Iowa Code 598.23A – Contempt proceedings for provisions of support payments — activity governed by a license
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Terms Used In Iowa Code 598.23A
- Child: includes child by adoption. See Iowa Code 4.1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
- week: means seven consecutive days. See Iowa Code 4.1
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 another state or foreign country as defined in chapter 252K, 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 § 598.23 or this section. Failure to comply with a seek employment order entered pursuant to § 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 child support services created in § 252B.2, at the request of child support services, when child support services 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
§598.23A, DISSOLUTION OF MARRIAGE AND DOMESTIC RELATIONS 2
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 another state or foreign country as defined in chapter 252K, 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 § 598.23 or this section. Failure to comply with a seek employment order entered pursuant to § 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 child support services created in § 252B.2, at the request of child support services, when child support services 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
§598.23A, DISSOLUTION OF MARRIAGE AND DOMESTIC RELATIONS 2
that the contemnor has satisfied all terms established by the court and when the person entitled to receive support payments, or child support services when child support services 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; 2015 Acts, ch 110,
§115; 2023 Acts, ch 19, §1240, 1241
Referred to in §85.59, 252B.21, 252J.2, 669.2, 815.11
Subsection 2, paragraph b, subparagraph (2), unnumbered paragraph 1 amended
Subsection 2, paragraph c, subparagraph (3) amended