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 ali
30-3-5. Disposition of property -- Maintenance and health care of parties andchildren -- Division of debts -- Court to have continuing jurisdiction -- Custody andparent-time -- Determination of alimony -- Nonmeritorious petition for modification.
(1) When a decree of divorce is rendered, the court may include in it equitable ordersrelating to the children, property, debts or obligations, and parties. The court shall include thefollowing in every decree of divorce:
(a) an order assigning responsibility for the payment of reasonable and necessary medicaland dental expenses of the dependent children including responsibility for health insuranceout-of-pocket expenses such as co-payments, co-insurance, and deductibles;
(b) (i) if coverage is or becomes available at a reasonable cost, an order requiring thepurchase and maintenance of appropriate health, hospital, and dental care insurance for thedependent children; and
(ii) a designation of which health, hospital, or dental insurance plan is primary and whichhealth, hospital, or dental insurance plan is secondary in accordance with the provisions ofSection 30-3-5.4 which will take effect if at any time a dependent child is covered by bothparents' health, hospital, or dental insurance plans;
(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 thecourt's division of debts, obligations, or liabilities and regarding the parties' separate, currentaddresses; 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 assigningfinancial responsibility for all or a portion of child care expenses incurred on behalf of thedependent children, necessitated by the employment or training of the custodial parent. If thecourt determines that the circumstances are appropriate and that the dependent children would beadequately cared for, it may include an order allowing the noncustodial parent to provide childcare for the dependent children, necessitated by the employment or training of the custodialparent.
(3) The court has continuing jurisdiction to make subsequent changes or new orders forthe custody of the children and their support, maintenance, health, and dental care, and fordistribution 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 themother and father after entry of the decree of divorce may be added to the decree bymodification.
(5) (a) In determining parent-time rights of parents and visitation rights of grandparentsand 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, thecourt 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 orvisitation 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' feesexpended by the prevailing party in that action, if the court determines that the petition waswithout merit and not asserted or defended against in good faith.
(7) If a petition alleges noncompliance with a parent-time order by a parent, or avisitation order by a grandparent or other member of the immediate family where a visitation orparent-time right has been previously granted by the court, the court may award to the prevailingparty costs, including actual attorney fees and court costs incurred by the prevailing party becauseof 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 payorspouse; and
(vii) whether the recipient spouse directly contributed to any increase in the payorspouse's skill by paying for education received by the payor spouse or allowing the payor spouseto 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 timeof separation, in determining alimony in accordance with Subsection (8)(a). However, the courtshall consider all relevant facts and equitable principles and may, in its discretion, base alimonyon the standard of living that existed at the time of trial. In marriages of short duration, when nochildren have been conceived or born during the marriage, the court may consider the standard ofliving 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 theincome of one of the spouses due to the collective efforts of both, that change shall be consideredin dividing the marital property and in determining the amount of alimony. If one spouse'searning capacity has been greatly enhanced through the efforts of both spouses during themarriage, the court may make a compensating adjustment in dividing the marital property andawarding alimony.
(f) In determining alimony when a marriage of short duration dissolves, and no childrenhave been conceived or born during the marriage, the court may consider restoring each party tothe condition which existed at the time of the marriage.
(g) (i) The court has continuing jurisdiction to make substantive changes and new ordersregarding alimony based on a substantial material change in circumstances not foreseeable at thetime of the divorce.
(ii) The court may not modify alimony or issue a new order for alimony to address needsof the recipient that did not exist at the time the decree was entered, unless the court findsextenuating circumstances that justify that action.
(iii) In determining alimony, the income of any subsequent spouse of the payor may notbe considered, except as provided in this Subsection (8).
(A) The court may consider the subsequent spouse's financial ability to share livingexpenses.
(B) The court may consider the income of a subsequent spouse if the court finds that thepayor's improper conduct justifies that consideration.
(h) Alimony may not be ordered for a duration longer than the number of years that themarriage existed unless, at any time prior to termination of alimony, the court finds extenuatingcircumstances 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 thata party pay alimony to a former spouse automatically terminates upon the remarriage or death ofthat 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 ofannulment and his rights are determined.
(10) Any order of the court that a party pay alimony to a former spouse terminates uponestablishment by the party paying alimony that the former spouse is cohabitating with anotherperson.
Amended by Chapter 285, 2010 General Session