Text: SSB02246 Text: SSB02248 Text: SSB02200 - SSB02299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 252B.1, subsection 5, Code 1995, is 1 2 amended to read as follows: 1 3 5. "Obligor" means the person legally responsible for the 1 4 support of a child as defined in section598.1598.1A under a 1 5 support order issued in this state or a foreign jurisdiction. 1 6 Sec. 2. Section 252B.13A, Code 1995, is amended to read as 1 7 follows: 1 8 252B.13A COLLECTION SERVICES CENTER. 1 9 The department shall establish within the unit a collection 1 10 services center for the receipt and disbursement of support 1 11 payments as defined in section598.1598.1A as required for 1 12 orders by section 252B.14. For purposes of this section, 1 13 support payments do not include attorney fees, court costs, or 1 14 property settlements. 1 15 Sec. 3. Section 252B.14, subsection 1, Code 1995, is 1 16 amended to read as follows: 1 17 1. For the purposes of this section, "support order" 1 18 includes any order entered pursuant to chapter 234, 252A, 1 19 252C, 598, 600B, or any other support chapter or proceeding 1 20 which establishes support payments as defined in section598.11 21 598.1A. 1 22 Sec. 4. Section 598.1, Code 1995, is amended by striking 1 23 the section and inserting in lieu thereof the following: 1 24 598.1 LEGISLATIVE FINDINGS AND INTENT. 1 25 The general assembly of the state of Iowa finds that the 1 26 family is the unit of self-government best able to teach and 1 27 practice the virtues that benefit not only the members of the 1 28 family, but also all citizens of this state and of this 1 29 country. The general assembly further finds that the 1 30 institution of marriage embodies virtues which promote 1 31 societal stability, including loyalty, commitment, trust, 1 32 mutual support, faithfulness, self-sacrifice, adherence to 1 33 duty, hope, and love, and that as a social institution, 1 34 marriage is basic to morality and civilization. The general 1 35 assembly also finds that the integrity and permanence of the 2 1 marriage relationship is of vital importance to the welfare of 2 2 society and of the people of the state of Iowa. 2 3 The general assembly finds that the failure to apply and 2 4 enforce the provisions of civil contracts of marriage has 2 5 imposed vast social, financial, and human costs upon all 2 6 Iowans. The increases in crime rates and disrespect for 2 7 authority derive in large part from the breakdown of authority 2 8 within the family unit which, in turn, is a result of divorce 2 9 and births outside of wedlock and the separation of parents 2 10 from their children. Police, courts, schools, social 2 11 agencies, state government, and private volunteer groups can 2 12 provide, at best, only secondary assistance in child rearing 2 13 or the regulation of human relationships and then only at 2 14 increasingly prohibitive costs. 2 15 Consequently, the general assembly concludes that the 2 16 institution of marriage requires strengthening, by enforcement 2 17 of its obligations, through legal recognition of the 2 18 permanence of the relationship, and by application of 2 19 sanctions against those who would violate the contract of 2 20 marriage. The general assembly further concludes that, as a 2 21 matter of state policy and legal presumption, the laws of this 2 22 state should be construed to strongly support the formation, 2 23 existence, continuation, and permanency of marital 2 24 relationships, and should be construed to discourage the 2 25 dissolution, infringement, or inhibition of marriages. 2 26 It is therefore the intent of the general assembly that 2 27 this chapter be construed to effectuate the following 2 28 purposes: 2 29 1. To promote the best interests of children by assuring 2 30 that as many children as possible are under the direct care, 2 31 parental supervision, and custody of both a mother and a 2 32 father. 2 33 2. To promote the best interests of Iowa taxpayers and 2 34 citizens, by reducing the burden of social and human costs 2 35 generated by the breaking up of families and homes which 3 1 results from no-fault divorce. 3 2 3. To promote the best interests of men and women, both as 3 3 individuals owing legal and moral duties to one another and as 3 4 participants in the institution of marriage, by furthering 3 5 policies which support the marital institution and discourage 3 6 divorces. 3 7 Sec. 5. NEW SECTION. 598.1A DEFINITIONS. 3 8 As used in this chapter, unless the context otherwise 3 9 requires: 3 10 1. "Adultery" means the voluntary commission of one or 3 11 more sex acts, as defined under section 702.17, by a married 3 12 person with another person who is not the person's spouse. 3 13 2. a. "Best interest of the child" means those highest 3 14 concerns, advantages, and benefits which are necessary for a 3 15 child's daily existence, well-being, and growth. These best 3 16 interests affect a child's entire person and include the 3 17 comforts wealth may bring, but they refer most particularly to 3 18 the moral welfare of the child. Best interests of a child are 3 19 exemplified by, but are not limited to: 3 20 (1) Providing the child with daily care and nurturing and 3 21 with basic material necessities including food, clothing, 3 22 shelter, and medical treatment. 