Here is a summary of new law affecting divorce and family law that was created by the Utah State Legislature in 2022:
HB (House Bill) 122 1st Substitute, entitled “Family Terminology Amendments.” This bill amended language regarding marriage and legitimacy. That means terms like “legitimate” or “illegitimate” in the context of children born out of wedlock have been replaced with “legally recognized relationship.” As I’ve always said, why use one word when you can use three? And as I’ve also always said, “I know how to prevent stigmas attached to words: change the word!” Look how well that’s worked in the past! Your tax dollars at work.
HB 175, entitled Protection of Animals Amendments. This bill modified the definition of “emotional distress” related to the offense of stalking to include significant mental or psychological suffering resulting from harm to a household pet. But wait, there’s more: it also provides that protection of an animal can be requested certain protective order request forms and protective orders, and it permits the court, when issuing certain protective orders, to enjoin the respondent from injuring, threatening to injure, or taking possession of certain animals.
HB 231 1st Substitute, entitled “Fishing and Hunting Restrictions for Nonpayment of Child Support.” This bill: amended the restrictions for a license, permit, or tag related to fishing or hunting when an individual is delinquent in child support and makes certain accommodations for obtaining a hunting or fishing license if a child support payor is temporarily unable to pay child support due to transition to new employment.
SB 74 3rd Substitute, entitled “Alimony Modifications”. This bill defined the term, “length of the marriage” to mean 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; it provides that if a party is ordered to pay temporary alimony during the pendency of the divorce action, the period of time that the party pays temporary alimony shall be counted towards the period of time for which the party is ordered to pay alimony. It also provides that if a party establishes that a current spouse cohabits with another individual during the pendency of the divorce action, the court: may not order the party to pay temporary alimony to the current spouse; and shall terminate any order that the party pay temporary alimony to the current spouse.
SB 85 4th Sub, entitled “Protective Order and Civil Stalking Injunction Expungement”. This bill defined terms relating to the expungement of protective orders and stalking injunctions; makes statutory provisions for the expungement of protective orders and stalking injunctions retroactive; allows for the expungement of certain protective orders and stalking injunctions; provides the requirements for expunging certain protective orders and stalking injunctions; and addresses the distribution and effect of an order for expungement of certain protective orders and stalking injunctions. It’s about time. If the courts are going to hand out protective orders like stale candy, consistently flout the preponderance of evidence standard in favor of a “
SB 164, entitled “Marriage Solemnization Amendments”. This bill amended the list of individuals authorized to solemnize a marriage to include the state attorney general, the state treasurer, the state auditor, and members of the state’s congressional delegation. After all, haven’t we all felt it just plain common sense that the state treasurer, the state auditor, and members of the state’s congressional delegation ought to have the power to perform wedding ceremonies? I mean, how did we get along without this to this point?
SB 217, entitled “Protective Order Revisions”. This bill clarifies that a protective order or civil stalking injunction may be filed in the county where a party is temporarily domiciled.
SB 242, 1st Sub, entitled “Child Support Amendments”. This bill modifies the child support tables; provides the effective dates of the child support tables.
SB 243 1st Sub, entitled “Parent-Time Amendments”. This bill: defines terms; modifies and clarifies parent-time schedules. More particularly, it specifies transfer time for Christmas holiday on December 27th at 7 p.m. Creates summer parent-time notice dates of May 1st and May 15th.
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