SB 304 — Protective Order Amendments

andSection (3){(b)}3. {If a } the respondent {has lost parent-time as a result of the petitioner's falsification of a material statement or material information, as described in Subsection (1), the parent } may file a motion or petition with the court with jurisdiction to modify parent-time to award make-up parent- time in accordance with Subsection 81-9-208(12).

{(4)Section {A78B-7-610 respondent may file the petition described in Subsection (1) from the time the petitioner files the petition for the protective order until 90 days after the day on which the protective order expires, is dismissed,enacted orto isread: vacated.} } Section 3.

Section78B-7-610 3. is enacted to read:

78B-7-610.

(1) If a petitioner files a petition with a court for a protective order, the respondent may file a {petition } motion with the court alleging that the petitioner knowingly falsified a material statement or material information for the purpose of obtaining {a } the protective order.

-(2) 6A -respondent SB0304may comparedonly withmake SB0304S02 {(2) {If the courtmotion determines that a petitioner knowingly falsified a material statement or material information, as described in Subsection (1),(1) thewithin court60 shalldays enterafter sanctions against the petitioner,day including:}of }the {(a)hearing {aon monetarythe penaltypetition tofor be awarded to the respondent;}protective }order. {(b) {an award of reasonable attorney fees and costs;

and}(3) }To {(c)prevail {anyon othera sanction that the court considers appropriate.} } (3){(2)} A respondent may {file } only make the {petition } motion described in Subsection (1)(1), {from the timerespondent theshall petitionerprove files the petitionallegation forby theclear protectiveand orderconvincing untilevidence. 90 } within 60 days after the day of the hearing on {which } the petition for the protective order {expires, is dismissed, or is vacated} .

(3)(4) The court may award reasonable attorney fees and costs to the party that prevails on the motion- described5 in- SubsectionS.B. (1).

{Section304 4.Enrolled Copy motion described in Subsection (1).

Section 81-4-204 is amended to read:

} 81-4-204.

Custody and maintenance of children -- Property and debt division -- Support payments.

(1) As used in this section, "fault" means the same as that term is defined in Section 81-4-501.

[(1)] (2) In an action under this part, the court may by order or decree:

(a) provide for the care, custody, and maintenance of a minor child of the parties[ ];

(b) (i) provide for support of a spouse and the support of a minor child remaining with that spouse;

(ii) provide how and when support payments are made;

and (iii) provide that a spouse have a lien upon the property of the other spouse to secure payment of the support or maintenance obligation;

(c) award to a spouse the possession of any real or personal property of the other spouse or acquired by the spouses during the marriage;

(d) specify which party is responsible for the payment of joint debts, obligations, or liabilities of the parties contracted or incurred during marriage in accordance with Section 15-4-6.5;

(e) require the parties to notify respective creditors or obligees regarding the court's division of debts, obligations, or liabilities and regarding the parties' separate and current addresses in accordance with Section 15-4-6.5;

or (f) provide for the enforcement of the orders described in Subsections [(1)(a)] (2)(a) and (e).

- 7 - SB0304 compared with SB0304S02 [(2)] (3) A court may enforce an order or decree under this section:

(a) by sale of any property of the spouse;

(b) by contempt proceedings;

or (c) as is otherwise necessary.

[(3)] (4) The court may:

(a) change the support or maintenance of a party from time to time according to circumstances;

or (b) terminate altogether any obligation upon satisfactory proof of voluntary and permanent reconciliation.

(5) (a) The court shall consider the fault of the parties in determining an award of real or personal property under this section if a party alleges fault.

(b) The court may, when fault is at issue, close the proceedings and seal the court records.

[(4)] (6) An order or decree of support or maintenance described in this part is valid only during the joint lives of the parties.

{Section 5.

Section 81-4-401 is amended to read:

} 81-4-401.

Definitions for part.

As used in this part:

(1) "Cohabitation" means the same as the term, "cohabit," is defined in Section 81-4-501.

(2) "Fault" means the same as that term is defined in Section 81-4-501.

[(2)] (3) "Mandatory courses" means:

(a) the mandatory divorce orientation course described in Section 81-4-105;

and (b) the mandatory parenting course described in Section 81-9-103.

[(3)] (4) "Petitioner" means the individual who brings a petition for divorce.

[(4)] (5) "Respondent" means the individual against whom a petition for divorce is brought.

{Section 6.

Section 81-4-406 is amended to read:

} 81-4-406.

Decree of divorce -- When decree becomes absolute -- Remarriage -- Jurisdiction to modify a decree for a child born after the decree.

