H.B. 184

             1     

ALIMONY MODIFICATIONS

             2     
2014 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: Dana L. Layton

             5     
Senate Sponsor: ____________

             6     
             7      LONG TITLE
             8      General Description:
             9          This bill amends provisions related to alimony.
             10      Highlighted Provisions:
             11          This bill:
             12          .    amends the criteria for the determination of alimony, including the creation of an
             13      additional category for family expenses to be awarded to the recipient spouse under
             14      certain circumstances.
             15      Money Appropriated in this Bill:
             16          None
             17      Other Special Clauses:
             18          None
             19      Utah Code Sections Affected:
             20      AMENDS:
             21           30-3-5 , as last amended by Laws of Utah 2013, Chapters 264 and 373
             22     
             23      Be it enacted by the Legislature of the state of Utah:
             24          Section 1. Section 30-3-5 is amended to read:
             25           30-3-5. Disposition of property -- Maintenance and health care of parties and
             26      children -- Division of debts -- Court to have continuing jurisdiction -- Custody and
             27      parent-time -- Determination of alimony -- Nonmeritorious petition for modification.


             28          (1) When a decree of divorce is rendered, the court may include in it equitable orders
             29      relating to the children, property, debts or obligations, and parties. The court shall include the
             30      following in every decree of divorce:
             31          (a) an order assigning responsibility for the payment of reasonable and necessary
             32      medical and dental expenses of the dependent children including responsibility for health
             33      insurance out-of-pocket expenses such as co-payments, co-insurance, and deductibles;
             34          (b) (i) if coverage is or becomes available at a reasonable cost, an order requiring the
             35      purchase and maintenance of appropriate health, hospital, and dental care insurance for the
             36      dependent children; and
             37          (ii) a designation of which health, hospital, or dental insurance plan is primary and
             38      which health, hospital, or dental insurance plan is secondary in accordance with the provisions
             39      of Section 30-3-5.4 which will take effect if at any time a dependent child is covered by both
             40      parents' health, hospital, or dental insurance plans;
             41          (c) pursuant to Section 15-4-6.5 :
             42          (i) an order specifying which party is responsible for the payment of joint debts,
             43      obligations, or liabilities of the parties contracted or incurred during marriage;
             44          (ii) an order requiring the parties to notify respective creditors or obligees, regarding
             45      the court's division of debts, obligations, or liabilities and regarding the parties' separate,
             46      current addresses; and
             47          (iii) provisions for the enforcement of these orders;
             48          (d) provisions for income withholding in accordance with Title 62A, Chapter 11,
             49      Recovery Services; and
             50          (e) if either party owns a life insurance policy or an annuity contract, an
             51      acknowledgment by the court that the owner:
             52          (i) has reviewed and updated, where appropriate, the list of beneficiaries;
             53          (ii) has affirmed that those listed as beneficiaries are in fact the intended beneficiaries
             54      after the divorce becomes final; and
             55          (iii) understands that if no changes are made to the policy or contract, the beneficiaries
             56      currently listed will receive any funds paid by the insurance company under the terms of the
             57      policy or contract.
             58          (2) The court may include, in an order determining child support, an order assigning


             59      financial responsibility for all or a portion of child care expenses incurred on behalf of the
             60      dependent children, necessitated by the employment or training of the custodial parent. If the
             61      court determines that the circumstances are appropriate and that the dependent children would
             62      be adequately cared for, it may include an order allowing the noncustodial parent to provide
             63      child care for the dependent children, necessitated by the employment or training of the
             64      custodial parent.
             65          (3) The court has continuing jurisdiction to make subsequent changes or new orders for
             66      the custody of the children [and their], for the children's support, maintenance, health, and
             67      dental care, for family expenses determined under Subsection (8)(a)(i)(B), and for distribution
             68      of the property and obligations for debts as is reasonable and necessary.
             69          (4) Child support, custody, visitation, and other matters related to children born to the
             70      mother and father after entry of the decree of divorce may be added to the decree by
             71      modification.
             72          (5) (a) In determining parent-time rights of parents and visitation rights of grandparents
             73      and other members of the immediate family, the court shall consider the best interest of the
             74      child.
             75          (b) Upon a specific finding by the court of the need for peace officer enforcement, the
             76      court may include in an order establishing a parent-time or visitation schedule a provision,
             77      among other things, authorizing any peace officer to enforce a court-ordered parent-time or
             78      visitation schedule entered under this chapter.
             79          (6) If a petition for modification of child custody or parent-time provisions of a court
             80      order is made and denied, the court shall order the petitioner to pay the reasonable attorneys'
             81      fees expended by the prevailing party in that action, if the court determines that the petition
             82      was without merit and not asserted or defended against in good faith.
             83          (7) If a petition alleges noncompliance with a parent-time order by a parent, or a
             84      visitation order by a grandparent or other member of the immediate family where a visitation or
             85      parent-time right has been previously granted by the court, the court may award to the
             86      prevailing party costs, including actual attorney fees and court costs incurred by the prevailing
             87      party because of the other party's failure to provide or exercise court-ordered visitation or
             88      parent-time.
             89          (8) (a) The court shall consider at least the following factors in determining alimony:


             90          (i) the financial condition and needs of the recipient spouse[;], including the need for
             91      family expenses, which shall be determined if there are expenses that:
             92          (A) benefit both a child and the recipient spouse and are consistent with the standard of
             93      living enjoyed during the marriage; or
             94          (B) are related to the benefit of a child, and are consistent with the standard of living
             95      enjoyed during the time of marriage, but exceed the payor's child support amount that would be
             96      required under the guidelines and are not specifically included in the deviated child support
             97      award;
             98          (ii) the recipient's earning capacity or ability to produce income;
             99          (iii) the ability of the payor spouse to provide support;
             100          (iv) the length of the marriage;
             101          (v) whether the recipient spouse has custody of minor children requiring support;
             102          (vi) whether the recipient spouse worked in a business owned or operated by the payor
             103      spouse; and
             104          (vii) whether the recipient spouse directly contributed to any increase in the payor
             105      spouse's skill by paying for education received by the payor spouse or enabling the payor
             106      spouse to attend school during the marriage.
             107          (b) The court may consider the fault of the parties in determining whether to award
             108      alimony and the terms thereof.
             109          (c) "Fault" means any of the following wrongful conduct during the marriage that
             110      substantially contributed to the breakup of the marriage relationship:
             111          (i) engaging in sexual relations with a person other than the party's spouse;
             112          (ii) knowingly and intentionally causing or attempting to cause physical harm to the
             113      other party or minor children;
             114          (iii) knowingly and intentionally causing the other party or minor children to
             115      reasonably fear life-threatening harm; or
             116          (iv) substantially undermining the financial stability of the other party or the minor
             117      children.
             118          (d) The court may, when fault is at issue, close the proceedings and seal the court
             119      records.
             120          (e) As a general rule, the court should look to the standard of living, existing at the


             121      time of separation, in determining alimony in accordance with Subsection (8)(a). However, the
             122      court shall consider all relevant facts and equitable principles and may, in its discretion, base
             123      alimony on the standard of living that existed at the time of trial. In marriages of short
             124      duration, when no children have been conceived or born during the marriage, the court may
             125      consider the standard of living that existed at the time of the marriage.
             126          (f) The court may, under appropriate circumstances, attempt to equalize the parties'
             127      respective standards of living.
             128          (g) When a marriage of long duration dissolves on the threshold of a major change in
             129      the income of one of the spouses due to the collective efforts of both, that change shall be
             130      considered in dividing the marital property and in determining the amount of alimony. If one
             131      spouse's earning capacity has been greatly enhanced through the efforts of both spouses during
             132      the marriage, the court may make a compensating adjustment in dividing the marital property
             133      and awarding alimony.
             134          (h) In determining alimony when a marriage of short duration dissolves, and no
             135      children have been conceived or born during the marriage, the court may consider restoring
             136      each party to the condition which existed at the time of the marriage.
             137          (i) (i) The court has continuing jurisdiction to make substantive changes and new
             138      orders regarding alimony based on a substantial material change in circumstances not
             139      foreseeable at the time of the divorce.
             140          (ii) The court may not modify alimony or issue a new order for alimony to address
             141      needs of the recipient that did not exist at the time the decree was entered, unless the court
             142      finds extenuating circumstances that justify that action.
             143          (iii) In determining alimony, the income of any subsequent spouse of the payor may not
             144      be considered, except as provided in this Subsection (8).
             145          (A) The court may consider the subsequent spouse's financial ability to share living
             146      expenses.
             147          (B) The court may consider the income of a subsequent spouse if the court finds that
             148      the payor's improper conduct justifies that consideration.
             149          (j) Alimony may not be ordered for a duration longer than the number of years that the
             150      marriage existed unless, at any time prior to termination of alimony, the court finds extenuating
             151      circumstances that justify the payment of alimony for a longer period of time[.], except that:


             152          (i) family expenses included in the alimony award under Subsection (8)(a)(i)(B) may
             153      last until the last child reaches the age of 18; and
             154          (ii) family expenses awarded under Subsection (8)(a)(i)(B) shall end upon the child's
             155      18th birthday or a change of custody of the child.
             156          (9) Unless a decree of divorce specifically provides otherwise, any order of the court
             157      that a party pay alimony to a former spouse automatically terminates upon the remarriage or
             158      death of that former spouse, except that family expenses awarded under Subsection (8)(a)(i)(B)
             159      may not end upon the remarriage of the former spouse. However, if the remarriage is annulled
             160      and found to be void ab initio, payment of alimony shall resume if the party paying alimony is
             161      made a party to the action of annulment and the payor party's rights are determined.
             162          (10) Any order of the court that a party pay alimony to a former spouse terminates
             163      upon establishment by the party paying alimony that the former spouse is cohabitating with
             164      another person, except that family expenses awarded under Subsection (8)(a)(i)(B) may not
             165      terminate.




Legislative Review Note
    as of 2-28-14 8:39 AM


Office of Legislative Research and General Counsel


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