§571-52.7 Award of costs and reasonable attorneys' fees. Whenever a party files a motion seeking to enforce a child support order, the court may award the prevailing party the party's costs and reasonable attorneys' fees incurred, except as this chapter otherwise provides. The award shall be made only when the prevailing party was represented by an attorney. [L 1994, c 247, §1]
Case Notes
Family court erred in limiting plaintiff ex-wife's award of attorney's fees to a lodestar amount with no consideration given to a contingent fee enhancement; this section is a fee-shifting statute designed to "attract competent counsel" and a contingent fee enhancement should have at least been considered by the family court. 97 H. 160 (App.), 34 P.3d 1059 (2001).
Structure Hawaii Revised Statutes
571-1 Construction and purpose of chapter.
571-3 Family courts, divisions of circuit courts.
571-4 Family courts, circuits.
571-5 Board of family court judges.
571-6 Appointment and duties of employees.
571-8 District family courts; district family judges; appointment; sessions.
571-8.1 Qualifications; tenure; removal.
571-8.2 Salary of district family judges.
571-8.3 Disqualification; absence; vacancy.
571-11 Jurisdiction; children.
571-12 Transfer from other courts.
571-13 Retention of jurisdiction.
571-21 Complaint; investigation; petition.
571-22 Waiver of jurisdiction; transfer to other courts.
571-22.5 Appeal of waiver of jurisdiction.
571-23 Summons; notice; custody of minor.
571-24 Failure to answer summons; warrants.
571-31 Taking children into custody; release; notice.
571-31.1 Standard for detention.
571-31.2 Juvenile intake and diagnostic services.
571-31.3 Voluntary assistance.
571-31.4 Informal adjustment, law violators.
571-31.5 Informal adjustment, status offenders.
571-31.6 Informal adjustment, minor who may be both law violator and status offender.
571-32 Detention; shelter; release; notice.
571-32.1 Contract and fee-for-service accommodations.
571-33 Detention and shelter facilities.
571-34 Criminal history record checks.
571-41 Procedure in children's cases.
571-41.1 Extradition of minors to Hawaii.
571-41.2 Extradition of minors from Hawaii.
571-42 Procedure in adult cases.
571-43 Additional remedies not pleaded.
571-44 Physical or mental examination and treatment.
571-46 Criteria and procedure in awarding custody and visitation; best interest of the child.
571-46.2 Orders relating to custody and visitation cases.
571-46.4 Child custody evaluators; qualification; registry; complaints.
571-46.6 Criteria and procedure in awarding custody and visitation; disability.
571-47 Determination of parentage of child born in wedlock.
571-48.5 Probation supervision requirements.
571-48.6 Earned discharge from probation; reporting requirements.
571-50 Modification of decree, rehearing.
571-51 Support of minor committed for study or care.
571-51.5 Modification of support and visitation decrees.
571-52 Assignment by court order of future income for payments of support.
571-52.3 Immediate income withholding.
571-52.5 Guidelines to determine child support amounts.
571-52.7 Award of costs and reasonable attorneys' fees.
571-55 Certification in lieu of oath.
571-61 Termination of parental rights; petition.
571-62 Hearing; investigation and report.
571-71 Juvenile crime prevention bureau; establishment of.
571-72 Duties and powers; reports; expungement of juvenile arrest records.
571-73 No limitations on family courts.
571-74 Rules and standards; investigation and questioning; fingerprinting and photographing.
571-82 Court sessions; quarters.
571-83 Court and witness fees.
571-84.5 Support order, decree, judgment, or acknowledgment; social security number
571-84.6 Minor law violators; proceedings and records not confidential.
571-85 Authority of probation officers; additional probation officers.
571-87 Appointment of counsel and guardian ad litem; compensation.
571-88 Orders expunging juvenile arrest records.
571-89 Family court; annual report.
571-93 Duty to cooperate and disclose information.
571-94 Hearings; electronic participation.
571-95 Sole factor; effect on existing orders.
571-96 Visitation and contact.
571-97 Delegation of the deployed parent's contact rights to another.