CHAPTER 598 DISSOLUTION OF MARRIAGE AND DOMESTIC RELATIONS
598.1 DEFINITIONS.
As used in this chapter:
1. "Best interest of the child" includes, but is not limited to,
the opportunity for maximum continuous physical and emotional contact
possible with both parents, unless direct physical or significant
emotional harm to the child may result from this contact. Refusal by
one parent to provide this opportunity without just cause shall be
considered harmful to the best interest of the child.
2. "Dissolution of marriage" means a termination of the marriage
relationship and shall be synonymous with the term "divorce".
3. "Joint custody" or "joint legal custody" means an award of
legal custody of a minor child to both parents jointly under which
both parents have legal custodial rights and responsibilities toward
the child and under which neither parent has legal custodial rights
superior to those of the other parent. Rights and responsibilities
of joint legal custody include, but are not limited to, equal
participation in decisions affecting the child's legal status,
medical care, education, extracurricular activities, and religious
instruction.
4. "Joint physical care" means an award of physical care of a
minor child to both joint legal custodial parents under which both
parents have rights and responsibilities toward the child including,
but not limited to, shared parenting time with the child, maintaining
homes for the child, providing routine care for the child and under
which neither parent has physical care rights superior to those of
the other parent.
5. "Legal custody" or "custody" means an award of the rights of
legal custody of a minor child to a parent under which a parent has
legal custodial rights and responsibilities toward the child. Rights
and responsibilities of legal custody include, but are not limited
to, decision making affecting the child's legal status, medical care,
education, extracurricular activities, and religious instruction.
6. "Minor child" means any person under legal age.
7. "Physical care" means the right and responsibility to maintain
a home for the minor child and provide for the routine care of the
child.
8. "Postsecondary education subsidy" means an amount which either
of the parties may be required to pay under a temporary order or
final judgment or decree for educational expenses of a child who is
between the ages of eighteen and twenty-two years if the child is
regularly attending a course of vocational-technical training either
as a part of a regular school program or under special arrangements
adapted to the individual person's needs; or is, in good faith, a
full-time student in a college, university, or community college; or
has been accepted for admission to a college, university, or
community college and the next regular term has not yet begun.
9. "Support" or "support payments" means an amount which the
court may require either of the parties to pay under a temporary
order or a final judgment or decree, and may include alimony, child
support, maintenance, and any other term used to describe these
obligations. For orders entered on or after July 1, 1990, unless the
court specifically orders otherwise, medical support is not included
in the monetary amount of child support. The obligations shall
include support for a child who is between the ages of eighteen and
nineteen years who is engaged full-time in completing high school
graduation or equivalency requirements in a manner which is
reasonably expected to result in completion of the requirements prior
to the person reaching nineteen years of age; and may include support
for a child of any age who is dependent on the parties to the
dissolution proceedings because of physical or mental disability.
[C71, 73, 75, 77, 79, 81, § 598.1; 82 Acts, ch 1250, § 1]
84 Acts, ch 1088, § 1; 86 Acts, ch 1245, § 1495; 90 Acts, ch 1224,
§ 41; 90 Acts, ch 1253, § 120; 97 Acts, ch 175, §182--185, 200
Referred to in § 8A.222, 252B.1, 252B.13A, 252B.14, 252B.24,
252D.16, 633.425
598.2 JURISDICTION AND VENUE.
The district court has original jurisdiction of the subject matter
of this chapter. Venue shall be in the county where either party
resides.
[C51, § 1480; R60, § 2532; C73, § 2220; C97, § 3171; C24, 27, 31,
35, 39, § 10468; C46, 50, 54, 58, 62, 66, § 598.1; C71, 73, 75, 77,
79, 81, § 598.2]
598.2A CHOICE OF LAW.
In a proceeding to establish, modify, or enforce a child support
order the forum state's law shall apply except as follows:
1. In interpreting a child support order, a court shall apply the
law of the state of the court or administrative agency that issued
the order.
2. In an action to enforce a child support order, a court shall
apply the statute of limitations of the forum state or the state of
the court or administrative agency that issued the order, whichever
statute provides the longer period of limitations.
96 Acts, ch 1141, §26
598.3 KIND OF ACTION -- JOINDER.
An action for dissolution of marriage shall be by equitable
proceedings, and no cause of action, save for alimony, shall be
joined therewith. Such actions shall not be subject to counterclaim
or cross petition by the respondent. After the appearance of the
respondent, no dismissal of the cause of action shall be allowed
unless both the petitioner and the respondent sign the dismissal.
[R60, § 4184; C73, § 2511; C97, § 3430; C24, 27, 31, 35, 39, §
10469; C46, 50, 54, 58, 62, 66, § 598.2; C71, 73, 75, 77, 79, 81, §
598.3]
598.4 CAPTION OF PETITION FOR DISSOLUTION.
The petition for dissolution of marriage shall be captioned
substantially as follows:
In the District Court of the State of Iowa In and For ...... County
In Re the Marriage of ...... and ......
Upon the Petition Petition for
of Dissolution
........ of Marriage
(Petitioner) Equity No. ...
and Concerning
........
(Respondent)
[C71, 73, 75, 77, 79, 81, § 598.4]
598.5 CONTENTS OF PETITION -- VERIFICATION -- EVIDENCE.
1. The petition for dissolution of marriage shall:
a. State the name, birth date, address and county of residence of
the petitioner and the name and address of the petitioner's attorney.
b. State the place and date of marriage of the parties.
c. State the name, birth date, address and county of residence,
if known, of the respondent.
d. State the name and age of each minor child by date of birth
whose welfare may be affected by the controversy.
e. State whether or not a separate action for dissolution of
marriage or child support has been commenced and whether such action
is pending in any court in this state or elsewhere. State whether
the entry of an order would violate 28 U.S.C. § 1738B. If there is
an existing child support order, the party shall disclose identifying
information regarding the order.
f. Allege that the petition has been filed in good faith and for
the purposes set forth therein.
g. Allege that there has been a breakdown of the marriage
relationship to the extent that the legitimate objects of matrimony
have been destroyed and there remains no reasonable likelihood that
the marriage can be preserved.
h. Set forth any application for temporary support of the
petitioner and any children without enumerating the amounts thereof.
i. Set forth any application for permanent alimony or support,
child custody, or disposition of property, as well as attorneys' fees
and suit money, without enumerating the amounts thereof.
j. State whether the appointment of a conciliator pursuant to
section 598.16 may preserve the marriage.
k. Except where the respondent is a resident of this state and is
served by personal service, state that the petitioner has been for
the last year a resident of the state, specifying the county in which
the petitioner has resided and the length of such residence in the
state after deducting all absences from the state, and that the
maintenance of the residence has been in good faith and not for the
purpose of obtaining a dissolution of marriage only.
2. The petition shall be verified by the petitioner.
3. The allegations of the petition shall be established by
competent evidence.
[C71, 73, 75, 77, 79, 81, § 598.5]
85 Acts, ch 178, §4; 97 Acts, ch 175, §186; 2005 Acts, ch 69, §30
598.6 ADDITIONAL CONTENTS. Repealed by 2005 Acts, ch 69, § 58.
See § 598.5.
598.7 MEDIATION.
1. The district court may, on its own motion or on the motion of
any party, order the parties to participate in mediation in any
dissolution of marriage action or other domestic relations action.
Mediation performed under this section shall comply with the
provisions of chapter 679C. The provisions of this section shall not
apply if the action involves a child support or medical support
obligation enforced by the child support recovery unit. The
provisions of this section shall not apply to actions which involve
domestic abuse pursuant to chapter 236. The provisions of this
section shall not affect a judicial district's or court's authority
to order settlement conferences pursuant to rules of civil procedure.
The court shall, on application of a party, grant a waiver from any
court-ordered mediation under this section if the party demonstrates
that a history of domestic abuse exists as specified in section
598.41, subsection 3, paragraph "j".
2. The supreme court shall establish a dispute resolution program
in family law cases that includes the opportunities for mediation and
settlement conferences. Any judicial district may implement such a
dispute resolution program, subject to the rules prescribed by the
supreme court.
3. The supreme court shall prescribe rules for the mediation
program, including the circumstances under which the district court
may order participation in mediation.
4. Any dispute resolution program shall comply with all of the
following standards:
a. Participation in mediation shall include attendance at a
mediation session with the mediator and the parties to the action,
listening to the mediator's explanation of the mediation process,
presentation of one party's view of the case, and listening to the
response of the other party. Participation in mediation does not
require that the parties reach an agreement.
b. The parties may choose the mediator, or the court shall
appoint a mediator. A court-appointed mediator shall meet the
qualifications established by the supreme court.
c. Parties to the mediation have the right to advice and presence
of counsel at all times.
d. The parties to the mediation shall present any agreement
reached through the mediation to their attorneys, if any. A
mediation agreement reached by the parties shall not be enforceable
until approved by the court.
e. The costs of mediation shall be borne by the parties, as
agreed to by the parties, or as ordered by the court, and may be
taxed as court costs. Mediation shall be provided on a sliding fee
scale for parties who are determined to be indigent pursuant to
section 815.9.
5. The supreme court shall prescribe qualifications for mediators
under this section. The qualifications shall include but are not
limited to the ethical standards to be observed by mediators. The
qualifications shall not include a requirement that the mediator be
licensed to practice any particular profession.
[C51, § 1481; R60, § 2533; C73, § 2222; C97, § 3173; C24, 27, 31,
35, 39, § 10471; C46, 50, 54, 58, 62, 66, § 598.4; C71, 73, 75, 77,
79, 81, § 598.7]
2005 Acts, ch 69, §31
598.7A MEDIATION. Repealed by 2005 Acts, ch 69, § 58. See §
598.7.
598.8 HEARINGS -- EXCEPTIONS.
1. Except as otherwise provided in subsection 2, hearings for
dissolution of marriage shall be held in open court upon the oral
testimony of witnesses, or upon the depositions of such witnesses
taken as in other equitable actions or taken by a commissioner
appointed by the court. The court may in its discretion close the
hearing. Hearings held for the purpose of determining child custody
may be limited in attendance by the court. Upon request of either
party, the court shall provide security in the courtroom during the
custody hearing if a history of domestic abuse relating to either
party exists.
2. The court may enter a decree of dissolution without a hearing
under either of the following circumstances:
a. All of the following circumstances have been met:
(1) The parties have certified in writing that there has been a
breakdown of the marriage relationship to the extent that the
legitimate objects of matrimony have been destroyed and there remains
no reasonable likelihood that the marriage can be preserved.
(2) All documents required by the court and by statute have been
filed.
