HB 555: Changes to Family Law Actions - Utah

Amended Excerpts 3/3/2026 18:03:594 → Amended 3/3/2026 18:03:594 · 6 edits

MODERATE

This bill reorganizes and clarifies Utah's family law statutes regarding court fees, definitions, and custody modifications. It updates the rules for awarding attorney fees to ensure courts make specific findings about a party's ability to pay before ordering fees, defines new terms like 'fault' and 'temporary alimony' for clarity, and strengthens protections for children by allowing custody changes if a parent lives with a registered sex offender.

Scope change

The bill modifies the scope of existing family law sections to include more specific procedural requirements and definitions, while maintaining the overall applicability to dissolution of marriage, custody, and support cases.

REQUIREMENT

Courts must now enter specific written findings regarding a party's financial ability to pay before ordering attorney fees or costs in temporary orders.

Courts are restricted from awarding fees against indigent parties or those who did not file frivolous motions designed to harass or delay the process.

DEFINITION

New statutory definitions were added for 'fault', 'length of the marriage', 'payee', 'payor', and 'temporary alimony' to standardize legal terminology.

ENFORCEMENT

Custody orders can now be modified if a parent resides with or provides access to a minor child who is a registered sex offender or convicted of specific sexual or kidnapping offenses against children.

The rules for modifying joint custody were updated to prioritize the existing order if the child is thriving, and parents must file a proposed parenting plan when requesting a change to shared custody.

Penalties for frivolous custody petitions were clarified to ensure the losing party pays the winner's attorney fees and costs.

Substitute #1 → Amended Excerpts 3/3/2026 18:03:594 · 5 edits

MODERATE

This bill amends Utah family law statutes to clarify when courts can award attorney fees and costs in divorce and custody cases. The changes reorganize fee award provisions, strengthen protections against frivolous lawsuits, and add specific findings requirements for temporary fee orders. The amendments also update custody modification standards and clarify when courts can deny fee awards to indigent parties.

Scope change

The bill modifies existing family law procedures but does not expand or restrict the overall scope of family law applications. It refines how courts handle fee awards and custody modifications within current legal frameworks.

REQUIREMENT

Reorganized attorney fee award provisions to clarify when courts can order fee payments and added specific requirements for courts to document financial ability before ordering temporary fees

Updated custody modification standards to include more detailed findings requirements and clarified procedures for modifying joint custody arrangements

ENFORCEMENT

Strengthened protections against frivolous litigation by requiring courts to make specific findings when denying fee awards to indigent parties or when dismissing meritless petitions

Enhanced remedies for parent-time violations by adding specific recoverable costs like child care, transportation, and lost wages

MODIFIED

Made formatting and organizational changes to improve clarity of existing fee award provisions without altering substantive legal standards

Amended 2/23/2026 13:02:647 → Substitute #1 · 6 edits

MODERATE

This bill simplifies and clarifies Utah's family law provisions regarding attorney fees, costs, and custody modifications. It removes outdated language, updates cross-references to other sections, and streamlines how courts award fees in enforcement cases.

Scope change

The bill's scope remains focused on family law actions (divorce, custody, support), but it clarifies applicability by removing redundant language and updating section references.

REQUIREMENT

Removed redundant and conflicting language in Section 81-1-203 regarding when courts can order attorney fees, replacing it with clearer, reorganized subsections.

Updated Section 81-1-203 to clarify that courts must make specific findings about parties' ability to pay fees for temporary orders in custody and support cases.

ENFORCEMENT

Reorganized Section 81-1-203 to make enforcement of custody and support orders clearer, specifying when courts must award fees to prevailing parties.

TECHNICAL

Updated cross-references in Section 81-4-501 to correct the citation from 81-1-203(4) to 81-1-203(5) for temporary alimony definitions.

Removed outdated and redundant language in Section 81-9-208 regarding custody modification, streamlining the requirements for proving substantial changes in circumstances.

Corrected formatting and removed duplicate or conflicting text throughout the bill to improve clarity and consistency.

Amended Excerpts 2/23/2026 13:02:647 → Amended 2/23/2026 13:02:647 · 5 edits

MODERATE

This bill clarifies how courts handle attorney fees and costs in family law cases, particularly requiring courts to consider parties' ability to pay fees for temporary orders and to make specific findings when limiting or denying fee awards. It also strengthens fee-shifting rules in enforcement actions and updates definitions related to fault and temporary alimony.

Scope change

The bill applies to family law actions including dissolution of marriage, protective orders, and cases involving custody, parent-time, child support, alimony, or property division in domestic cases.

REQUIREMENT

Courts must now consider parties' ability to pay when awarding attorney fees and costs for temporary orders in family law cases.

Courts must enter specific written findings explaining why they did not award fees or limited fees in family law actions.

ENFORCEMENT

Courts must award reasonable attorney fees and costs when a party prevails in an action to enforce custody, parent-time, child support, alimony, or property division orders.

DEFINITION

Updated definition of temporary alimony to reference the correct subsection of the fee award statute.

TECHNICAL

Renumbered subsections and made technical corrections to align with prior legislative changes.

Introduced → Amended Excerpts 2/23/2026 13:02:647 · 5 edits

MODERATE

This bill strengthens fee-shifting rules in Utah family law cases, requiring courts to award reasonable attorney fees to prevailing parties in enforcement actions and mandating specific findings about parties' ability to pay fees in temporary orders. The changes aim to ensure financial fairness and accountability in family law proceedings.

Scope change

The bill expands fee award requirements from discretionary to mandatory in enforcement actions and clarifies when courts must consider parties' financial ability to pay fees.

REQUIREMENT

Changed fee award rules in enforcement actions from discretionary to mandatory, requiring courts to award reasonable attorney fees and costs when a party substantially prevails.

Added requirement for courts to enter specific findings about parties' ability to pay costs, attorney fees, and witness fees for temporary orders in family law cases.

Modified language to require courts to award fees when parties substantially prevail on claims or defenses, rather than allowing discretionary awards.

Added requirement for courts to enter specific findings explaining why fees were not awarded or were limited when dealing with indigent parties.

TECHNICAL

Made technical corrections to section numbering and formatting throughout the bill text.

Changes to Family Law Actions

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