(1) (a) The court shall enter a decree of divorce upon the evidence or the petitioner's affidavit in the case of default as described in Subsection (1)(b).

- 8 - SB0304 compared with SB0304S02 (b) A court may not grant a divorce upon default, unless there is evidence to support a decree of divorce upon an affidavit by the petitioner as provided by Rule 104 of the Utah Rules of Civil Procedure.

(2) Unless the requirement is waived by the court under Subsection [81-4-402(5)] 81-4-402(7), a court may not grant a decree of divorce for parties with a minor child until:

(a) both parties have attended the mandatory courses described in Sections 81-4-105 and [81-4-106] 81-9-103;

and (b) both parties have presented a certificate of course completion for each course to the court.

(3) In a decree of divorce, the court shall:

(a) specify which party is responsible for the payment of joint debts, obligations, or liabilities of the parties contracted or incurred during marriage in accordance with Section 15-4-6.5;

(b) require the parties to notify respective creditors or obligees, regarding the court's division of debts, obligations, or liabilities and regarding the parties' separate and current addresses in accordance with Section 15-4-6.5;

(c) provide for the enforcement of the orders described in Subsections (1)(a) and (b);

(d) if a party owns a life insurance policy or an annuity contract, include an acknowledgment by the court that the party:

(i) has reviewed and updated, where appropriate, the list of beneficiaries;

(ii) has affirmed that those listed as beneficiaries are in fact the intended beneficiaries after the divorce becomes final;

and (iii) understands that, if no changes are made to the policy or contract, the beneficiaries currently listed will receive any funds paid by the insurance company under the terms of the policy or contract;

and (e) if the parties have a child as defined in Section 81-6-101, include:

(i) an order for child support and medical expenses as described in Chapter 6, Child Support;

(ii) a provision in the child support order that requires payment of an ongoing expense for child care subject to the procedures and requirements of Section 81-6-209.5;

and (iii) a statement providing notice that the Office of Recovery Services provides services to individuals who are seeking assistance in the collection or enforcement of child support orders.

(4) (a) The court may include in the divorce decree any equitable orders relating to:

[(a)] (i) the parties, including any alimony to be awarded to a party in accordance with Part 5, Spousal Support;

- 9 - SB0304 compared with SB0304S02 [(b)] (ii) a child of the parties;

and [(c)] (iii) any property, debts, or obligations.

(b) The court shall consider the fault of the parties when making a determination related to the division of property if a party alleges fault.

(c) The court may, when fault is at issue, close the proceedings and seal the court records.

(5) A decree of divorce becomes absolute:

(a) on the date it is signed by the court and entered by the clerk in the register of actions;

(b) at the expiration of a period of time the court may specifically designate, unless an appeal or other proceedings for review are pending;

(c) if an appeal is taken, when the decree is affirmed;

or (d) when the court, before the decree becomes absolute, for sufficient cause otherwise orders.

(6) The court, upon application or on the court's own motion for good cause shown, may waive, alter, or extend a designated period of time before the decree becomes absolute, but not to exceed six months from the signing and entry of the decree.

(7) A party to a divorce proceeding may not marry another individual other than the other party for whom the divorce was granted until the party's divorce becomes absolute.

(8) The court has jurisdiction to modify a decree of divorce to address child support, parent-time, and other matters related to a minor child born to the parties after the decree of divorce is entered.

{Section 7.

Section 81-4-502 is amended to read:

} 81-4-502.

Determination of alimony.

(1) For a proceeding under [Chapter 4, Dissolution of Marriage] this chapter, or in a proceeding to modify alimony, the court shall consider at least the following factors in determining alimony:

(a) the standard of living existing during the marriage, which factors shall include the following:

(i) income;

(ii) the approximate value of real and personal property;

and (iii) any other factor that the court determines to be appropriate to enable the court to make a determination of the standard of living existing during the marriage;

(b) the financial condition and needs of the payee, provided that the payee may show financial needs by itemizing expenses present during the marriage rather than by itemizing post petition expenses;

(c) the payee's earning capacity or ability to produce income, including the impact of diminished workplace experience resulting from primarily caring for a minor child of the payor;

- 10 - SB0304 compared with SB0304S02 (d) the ability of the payor to provide support;

(e) the length of the marriage;

(f) whether the payee has custody of a minor child requiring support;

(g) whether the payee worked in a business owned or operated by the payor;

and (h) whether the payee directly contributed to any increase in the payor's skill by paying for education received by the payor or enabling the payor to attend school during the marriage.