(3) The parties have entered into a written agreement settling
all of the issues involved in the dissolution of marriage.
b. The respondent has not entered a general or special appearance
or filed a motion or pleading in the case, the waiting period
provided under section 598.19 has expired, and all of the following
circumstances have been met:
(1) The petitioner has certified in writing that there has been a
breakdown of the marriage relationship to the extent that the
legitimate objects of matrimony have been destroyed and there remains
no reasonable likelihood that the marriage can be preserved.
(2) All documents required by the court and by statute have been
filed.
[C73, § 2222; C97, § 3173; C24, 27, 31, 35, 39, § 10472; C46, 50,
54, 58, 62, 66, § 598.5; C71, 73, 75, 77, 79, 81, § 598.8]
95 Acts, ch 165, § 1; 95 Acts, ch 182, § 21; 2000 Acts, ch 1034,
§1, 2
598.9 RESIDENCE -- FAILURE OF PROOF.
If the averments as to residence are not fully proved, the hearing
shall proceed no further, and the action be dismissed by the court.
[C73, § 2222; C97, § 3173; C24, 27, 31, 35, 39, § 10473; C46, 50,
54, 58, 62, 66, § 598.6; C71, 73, 75, 77, 79, 81, § 598.9]
598.10 TEMPORARY ORDERS.
1. a. The court may order either party to pay the clerk a sum of
money for the separate support and maintenance of the other party and
the children and to enable such party to prosecute or defend the
action. The court may on its own motion and shall upon application
of either party or an attorney or guardian ad litem appointed under
section 598.12 determine the temporary custody of any minor child
whose welfare may be affected by the filing of the petition for
dissolution.
b. In order to encourage compliance with a visitation order, a
temporary order for custody shall provide for a minimum visitation
schedule with the noncustodial parent, unless the court determines
that such visitation is not in the best interest of the child.
2. The court may make such an order when a claim for temporary
support is made by the petitioner in the petition, or upon
application of either party, after service of the original notice and
when no application is made in the petition; however, no such order
shall be entered until at least five days' notice of hearing, and
opportunity to be heard, is given the other party. Appearance by an
attorney or the respondent for such hearing shall be deemed a special
appearance for the purpose of such hearing only and not a general
appearance. An order entered pursuant to this section shall contain
the names, birth dates, addresses, and counties of residence of the
petitioner and respondent.
2005 Acts, ch 69, §32
Referred to in § 598.11, 598.22
598.11 HOW TEMPORARY ORDER MADE -- CHANGES -- RETROACTIVE
MODIFICATION.
1. In making temporary orders, the court shall take into
consideration the age of the applicant, the physical and pecuniary
condition of the parties, and other matters as are pertinent, which
may be shown by affidavits, as the court may direct. The hearing on
the application shall be limited to matters set forth in the
application, the affidavits of the parties, and the required
statements of income. The court shall not hear any other matter
relating to the petition, respondent's answer, or any pleadings
connected with the petition or answer.
2. Subject to 28 U.S.C. § 1738B, after notice and hearing,
subsequent changes in temporary orders may be made by the court on
application of either party demonstrating a substantial change in the
circumstances occurring subsequent to the issuance of such order. If
the order is not so modified, it shall continue in force and effect
until the action is dismissed or a decree is entered dissolving the
marriage.
3. An order for temporary support may be retroactively modified
only from three months after notice of hearing for temporary support
pursuant to section 598.10 or from three months after notice of
hearing for modification of a temporary order for support pursuant to
this section. The three-month limitation applies to modification
actions pending on or after July 1, 1997.
[C73, § 2226; C97, § 3177; C24, 27, 31, 35, 39, § 10478; C46, 50,
54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 598.11]
85 Acts, ch 178, §5; 2005 Acts, ch 69, §33
598.12 ATTORNEY OR GUARDIAN AD LITEM FOR MINOR CHILD --
INVESTIGATIONS.
1. The court may appoint an attorney to represent the legal
interests of the minor child or children of the parties. The
attorney shall be empowered to make independent investigations and to
cause witnesses to appear and testify before the court on matters
pertinent to the legal interests of the children.
2. The court may appoint a guardian ad litem to represent the
best interests of the minor child or children of the parties.
a. Unless otherwise enlarged or circumscribed by a court or
juvenile court having jurisdiction over the child or by operation of
law, the duties of a guardian ad litem with respect to a child shall
include all of the following:
(1) Conducting general in-person interviews with the child, if
the child's age is appropriate for the interview, and interviewing
each parent, guardian, or other person having custody of the child,
if authorized by the person's legal counsel.
(2) Conducting interviews with the child, if the child's age is
appropriate for the interview, prior to any court-ordered hearing.
(3) Visiting the home, residence, or both home and residence of
the child and any prospective home or residence of the child,
including visiting the home or residence or prospective home or
residence each time placement is changed.
(4) Interviewing any person providing medical, mental health,
social, educational, or other services to the child, prior to any
court-ordered hearing.
(5) Obtaining firsthand knowledge, if possible, of facts,
circumstances, and parties involved in the matter in which the person
is appointed guardian ad litem.
(6) Attending any hearings in the matter in which the person is
appointed guardian ad litem.
b. The order appointing the guardian ad litem shall grant
authorization to the guardian ad litem to interview any relevant
person and inspect and copy any records relevant to the proceedings,
if not prohibited by federal law. The order shall specify that the
guardian ad litem may interview any person providing medical, mental
health, social, educational, or other services to the child; may
attend any meeting with the medical or mental health providers,
service providers, organizations, or educational institutions
regarding the child, if deemed necessary by the guardian ad litem;
and may inspect and copy any records relevant to the proceedings.
3. The same person may serve both as the child's legal counsel
and as guardian ad litem. However, the court may appoint a separate
guardian ad litem, if the same person cannot properly represent the
legal interests of the child as legal counsel and also represent the
best interests of the child as guardian ad litem, or a separate
guardian ad litem is required to fulfill the requirements of
subsection 2.
4. The court may require that an appropriate agency make an
investigation of both parties regarding the home conditions,
parenting capabilities, and other matters pertinent to the best
interests of the child or children in a dispute concerning custody of
the child or children. The investigation report completed by the
appropriate agency shall be submitted to the court and available to
both parties. The investigation report completed by the appropriate
agency shall be a part of the record unless otherwise ordered by the
court.
5. The court shall enter an order in favor of the attorney, the
guardian ad litem, or an appropriate agency for fees and
disbursements, and the amount shall be charged against the party
responsible for court costs unless the court determines that the
party responsible for costs is indigent, in which event the fees
shall be borne by the county.
[C71, 73, 75, 77, 79, 81, § 598.12; 82 Acts, ch 1250, § 3]
83 Acts, ch 96, § 157, 159; 2000 Acts, ch 1067, §1; 2005 Acts, ch
69, §34
Referred to in § 598.10, 598.16
598.13 FINANCIAL STATEMENTS FILED.
1. Both parties shall disclose their financial status. A showing
of special circumstances shall not be required before the disclosure
is ordered. A statement of net worth set forth by affidavit on a
form prescribed by the supreme court and furnished without charge by
the clerk of the district court shall be filed by each party prior to
the dissolution hearing. However, the parties may waive this
requirement upon application of both parties and approval by the
court.
Failure to comply with the requirements of this subsection
constitutes failure to make discovery as provided in rule of civil
procedure 1.517.
2. The court may, in its discretion, order a trustee to provide,
on behalf of a trust, information including, but not limited to,
trust documents and financial statements relating to any beneficial
interest a party to the pending action may have in the trust.
[C71, 73, 75, 77, 79, 81, § 598.13]
87 Acts, ch 89, §1; 2001 Acts, ch 112, §1
Referred to in § 598.26
The form of affidavit prescribed by the Supreme Court is published
in the compilation "Iowa Court Rules"
598.14 ATTACHMENT.
The petition may be presented to the court for the allowance of an
order of attachment, which, by endorsement thereon, may direct such
attachment and fix the amount for which it may issue, and the amount
of the bond, if any, that shall be given. Any property taken by
virtue thereof shall be held to satisfy the judgment or decree of the
court, but may be discharged or released as in other cases.
[C73, § 2228; C97, § 3179; C24, 27, 31, 35, 39, § 10480; C46, 50,
54, 58, 62, 66, § 598.13; C71, 73, 75, 77, 79, 81, § 598.14]
85 Acts, ch 99, §9; 85 Acts, ch 195, §52; 96 Acts, ch 1141, § 27;
2005 Acts, ch 69, §35
598.14A RETROACTIVE MODIFICATION OF TEMPORARY SUPPORT ORDER.
Repealed by 2005 Acts, ch 69, § 58. See § 598.11.
598.14B CHILD VISITATION -- TEMPORARY CUSTODY ORDERS. Repealed
by 2005 Acts, ch 69, § 58. See § 598.10.
598.15 MANDATORY COURSE -- PARTIES TO CERTAIN PROCEEDINGS.
1. The court shall order the parties to any action which involves
the issues of child custody or visitation to participate in a
court-approved course to educate and sensitize the parties to the
needs of any child or party during and subsequent to the proceeding
within forty-five days of the service of notice and petition for the
action or within forty-five days of the service of notice and
application for modification of an order. Participation in the
course may be waived or delayed by the court for good cause
including, but not limited to, a default by any of the parties or a
showing that the parties have previously participated in a
court-approved course or its equivalent. Participation in the course
is not required if the proceeding involves termination of parental
rights of any of the parties. A final decree shall not be granted or
a final order shall not be entered until the parties have complied
with this section, unless participation in the course is waived or
delayed for good cause or is otherwise not required under this
subsection.
2. Each party shall be responsible for arranging for
participation in the course and for payment of the costs of
participation in the course.
3. Each party shall submit certification of completion of the
course to the court prior to the granting of a final decree or the
entry of an order, unless participation in the course is waived or
delayed for good cause or is otherwise not required under subsection
1.
4. If participation in the court-approved course is waived or
delayed for good cause or is otherwise not required under this
section, the court may order that the parties receive the information
described in subsection 5 through an alternative format.
5. Each judicial district shall certify approved courses for
parties required to participate in a course under this section.
Approved courses may include those provided by a public or private
entity. At a minimum and as appropriate, an approved course shall
include information relating to the parents regarding divorce and its
impact on the children and family relationship, parenting skills for
divorcing parents, children's needs and coping techniques, and the
financial responsibilities of parents following divorce.
6. In addition to the provisions of this section relating to the
required participation in a court-approved course by the parties to
an action as described in subsection 1, the court may require
age-appropriate counseling for children who are involved in a
dissolution of marriage action. The counseling may be provided by a
public or private entity approved by the court. The costs of the
counseling shall be taxed as court costs.
7. The supreme court may prescribe rules to implement this
section.
