Changes to Family Law Actions

7
81-1-203
81-4-501
81-9-208
0
Changes to Family Law Actions
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Tracy J. Miller
Senate Sponsor: Todd Weiler
LONG TITLE
General Description:
This bill amends provisions related to family law actions.
Highlighted Provisions:
This bill:
addresses an award of fees and costs in a family law action; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
81-1-203
, as renumbered and amended by Laws of Utah 2024, Chapter 366
81-4-501
, as enacted by Laws of Utah 2024, Chapter 366
81-9-208
, as last amended by Laws of Utah 2025, Chapter 426
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
81-1-203
is amended to read:
81-1-203
. Award of costs and attorney and witness fees -- Temporary support
and maintenance.
(1)
(a)
In an action filed under Chapter 4, Dissolution of Marriage, Title 78B, Chapter 7,
Part 6, Cohabitant Abuse Protective Orders, or in an action to establish an order of
custody, parent-time, child support, alimony, or the division of property in a domestic
case, the court may order a party to pay the costs, attorney fees, and witness fees,
including expert witness fees, of the other party to enable the other party to prosecute
or defend the action.
(a)
The court may order a party to pay the attorney fees, costs, and witness fees,
including expert witness fees, of the other party to enable the other party to prosecute
or defend:
(i)
an action described in Chapter 4, Dissolution of Marriage;
(ii)
an action described in Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective
Orders; or
(iii)
an action to establish or modify custody, parent-time, child support, alimony, or
the division of property in a domestic case.
(b)

The order under Subsection
(1)(a)
may include a provision for costs of the action.
(c)
The court may order a party to provide money under this Subsection
(1)
, during the
pendency of the action, for the separate support and maintenance of the other party
and of a minor child in the custody of the other party.
(2)
In an action to enforce an order of custody, parent-time, child support, alimony, or
division of property in a domestic case, the court may award costs and attorney fees
upon determining that the party substantially prevailed upon the claim or defense.
(2)
Upon a party's motion or the court's own motion, the court shall enter specific findings
as to the ability of the parties to pay the costs, attorney fees, and witness fees, including
expert witness fees, for a temporary order in an action to establish or modify custody,
parent-time, child support, alimony, or the division of property in a domestic case.
(3)
Except as provided in Subsection
(4)
, the court shall award reasonable attorney fees and
costs to a party in an action to enforce an order of custody, parent-time, child support,
alimony, or division of property in a domestic case if the court determines that the party
substantially prevailed upon the claim or defense.
(3)
(4)
The court, in the court's discretion, may award no fees or limited fees against a party

under this section
if the court
finds the party is indigent or enters in the record the
reason for not awarding fees.
enters a specific finding that:
(a)
the party is indigent; or
(b)
the party did not bring the action, petition, or motion to harass, cause unreasonable
delay, needlessly increase the cost of litigation, or abuse the judicial process.
(4)
In an action described in Subsection
(1)
, the court may order a party to provide money,
during the pendency of the action, for the separate support and maintenance of the other
party and of a minor child in the custody of the other party.
(5)
The court may amend an order entered in accordance with this section before the entry
of the final order or judgment or in the final order or judgment.
Section 2. Section
81-4-501
is amended to read:
81-4-501
. Definitions for part.
As used in this part:
(1)
"Child support guidelines" means the same as that term is defined in Section
81-6-101
.
(2)
"Cohabit" means to live together, or to reside together on a regular basis, in the same
residence and in a relationship of a romantic or sexual nature.
(3)
"Fault" means any of the following wrongful conduct during the marriage that
substantially contributed to the breakup of the marriage:
(a)
engaging in sexual relations with an individual other than the party's spouse;
(b)
knowingly and intentionally causing or attempting to cause physical harm to the
other party or a minor child;
(c)
knowingly and intentionally causing the other party or a minor child to reasonably
fear life-threatening harm; or
(d)
substantially undermining the financial stability of the other party or the minor child.
(4)
"Length of the marriage" means, for purposes of alimony, the number of years from the
day on which the parties are legally married to the day on which the petition for divorce
is filed with the court.
(5)
"Payee" means the party who is or would receive alimony from the other party.
(6)
"Payor" means the party who is paying, or would pay, alimony to the other party.
(7)
"Temporary alimony" means money that the court orders a party to pay during the
pendency of an action under this chapter for the support and maintenance of a party as
described in Subsection
81-1-203(4)
81-1-203(5)
.
Section 3. Section
81-9-208
is amended to read:
81-9-208
. Modification or termination of a custody or parent-time order --
Noncompliance with a parent-time order.
(1)
The court has continuing jurisdiction to make subsequent changes to modify:
(a)
custody of a minor child if there is a showing of a substantial and material change in
circumstances since the entry of the order; and
(b)
parent-time for a minor child if there is a showing that there is a change in
circumstances since the entry of the order.
(2)
A substantial and material change in circumstances under Subsection
(1)(a)
includes a
showing by a parent that the other parent:
(a)
resides with an individual or provides an individual with access to the minor child;
and
(b)
knows that the individual:
(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; or
(ii)
has been convicted of:
(A)
a child abuse offense under Section
76-5-109
,
76-5-109.2
,
76-5-109.3
,
76-5-109.4
,
76-5-114
, or
76-5-208
;
(B)
a sexual offense against a minor child under Title 76, Chapter 5, Part 4, Sexual
Offenses, other than an offense under Section
76-5-417
,
76-5-418
, or
76-5-419
;
(C)
an offense for kidnapping or human trafficking of a minor child under Title
76, Chapter 5, Part 3, Kidnapping, Trafficking, and Smuggling;
(D)
a sexual exploitation offense against a minor child under Title 76, Chapter 5b,
Sexual Exploitation Act; or
(E)
an offense that is substantially similar to an offense under Subsections
(2)(b)(ii)(A)
through
(D)
.
(3)
On the petition of one or both of the parents, or the joint legal or physical custodians if
they are not the parents, the court may, after a hearing, modify or terminate an order that
established joint legal custody or joint physical custody if:
(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 since the entry of the order to be modified;
(b)
a modification of the terms and conditions of the order would be an improvement for
and in the best interest of the minor child; and
(c)
(i)
both parents have complied in good faith with the dispute resolution procedure
in accordance with Subsection
81-9-205(8)
; or
(ii)
if no dispute resolution procedure is contained in the order that established joint
legal custody or joint physical custody, the court orders the parents to participate
in a dispute resolution procedure in accordance with Subsection
81-9-205(13)

