such fees would have been awarded to a party represented by an attorney. Fees awarded under this subsection shall be based on the prevailing local hourly rate charged by attorneys practicing family law. The number of hours that the party shall be compensated for shall be based on the number of hours that an attorney would have needed to accomplish the results obtained by the party.@

Correct the title.