[C73, § 2227; C97, § 3178; C24, 27, 31, 35, 39, § 10479; C46, 50,
54, 58, 62, 66, § 598.12; C71, 73, 75, 77, 79, 81, § 598.15]
2005 Acts, ch 69, §36
598.16 CONCILIATION -- DOMESTIC RELATIONS DIVISIONS.
A majority of the judges in any judicial district, with the
cooperation of any county board of supervisors in the district, may
establish a domestic relations division of the district court of the
county where the board is located. The division shall offer
counseling and related services to persons before the court.
Upon the application of the petitioner in the petition or by the
respondent in the responsive pleading thereto or, within twenty days
of appointment, of an attorney appointed under section 598.12, the
court shall require the parties to participate in conciliation
efforts for a period of sixty days from the issuance of an order
setting forth the conciliation procedure and the conciliator.
At any time upon its own motion or upon the application of a party
the court may require the parties to participate in conciliation
efforts for sixty days or less following the issuance of such an
order.
Every order for conciliation shall require the conciliator to file
a written report by a date certain which shall state the conciliation
procedures undertaken and such other matters as may have been
required by the court. The report shall be a part of the record
unless otherwise ordered by the court. Such conciliation procedure
may include, but is not limited to, referrals to the domestic
relations division of the court, if established, public or private
marriage counselors, family service agencies, community health
centers, physicians and clergy.
The costs of conciliation procedures shall be paid in full or in
part by the parties and taxed as court costs; however, if the court
determines that the parties will be unable to pay the costs without
prejudicing their financial ability to provide themselves and any
minor children with economic necessities, the costs may be paid in
full or in part by the county.
Persons providing counseling and other services pursuant to this
section are not court employees, but are subject to court
supervision.
[C71, 73, 75, 77, 79, 81, § 598.16]
83 Acts, ch 123, § 194, 209; 83 Acts, ch 186, § 10110, 10201; 93
Acts, ch 54, §11
Referred to in § 331.424, 598.5, 602.11101
598.17 DISSOLUTION OF MARRIAGE -- EVIDENCE.
A decree dissolving the marriage may be entered when the court is
satisfied from the evidence presented that there has been a breakdown
of the marriage relationship to the extent that the legitimate
objects of matrimony have been destroyed and there remains no
reasonable likelihood that the marriage can be preserved. The decree
shall state that the dissolution is granted to the parties, and shall
not state that it is granted to only one party.
If at the time of trial petitioner fails to present satisfactory
evidence that there has been a breakdown of the marriage relationship
to the extent that the legitimate objects of matrimony have been
destroyed and there remains no reasonable likelihood that the
marriage can be preserved, the respondent may then proceed to present
such evidence as though the respondent had filed the original
petition.
A dissolution of marriage granted when one of the spouses has
mental illness shall not relieve the other spouse of any obligation
imposed by law as a result of the marriage for the support of the
spouse with mental illness. The court may make an order for the
support or may waive the support obligation when satisfied from the
evidence that it would create an undue hardship on the obliged spouse
or that spouse's other dependents.
[C71, 73, 75, 77, 79, 81, § 598.17]
89 Acts, ch 296, §77; 96 Acts, ch 1129, § 101
Referred to in § 97A.1, 410.10, 411.1
598.18 RECRIMINATION NOT A BAR TO DISSOLUTION OF MARRIAGE.
If, upon the trial of an action for dissolution of marriage, both
of the parties are found to have committed an act or acts which would
support or justify a decree of dissolution of marriage, such
dissolution may be decreed, and the acts of one party shall not
negate the acts of the other, nor serve to bar the dissolution decree
in any way.
[C71, 73, 75, 77, 79, 81, § 598.18]
598.19 WAITING PERIOD BEFORE DECREE.
No decree dissolving a marriage shall be granted in any proceeding
before ninety days shall have elapsed from the day the original
notice is served, or from the last day of publication of notice, or
from the date that waiver or acceptance of original notice is filed
or until after conciliation is completed, whichever period shall be
longer. However, the court may in its discretion, on written motion
supported by affidavit setting forth grounds of emergency or
necessity and facts which satisfy the court that immediate action is
warranted or required to protect the substantive rights or interests
of any party or person who might be affected by the decree, hold a
hearing and grant a decree dissolving the marriage prior to the
expiration of the applicable period, provided that requirements of
notice have been complied with. In such case the grounds of emergency
or necessity and the facts with respect thereto shall be recited in
the decree unless otherwise ordered by the court. The court may enter
an order finding the respondent in default and waiving conciliation
when the respondent has failed to file an appearance within the time
set forth in the original notice.
[C58, 62, 66, § 598.25; C71, 73, 75, § 598.16, 598.19; C77, 79,
81, § 598.19]
Referred to in § 598.8
598.19A MANDATORY COURSE -- PARTIES TO CERTAIN PROCEEDINGS.
Repealed by 2005 Acts, ch 69, § 58. See § 598.15.
598.20 FORFEITURE OF MARITAL RIGHTS.
When a dissolution of marriage is decreed the parties shall
forfeit all rights acquired by marriage which are not specifically
preserved in the decree. This provision shall not obviate any of the
provisions of section 598.21, 598.21A, 598.21B, 598.21C, 598.21D,
598.21E, or 598.21F.
[C51, § 1486; C73, § 2230; C97, § 3181; C24, 27, 31, 35, 39, §
10483; C46, 50, 54, 58, 62, 66, § 598.16; C71, 73, 75, 77, 79, 81, §
598.20]
2005 Acts, ch 69, §37
598.21 ORDERS FOR DISPOSITION OF PROPERTY.
1. General principles. Upon every judgment of annulment,
dissolution, or separate maintenance, the court shall divide the
property of the parties and transfer the title of the property
accordingly, including ordering the parties to execute a quitclaim
deed or ordering a change of title for tax purposes and delivery of
the deed or change of title to the county recorder of the county in
which each parcel of real estate is located.
2. Duties of county recorder. The county recorder shall record
each quitclaim deed or change of title and shall collect the fee
specified in section 331.507, subsection 2, paragraph "a", and the
fee specified in section 331.604, subsection 1.
3. Duties of clerk of court. If the court orders a transfer of
title to real property, the clerk of court shall issue a certificate
under chapter 558 relative to each parcel of real estate affected by
the order and immediately deliver the certificate for recording to
the county recorder of the county in which the real estate is
located. Any fees assessed shall be included as part of the court
costs. The county recorder shall deliver the certificates to the
county auditor as provided in section 558.58, subsection 1.
4. Property for children. The court may protect and promote the
best interests of children of the parties by setting aside a portion
of the property of the parties in a separate fund or conservatorship
for the support, maintenance, education, and general welfare of the
minor children.
5. Division of property. The court shall divide all property,
except inherited property or gifts received by one party, equitably
between the parties after considering all of the following:
a. The length of the marriage.
b. The property brought to the marriage by each party.
c. The contribution of each party to the marriage, giving
appropriate economic value to each party's contribution in homemaking
and child care services.
d. The age and physical and emotional health of the parties.
e. The contribution by one party to the education, training, or
increased earning power of the other.
f. The earning capacity of each party, including educational
background, training, employment skills, work experience, length of
absence from the job market, custodial responsibilities for children,
and the time and expense necessary to acquire sufficient education or
training to enable the party to become self-supporting at a standard
of living reasonably comparable to that enjoyed during the marriage.
g. The desirability of awarding the family home or the right to
live in the family home for a reasonable period to the party having
custody of the children, or if the parties have joint legal custody,
to the party having physical care of the children.
h. The amount and duration of an order granting support payments
to either party pursuant to section 598.21A and whether the property
division should be in lieu of such payments.
i. Other economic circumstances of each party, including pension
benefits, vested or unvested, and future interests.
j. The tax consequences to each party.
k. Any written agreement made by the parties concerning property
distribution.
l. The provisions of an antenuptial agreement.
m. Other factors the court may determine to be relevant in an
individual case.
6. Inherited and gifted property. Property inherited by either
party or gifts received by either party prior to or during the course
of the marriage is the property of that party and is not subject to a
property division under this section except upon a finding that
refusal to divide the property is inequitable to the other party or
to the children of the marriage.
7. Not subject to modification. Property divisions made under
this chapter are not subject to modification.
8. Necessary content of order. Orders made pursuant to this
section need mention only those factors relevant to the particular
case for which the orders are made but shall contain the names, birth
dates, addresses, and counties of residence of the petitioner and
respondent.
[C51, § 1485; R60, § 2537; C73, § 2229; C97, § 3180; C24, 27, 31,
35, 39, § 10481; C46, 50, 54, 58, 62, 66, § 598.14; C71, 73, 75, 77,
79, § 598.17, § 598.21; C81, § 598.21; 82 Acts, ch 1054, § 1, ch
1250, § 4--9]
83 Acts, ch 101, § 118; 85 Acts, ch 159, § 10; 85 Acts, ch 178, §
6, 7; 86 Acts, ch 1079, § 5; 88 Acts, ch 1141, §2; 89 Acts, ch 102,
§6; 89 Acts, ch 166, §6; 90 Acts, ch 1224, § 42--45; 92 Acts, ch
1195, § 405, 406, 508, 509; 93 Acts, ch 78, §44--46; 93 Acts, ch 79,
§48, 49; 94 Acts, ch 1171, §40--42; 95 Acts, ch 52, § 8; 95 Acts, ch
115, § 11, 12; 96 Acts, ch 1106, § 17; 96 Acts, ch 1141, § 7, 28, 29;
97 Acts, ch 41, §32; 97 Acts, ch 175, §188--193, 200; 99 Acts, ch
103, §44, 45; 2001 Acts, ch 143, §8; 2002 Acts, ch 1018, § 16, 17,
21; 2003 Acts, ch 151, §28; 2004 Acts, ch 1157, §1; 2005 Acts, ch 69,
§38
Referred to in § 598.20, 598.21A
598.21A ORDERS FOR SPOUSAL SUPPORT.
1. Criteria for determining support. Upon every judgment of
annulment, dissolution, or separate maintenance, the court may grant
an order requiring support payments to either party for a limited or
indefinite length of time after considering all of the following:
a. The length of the marriage.
b. The age and physical and emotional health of the parties.
c. The distribution of property made pursuant to section 598.21.
d. The educational level of each party at the time of marriage
and at the time the action is commenced.
e. The earning capacity of the party seeking maintenance,
including educational background, training, employment skills, work
experience, length of absence from the job market, responsibilities
for children under either an award of custody or physical care, and
the time and expense necessary to acquire sufficient education or
training to enable the party to find appropriate employment.
f. The feasibility of the party seeking maintenance becoming
self-supporting at a standard of living reasonably comparable to that
enjoyed during the marriage, and the length of time necessary to
achieve this goal.
g. The tax consequences to each party.
h. Any mutual agreement made by the parties concerning financial
or service contributions by one party with the expectation of future
reciprocation or compensation by the other party.
i. The provisions of an antenuptial agreement.
j. Other factors the court may determine to be relevant in an
individual case.
