H.B. 222 Enrolled

PILOT PROGRAM REPEAL CLEAN-UP
2005 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ross I. Romero
Senate Sponsor: Ron Allen

LONG TITLE
General Description:
This bill repeals sanctions for a pilot program no longer in existence.
Highlighted Provisions:
This bill:
. repeals the sanctions for a pilot program that no longer exists; and
. makes technical cross-reference changes.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
30-3-5, as last amended by Chapter 176, Laws of Utah 2003
30-5-2, as last amended by Chapter 85, Laws of Utah 2002
78-32-12.1, as last amended by Chapter 255, Laws of Utah 2001
REPEALS:
78-32-12.2, as last amended by Chapter 255, Laws of Utah 2001

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 30-3-5 is amended to read:
30-3-5. Disposition of property -- Maintenance and health care of parties and
children -- Division of debts -- Court to have continuing jurisdiction -- Custody and

parent-time -- Determination of alimony -- Nonmeritorious petition for modification.
(1) When a decree of divorce is rendered, the court may include in it equitable orders
relating to the children, property, debts or obligations, and parties. The court shall include the
following in every decree of divorce:
(a) an order assigning responsibility for the payment of reasonable and necessary medical
and dental expenses of the dependent children;
(b) if coverage is or becomes available at a reasonable cost, an order requiring the
purchase and maintenance of appropriate health, hospital, and dental care insurance for the
dependent children;
(c) pursuant to Section 15-4-6.5 :
(i) an order specifying which party is responsible for the payment of joint debts,
obligations, or liabilities of the parties contracted or incurred during marriage;
(ii) an order requiring the parties to notify respective creditors or obligees, regarding the
court's division of debts, obligations, or liabilities and regarding the parties' separate, current
addresses; and
(iii) provisions for the enforcement of these orders; and
(d) provisions for income withholding in accordance with Title 62A, Chapter 11,
Recovery Services.
(2) The court may include, in an order determining child support, an order assigning
financial responsibility for all or a portion of child care expenses incurred on behalf of the
dependent children, necessitated by the employment or training of the custodial parent. If the
court determines that the circumstances are appropriate and that the dependent children would be
adequately cared for, it may include an order allowing the noncustodial parent to provide child
care for the dependent children, necessitated by the employment or training of the custodial
parent.
(3) The court has continuing jurisdiction to make subsequent changes or new orders for
the custody of the children and their support, maintenance, health, and dental care, and for
distribution of the property and obligations for debts as is reasonable and necessary.

(4) Child support, custody, visitation, and other matters related to children born to the
mother and father after entry of the decree of divorce may be added to the decree by
modification.
(5) (a) In determining parent-time rights of parents and visitation rights of grandparents
and other members of the immediate family, the court shall consider the best interest of the child.
(b) Upon a specific finding by the court of the need for peace officer enforcement, the
court may include in an order establishing a parent-time or visitation schedule a provision,
among other things, authorizing any peace officer to enforce a court-ordered parent-time or
visitation schedule entered under this chapter.
(6) If a petition for modification of child custody or parent-time provisions of a court
order is made and denied, the court shall order the petitioner to pay the reasonable attorneys' fees
expended by the prevailing party in that action, if the court determines that the petition was
without merit and not asserted or defended against in good faith.
(7) If a petition alleges [substantial] noncompliance with a parent-time order by a parent,
or a visitation order by a grandparent or other member of the immediate family [pursuant to
Section 78-32-12.2 ] where a visitation or parent-time right has been previously granted by the
court, the court may award to the prevailing party costs, including actual attorney fees and court
costs incurred by the prevailing party because of the other party's failure to provide or exercise
court-ordered visitation or parent-time.
(8) (a) The court shall consider at least the following factors in determining alimony:
(i) the financial condition and needs of the recipient spouse;
(ii) the recipient's earning capacity or ability to produce income;
(iii) the ability of the payor spouse to provide support;
(iv) the length of the marriage;
(v) whether the recipient spouse has custody of minor children requiring support;
(vi) whether the recipient spouse worked in a business owned or operated by the payor
spouse; and
(vii) whether the recipient spouse directly contributed to any increase in the payor

spouse's skill by paying for education received by the payor spouse or allowing the payor spouse
to attend school during the marriage.
(b) The court may consider the fault of the parties in determining alimony.
(c) As a general rule, the court should look to the standard of living, existing at the time
of separation, in determining alimony in accordance with Subsection (8)(a). However, the court
shall consider all relevant facts and equitable principles and may, in its discretion, base alimony
on the standard of living that existed at the time of trial. In marriages of short duration, when no
children have been conceived or born during the marriage, the court may consider the standard of
living that existed at the time of the marriage.
(d) The court may, under appropriate circumstances, attempt to equalize the parties'
respective standards of living.
(e) When a marriage of long duration dissolves on the threshold of a major change in the
income of one of the spouses due to the collective efforts of both, that change shall be considered
in dividing the marital property and in determining the amount of alimony. If one spouse's
earning capacity has been greatly enhanced through the efforts of both spouses during the
marriage, the court may make a compensating adjustment in dividing the marital property and
awarding alimony.
(f) In determining alimony when a marriage of short duration dissolves, and no children
have been conceived or born during the marriage, the court may consider restoring each party to
the condition which existed at the time of the marriage.
(g) (i) The court has continuing jurisdiction to make substantive changes and new orders
regarding alimony based on a substantial material change in circumstances not foreseeable at the
time of the divorce.
(ii) The court may not modify alimony or issue a new order for alimony to address needs
of the recipient that did not exist at the time the decree was entered, unless the court finds
extenuating circumstances that justify that action.
(iii) In determining alimony, the income of any subsequent spouse of the payor may not
be considered, except as provided in this Subsection (8).