(2) (a) The court [may] shall consider the fault of the parties in determining whether to award alimony and the terms of the alimony if there is an allegation of fault.

(b) The court may, when fault is at issue, close the proceedings and seal the court records.

(3) (a) Except as otherwise provided by this section, the court shall consider the standard of living, existing at the time of separation, in determining alimony in accordance with this section.

(b) In considering all relevant facts and principles, the court may, in the court's discretion, base alimony on the standard of living that existed at the time of trial.

(4) (a) The court may attempt to equalize the parties' respective standards of living.

(b) (i) If a marriage has been in effect for 10 years or more, and if the payee has significantly diminished workplace experience resulting from an agreement between the spouses that the payee reduce the payee's workplace experience to care for a minor child of the payor, [it shall be the] there is a rebuttable presumption that the court equalize the parties' standard of living.

(ii) The presumption under Subsection (4)(b)(i) can be rebutted by a showing of good cause, and the court shall enter specific findings of fact as to the evidentiary basis for its determination.

(c) This Subsection (4) may not be applied to or used as the basis to modify an alimony award if the petition for divorce was filed before May 1, 2024.

(5) (a) If the marriage is short in duration and a minor child has not been conceived or born during the marriage, the court may consider the standard of living that existed at the time of the marriage.

- 11 - SB0304 compared with SB0304S02 (b) In determining alimony when a marriage of short duration dissolves and a minor child has not 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.

(6) (a) When a marriage of long duration dissolves on the threshold of a major change in the income of one of the parties due to the collective efforts of both parties, the court shall consider the change when dividing the marital property and in determining the amount of alimony.

(b) If a party's earning capacity has been greatly enhanced through the efforts of both parties during the marriage, the court may make a compensating adjustment in dividing the marital property and awarding alimony.

(7) (a) Except as provided in Subsection (7)(c), the court may not order alimony for a period of time longer than the length of the marriage.

(b) If a party is ordered to pay temporary alimony during the pendency of a divorce action, the court shall count the period of time that the party pays temporary alimony towards the period of time for which the party is ordered to pay alimony.

(c) At any time before the termination of alimony, the court may find extenuating circumstances or good cause that justify the payment of alimony for a longer period of time than the length of the marriage.

81-9-208.81-9-208 .

- 12 - SB0304 compared with SB0304S02 (i) is required to register as a sex offender, a kidnap offender, or a child abuse offender for an offense committed against a minor child under Title 53, Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry;

(a) the verified petition or accompanying affidavit initially alleges that admissible evidence will show that there has been a substantial and material change in the circumstances of the minor child or one or both parents or joint legal or physical custodians- since6 the- entryEnrolled ofCopy theS.B. order to be modified;

304 custodians since the entry of the order to be modified;

and (c)(c)(i) (i) both parents have complied in good faith with the dispute resolution procedure in accordance with Subsection 81-9-205(8);

(4)(4)(a) (a) In determining whether the best interest of a minor child will be served by either modifying or terminating the joint legal custody or joint physical custody order, the court shall, in addition to - 13 - SB0304 compared with SB0304S02 other factors the court considers relevant, consider the factors described in Sections 81-9-204 and 81-9-205.

(8) If an issue before the court involves custodial responsibility in the event of deployment of one or both parents who are service members, and the service member has not yet been notified of deployment, the court shall resolve the issue based on the standards in Sections- 81-10-3067 through- 81-10-309.S.B.

304 Enrolled Copy Sections 81-10-306 through 81-10-309.

- 14 - SB0304 compared with SB0304S02 (a) may award to the prevailing party:

(12)(12)(a) (a) The court shall award make-up parent-time to a parent, upon a motion or petition from the parent{,parent } if:

(i){(A)}(A) {the parent can show that a court } determined the other parent knowingly falsified a material statement or material information during a protective order proceeding as described in Section 78B-7-208;

(ii) the parent lost parent-time as a result of the other parent's falsification of a material statement or material information {under Section 78B-7-208.} during the protective order proceeding;

and (iii)- there8 has- notEnrolled beenCopy aS.B. finding of abuse or neglect against the parent.

304 (iii) there has not been a finding of abuse or neglect against the parent.

and (B) that the make-up parent-time occur within two years {from } after the day on which the court enters the order for make-up parent-time;

- 15 - SB0304 compared with SB0304S02 {(c)} {Subject to Subsection (12)(b)(i), the parent denied parent-time is entitled to decide the time of the make-up parent-time.} } Section 5.

Effective date.

This bill takes effect on May {6, 2026} 5, 2027.

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