2. Necessary content of order. Orders made pursuant to this
section need mention only those factors relevant to the particular
case for which the orders are made but shall contain the names, birth
dates, addresses, and counties of residence of the petitioner and
respondent.
96 Acts, ch 1106, §18; 2005 Acts, ch 69, §39
Referred to in § 252A.3, 252A.6, 598.20, 598.21, 598.22
598.21B ORDERS FOR CHILD SUPPORT AND MEDICAL SUPPORT.
1. Child support guidelines.
a. The supreme court shall maintain uniform child support
guidelines and criteria and review the guidelines and criteria at
least once every four years, pursuant to the federal Family Support
Act of 1988, Pub. L. No. 100-485. The initial review shall be
performed within four years of October 12, 1989, and subsequently
within the four-year period of the most recent review.
b. The guidelines prescribed by the supreme court shall
incorporate provisions for medical support as defined in chapter 252E
to be effective on or before January 1, 1991.
c. It is the intent of the general assembly that, to the extent
possible within the requirements of federal law, the court and the
child support recovery unit consider the individual facts of each
judgment or case in the application of the guidelines and determine
the support obligation accordingly. It is also the intent of the
general assembly that in the supreme court's review of the
guidelines, the supreme court shall do both of the following:
(1) Emphasize the ability of a court to apply the guidelines in a
just and appropriate manner based upon the individual facts of a
judgment or case.
(2) In determining monthly child support payments, consider other
children for whom either parent is legally responsible for support
and other child support obligations actually paid by either party
pursuant to a court or administrative order.
d. The guidelines prescribed by the supreme court shall be used
by the department of human services in determining child support
payments under sections 252C.2 and 252C.4. A variation from the
guidelines shall not be considered by the department without a record
or written finding, based on stated reasons, that the guidelines
would be unjust or inappropriate as determined under criteria
prescribed by the supreme court.
2. Child support orders.
a. Court's authority. Unless prohibited pursuant to 28 U.S.C. §
1738B, upon every judgment of annulment, dissolution, or separate
maintenance, the court may order either parent or both parents to pay
an amount reasonable and necessary for supporting a child.
b. Calculating amount of support.
(1) In establishing the amount of support, consideration shall be
given to the responsibility of both parents to support and provide
for the welfare of the minor child and of a child's need, whenever
practicable, for a close relationship with both parents.
(2) For purposes of calculating a support obligation under this
section, the income of the parent from whom support is sought shall
be used as the noncustodial parent income for purposes of application
of the guidelines, regardless of the legal custody of the child.
(3) For the purposes of including a child's dependent benefit in
calculating a support obligation under this section for a child whose
parent has been awarded disability benefits under the federal Social
Security Act, the provisions of section 598.22C shall apply.
c. Rebuttable presumption in favor of guidelines. There shall be
a rebuttable presumption that the amount of child support which would
result from the application of the guidelines prescribed by the
supreme court is the correct amount of child support to be awarded.
d. Variation from guidelines. A variation from the guidelines
shall not be considered by a court without a record or written
finding, based on stated reasons, that the guidelines would be unjust
or inappropriate as determined under the criteria prescribed by the
supreme court.
e. Special circumstances justifying variation from guidelines.
Unless the special circumstances of the case justify a deviation, the
court or the child support recovery unit shall establish a monthly
child support payment of twenty-five dollars for a parent who is
nineteen years of age or younger, who has not received a high school
or high school equivalency diploma, and to whom each of the following
apply:
(1) The parent is attending a school or program described as
follows or has been identified as one of the following:
(a) The parent is in full-time attendance at an accredited school
and is pursuing a course of study leading to a high school diploma.
(b) The parent is attending an instructional program leading to a
high school equivalency diploma.
(c) The parent is attending a vocational education program
approved pursuant to chapter 258.
(d) The parent has been identified by the director of special
education of the area education agency as a child requiring special
education as defined in section 256B.2.
(2) The parent provides proof of compliance with the requirements
of subparagraph (l) to the child support recovery unit, if the unit
is providing services under chapter 252B, or if the unit is not
providing services pursuant to chapter 252B, to the court as the
court may direct. Failure to provide proof of compliance under this
subparagraph or proof of compliance under section 598.21G is grounds
for modification of the support order using the uniform child support
guidelines and imputing an income to the parent equal to a forty-hour
workweek at the state minimum wage, unless the parent's education,
experience, or actual earnings justify a higher income.
3. Medical support. The court shall order as child medical
support a health benefit plan as defined in chapter 252E if available
to either parent at a reasonable cost. A health benefit plan is
considered reasonable in cost if it is employment-related or other
group health insurance, regardless of the service delivery mechanism.
The premium cost of the health benefit plan may be considered by the
court as a reason for varying from the child support guidelines. If
a health benefit plan is not available at a reasonable cost, the
court may order any other provisions for medical support as defined
in chapter 252E.
4. Necessary content of order. Orders made pursuant to this
section need mention only those factors relevant to the particular
case for which the orders are made but shall contain the names, birth
dates, addresses, and counties of residence of the petitioner and
respondent.
2005 Acts, ch 69, §40
Referred to in § 234.39, 252A.3, 252A.6, 252A.6A, 252B.5, 252B.6,
252B.9, 252C.2, 252C.3, 252C.4, 252F.3, 252F.4, 252F.5, 252H.2,
252H.6, 252H.8, 252H.9, 252H.15, 252H.19, 252H.21, 598.20, 598.21C,
598.21E, 598.22, 598.22C, 600B.25, 600B.41A
598.21C MODIFICATION OF CHILD, SPOUSAL, OR MEDICAL SUPPORT
ORDERS.
1. Criteria for modification. Subject to 28 U.S.C. § 1738B, the
court may subsequently modify child, spousal, or medical support
orders when there is a substantial change in circumstances. In
determining whether there is a substantial change in circumstances,
the court shall consider the following:
a. Changes in the employment, earning capacity, income, or
resources of a party.
b. Receipt by a party of an inheritance, pension, or other gift.
c. Changes in the medical expenses of a party.
d. Changes in the number or needs of dependents of a party.
e. Changes in the physical, mental, or emotional health of a
party.
f. Changes in the residence of a party.
g. Remarriage of a party.
h. Possible support of a party by another person.
i. Changes in the physical, emotional, or educational needs of a
child whose support is governed by the order.
j. Contempt by a party of existing orders of court.
k. Entry of a dispositional order in juvenile court pursuant to
chapter 232 placing custody or physical care of a child with a party
who is obligated to pay support for a child.
l. Other factors the court determines to be relevant in an
individual case.
2. Additional criteria for modification of child support orders.
a. Subject to 28 U.S.C. § 1738B, but notwithstanding subsection
1, a substantial change of circumstances exists when the court order
for child support varies by ten percent or more from the amount which
would be due pursuant to the most current child support guidelines
established pursuant to section 598.21B or the obligor has access to
a health benefit plan, the current order for support does not contain
provisions for medical support, and the dependents are not covered by
a health benefit plan provided by the obligee, excluding coverage
pursuant to chapter 249A or a comparable statute of a foreign
jurisdiction.
b. This basis for modification is applicable to petitions filed
on or after July 1, 1992, notwithstanding whether the guidelines
prescribed by section 598.21B were used in establishing the current
amount of support. Upon application for a modification of an order
for child support for which services are being received pursuant to
chapter 252B, the court shall set the amount of child support based
upon the most current child support guidelines established pursuant
to section 598.21B, including provisions for medical support pursuant
to chapter 252E. The child support recovery unit shall, in
submitting an application for modification, adjustment, or alteration
of an order for support, employ additional criteria and procedures as
provided in chapter 252H and as established by rule.
3. Applicable law. Unless otherwise provided pursuant to 28
U.S.C. § 1738B, a modification of a support order entered under
chapter 234, 252A, 252C, 600B, this chapter, or any other support
chapter or proceeding between parties to the order is void unless the
modification is approved by the court, after proper notice and
opportunity to be heard is given to all parties to the order, and
entered as an order of the court. If support payments have been
assigned to the department of human services pursuant to section
234.39, 239B.6, or 252E.11, or if services are being provided
pursuant to chapter 252B, the department is a party to the support
order. Modifications of orders pertaining to child custody shall be
made pursuant to chapter 598B. If the petition for a modification of
an order pertaining to child custody asks either for joint custody or
that joint custody be modified to an award of sole custody, the
modification, if any, shall be made pursuant to section 598.41.
4. Retroactivity of modification. Judgments for child support or
child support awards entered pursuant to this chapter, chapter 234,
252A, 252C, 252F, 600B, or any other chapter of the Code which are
subject to a modification proceeding may be retroactively modified
only from three months after the date the notice of the pending
petition for modification is served on the opposing party. The
three-month limitation applies to a modification action pending on or
after July 1, 1997. The prohibition of retroactive modification does
not bar the child support recovery unit from obtaining orders for
accrued support for previous time periods. Any retroactive
modification which increases the amount of child support or any order
for accrued support under this paragraph{ shall include a periodic
payment plan. A retroactive modification shall not be regarded as a
delinquency unless there are subsequent failures to make payments in
accordance with the periodic payment plan.
5. Modification of periodic due date. The periodic due date
established under a prior order for payment of child support shall
not be changed in any modified order under this section, unless the
court determines that good cause exists to change the periodic due
date. If the court determines that good cause exists, the court
shall include the rationale for the change in the modified order and
shall address the issue of reconciliation of any payments due or made
under a prior order which would result in payment of the child
support obligation under both the prior and the modified orders.
6. Modification by child support recovery unit. Notwithstanding
any other provision of law to the contrary, when an application for
modification or adjustment of support is submitted by the child
support recovery unit, the sole issues which may be considered by the
court in that action are the application of the guidelines in
establishing the amount of support pursuant to section 598.21B, and
provision for medical support under chapter 252E. When an
application for a cost-of-living alteration of support is submitted
by the child support recovery unit pursuant to section 252H.24, the
sole issue which may be considered by the court in the action is the
application of the cost-of-living alteration in establishing the
amount of child support. Issues related to custody, visitation, or
other provisions unrelated to support shall be considered only under
a separate application for modification.
7. Necessary content of order. Orders made pursuant to this
section need mention only those factors relevant to the particular
case for which the orders are made but shall contain the names, birth
dates, addresses, and counties of residence of the petitioner and
respondent.