unless the parents certify that, in good faith, they have used a dispute resolution
procedure to resolve their dispute.
(4)
(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 other factors the court considers relevant, consider the
factors described in Sections
81-9-204
and
81-9-205
.
(b)
A court order modifying or terminating an existing joint legal custody or joint
physical custody order shall contain written findings that:
(i)
a substantial and material change of circumstance has occurred; and
(ii)
a modification of the terms and conditions of the order would be an improvement
for and in the best interest of the minor child.
(c)
The court shall give substantial weight to the existing joint legal custody or joint
physical custody order when the minor child is thriving, happy, and well-adjusted.
(5)
The court shall, in every case regarding a petition for termination of a joint legal
custody or joint physical custody order, consider reasonable alternatives to preserve the
existing order in accordance with Section
81-9-204
.
(6)
The court may modify the terms and conditions of the existing order in accordance with
this chapter and may order the parents to file a parenting plan in accordance with
Section
81-9-203
.
(7)
A parent requesting a modification from sole custody to joint legal custody or joint
physical custody or both, or any other type of shared parenting arrangement, shall file
and serve a proposed parenting plan with the petition to modify in accordance with
Section
81-9-203
.
(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
81-10-306
through
81-10-309
.
(9)
If the court finds that an action to modify custody or parent-time is filed or answered
frivolously and, in a manner, designed to harass the other party, the court shall assess
attorney fees as costs against the offending party.
(10)
If a petition to modify custody or parent-time provisions of a court order is made and
denied, the court shall order the petitioner to pay the reasonable attorney 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.
(9)
If a petition to modify custody or parent-time is denied by a court, the court shall order
the petitioner to pay the respondent's reasonable attorney fees and costs if the court
determines that:
(a)
the petition was frivolous or has no reasonable basis in law or fact; and
(b)
the petitioner brought the petition to harass, cause unreasonable delay, needlessly
increase the cost of litigation, or abuse the judicial process.
(11)
(10)
If a motion or petition alleges noncompliance with a parent-time order by a
parent, or a visitation order by a grandparent or other member of the immediate family
where a visitation or parent-time right has been previously granted by the court, the
court:
(a)
may award to the prevailing party:
(i)
actual attorney fees incurred;
(ii)
the costs incurred by the prevailing party because of the other party's failure to
provide or exercise court-ordered visitation or parent-time, including:
(A)
court costs;
(B)
child care expenses;
(C)
transportation expenses actually incurred;
(D)
lost wages, if ascertainable; or
(E)
counseling for a parent or a minor child if ordered or approved by the court; or
(iii)
any other appropriate equitable remedy; and
(b)
shall award reasonable make-up parent-time to the prevailing party, unless make-up
parent-time is not in the best interest of the minor child.
Section 4.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-26-26 5:09 PM