Title 30 Chapter 4 Section 3

Husband and Wife
Separate Maintenance
Section 3
Custody and maintenance of children -- Property and debt division -- Support payments.

            

30-4-3.   Custody and maintenance of children -- Property and debt division -- Support payments.

            (1) In all actions brought under this chapter the court may by order or decree:

            (a) provide for the care, custody, and maintenance of the minor children of the parties and may determine with which of the parties the children or any of them shall remain;

            (b) (i) provide for support of either spouse and the support of the minor children remaining with that spouse;

            (ii) provide how and when support payments shall be made; and

            (iii) provide that either spouse have a lien upon the property of the other to secure payment of the support or maintenance obligation;

            (c) award to either spouse the possession of any real or personal property of the other spouse or acquired by the spouses during the marriage; or

            (d) pursuant to Section 15-4-6.5:

            (i) specify which party is responsible for the payment of joint debts, obligations, or liabilities contracted or incurred by the parties during the marriage;

            (ii) require the parties to notify respective creditors or obligees regarding the court's division of debts, obligations, and liabilities and regarding the parties' separate, current addresses; and

            (iii) provide for the enforcement of these orders.

            (2) The orders and decrees under this section may be enforced by sale of any property of the spouse or by contempt proceedings or otherwise as may be necessary.

            (3) The court may change the support or maintenance of a party from time to time according to circumstances, and may terminate altogether any obligation upon satisfactory proof of voluntary and permanent reconciliation. An order or decree of support or maintenance shall in every case be valid only during the joint lives of the husband and wife.


Amended by Chapter 257, 1991 General Session