8. Duty of clerk of court. If the court modifies an order, and
the original decree was entered in another county in Iowa, the clerk
of court shall send a copy of the modification by regular mail,
electronic transmission, or facsimile to the clerk of court for the
county where the original decree was entered.
2005 Acts, ch 69, §41
Referred to in § 234.39, 252B.5, 252H.10, 252H.18A, 598.20,
598.22, 598.22C
{The word "subsection" probably intended; corrective legislation
is pending
598.21D RELOCATION OF PARENT AS GROUNDS TO MODIFY ORDER OF CHILD
CUSTODY.
If a parent awarded joint legal custody and physical care or sole
legal custody is relocating the residence of the minor child to a
location which is one hundred fifty miles or more from the residence
of the minor child at the time that custody was awarded, the court
may consider the relocation a substantial change in circumstances.
If the court determines that the relocation is a substantial change
in circumstances, the court shall modify the custody order to, at a
minimum, preserve, as nearly as possible, the existing relationship
between the minor child and the nonrelocating parent. If modified,
the order may include a provision for extended visitation during
summer vacations and school breaks and scheduled telephone contact
between the nonrelocating parent and the minor child. The
modification may include a provision assigning the responsibility for
transportation of the minor child for visitation purposes to either
or both parents. If the court makes a finding of past interference
by the parent awarded joint legal custody and physical care or sole
legal custody with the minor child's access to the other parent, the
court may order the posting of a cash bond to assure future
compliance with the visitation provisions of the decree. The supreme
court shall prescribe guidelines for the forfeiting of the bond and
restoration of the bond following forfeiting of the bond.
2005 Acts, ch 69, §42
Referred to in § 598.20
598.21E CONTESTING PATERNITY TO CHALLENGE CHILD SUPPORT ORDER.
1. If, during an action initiated under this chapter or any other
chapter in which a child or medical support obligation may be
established based upon a prior determination of paternity, a party
wishes to contest the paternity of the child or children involved,
all of the following apply:
a. (1) If the prior determination of paternity is based on an
affidavit of paternity filed pursuant to section 252A.3A, or a court
or administrative order entered in this state, or by operation of law
when the mother and established father are or were married to each
other, the provisions of section 600B.41A apply.
(2) If following the proceedings under section 600B.41A the court
determines that the prior determination of paternity should not be
overcome, and that the established father has a duty to provide
support, the court shall enter an order establishing the monthly
child support payment and the amount of the support debt accrued and
accruing pursuant to section 598.21B, or the medical support
obligation pursuant to chapter 252E, or both.
b. If a determination of paternity is based on an administrative
or court order or other means pursuant to the laws of a foreign
jurisdiction, any action to overcome the prior determination of
paternity shall be filed in that jurisdiction. Unless a stay of the
action initiated in this state to establish child or medical support
is requested and granted by the court, pending a resolution of the
contested paternity issue by the foreign jurisdiction, the action
shall proceed.
c. Notwithstanding paragraph "a", in a pending dissolution action
under this chapter, a prior determination of paternity by operation
of law through the marriage of the established father and mother of
the child may be overcome under this chapter if the established
father and mother of the child file a written statement with the
court that both parties agree that the established father is not the
biological father of the child.
2. If the court overcomes a prior determination of paternity, the
previously established father shall be relieved of support
obligations as specified in section 600B.41A, subsection 4. In any
action to overcome paternity other than through a pending dissolution
action, the provisions of section 600B.41A apply. Overcoming
paternity under this paragraph{ does not bar subsequent actions to
establish paternity. A subsequent action to establish paternity
against the previously established father is not barred if it is
subsequently determined that the written statement attesting that the
established father is not the biological father of the child may have
been submitted erroneously, and that the person previously determined
not to be the child's father during the dissolution action may
actually be the child's biological father.
3. If an action to overcome paternity is brought pursuant to
subsection 1, paragraph "c", the court shall appoint a guardian ad
litem for the child for the pendency of the proceedings.
2005 Acts, ch 69, §43
Referred to in § 598.20, 598.22
{Subsection 1, paragraph c, probably intended; corrective
legislation is pending
598.21F POSTSECONDARY EDUCATION SUBSIDY.
1. Order of subsidy. The court may order a postsecondary
education subsidy if good cause is shown.
2. Criteria for good cause. In determining whether good cause
exists for ordering a postsecondary education subsidy, the court
shall consider the age of the child, the ability of the child
relative to postsecondary education, the child's financial resources,
whether the child is self-sustaining, and the financial condition of
each parent. If the court determines that good cause is shown for
ordering a postsecondary education subsidy, the court shall determine
the amount of subsidy as follows:
a. The court shall determine the cost of postsecondary education
based upon the cost of attending an in-state public institution for a
course of instruction leading to an undergraduate degree and shall
include the reasonable costs for only necessary postsecondary
education expenses.
b. The court shall then determine the amount, if any, which the
child may reasonably be expected to contribute, considering the
child's financial resources, including but not limited to the
availability of financial aid whether in the form of scholarships,
grants, or student loans, and the ability of the child to earn income
while attending school.
c. The child's expected contribution shall be deducted from the
cost of postsecondary education and the court shall apportion
responsibility for the remaining cost of postsecondary education to
each parent. The amount paid by each parent shall not exceed
thirty-three and one-third percent of the total cost of postsecondary
education.
3. Subsidy payable. A postsecondary education subsidy shall be
payable to the child, to the educational institution, or to both, but
shall not be payable to the custodial parent.
4. Repudiation by child. A postsecondary education subsidy shall
not be awarded if the child has repudiated the parent by publicly
disowning the parent, refusing to acknowledge the parent, or by
acting in a similar manner.
5. Obligations of child. The child shall forward, to each
parent, reports of grades awarded at the completion of each academic
session within ten days of receipt of the reports. Unless otherwise
specified by the parties, a postsecondary education subsidy awarded
by the court shall be terminated upon the child's completion of the
first calendar year of course instruction if the child fails to
maintain a cumulative grade point average in the median range or
above during that first calendar year.
6. Application. A support order, decree, or judgment entered or
pending before July 1, 1997, that provides for support of a child for
college, university, or community college expenses may be modified in
accordance with this subsection.{
7. Necessary content of order. Orders made pursuant to this
section need mention only those factors relevant to the particular
case for which the orders are made but shall contain the names, birth
dates, addresses, and counties of residence of the petitioner and
respondent.
2005 Acts, ch 69, §44
Referred to in § 598.20, 598.22, 600.11
{The word "section" probably intended; corrective legislation is
pending
598.21G MINOR PARENT -- PARENTING CLASSES.
In any order or judgment entered under chapter 234, 252A, 252C,
252F, 598, or 600B, or under any other chapter which provides for
temporary or permanent support payments, if the parent ordered to pay
support is less than eighteen years of age, one of the following
shall apply:
1. If the child support recovery unit is providing services
pursuant to chapter 252B, the court, or the administrator as defined
in section 252C.1, shall order the parent ordered to pay support to
attend parenting classes which are approved by the department of
human services.
2. If the child support recovery unit is not providing services
pursuant to chapter 252B, the court may order the parent ordered to
pay support to attend parenting classes which are approved by the
court.
2005 Acts, ch 69, §45
Referred to in § 598.21B
598.22 SUPPORT PAYMENTS -- CLERK OF COURT -- COLLECTION SERVICES
CENTER -- DEFAULTS -- SECURITY.
1. Except as otherwise provided in section 598.22A, this section
applies to all initial or modified orders for support entered under
this chapter, chapter 234, 252A, 252C, 252F, 600B, or any other
chapter of the Code. All orders or judgments entered under chapter
234, 252A, 252C, 252F, or 600B, or under this chapter or any other
chapter which provide for temporary or permanent support payments
shall direct the payment of those sums to the clerk of the district
court or the collection services center in accordance with section
252B.14 for the use of the person for whom the payments have been
awarded. Beginning October 1, 1999, all income withholding payments
shall be directed to the collection services center. Payments to
persons other than the clerk of the district court and the collection
services center do not satisfy the support obligations created by the
orders or judgments, except as provided for trusts governed by the
federal Retirement Equity Act of 1984, Pub. L. No. 98-397, for tax
refunds or rebates in section 602.8102, subsection 47, or for
dependent benefits paid to the child support obligee as the result of
disability benefits awarded to the child support obligor under the
federal Social Security Act. For trusts governed by the federal
Retirement Equity Act of 1984, Pub. L. No. 98-397, the order for
income withholding or notice of the order for income withholding
shall require the payment of such sums to the alternate payee in
accordance with the federal Act. For dependent benefits paid to the
child support obligee as a result of disability benefits awarded to
the child support obligor under the federal Social Security Act, the
provisions of section 598.22C shall apply.
2. An income withholding order or notice of the order for income
withholding shall be entered under the terms and conditions of
chapter 252D. However, for trusts governed by the federal Retirement
Equity Act of 1984, Pub. L. No. 98-397, the payor shall transmit the
payments to the alternate payee in accordance with the federal Act.
3. An order or judgment entered by the court for temporary or
permanent support or for income withholding shall be filed with the
clerk. The orders have the same force and effect as judgments when
entered in the judgment docket and lien index and are records open to
the public. Unless otherwise provided by federal law, if it is
possible to identify the support order to which a payment is to be
applied, and if sufficient information identifying the obligee is
provided, the clerk or the collection services center, as
appropriate, shall disburse the payments received pursuant to the
orders or judgments within two working days of the receipt of the
payments. All moneys received or disbursed under this section shall
be entered in records kept by the clerk, or the collection services
center, as appropriate, which shall be available to the public. The
clerk or the collection services center shall not enter any moneys
paid in the record book if not paid directly to the clerk or the
center, as appropriate, except as provided for trusts and federal
social security disability payments in this section, and for tax
refunds or rebates in section 602.8102, subsection 47.
4. If the sums ordered to be paid in a support payment order are
not paid to the clerk or the collection services center, as
appropriate, at the time provided in the order or judgment, the clerk
or the collection services center, as appropriate, shall certify a
default to the court which may, on its own motion, proceed as
provided in section 598.23.
5. Prompt payment of sums required to be paid under sections
598.10, 598.21A, 598.21B, 598.21C, 598.21E, and 598.21F is the
essence of such orders or judgments and the court may act pursuant to
section 598.23 regardless of whether the amounts in default are paid
prior to the contempt hearing.
6. Upon entry of an order for support or upon the failure of a
person to make payments pursuant to an order for support, the court
may require the person to provide security, a bond, or other
guarantee which the court determines is satisfactory to secure the
payment of the support. Upon the person's failure to pay the support
under the order, the court may declare the security, bond, or other
guarantee forfeited.
7. For the purpose of enforcement, medical support is additional
support which, upon being reduced to a dollar amount, may be
collected through the same remedies available for the collection and
enforcement of child support.
