Iowa Code 598.10 – Temporary orders
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Iowa Code 598.10
- Child: includes child by adoption. See Iowa Code 4.1
- clerk: means clerk of the court in which the action or proceeding is brought or is pending; and the words "clerk's office" mean the office of that clerk. See Iowa Code 4.1
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
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 a guardian ad litem appointed under § 598.12 or an attorney appointed under § 598.12A 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; 2017 Acts, ch 43, §1
Referred to in §598.11, 598.22
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 a guardian ad litem appointed under § 598.12 or an attorney appointed under § 598.12A 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; 2017 Acts, ch 43, §1
Referred to in §598.11, 598.22