3 23 (2) Providing the child with regular physical contact 3 24 with, and emotional support from, both parents. 3 25 (3) Providing the child with regular and consistent 3 26 training by both word and example, in basic social and moral 3 27 standards of good behavior, public decency, self-reliance, 3 28 citizenship, and personal duty. 3 29 (4) Exercising reasonable and consistent supervision, 3 30 discipline, and control over the child. 3 31 b. "Best interest of the child" does not include any of 3 32 the following: 3 33 (1) Any physical or emotional contact that may result in 3 34 direct physical or emotional harm to the child. Such contact 3 35 includes any domestic violence within the family or household 4 1 to which the child is exposed. 4 2 (2) The mere prospect that the child may have an easier or 4 3 more luxurious life with one parent relative to life with the 4 4 other parent. 4 5 c. The inability or unwillingness of a parent to provide 4 6 the opportunities specified under paragraph "a" shall be 4 7 considered harmful to the best interest of the child. 4 8 3. "Desertion" means any of the following: 4 9 a. The willful and continuous absence of a party to a 4 10 marriage from the marital home, without reasonable cause, for 4 11 the period of two years or more, together with the failure to 4 12 provide monetary or in-kind support, without the consent of 4 13 the other party to the marriage. This may include criminal 4 14 incarceration. 4 15 b. The willful failure of a party to a marriage to provide 4 16 monetary or in-kind support for the other party to and any 4 17 children of the marriage for the period of one year while 4 18 claiming residence in the marital home and which failure 4 19 occurs without the consent of the other party. 4 20 c. The willful and deliberately cruel treatment of a party 4 21 to the marriage by the other party to the marriage which 4 22 consistently occurs over a period of six months, which 4 23 treatment places the party in clear and present danger of 4 24 physical injury or harm and which treatment occurs without the 4 25 consent of the other party. 4 26 4. "Divorce" means the dissolving of a marriage 4 27 relationship by an order or decree of a court of competent 4 28 jurisdiction and is synonymous with the term "dissolution of 4 29 marriage". 4 30 5. "Family" means the social unit comprising a husband, 4 31 wife, and any dependent children, including stepchildren and 4 32 adoptive children. 4 33 6. "Fault" means an act or acts which constitute adultery, 4 34 desertion, abuse, or habitual use or abuse of alcohol or a 4 35 controlled substance as provided in section 598.5. 5 1 7. "Household" means the social unit comprising an 5 2 individual or individuals exercising legal authority together 5 3 with others related by consanguinity or affinity, living 5 4 together in the same home under authority of a designated 5 5 head. 5 6 8. "Joint custody" or "joint legal custody" means an award 5 7 of custody of a minor child to both parents under which both 5 8 parents have rights and responsibilities toward the child and 5 9 under which neither parent has rights superior to those of the 5 10 other parent. The court may award physical care to one parent 5 11 only. 5 12 9. "Legitimate objects of matrimony" means fundamental 5 13 reasons and purposes for entering and continuing in a marriage 5 14 relationship, including, but not limited to, the following: 5 15 a. Procreation and the raising of children. 5 16 b. Protection of the other spouse and any children from 5 17 harm. 5 18 c. Providing for the needs of the other spouse and any 5 19 children. 5 20 d. Establishment of a marital home. 5 21 e. The advancement of the best interests of both spouses 5 22 and any children. 5 23 f. Love, companionship, comfort, physical care and 5 24 assistance, and other forms of consortium between the spouses 5 25 and any children. 5 26 g. Sexual relations between spouses. 5 27 10. "Marital home" means the residence established by a 5 28 husband and wife which is, or is intended to be, the residence 5 29 for both spouses and any children of the marriage. 5 30 11. "Marriage" is the legal relationship between a man and 5 31 a woman and excluding all others, which is established by a 5 32 civil contract between them as a voluntary social, legal, 5 33 physical, familial, and economic unit for life, for the 5 34 discharge of the duties imposed by the marriage contract and 5 35 for the joint pursuit of the legitimate objects of matrimony. 6 1 12. "Minor child" means any person under legal age. 6 2 13. "Physical care" means the right and responsibility to 6 3 maintain the principal home of the minor child and provide for 6 4 the routine care of the child. 6 5 14. "Residence" means a fixed or permanent abode in which 6 6 a person lives and to which the person, after being absent, 6 7 returns or intends to return. 6 8 15. "Separate maintenance" means an allowance granted to 6 9 one spouse for support during the period in which the spouses 6 10 are living apart, in separate households. 