8. The clerk of the district court in the county in which the
order for support is filed and to whom support payments are made
pursuant to the order may require the person obligated to pay support
to submit payments by bank draft or money order if the obligor
submits an insufficient funds support payment to the clerk of the
district court.
[C71, 73, 75, 77, 79, 81, § 598.22; 82 Acts, ch 1134, § 1]
85 Acts, ch 100, § 7; 85 Acts, ch 178, § 8; 86 Acts, ch 1246, §
319, 320; 88 Acts, ch 1218, §6--8; 90 Acts, ch 1123, § 13; 90 Acts,
ch 1224, § 46, 47; 93 Acts, ch 79, §50; 97 Acts, ch 175, §194; 98
Acts, ch 1170, §11, 12; 2002 Acts, ch 1018, §18; 2005 Acts, ch 69,
§46
Referred to in § 96.3, 234.39, 252B.14, 252B.15, 252D.1, 252H.3,
252H.8, 252H.9, 252H.16, 252H.22, 252I.2, 252J.2, 421.17, 598.22A,
598.34, 642.21
598.22A SATISFACTION OF SUPPORT PAYMENTS.
Notwithstanding sections 252B.14 and 598.22, support payments
ordered pursuant to any support chapter for orders entered on or
after July 1, 1985, which are not made pursuant to the provisions of
section 252B.14 or 598.22, shall be credited only as provided in this
section.
1. For payment made pursuant to an order, the clerk of the
district court or collection services center shall record a
satisfaction as a credit on the official support payment record if
its validity is confirmed by the court upon submission of an
affidavit by the person entitled to receive the payment or upon
submission of documentation of the financial instrument used in the
payment of the support by the person ordered to pay support, after
notice is given to all parties.
If a satisfaction recorded on the official support payment record
by the clerk of the district court or collection services center
prior to July 1, 1991, was not confirmed as valid by the court, and a
party to the action submits a written affidavit objecting to the
satisfaction, notice of the objection shall be mailed to all parties
at their last known addresses. After all parties have had sufficient
opportunity to respond to the objection, the court shall either
require the satisfaction to be removed from the official support
payment record or confirm its validity.
2. For purposes of this section, the state is a party to which
notice shall be given when public funds have been expended pursuant
to chapter 234, 239B, or 249A, or similar statutes in another state.
If proper notice is not given to the state when required, any order
of satisfaction is void.
3. The court shall not enter an order for satisfaction of
payments not made through the clerk of the district court or
collection services center if those payments have been assigned as a
result of public funds expended pursuant to chapter 234, 239B, or
249A, or similar statutes in other states and the support payments
accrued during the months in which public funds were expended. If
the support order did not direct payments to a clerk of the district
court or the collection services center, and the support payments in
question accrued during the months in which public funds were not
expended, however, the court may enter an order for satisfaction of
payments not made through the clerk of the district court or the
collection services center if documentation of the financial
instrument used in the payment of support is presented to the court
and the parties to the order submit a written affidavit confirming
that the financial instrument was used as payment for support.
4. Payment of accrued support debt due the department of human
services shall be credited pursuant to section 252B.3, subsection 5.
90 Acts, ch 1224, §48; 91 Acts, ch 177, §7; 93 Acts, ch 79, §51;
97 Acts, ch 41, §32; 98 Acts, ch 1170, §42; 2005 Acts, ch 112, §18
Referred to in § 252B.3, 252B.14, 598.22
598.22B INFORMATION REQUIRED IN ORDER OR JUDGMENT.
This section applies to all initial or modified orders for
paternity or support entered under this chapter, chapter 234, 252A,
252C, 252F, 252H, 252K, or 600B, or under any other chapter, and any
subsequent order to enforce such support orders.
1. All such orders or judgments shall direct each party to file
with the clerk of court or the child support recovery unit, as
appropriate, upon entry of the order, and to update as appropriate,
information on location and identity of the party, including social
security number, residential and mailing addresses, telephone number,
driver's license number, and name, address, and telephone number of
the party's employer. The order shall also include a provision that
the information filed will be disclosed and used pursuant to this
section. The party shall file the information with the clerk of
court, or, if all support payments are to be directed to the
collection services center as provided in section 252B.14, subsection
2, and section 252B.16, with the child support recovery unit.
2. All such orders or judgments shall include a statement that in
any subsequent child support action initiated by the child support
recovery unit or between the parties, upon sufficient showing that
diligent effort has been made to ascertain the location of such a
party, the unit or the court shall deem due process requirements for
notice and service of process to be met with respect to the party,
upon delivery of written notice to the most recent residential or
employer address filed with the clerk of court or unit pursuant to
subsection 1.
3. a. Information filed pursuant to subsection 1 shall not be a
public record.
b. Information filed with the clerk of court pursuant to
subsection 1 shall be available to the child support recovery unit,
upon request. Beginning October 1, 1998, information filed with the
clerk of court pursuant to subsection 1 shall be provided by the
clerk of court to the child support recovery unit pursuant to section
252B.24.
c. Information filed with the clerk of court shall be available,
upon request, to a party unless the party filing the information also
files an affidavit alleging the party has reason to believe that
release of the information may result in physical or emotional harm
to the affiant or child. However, even if an affidavit has been
filed, any information provided by the clerk of court to the child
support recovery unit shall be disclosed by the unit as provided in
section 252B.9.
d. Information provided to the unit shall only be disclosed as
provided in section 252B.9.
97 Acts, ch 175, §195; 98 Acts, ch 1170, §16
Referred to in § 252B.24, 252F.4
598.22C CHILD SUPPORT -- SOCIAL SECURITY DISABILITY DEPENDENT
BENEFITS.
If dependent benefits are paid for a child as a result of
disability benefits awarded to the child's parent under the federal
Social Security Act, all of the following shall apply:
1. Unless the court otherwise provides, dependent benefits paid
to the child support obligee as a result of disability benefits
awarded to the child support obligor fully satisfy and substitute for
the support obligations for the same period of time for which the
benefits are awarded.
2. For the purposes of calculating a support obligation under
section 598.21B, the dependent benefits paid for any child shall be
included as income to the disabled parent.
3. a. Any order or judgment for support for a child for whom
social security disability benefits are paid to the child support
obligee as a result of disability benefits awarded to the child
support obligor shall include all of the following:
(1) The dollar amount of the child support obligation as
calculated by application of the guidelines under section 598.21B,
and a statement that the social security dependent benefits are
included as income to the obligor in that calculation.
(2) The dollar amount of the social security dependent benefits
paid to the obligee which shall be dollar-for-dollar satisfaction of
the obligor's child support obligation.
(3) The dollar amount, if any, the obligor shall pay after
application of the social security dependent benefits as a credit to
or dollar-for-dollar satisfaction of the child support obligation.
b. The amount of the child support obligation stated in the
order, and the amount the obligor shall pay after application of the
social security disability dependent benefit credit or satisfaction
stated in the order, shall continue until modified, as provided in
section 598.21C.
4. The amount of any child support obligation satisfied under
this section based upon the receipt of dependent benefits paid to the
child support obligee as a result of disability benefits awarded to
the child support obligor shall not be considered delinquent.
2002 Acts, ch 1018, §19; 2005 Acts, ch 69, §47--49
Referred to in § 252H.3, 252H.8, 252H.9, 252H.16, 252H.22,
598.21B, 598.22
598.22D SEPARATE FUND OR CONSERVATORSHIP FOR SUPPORT.
The court may protect and promote the best interests of a minor
child by setting aside a portion of the child support which either
party is ordered to pay in a separate fund or conservatorship for the
support, education, and welfare of the child.
2005 Acts, ch 69, §50
598.23 CONTEMPT PROCEEDINGS -- ALTERNATIVES TO JAIL SENTENCE.
1. If a person against whom a temporary order or final decree has
been entered willfully disobeys the order or decree, the person may
be cited and punished by the court for contempt and be committed to
the county jail for a period of time not to exceed thirty days for
each offense.
2. The court may, as an alternative to punishment for contempt,
make an order which, according to the subject matter of the order or
decree involved, does the following:
a. Withholds income under the terms and conditions of chapter
252D.
b. Modifies visitation to compensate for lost visitation time or
establishes joint custody for the child or transfers custody.
c. Directs the parties to provide contact with the child through
a neutral party or neutral site or center.
d. Imposes sanctions or specific requirements or orders the
parties to participate in mediation to enforce the joint custody
provisions of the decree.
[C24, 27, 31, 35, 39, § 10482; C46, 50, 54, 58, 62, 66, § 598.15;
C71, 73, 75, 77, 79, 81, § 598.23]
84 Acts, ch 1133, § 1; 85 Acts, ch 67, §56; 85 Acts, ch 178, §9;
88 Acts, ch 1218, §9; 97 Acts, ch 175, §196, 197
Referred to in § 96.3, 234.39, 598.22, 598.23A, 642.21
Pilot program to provide employment and support services to
delinquent child support obligors as an alternative to commitment to
jail; 2005 Acts, ch 175, §5
598.23A CONTEMPT PROCEEDINGS FOR PROVISIONS OF SUPPORT PAYMENTS
-- ACTIVITY GOVERNED BY A LICENSE.
1. If a person against whom an order or decree for support has
been entered pursuant to this chapter or chapter 234, 252A, 252C,
252F, 600B, or any other support chapter, or a comparable chapter of
a foreign jurisdiction, fails to make payments or provide medical
support pursuant to that order or decree, the person may be cited and
punished by the court for contempt under section 598.23 or this
section. Failure to comply with a seek employment order entered
pursuant to section 252B.21 is evidence of willful failure to pay
support.
2. If a person is cited for contempt, the court may do any of the
following:
a. Require the posting of a cash bond, within seven calendar
days, in an amount equivalent to the current arrearages and an
additional amount which is equivalent to at least twelve months of
future support obligations. If the arrearages are not paid within
three months of the hearing, the bond shall be automatically
forfeited to cover payment of the full portion of the arrearages and
the portion of the bond representing future support obligations shall
be automatically forfeited to cover future support payments as
payments become due.
b. (1) Require the performance of community service work of up to
twenty hours per week for six weeks for each finding of contempt.
The contemnor may, at any time during the six- week period, apply to
the court to be released from the community service work requirement
under any of the following conditions:
(a) The contemnor provides proof to the court that the contemnor
is gainfully employed and submits to an order for income withholding
pursuant to chapter 252D or to a court- ordered wage assignment.
(b) The contemnor provides proof of payment of an amount equal to
at least six months' child support. The payment does not relieve the
contemnor's obligation for arrearages or future payments.
(c) The contemnor provides proof to the court that, subsequent to
entry of the order, the contemnor's circumstances have so changed
that the contemnor is no longer able to fulfill the terms of the
community service order.