(A) The court may consider the subsequent spouse's financial ability to share living
expenses.
(B) The court may consider the income of a subsequent spouse if the court finds that the
payor's improper conduct justifies that consideration.
(h) Alimony may not be ordered for a duration longer than the number of years that the
marriage existed unless, at any time prior to termination of alimony, the court finds extenuating
circumstances that justify the payment of alimony for a longer period of time.
(9) Unless a decree of divorce specifically provides otherwise, any order of the court that
a party pay alimony to a former spouse automatically terminates upon the remarriage or death of
that former spouse. However, if the remarriage is annulled and found to be void ab initio,
payment of alimony shall resume if the party paying alimony is made a party to the action of
annulment and his rights are determined.
(10) Any order of the court that a party pay alimony to a former spouse terminates upon
establishment by the party paying alimony that the former spouse is cohabitating with another
person.
Section 2. Section 30-5-2 is amended to read:
30-5-2. Visitation rights of grandparents.
(1) Grandparents have standing to bring an action in district court by petition, requesting
visitation in accordance with the provisions and requirements of this section. Grandparents may
also file a petition for visitation rights in a pending divorce proceeding or other proceeding
involving custody and visitation issues.
(2) There is a rebuttable presumption that a parent's decision with regard to grandparent
visitation is in the grandchild's best interests. However, the court may override the parent's
decision and grant the petitioner reasonable rights of visitation if the court finds that the
petitioner has rebutted the presumption based upon factors which the court considers to be
relevant, such as whether:
(a) the petitioner is a fit and proper person to have visitation with the grandchild;
(b) visitation with the grandchild has been denied or unreasonably limited;

(c) the parent is unfit or incompetent;
(d) the petitioner has acted as the grandchild's custodian or caregiver, or otherwise has
had a substantial relationship with the grandchild, and the loss or cessation of that relationship is
likely to cause harm to the grandchild;
(e) the petitioner's child, who is a parent of the grandchild, has died, or has become a
noncustodial parent through divorce or legal separation;
(f) the petitioner's child, who is a parent of the grandchild, has been missing for an
extended period of time; or
(g) visitation is in the best interest of the grandchild.
(3) The adoption of a grandchild by the grandchild's stepparent does not diminish or alter
visitation rights previously ordered under this section.
(4) Subject to the provisions of Subsections (2) and (3), the court may inquire of the
grandchild and take into account the grandchild's desires regarding visitation.
(5) On the petition of a grandparent or the legal custodian of a grandchild the court may,
after a hearing, modify an order regarding grandparent visitation if:
(a) the circumstances of the grandchild, the grandparent, or the custodian have materially
and substantially changed since the entry of the order to be modified, or the order has become
unworkable or inappropriate under existing circumstances; and
(b) the court determines that a modification is appropriate based upon the factors set
forth in Subsection (2).
(6) Grandparents may petition the court [as provided in Section 78-32-12.2 ] to remedy a
parent's wrongful noncompliance with a visitation order.
Section 3. Section 78-32-12.1 is amended to read:
78-32-12.1. Compensatory service for violation of parent-time order or failure to
pay child support.
(1) If a court finds by a preponderance of the evidence that a parent has refused to
comply with the minimum amount of parent-time ordered in a decree of divorce, the court shall
order the parent to:

(a) perform a minimum of ten hours of compensatory service; and
(b) participate in workshops, classes, or individual counseling to educate the parent about
the importance of complying with the court order and providing a child a continuing relationship
with both parents.
(2) If a custodial parent is ordered to perform compensatory service or undergo
court-ordered education, there is a rebuttable presumption that the noncustodial parent be granted
parent-time by the court to provide child care during the time the custodial parent is complying
with compensatory service or education in order to recompense him for parent-time wrongfully
denied by the custodial parent under the divorce decree.
(3) If a noncustodial parent is ordered to perform compensatory service or undergo
court-ordered education, the court shall attempt to schedule the compensatory service or
education at times that will not interfere with the noncustodial parent's parent-time with the child.
(4) The person ordered to participate in court-ordered education is responsible for
expenses of workshops, classes, and individual counseling.
(5) If a court finds by a preponderance of the evidence that an obligor, as defined in
Section 78-45-2 , has refused to pay child support as ordered by a court in accordance with Title
78, Chapter 45, Uniform Civil Liability for Support Act, the court shall order the obligor to:
(a) perform a minimum of ten hours of compensatory service; and
(b) participate in workshops, classes, or individual counseling to educate the obligor
about the importance of complying with the court order and providing the children with a regular
and stable source of support.
(6) The obligor is responsible for the expenses of workshops, classes, and individual
counseling ordered by the court.
(7) If a court orders an obligor to perform compensatory service or undergo court-ordered
education, the court shall attempt to schedule the compensatory service or education at times that
will not interfere with the obligor's parent-time with the child.
(8) The sanctions that the court shall impose under this section do not prevent the court
from imposing other sanctions [as provided in Section 78-32-12.2 or other provisions in this

chapter,] or prevent any person from bringing a cause of action allowed under state or federal
law.
(9) The Legislature shall allocate the money from the Children's Legal Defense Account
to the judiciary to defray the cost of enforcing and administering this section.
Section 4. Repealer.
This bill repeals:
Section 78-32-12.2, Definitions -- Sanctions.