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Terms Used In Iowa Code 710A.4

  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Child: includes child by adoption. See Iowa Code 4.1
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
710A.4 Restitution — restorative expenses.
1. For purposes of this section, “”restorative expenses”” means the projected costs of education, vocational training, medical health, mental health, transportation, housing, child care, or other projected costs that will aid in a victim’s recovery.
2. The gross income of a defendant or the value of labor or services performed by a victim of the defendant shall be considered when determining restitution pursuant to chapter 910. For purposes of this section, restitution may include restorative expenses for a period not to exceed three years as approved and ordered by the court.
3. A defendant’s ability to pay shall not be a factor in the court’s decision to order restorative expenses.
4. A defendant’s obligation to pay court-ordered restorative expenses shall not be dischargeable in any proceeding under the federal Bankruptcy Act of 1898, as amended.
2006 Acts, ch 1074, §5; 2021 Acts, ch 123, §10