(2) The contemnor shall keep a record of and provide the
following information to the court at the court's request, or to the
child support recovery unit established pursuant to chapter 252B, at
the unit's request, when the unit is providing enforcement services
pursuant to chapter 252B:
(a) The duties performed as community service during each week
that the contemnor is subject to the community service requirements.
(b) The number of hours of community service performed during
each week that the contemnor is subject to the community service
requirements.
(c) The name, address, and telephone number of the person
supervising or arranging for the performance of the community
service.
(3) The performance of community service does not relieve the
contemnor of any unpaid accrued or accruing support obligation.
c. Enjoin the contemnor from engaging in the exercise of any
activity governed by a license.
(1) If the court determines that an extreme hardship will result
from the injunction, the court order may allow the contemnor to
engage in the exercise of the activity governed by the license,
subject to terms established by the court, which shall include, at a
minimum, that the contemnor enter into an agreement to satisfy all
obligations owing over a period of time satisfactory to the court.
(2) If the court order allows for the exercise of the activity
governed by a license pending satisfaction of an obligation over
time, and the contemnor fails to comply with the agreement, the
contemnor shall be provided an opportunity for hearing, within ten
days, to demonstrate why an order enjoining the contemnor from
engaging in the exercise of any activity governed by a license should
not be issued.
(3) The court order under this paragraph shall be vacated only
after verification is provided to the court that the contemnor has
satisfied all accrued obligations owing and that the contemnor has
satisfied all terms established by the court and when the person
entitled to receive support payments, or the child support recovery
unit when the unit is providing enforcement services pursuant to
chapter 252B, has been provided ten days' notice and an opportunity
to object.
(4) As used in this paragraph, "license" means any license or
renewal of a license, certification, or registration issued by an
agency to a person to conduct a trade or business, including but not
limited to a license to practice a profession or occupation or to
operate a commercial motor vehicle.
92 Acts, ch 1195, §510; 93 Acts, ch 79, §27--29; 94 Acts, ch 1101,
§9, 10
Referred to in § 85.59, 252B.21, 252J.2, 669.2, 815.11
598.24 COSTS IF PARTY IS IN DEFAULT OR CONTEMPT.
When an action for a modification, order to show cause, or
contempt of a dissolution, annulment, or separate maintenance decree
is brought on the grounds that a party to the decree is in default or
contempt of the decree, and the court determines that the party is in
default or contempt of the decree, the costs of the proceeding,
including reasonable attorney's fees, may be taxed against that
party.
[C71, 73, 75, 77, 79, 81, § 598.24]
84 Acts, ch 1133, § 2
598.25 TERMINATION OF JURISDICTION OF COURT GRANTING MARRIAGE
DISSOLUTION DECREE.
Whenever a proceeding is initiated in a court for adoption
involving the children of parents or guardians whose marriage has
been dissolved, or for modification of a judgment of alimony, child
support, or custody granted in an action for dissolution of marriage,
the following requirements must be met if such proceedings are
initiated in a court other than the court which granted the
dissolution decree.
1. The party initiating such proceedings must present to the
court the names and addresses of the parties to the dissolution
decree if known, as well as the name and place of the court which
granted the dissolution decree and the date of the decree.
2. The court in which the proceedings are initiated shall cause
notice of such proceedings to be served upon the parties to the
original action unless either or both parties are deceased.
Such court, or either of the parties to the dissolution decree,
may request that a copy of the transcript of the proceedings of the
court which granted the dissolution decree be made available for
consideration in the new proceedings.
[C71, 73, 75, 77, 79, 81, § 598.25]
598.26 RECORD -- IMPOUNDING -- VIOLATION INDICTABLE.
The record and evidence in each case of marriage dissolution shall
be kept pursuant to the following provisions:
1. Until a decree of dissolution has been entered, the record and
evidence shall be closed to all but the court, its officers, and the
child support recovery unit of the department of human services
pursuant to section 252B.9. However, the payment records of a
temporary support order, whether maintained by the clerk of the
district court or the department of human services, are public
records and may be released upon request. Payment records shall not
include address or location information. No other person shall
permit a copy of any of the testimony, or pleading, or the substance
thereof, to be made available to any person other than a party to the
action or a party's attorney. Nothing in this subsection shall be
construed to prohibit publication of the original notice as provided
by the rules of civil procedure.
2. The court shall, in the absence of objection by another party,
grant a motion by a party to require the sealing of an answer to an
interrogatory or of a financial statement filed pursuant to section
598.13. The court may in its discretion grant a motion by a party to
require the sealing of any other information which is part of the
record of the case except for court orders, decrees and any
judgments. If the court grants a motion to require the sealing of
information in the case, the sealed information shall not thereafter
be made available to any person other than a party to the action or a
party's attorney except upon order of the court for good cause shown.
3. If the action is dismissed, judgment for costs shall be
entered in the judgment docket and lien index. The clerk shall
maintain a separate docket for dissolution of marriage actions.
4. Violation of the provisions of this section shall be a serious
misdemeanor.
[C71, 73, 75, 77, 79, 81, § 598.26]
91 Acts, ch 177, §8; 98 Acts, ch 1170, §13
598.27 ONE-YEAR WAIT. Repealed by 76 Acts, ch 1228, § 10.
598.28 SEPARATE MAINTENANCE AND ANNULMENT.
A petition shall be filed in separate maintenance and annulment
actions as in actions for dissolution of marriage, and all applicable
provisions of this chapter in relation thereto shall apply to
separate maintenance and annulment actions.
[C73, § 2232; C97, § 3183; C24, 27, 31, 35, 39, § 10487; C46, 50,
54, 58, 62, 66, § 598.20; C71, 73, 75, 77, 79, 81, § 598.28]
598.29 ANNULLING ILLEGAL MARRIAGE -- CAUSES.
Marriage may be annulled for the following causes:
1. Where the marriage between the parties is prohibited by law.
2. Where either party was impotent at the time of marriage.
3. Where either party had a husband or wife living at the time of
the marriage, provided they have not, with a knowledge of such fact,
lived and cohabited together after the death or marriage dissolution
of the former spouse of such party.
4. Where either party was a ward under a guardianship and was
found by the court to lack the capacity to contract a valid marriage.
[C73, § 2231; C97, § 3182; C24, 27, 31, 35, 39, § 10486; C46, 50,
54, 58, 62, 66, § 598.19; C71, 73, 75, 77, 79, 81, § 598.29]
91 Acts, ch 93, §3
598.30 VALIDITY DETERMINED.
When the validity of a marriage is doubted, either party may file
a petition, and the court shall decree it annulled or affirmed
according to the proof.
[C73, § 2233; C97, § 3184; C24, 27, 31, 35, 39, § 10488; C46, 50,
54, 58, 62, 66, § 598.21; C71, 73, 75, 77, 79, 81, § 598.30]
598.31 CHILDREN -- LEGITIMACY.
Children born to the parties, or to the wife, in a marriage
relationship which may be terminated or annulled pursuant to the
provisions of this chapter shall be legitimate as to both parties,
unless the court shall decree otherwise according to the proof.
[C73, § 2234, 2235; C97, § 3185, 3186; C24, 27, 31, 35, 39, §
10489, 10490; C46, 50, 54, 58, 62, 66, § 598.22, 598.23; C71, 73, 75,
77, 79, 81, § 598.31]
598.32 ANNULMENT -- COMPENSATION.
In case either party entered into the contract of marriage in good
faith, supposing the other to be capable of contracting, and the
marriage is declared a nullity, such fact shall be entered in the
decree, and the court may decree such innocent party compensation as
in case of dissolution of marriage.
[C73, § 2236; C97, § 3187; C24, 27, 31, 35, 39, § 10491; C46, 50,
54, 58, 62, 66, § 598.24; C71, 73, 75, 77, 79, 81, § 598.32]
598.33 ORDER TO VACATE.
Notwithstanding section 561.15, the court may order either party
to vacate the homestead pending entry of a decree of dissolution upon
a showing that the other party or the children are in imminent danger
of physical harm if the order is not issued.
[C81, § 598.33]
598.34 RECIPIENTS OF PUBLIC ASSISTANCE -- ASSIGNMENT OF SUPPORT
PAYMENTS.
If public assistance is provided by the department of human
services to or on behalf of a dependent child or a dependent child's
caretaker, there is an assignment by operation of law to the
department of any and all rights in, title to, and interest in any
support obligation, payment, and arrearages owed to or for the child
or caretaker not to exceed the amount of public assistance paid for
or on behalf of the child or caretaker. The department shall
immediately notify the clerk of court by mail when such a child or
caretaker has been determined to be eligible for public assistance.
Upon notification by the department, the clerk of court shall make a
notation of the automatic assignment in the judgment docket and lien
index. The notation constitutes constructive notice of the
assignment. For public assistance approved and provided on or after
July 1, 1997, if the applicant for public assistance is a person
other than a parent of the child, the department shall send a notice
by regular mail to the last known addresses of the obligee and
obligor. The clerk of court shall forward support payments received
pursuant to section 598.22, to which the department is entitled, to
the department, which may secure support payments in default through
other proceedings.
The clerk shall furnish the department with copies of all orders
or decrees and temporary or domestic abuse orders addressing support
when the parties are receiving public assistance or services are
otherwise provided by the child support recovery unit pursuant to
chapter 252B. Unless otherwise specified in the order, an equal and
proportionate share of any child support awarded shall be presumed to
be payable on behalf of each child subject to the order or judgment
for purposes of an assignment under this section.
[C71, 73, 75, 77, 79, 81, § 598.34; 82 Acts, ch 1237, § 4]
83 Acts, ch 96, § 157, 159; 97 Acts, ch 175, §198
598.35 GRANDPARENT -- GREAT-GRANDPARENT -- VISITATION RIGHTS.
The grandparent or great-grandparent of a child may petition the
district court for grandchild or great-grandchild visitation rights
when any of the following circumstances occur:
1. The parents of the child are divorced.
2. A petition for dissolution of marriage has been filed by one
of the parents of the child.
3. The parent of the child, who is the child of the grandparent,
or who is the grandchild of the great- grandparent, has died.
4. The child has been placed in a foster home.
5. The parents of the child are divorced, and the parent who is
not the child of the grandparent or who is not the grandchild of the
great-grandparent has legal custody of the child, and the spouse of
the child's custodial parent has been issued a final adoption decree
pursuant to section 600.13.
6. The paternity of a child born out of wedlock is judicially
established and the grandparent of the child is the parent of the
mother or father of the child or the great-grandparent of the child
is the grandparent of the mother or father of the child and the
mother of the child has custody of the child, or the grandparent of a
child born out of wedlock is the parent of the mother or father of
the child or the great-grandparent of the child is the grandparent of
the mother or father of the child and custody has been awarded to the
father of the child.
