Ind. Code » Title 31
Indiana Code

Ind. Code § 31-17-7-1 (2025)

Costs and attorney's fees; order for direct payment to attorney

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 1. (a) The court periodically may order a party to pay a reasonable amount for the cost to the other party of maintaining or defending any proceeding under IC 31-17-2, IC 31-17-4, IC 31-17-6, or this chapter and for attorney's fees and mediation services, including amounts for legal services provided and costs incurred before the commencement of the proceedings or after entry of judgment.

     (b) The court may order the amount to be paid directly to the attorney, who may enforce the order in the attorney's name.

[Pre-1997 Recodification Citation: 31-1-11.5-16(a) part.]

As added by P.L.1-1997, SEC.9. Amended by P.L.199-1997, SEC.6.

 

Notes of Decisions
Cited in 28 cases (2 in the last 5 years), 1998–2026 · leading case: Carl Wayne Montgomery v. Patricia Ann Montgomery, 59 N.E.3d 343 (Ind. Ct. App. 2016).
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Carl Wayne Montgomery v. Patricia Ann Montgomery, 59 N.E.3d 343 (Ind. Ct. App. 2016). · cites it 4× “[35] The second statute is Indiana Code Section 31-17-7-1, which permits a court to periodically order one parent to pay reasonable attorney fees to the other parent related to maintaining or defending custody and parenting time proceedings.”
Haley v. Haley, 771 N.E.2d 743 (Ind. Ct. App. 2002). · cites it 2× “Indiana Code § 31-17-7-1 is the appropriate authority upon which to rely when determining if attorney fees are warranted in a custody and visitation modification.”
Allen v. Proksch, 832 N.E.2d 1080 (Ind. Ct. App. 2005). · cites it 2× “Ind.Code § 31-17-7-1(a) provides that a trial court "periodically may order a party to pay a reasonable amount for the cost to the other party of maintaining or defending [a custody proceeding] and for attorney's fees .”
In re Paternity of As, 948 N.E.2d 380 (Ind. Ct. App. 2011). · cites it 2× “Indiana Code Section 31-17-7-1(a) authorizes the court to order a party to pay a reasonable amount to the other party of maintaining or defending child custody proceedings.”
Ryan A. Benefiel v. Junko M. Stalker, 119 N.E.3d 1133 (Ind. Ct. App. 2019). · cites it 2× “Code § 31-16-11-1 (providing that a trial court may periodically order a party to a child-support proceeding to pay a reasonable amount for attorney's fees); Ind. Code § 31-17-7-1 (same for proceedings for custody/custody modification and parenting time).”
Deasy-Leas v. Leas, 693 N.E.2d 90 (Ind. Ct. App. 1998). “CODE § 31-17-7-1 through IC 31-17-7-2 (1997 Supp.”
B.M.S. v. E.M., 948 N.E.2d 380 (Ind. Ct. App. 2011). · cites it 2× “Indiana Code Section 31-17-7-1(a) authorizes the court to order a party to pay a reasonable amount to the other party of maintaining or defending child custody proceedings.”
Green v. Green, 889 N.E.2d 1243 (Ind. Ct. App. 2008). · cites it 2× “On appeal, Mother argues that Indiana Code § 31-17-2-23 (2004) does not apply but rather Indiana Code § 31-17-7-1, which allows reasonable attorney’s fees — without the extreme hardship restriction — for defending a custody proceeding.”
Jennifer Lynn Goetz v. James Lawrence Franklin Goetz, No. 25A-DC-02101 (Ind. Ct. App. May 18, 2026). · cites it 8× “2024) (“Indiana Code Section 31-17-7-1 . . . allows the award of attorney’s fees in post-dissolution cases .”
In re the Marriage of Christine A. Milcherska & Douglas R. Biggs (mem. dec.), No. 71A03-1605-DR-1203 (Ind. Ct. App. June 9, 2017). · cites it 4× “Ind. Code § 31-17-7-1 (a). Similarly, a court “may” order either or both parents of a child represented by a GAL to pay a “user fee.”
Gregory Rietdorf v. Michelle Rietdorf (mem. dec.), No. 19A-MI-695 (Ind. Ct. App. Sept. 25, 2019). · cites it 4× “However, this section is inapplicable to this case for two reasons: one, this is not an action for parenting time, 3 and two, the Act is not included amongst the chapters to which section 31-17-7-1 applies. Section 31- 3 Despite there being a clear distinction between parenting…”
Sheena Reel v. Joshua Steven Reel, 231 N.E.3d 915 (Ind. Ct. App. 2024). · cites it 4× “See I.C. § 31-17-7-1 (permitting an award of attorney’s fees in post-dissolution matters, even without parental misconduct); see also Carrasco, 824 N.”
Show all 28 citing cases →
Ind. Code § 31-17-7-1(a): 8 cases
Allen v. Proksch, 832 N.E.2d 1080 (Ind. Ct. App. 2005). “Ind.Code § 31-17-7-1(a) provides that a trial court "periodically may order a party to pay a reasonable amount for the cost to the other party of maintaining or defending [a custody proceeding] and for attorney's fees .”
In re Paternity of As, 948 N.E.2d 380 (Ind. Ct. App. 2011). “Indiana Code Section 31-17-7-1(a) authorizes the court to order a party to pay a reasonable amount to the other party of maintaining or defending child custody proceedings.”
B.M.S. v. E.M., 948 N.E.2d 380 (Ind. Ct. App. 2011). “Indiana Code Section 31-17-7-1(a) authorizes the court to order a party to pay a reasonable amount to the other party of maintaining or defending child custody proceedings.”
In re the Marriage of: Richard A. Medcalf v. Sheri L. Medcalf, No. 32A04-1111-DR-582 (Ind. Ct. App. Apr. 4, 2012).
In re the Marriage of Christine A. Milcherska & Douglas R. Biggs (mem. dec.), No. 71A03-1605-DR-1203 (Ind. Ct. App. June 9, 2017). “Ind. Code § 31-17-7-1 (a). Similarly, a court “may” order either or both parents of a child represented by a GAL to pay a “user fee.”
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