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Text: SSB00139                          Text: SSB00141
Text: SSB00100 - SSB00199               Text: SSB Index
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Senate Study Bill 140

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 598.21, subsection 3, unnumbered
  1  2 paragraph 1, Code 1995, is amended to read as follows:
  1  3    Upon every judgment of annulment, dissolution, or separate
  1  4 maintenance, the court may grant an order requiring support
  1  5 payments to either party for a limited or indefinite length
  1  6 period of time not to exceed a period of time equal to one-
  1  7 half of the duration of the marriage, unless the parties
  1  8 otherwise agree, after considering all of the following:
  1  9    Sec. 2.  Section 598.21, Code 1995, is amended by adding
  1 10 the following new subsection:
  1 11    NEW SUBSECTION.  12.  The limitation under subsection 3 on
  1 12 the time period for the payment of support shall not apply
  1 13 where the period of marriage was thirty years or greater.
  1 14 However, in determining the duration and amount of any support
  1 15 payments, the court shall consider the factors contained in
  1 16 subsection 3.
  1 17    A party awarded support payments under subsection 3 has a
  1 18 continuing affirmative obligation to make a good faith effort
  1 19 to seek appropriate training, if necessary, and employment
  1 20 unless the court, after a hearing, specifically finds that it
  1 21 would be inequitable to require the party awarded support to
  1 22 do so due to any of the following:
  1 23    a.  The party is suffering from a severe and incapacitating
  1 24 mental or physical illness or disability.
  1 25    b.  The party's age.
  1 26    c.  The needs and general welfare requirements of any minor
  1 27 children.  
  1 28                           EXPLANATION
  1 29    This bill provides that support payments awarded to a party
  1 30 to a marriage upon dissolution are not to exceed a period of
  1 31 time equal to one-half of the time of the duration of the
  1 32 marriage unless the marriage was for a period of 30 years or
  1 33 greater, or unless the parties otherwise agree.
  1 34    A party awarded support payments has an obligation to make
  1 35 a good faith effort to seek appropriate training, if neces-
  2  1 sary, and employment unless the court finds it would be
  2  2 inequitable to require the party to do so due to a finding
  2  3 that the party is suffering from a severe and incapacitating
  2  4 mental or physical illness or disability, due to the party's
  2  5 age, or due to the needs and general welfare requirements of
  2  6 any minor children.  
  2  7 LSB 2140SC 76
  2  8 pf/jw/5
     

Text: SSB00139                          Text: SSB00141
Text: SSB00100 - SSB00199               Text: SSB Index
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