Utah Code 30-3-3 has changed and the effects of it start on July 7, 2020. Make sure you have a free consultation with Brian Arnold of Arnold Wadsworth & Coggins if you are facing divorce or a custody situation in Utah. This statute deals with temporary child support and alimony. It also deals with division of property. A key here is that it explains that a court has the ability to award attorney fees, witness fees, and expert fees so that each Party can properly litigate the case. Again, if you are facing any of these situations call our office today for a free consultation, 801-475-0123
30-3-3. Award of costs, attorney and witness fees — Temporary alimony.
(1) In any action filed under Title 30, Chapter 3, Divorce, Chapter 4, Separate Maintenance, or Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders, and in any action to establish an order of custody, parent-time, child support, alimony, or 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. The order may include provision for costs of the action.
(2) In any 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. The court, in its discretion, may award no fees or limited fees against a party if the court finds the party is impecunious or enters in the record the reason for not awarding fees.
(3) In any action listed 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 any children in the custody of the other party.
(4) Orders entered under this section prior to entry of the final order or judgment may be amended during the course of the action or in the final order or judgment.