7. A parent of the child unreasonably refuses to allow visitation
by the grandparent or great-grandparent or unreasonably restricts
visitation. This subsection applies to but is not limited in
application to a situation in which the parents of the child are
divorced and the parent who is the child of the grandparent or who is
the grandchild of the great-grandparent has legal custody of the
child.
A petition for grandchild or great-grandchild visitation rights
shall be granted only upon a finding that the visitation is in the
best interests of the child and that the grandparent or
great-grandparent had established a substantial relationship with the
child prior to the filing of the petition.
[C75, 77, 79, 81, § 598.35]
87 Acts, ch 159, §9; 96 Acts, ch 1041, § 1; 97 Acts, ch 118, §1;
98 Acts, ch 1104, §1
Referred to in § 600.11
598.36 ATTORNEY FEES IN PROCEEDING TO MODIFY ORDER OR DECREE.
In a proceeding for the modification of an order or decree under
this chapter the court may award attorney fees to the prevailing
party in an amount deemed reasonable by the court.
84 Acts, ch 1211, § 1
598.37 NAME CHANGE.
Either party to a marriage may request as a part of the decree of
dissolution or decree of annulment a change in the person's name to
either the name appearing on the person's birth certificate or to the
name the person had immediately prior to the marriage. If a party
requests a name change other than to the name appearing on the
person's birth certificate or to the name the person had immediately
prior to the marriage, the request shall be made under chapter 674.
88 Acts, ch 1142, §2
598.38 TO 598.40 Reserved.
598.41 CUSTODY OF CHILDREN.
1. a. The court may provide for joint custody of the child by the
parties. The court, insofar as is reasonable and in the best
interest of the child, shall order the custody award, including
liberal visitation rights where appropriate, which will assure the
child the opportunity for the maximum continuing physical and
emotional contact with both parents after the parents have separated
or dissolved the marriage, and which will encourage parents to share
the rights and responsibilities of raising the child unless direct
physical harm or significant emotional harm to the child, other
children, or a parent is likely to result from such contact with one
parent.
b. Notwithstanding paragraph "a", if the court finds that a
history of domestic abuse exists, a rebuttable presumption against
the awarding of joint custody exists.
c. The court shall consider the denial by one parent of the
child's opportunity for maximum continuing contact with the other
parent, without just cause, a significant factor in determining the
proper custody arrangement. Just cause may include a determination
by the court pursuant to subsection 3, paragraph "j", that a history
of domestic abuse exists between the parents.
d. If a history of domestic abuse exists as determined by a court
pursuant to subsection 3, paragraph "j", and if a parent who is a
victim of such domestic abuse relocates or is absent from the home
based upon the fear of or actual acts or threats of domestic abuse
perpetrated by the other parent, the court shall not consider the
relocation or absence of that parent as a factor against that parent
in the awarding of custody or visitation.
e. Unless otherwise ordered by the court in the custody decree,
both parents shall have legal access to information concerning the
child, including but not limited to medical, educational and law
enforcement records.
2. a. On the application of either parent, the court shall
consider granting joint custody in cases where the parents do not
agree to joint custody.
b. If the court does not grant joint custody under this
subsection, the court shall cite clear and convincing evidence,
pursuant to the factors in subsection 3, that joint custody is
unreasonable and not in the best interest of the child to the extent
that the legal custodial relationship between the child and a parent
should be severed.
c. A finding by the court that a history of domestic abuse
exists, as specified in subsection 3, paragraph "j", which is not
rebutted, shall outweigh consideration of any other factor specified
in subsection 3 in the determination of the awarding of custody under
this subsection.
d. Before ruling upon the joint custody petition in these cases,
unless the court determines that a history of domestic abuse exists
as specified in subsection 3, paragraph "j", or unless the court
determines that direct physical harm or significant emotional harm to
the child, other children, or a parent is likely to result, the court
may require the parties to participate in custody mediation to
determine whether joint custody is in the best interest of the child.
The court may require the child's participation in the mediation
insofar as the court determines the child's participation is
advisable.
e. The costs of custody mediation shall be paid in full or in
part by the parties and taxed as court costs.
3. In considering what custody arrangement under subsection 2 is
in the best interest of the minor child, the court shall consider the
following factors:
a. Whether each parent would be a suitable custodian for the
child.
b. Whether the psychological and emotional needs and development
of the child will suffer due to lack of active contact with and
attention from both parents.
c. Whether the parents can communicate with each other regarding
the child's needs.
d. Whether both parents have actively cared for the child before
and since the separation.
e. Whether each parent can support the other parent's
relationship with the child.
f. Whether the custody arrangement is in accord with the child's
wishes or whether the child has strong opposition, taking into
consideration the child's age and maturity.
g. Whether one or both the parents agree or are opposed to joint
custody.
h. The geographic proximity of the parents.
i. Whether the safety of the child, other children, or the other
parent will be jeopardized by the awarding of joint custody or by
unsupervised or unrestricted visitation.
j. Whether a history of domestic abuse, as defined in section
236.2, exists. In determining whether a history of domestic abuse
exists, the court's consideration shall include, but is not limited
to, commencement of an action pursuant to section 236.3, the issuance
of a protective order against the parent or the issuance of a court
order or consent agreement pursuant to section 236.5, the issuance of
an emergency order pursuant to section 236.6, the holding of a parent
in contempt pursuant to section 236.8, the response of a peace
officer to the scene of alleged domestic abuse or the arrest of a
parent following response to a report of alleged domestic abuse, or a
conviction for domestic abuse assault pursuant to section 708.2A.
4. Subsection 3 shall not apply when parents agree to joint
custody.
5. a. If joint legal custody is awarded to both parents, the
court may award joint physical care to both joint custodial parents
upon the request of either parent. Prior to ruling on the request
for the award of joint physical care, the court may require the
parents to submit, either individually or jointly, a proposed joint
physical care parenting plan. A proposed joint physical care
parenting plan shall address how the parents will make decisions
affecting the child, how the parents will provide a home for the
child, how the child's time will be divided between the parents and
how each parent will facilitate the child's time with the other
parent, arrangements in addition to court-ordered child support for
the child's expenses, how the parents will resolve major changes or
disagreements affecting the child including changes that arise due to
the child's age and developmental needs, and any other issues the
court may require. If the court denies the request for joint
physical care, the determination shall be accompanied by specific
findings of fact and conclusions of law that the awarding of joint
physical care is not in the best interest of the child.
b. If joint physical care is not awarded under paragraph "a", and
only one joint custodial parent is awarded physical care, the parent
responsible for providing physical care shall support the other
parent's relationship with the child. Physical care awarded to one
parent does not affect the other parent's rights and responsibilities
as a joint legal custodian of the child. Rights and responsibilities
as joint legal custodian of the child include, but are not limited
to, equal participation in decisions affecting the child's legal
status, medical care, education, extracurricular activities, and
religious instruction.
6. If the parties have more than one minor child, and the court
awards each party the physical custody of one or more of the
children, upon application by either party, and if it is reasonable
and in the best interest of the children, the court shall include a
provision in the custody order directing the parties to allow
visitation between the children in each party's custody.
7. When a parent awarded legal custody or physical care of a
child cannot act as custodian or caretaker because the parent has
died or has been judicially adjudged incompetent, the court shall
award legal custody including physical care of the child to the
surviving parent unless the court finds that such an award is not in
the child's best interest.
8. If an application for modification of a decree or a petition
for modification of an order is filed, based upon differences between
the parents regarding the custody arrangement established under the
decree or order, unless the court determines that a history of
domestic abuse exists as specified in subsection 3, paragraph "j", or
unless the court determines that direct physical harm or significant
emotional harm to the child, other children, or a parent is likely to
result, the court may require the parents to participate in mediation
to attempt to resolve the differences between the parents.
9. All orders relating to custody of a child are subject to
chapter 598B.
[82 Acts, ch 1250, § 2]
84 Acts, ch 1088, § 2, 3, 4, 5; 85 Acts, ch 67, § 57, 58; 86 Acts,
ch 1179, § 5, 6; 95 Acts, ch 182, § 22--24; 95 Acts, ch 183, § 2; 97
Acts, ch 175, §199, 200; 99 Acts, ch 115, §1; 2004 Acts, ch 1169, §1;
2005 Acts, ch 69, §51--53
Referred to in § 598.7, 598.21C, 598.41A, 598.41B, 600B.40,
600B.41A
598.41A VISITATION -- HISTORY OF CRIMES AGAINST A MINOR.
Notwithstanding section 598.41, the court shall consider in the
award of visitation rights to a parent of a child, the criminal
history of the parent if the parent has been convicted of a criminal
offense against a minor, a sexually violent offense against a minor,
or sexual exploitation of a minor. As used in this section,
"criminal offense against a minor", "sexually violent offense", and
"sexual exploitation" mean as defined in section 692A.1.
98 Acts, ch 1070, §2
598.41B VISITATION -- RESTRICTIONS -- MURDER OF PARENT.
1. Notwithstanding section 598.41, the court shall not do either
of the following:
a. Enforce an existing order awarding visitation rights to a
child's parent, which was obtained prior to that parent's conviction
for first degree murder in the murder of the child's other parent,
unless such enforcement is in the best interest of the child.
b. Award visitation rights to a child's parent who has been
convicted of murder in the first degree of the child's other parent,
unless the court finds that such visitation is in the best interest
of the child.
2. In determining whether visitation would be in the best
interest of the child pursuant to subsection 1, the court shall
consider all of the following:
a. The age and level of maturity of the child.
b. If the child is developmentally mature enough to provide
assent and whether the child does assent.
c. The recommendation of the child's custodian or legal guardian.
d. The recommendation of a child counselor or mental health
professional following evaluation of the child.
e. The recommendation of a guardian ad litem for the child if one
has been appointed to represent the child in the proceeding.
f. Any other information which the court deems to be relevant.
3. Until such time as an order regarding visitation rights under
subsection 1 is entered, the child of a parent who has been convicted
of murder in the first degree of the child's other parent shall not
visit the parent who has been convicted.
99 Acts, ch 38, §1
598.42 NOTICE OF CERTAIN ORDERS BY CLERK OF COURT.
The clerk of the district court shall provide notice and copies of
temporary or permanent protective orders and orders to vacate the
homestead entered pursuant to this chapter to the applicable law
enforcement agencies and the twenty-four hour dispatcher for the law
enforcement agencies, in the manner provided for protective orders
under section 236.5. The clerk shall provide notice and copies of
modifications or vacations of these orders in the same manner.
91 Acts, ch 218, § 20; 92 Acts, ch 1163, §107