Utah Code 30-3-5.5. Imputed income for recipient spouse for alimony purposes — No recent work history or disability
Current as of: 2024 | Check for updates
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(1) Notwithstanding the provisions of Section 30-3-5 or 78B-12-203 , the court may, in determining imputation of income to a recipient spouse, apply the provisions of this section if the recipient spouse:
(1)(a) has diminished workplace experience that resulted from an agreement between the spouses that the recipient spouse reduce their workplace experience to care for a child of the payor spouse; or
(1)(b) has been diagnosed with a disability that has caused a reduction in the recipient spouse’s workplace experience.
(2) If a recipient spouse meets the requirements of Subsection (1)(a) or (b), the court:
(2)(a) may consider reasonable efforts made by the recipient spouse to improve their employment situation and any reasonable barrier to obtaining or retaining employment; and
(2)(b) is not required to consider that the recipient spouse may be underemployed if the recipient spouse is employed and has shown reasonable barriers to improving the recipient spouse’s employment.
(3)
(3)(a) In making an income imputation under this section, the court may use relevant provisions of Section 78B-12-203 , provided that the provision is not contrary to the requirements of this section.
(3)(b) When considering what constitutes a reasonable barrier to obtaining or retaining employment, the court:
(3)(b)(i) may include in its analysis a determination of the length of time that is considered by the court to be recent as relates to a recipient spouse’s work history, training, or education under this section;
(3)(b)(ii) may consider whether the recipient spouse:
(3)(b)(ii)(A) is fully competitive against other employment applicants whose work history, training, or education is current; and
(3)(b)(ii)(B) in the case of a disability, is fully competitive against other employment applicants who do not have a disability; and
(3)(b)(iii) may impute any income as it relates to employment for which the spouse is fully competitive and has not shown any reasonable barriers to obtain.
(3)(c) If the court imputes any income to a recipient spouse who qualifies for income determination under this section, the court shall enter specific findings of fact as to the evidentiary basis for imputing the income.
(4)
(4)(a) After a divorce decree has been entered, subject to the requirements of Subsection 30-3-5 (11), the court may review an income imputation to a recipient spouse under this section.
(4)(b) A recipient spouse’s showing that barriers have prevented significant improvement of the recipient spouse’s employment situation, despite reasonable efforts on the part of the recipient spouse to improve their employment situation, may, in the court’s determination, constitute a substantial material change in circumstances and eligibility to review an income imputation under this section.