First Substitute H.B. 452

Representative Stephen E. Sandstrom proposes the following substitute bill:

1 FAMILY EXPENSES AMENDMENTS
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Stephen E. Sandstrom
5 Senate Sponsor: John L. Valentine
6
7 LONG TITLE
8 General Description:
9 This bill allows for a creditor to collect from either a husband or wife or both for debts
10 incurred during the marriage.
11 Highlighted Provisions:
12 This bill:
13 . provides that a creditor may collect a debt from either spouse when the debt was
14 incurred during the marriage.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 REPEALS AND REENACTS:
21 30-2-9, as last amended by Laws of Utah 2011, Chapter 109
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 30-2-9 is repealed and reenacted to read:
25 30-2-9. Family expenses -- Joint and several liability.

26 (1) A husband and wife may be sued jointly or individually for expenses of the family
27 and education of the children.
28 (2) In addition to the expenses of the family and education of the children, a creditor
29 shall be entitled to recover from the husband and wife, jointly and severally, the following
30 additional amounts if the amounts are provided for in a written contract signed by either the
31 husband or wife:
32 (a) a collection fee as provided in Section 12-1-11 ;
33 (b) interest at the rate specified in the contract;
34 (c) court costs;
35 (d) reasonable attorney fees; and
36 (e) any other amounts provided for in the contract.
37 (3) This section applies to all contracts entered into by either spouse any time the
38 parties lived together as husband and wife.