House reconsiders and amends alimony law; Second Substitute HB 491 passes

The Utah House on March 8, 2011, under suspension of the rules moved to reconsider Second Substitute House Bill 491 (alimony amendments), adopted Amendment 2 to clarify the definition and application of "fault," and passed the bill 52-17.

Representative Biskupski moved to reconsider the bill under suspension of the rules. Supporters, including Representative Christiansen, urged reconsideration after overnight debate and described the measure as a needed correction to address statutory gaps. Opponents such as Representative Cosgrove cautioned that changes to alimony and child-support frameworks decide winners and losers and are better handled by judges with case-by-case discretion.

Sponsor Representative Sandstrom introduced Amendment 2 to remove specific contested lines and to tighten language on unilateral conduct that may justify consideration of fault in alimony decisions; she said the changes followed consultation with practicing family-law attorneys and members of the body. Sandstrom argued the Utah Court of Appeals had asked the Legislature to define "fault," and said, "The courts have asked us to do our job."

After debate the amendment was adopted and the second substitute passed final passage with 52 affirmative and 17 opposing votes. The bill will be returned to the Senate for further consideration.

Lawmakers emphasized the change was intended to provide courts clearer statutory criteria when judges consider fault in alimony determinations, while some members reiterated concerns about shifting decision-making powers from judges to statutory bright lines.