Representative Jordan D. Teuscher proposes the following substitute bill:


1     
DIVORCE IMPUTED INCOME REQUIREMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jordan D. Teuscher

5     
Senate Sponsor: Michael K. McKell

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions relating to imputation of income for alimony purposes.
10     Highlighted Provisions:
11          This bill:
12          ▸     provides potential limitations on imputation of income for alimony purposes in
13     some circumstances where the recipient spouse has no recent full-time work history
14     or has been diagnosed with a disability.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          This bill provides a coordination clause.
19     Utah Code Sections Affected:
20     ENACTS:
21          30-3-5.5, Utah Code Annotated 1953
22     Utah Code Sections Affected by Coordination Clause:
23          30-3-5.5, Utah Code Annotated 1953
24     

25     Be it enacted by the Legislature of the state of Utah:

26     The following section is affected by a coordination clause at the end of this bill.
27          Section 1. Section 30-3-5.5 is enacted to read:
28          30-3-5.5. Imputed income for recipient spouse for alimony purposes -- No recent
29     work history or disability.
30          (1) Notwithstanding the provisions of Section 30-3-5 or 78B-12-203, the court shall, in
31     determining imputation of income to a recipient spouse, apply the provisions of this section if
32     the recipient spouse:
33          (a) has no recent full-time work history resulting primarily from caring for a child of
34     the payor spouse; or
35          (b) has been diagnosed with a disability.
36          (2) If a recipient spouse has no recent full-time work history resulting primarily from
37     caring for a child of the payor spouse, the court may not:
38          (a) base its imputation analysis on employment, training, or education which is not
39     recent or for which the recipient spouse has no recent full-time work history; or
40          (b) impute income for employment for which the recipient spouse can show a
41     reasonable barrier to obtaining or retaining that employment.
42          (3) If a recipient spouse has been diagnosed with a disability, the court may not impute
43     income for employment for which the recipient spouse can show a reasonable barrier to
44     obtaining or retaining that employment.
45          (4) (a) In making an income imputation under this section, the court may use relevant
46     provisions of Section 78B-12-203, provided that the provision is not contrary to the
47     requirements of this section.
48          (b) When determining the length of time that is considered by the court to be recent as
49     relates to a recipient spouse's work history, training, or education under this section, the court
50     shall consider whether the spouse is fully competitive against other employment applicants
51     whose work history, training, or education is current.
52          (c) If the court imputes any income to a recipient spouse who qualifies for income
53     review under this section, the court shall enter specific findings of fact as to the evidentiary
54     basis for imputing the income.
55          (5) (a) After a divorce decree has been entered, subject to the requirements of
56     Subsection 30-3-5(11), the court shall review an income imputation to a recipient spouse under

57     this section.
58          (b) A recipient spouse's showing that barriers have prevented significant improvement
59     of the recipient spouse's employment situation, despite reasonable efforts on the part of the
60     recipient spouse to improve their employment situation, shall constitute a substantial material
61     change in circumstances and eligibility to review an income imputation under this section.
62          Section 2. Effective date.
63          This bill takes effect on May 1, 2024.
64          Section 3. Coordinating H.B. 219 with S.B. 95.
65          If S.B. 95, Domestic Relations Recodification, and H.B. 219, Divorce Imputed Income
66     Requirements, both pass and become law, the Legislature intends that, on September 1, 2024:
67          (1) Section 30-3-5.5 enacted in H.B. 219 be renumbered to Section 81-4-503 and be
68     amended to read:
69          "81-4-503. Imputed income for payee for alimony purposes -- No recent work
70     history or disability.
71          "(1) Notwithstanding the provisions of Section 81-4-502 or 81-6-203, the court shall,
72     in determining imputation of income to a payee, apply the provisions of this section if the
73     payee:
74          (a) has no recent full-time work history resulting primarily from caring for a child of
75     the payor; or
76          (b) has been diagnosed with a disability.
77          (2) If a payee has no recent full-time work history resulting primarily from caring for a
78     minor child of the payor, the court may not:
79          (a) base its imputation analysis on employment, training, or education which is not
80     recent or for which the payee has no recent full-time work history; or
81          (b) impute income for employment for which the payee can show a reasonable barrier
82     to obtaining or retaining that employment.
83          (3) If a payee has been diagnosed with a disability, the court may not impute income
84     for employment for which the payee can show a reasonable barrier to obtaining or retaining
85     that employment.
86          (4) (a) In making an income imputation under this section, the court may use relevant
87     provisions of Section 81-6-203, provided that the provision is not contrary to the requirements

88     of this section.
89          (b) When determining the length of time that is considered by the court to be recent as
90     relates to a payee's work history, training, or education under this section, the court shall
91     consider whether the spouse is fully competitive against other employment applicants whose
92     work history, training, or education is current.
93          (c) If the court imputes any income to a payee who qualifies for income review under
94     this section, the court shall enter specific findings of fact as to the evidentiary basis for
95     imputing the income.
96          (5) (a) After a divorce decree has been entered, subject to the requirements of Section
97     81-4-504, the court shall review an income imputation to a payee under this section.
98          (b) A payee's showing that barriers have prevented significant improvement of the
99     payee's employment situation, despite reasonable efforts on the part of the payee to improve
100     their employment situation, shall constitute a substantial material change in circumstances and
101     eligibility to review an income imputation under this section.";
102          (2) Section 81-4-503 enacted in S.B. 95 be renumbered to Section 81-4-504;
103          (3) Section 81-4-504 enacted in S.B. 95 be renumbered to Section 81-4-505; and
104          (4) the reference in Section 81-1-204 in S.B. 95 to "Section 81-4-503" be changed to
105     "Section 81-4-504".