81-1-203. Award of costs and attorney and witness fees -- Temporary support and maintenance.
(1)
(a) In an action filed under Chapter 4, Dissolution of Marriage, Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders, or in an action to establish an order of custody, parent-time, child support, alimony, or the 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.
(b) The order under Subsection (1)(a) may include a provision for costs of the action.
(c) A court may grant an order under Subsection (1)(a) if the court finds that:
(i) the party requesting the costs and fees lacks the financial resources to pay the costs and fees;
(ii) the nonrequesting party has the financial resources to pay the costs and fees;
(iii) the costs and fees are necessary for prosecuting or defending the action; and
(iv) the amount of the costs and fees are reasonable.
(d)
(i) A court may not find that a party lacks the financial resources to pay the costs and fees under Subsection (1)(c)(i) if the party chooses:
(A) not to earn an income despite being able and available to earn an income; or
(B) to earn significantly less income than the individual is able to earn considering the individual's physical capabilities, education, training, and experience.
(ii) Subsection (1)(d)(i) does not apply if an individual:
(A) is actively seeking a source of income consistent with the individual's physical capabilities, education, training, and experience;
(B) does not earn an income or earns significantly less income than the individual is capable of earning to care for a child or vulnerable adult, as that term is defined in Section 76-5-111; or
(C) is between income-earning periods in seasonal or project-based employment that is consistent with the individual's physical capabilities, education, training, and experience.
(2) In an 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.
(3) The court, in the court's discretion, may award no fees or limited fees against a party if the court finds the party is indigent or enters in the record the reason for not awarding fees.
(4) In an action described 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 a minor child in the custody of the other party.
(5) The court may amend an order entered in accordance with this section before the entry of the final order or judgment or in the final order or judgment.
Amended by Chapter 309, 2026 General Session
