An Act To Implement Recommendations of the Family Law Advisory Commission
Maine Legislature, Session 122, LD 1502
Committee: Judiciary
Amends: 19-A MRSA §3, 19-A MRSA §851, 19-A MRSA §904, 19-A MRSA §952, 19-A MRSA §1552, 19-A MRSA §1606, 19-A MRSA §1653, 19-A MRSA §1803, 19-A MRSA §2102

Legislative Document 
No. 1502 
H.P.1054 
House of Representatives, March 28, 2005 
An Act To Implement Recommendations of the Family Law 
Advisory Commission 
Reported by Representative PELLETIER-SIMPSON of Auburn for the Family Law 
Advisory Commission pursuant to the Maine Revised Statutes, Title 19-A, section 354, 
subsection 2. 
Reference to the Committee on Judiciary suggested and ordered printed under Joint Rule 
218. 
Printed on recycled paper 
'!J'l~ /J7.1T!dC~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 19-A MRSA §§105 and 106 are enacted to read: 
§10S. 
Avard and payment of attorney's fees and other f~ 
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 expens.ru; of 3rd-part,y participants. 
The court 
may 
order 
a 
party 
to 
pay 
reasonable 
fees 
and 
expenses 
o[ 
3rd-party participants in the proceedings, including guardians ad 
litem, 
expert 
witnesses 
and 
providers 
of 
services, 
whether 
retained by a party or the court. 
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. 
§106. 
Exclusion of public 
1. 
Court order to e~clude. 
In any action under this Title, 
upon the re<;j;uest of a party, either personally or through the 
party's attorney, the court 
shall exclude the public from the 
court proceedings, 
unless the other party who has entered an 
appearance objects either personally or through the other par~ 
attorney. 
Even if the other party objects, the court may exclude 
the public from the court proceedings. 
2. 
Permitted to be present. 
If the court excludes the 
public 
from 
the 
court 
proceedings, 
only 
the 
parties, 
their 
attorneys, court officers and witnesses may be present. 
Sec. 2. 19-A MRSA §3S2~ sub-§I, as enacted by PL 1995, c. 694, 
Pt. B, §2 and affected by Pt. E, §2, is amended to read: 
Page l-LRI836(1) 
1. 
Membership. 
The commission 
appointed by the Chief Justice of 
The members must have experience in 
knowledgeable about family law. 
The 
must include: 
is composed of 9 1J members 
the Supreme Judicial Court. 
practicing family law or be 
membership of the commission 
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 supportr 
ea-~-~~~-fe£--waiGa-~~-aB4--a&&9Faey~s-~~-may--ge 
eFeeFee; 
E. 
Enforce 
obedience 
by appropriate processes 
ea--wAieA 
ees&s-aae-a&&eFaey~s-fees-aFe-taHee-as-ia-e&aeF-ae&ieas. 
Sec. 4. 19-A MRS A §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. 
±ae-£~~~-~-9~F-eitaeF 
~a£&y-~e-~-~~~&~&-aae-at&eFaey~s-~€€~-~-~~~~r-~ar&y-ia 
tae-eefeB5e-~-~~~~~~-a-eiveFeeT 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 enac ted by PL 1995, 
c. 694, Pt. a, §2 and affected by Pte E, §2, are amended to read: 
2. 
Support. 
Make reasonable provision for either spouse's 
separate supportT-eH-a-~~~~~-~~~~-a&G-a&&~Faey~&-Eee6 
FRaY-Be-ef'aef'ea; 
4. 
Enforcement. 
Enforce obedience by appropriate processes 
eH-wRieR-ees~s-aBa-a~~ef'Bey~s-EeeS-af'e-~aHea-a6-iB-e~Ref'-ae~ieB6; 
Sec. 7. 19-A MRS A §952, sub-§I, 1f1fD and E, as enacted by PL 
1995, c. 694, Pt. a, §2 and affected by Pt. E, §2, are amended to 
read: 
D. 
For payment of related attorney's fees; eF 
E. 
For alteration of an existing decree or order for the 
custody or support of a childT~ 
Sec. 8. 19-A MRSA §952, sub-§I, V 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 
gualified domestic 
relations 
order; 
to 
reach, attach or liguidate property; or to quiet title. 
Sec. 9. 19-A MRSA §952. sub-§3. as enacted by PL 1995, c. 694, 
Pt. a, §2 and affected by Pt. E, §2, is amended to read: 
3. 
Attorney's fees. 
WReB-makiH~-~~-~~~~r-&He-ee~F~ 
FRay-~~e~-~~F~~-&e-~aY-~~HHrl~~~~Faey~&-Eee6T 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. 
a, §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 childT-aBa 
f'eaSeBaB~e--a~~ef'Bey~s--Eee6--Eef'--&Re--Ff'eSee~&ieB--eE--Fa~eFBi~y 
Ff'eeeeaiB~s. 
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 
prov~s~on requiring 
t:ae--4&.l-~at:ea 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 
t:be-eBli~at:ea ~ 
parent. 
The 
court order must also require 
the 
eBli~at:ea parent 
providing insurance to furnish proof of coverage to the 
eBli~ee 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 
t:ae--eBli~at:ea 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. 
±ae-~.l-~~&-~-ight--~~--sappeFt: 
~Belaaes-aR-~RB€peRB€R~-~~~~~~-a~~~~~~a~-a~t:eFBey~&-€ees 
€eF--hand-l-ing---t-he--aet:ieBT 
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. 
SUMMARY 
This bill puts into law recommendations of the Family Law 
Advisory Commission. 
This bill authorizes a court to order payment of attorney's 
fees and costs while an action under the Maine Revised Statutes. 
Title 
19-A is 
proceeding 
or 
when 
the 
action is 
completed. 
Current law authorizes attorney's fees in only limited types of 
family law actions. 
The court may order a party to pay the fees 
and expenses of 3 rd-party participants. including guardians ad 
litem. 
expert witnesses 
and service providers. 
The costs of 
prosecuting a collection action may also be awarded. 
This bill 
deletes attorney's fees provisions throughout Title 19-A that are 
duplicative. 
This bill adds 
a 
family 
case 
management 
officer 
and 
a 
representative of the Judicial Branch's Court Alternative Dispute 
Resolution Service to the membership of the Family Law Advisory 
Commission. 
This 
bill 
amends 
the 
definition of 
"decree 
of 
spousal 
support. support or costs" to include an order for the division 
and disposition of property connected to 
a 
divorce 
judgment. 
including. 
among 
other 
actions. 
proceedings 
to 
effectuate 
a 
qualified domestic relations order. to reach. attach or liquidate 
property or to quiet title. 
Current law presumes that the 
also provides health insurance for 
the court to order either parent 
coverage for the child. 
parent paying child support 
the child. 
This bill allows 
to provide health insurance