Nemelka & Nemelka Family Law News

17-Jun-2013

Recently the legislature passed new laws pertaining to family law. Some highlights of the most recent session include: 

- House Bill 50, Dating Violence Protection Act Amendments, sponsored by Representative Jennifer Seelig would make it possible for individuals in dating relationships to get protective orders with the same ease as individuals who are cohabitating. 

- House Bill 80, Family Expenses Amendments, sponsored by Representative Johnny Anderson would allow a creditor to collect from either a husband or wife or both for debts incurred during the marriage, including reasonable and necessary medical, dental, and education expenses of the minor children.

  - House Bill 313, Rights of Parents and Children Amendments sponsored by Representative LaVar Christensen would allow any parent served with a petition for termination of their parental rights to request a jury trial in a proceeding for termination of parental rights, and would require the court to grand any jury trial request.

  - House Bill 314, Parent-Time Amendments sponsored by Representative Val Peterson, would add a default parent-time schedule to the Utah Code that would result in 145 overnights for the non-custodial parent. The parent would first have to make a showing that he or she has been actively involved in the child’s life, that the parents can communicate effectively regarding the child, that the noncustodial parent can facilitate the increased parent time, and that the increased parent-time would be in the best interest of the child. The proposed 145 day schedule may result in joint physical custody.

  - Senate Bill 11, Alimony Amendments, sponsored by Senator Lyle W. Hillyard, would allow a court to consider fault when determining an alimony award. Fault, for the purposes of this bill, would include infidelity, undermining the financial stability of one’s spouse, or physical or financial harm or the threat to cause physical or financial harm.

- Senate Bill 18, Child Custody Proceedings Amendments, sponsored by Senator Luz Robles, would reduce the age a child may express their preference in child custody proceedings from 16 to 14 years old. Senator Robles also sponsored a similar bill during last year’s legislative session.
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