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IN SB0102

Bill

Status

Introduced

1/3/2018

Primary Sponsor

Michael Delph

Click for details

Origin

Senate

2018 Regular Session

AI Summary

  • Expands factors courts must consider for spousal maintenance to include marriage duration, age and condition of spouses, standard of living during marriage, contributions to spouse's education or earning capacity, and lost earning capacity due to marital responsibilities

  • Caps spousal maintenance duration at the length of the marriage and limits annual payments (combined with child support) to 40% of the payor spouse's salary, replacing the previous 3-year limit

  • Extends court-ordered educational support for children at postsecondary institutions from age 21 to age 26

  • Defines "postsecondary educational institution" as one offering organized 2-year or longer programs creditable toward a baccalaureate or undergraduate degree

  • Allows parents, guardians, or children previously denied educational support due to age restrictions to refile petitions under the new rules

Legislative Description

Spousal support and educational support. Adds to the list of factors that a court may consider when making findings concerning spousal maintenance. Allows a court to award spousal maintenance as appropriate, but not to exceed: (1) a period of time that equals the duration of the marriage; or (2) an annual amount, including child support obligations for any child of the marriage, equivalent to 40% of the payor spouse's annual salary. Allows a court to issue an educational support order until a child reaches 26 years of age.

Last Action

First reading: referred to Committee on Judiciary

1/3/2018

Committee Referrals

Judiciary1/3/2018

Full Bill Text

No bill text available