6 11 16. "Support" means the duty owed by a spouse to another, 6 12 or by a parent to a child, to advance the general welfare of 6 13 the support recipient and includes, but is not limited to, 6 14 provision of food, clothing, shelter, and other necessaries of 6 15 life. Support may be fixed by court order in the form of 6 16 periodic cash support payments. The obligations may include 6 17 support for a child who is between the ages of eighteen and 6 18 twenty-two years who is regularly attending an accredited 6 19 school in pursuance of a course of study leading to a high 6 20 school diploma or its equivalent, or regularly attending a 6 21 course of vocational-technical training either as a part of a 6 22 regular school program or under special arrangements adapted 6 23 to the individual person's needs; or is, in good faith, a 6 24 full-time student in a college, university, or community 6 25 college; or has been accepted for admission to a college, 6 26 university, or community college and the next regular term has 6 27 not yet begun; or a child of any age who is dependent on the 6 28 parties to the divorce proceedings because of physical or 6 29 mental disability. 6 30 17. "Support payments" means an amount which the court may 6 31 require either of the parties to pay under a temporary order 6 32 or a final judgment or decree, and may include alimony, child 6 33 support, maintenance, medical payments, and any other term 6 34 used to describe these support obligations. 6 35 Sec. 6. Section 598.3, Code 1995, is amended to read as 7 1 follows: 7 2 598.3 KIND OF ACTION – JOINDER. 7 3 An action fordissolution of marriagedivorce shall be by 7 4 equitable proceedings, and no cause of action, save for 7 5 alimony, shall be joinedtherewithwith the action.Such7 6actions shall not be subject to counterclaim or cross petition7 7by the respondent. After the appearance of the respondent, no7 8dismissal of the cause of action shall be allowed unless both7 9the petitioner and the respondent sign the dismissal.7 10 Sec. 7. Section 598.5, subsections 5 and 7, Code 1995, are 7 11 amended to read as follows: 7 12 5. State whether or not a separate action fordissolution7 13of marriagedivorce has been commenced by the respondent and 7 14 whether such action is pending in any court in this state or 7 15 elsewhere. 7 16 7.Allege that there has been a breakdown of the marriage7 17relationship to the extent that the legitimate objects of7 18matrimony have been destroyed and there remains no reasonable7 19likelihood that the marriage can be preserved.Be verified by 7 20 the petitioner and shall allege one or more of the following: 7 21 a. If both parties mutually agree to the divorce, that 7 22 there has been a breakdown of the marriage relationship to the 7 23 extent that the legitimate objects of matrimony have been 7 24 destroyed and there is no reasonable likelihood that the 7 25 marriage can be preserved. 7 26 b. If a party objects to the divorce and at least one of 7 27 the following applies: 7 28 (1) The respondent has committed adultery subsequent to 7 29 the date of the marriage in question and not in collusion with 7 30 the petitioner for the purposes of procuring a divorce. 7 31 (2) The respondent has deserted the petitioner which may 7 32 include incarceration of the respondent. 7 33 (3) That the petitioner or any child of the household is a 7 34 victim of domestic abuse as defined in section 236.2, child 7 35 abuse as defined in section 232.68, or any other physical or 8 1 emotional abuse. 8 2 (4) That the respondent habitually uses and abuses alcohol 8 3 or a controlled substance. 8 4 Sec. 8. Section 598.5, Code 1995, is amended by adding the 8 5 following new subsections: 8 6 NEW SUBSECTION. 11. Except where the respondent is a 8 7 resident of this state and is served by personal service, 8 8 state that the petitioner has been a resident of the state for 8 9 the last year, specifying the county in which the petitioner 8 10 has resided, and the length of the residence in the state 8 11 after deducting all absences from the state; and that the 8 12 maintenance of the residence has been in good faith and not 8 13 for the purpose of obtaining a divorce only. 8 14 NEW SUBSECTION. 12. Make any necessary averments as to 8 15 child custody required pursuant to section 598A.9. 8 16 Sec. 9. Section 598.5, subsections 6 and 7, Code 1995, are 8 17 amended by striking the subsections. 8 18 Sec. 10. Section 598.9, Code 1995, is amended to read as 8 19 follows: 8 20 598.9RESIDENCE –FAILURE OF PROOF. 8 21 If theaverments as to residenceallegations of the 8 22 petition, including the grounds for divorce, are not fully 8 23 proved by clear and convincing evidence, the hearing shall 8 24 proceed no further, and the action shall be dismissed by the 8 25 court. 8 26 Sec. 11. Section 598.11, Code 1995, is amended to read as 8 27 follows: 8 28 598.11 TEMPORARY ORDERS. 8 29 1. The court may order either party to pay the clerk a sum 8 30 of money for the separate support and maintenance of the other 8 31 party and the children and to enable such party to prosecute 8 32 or defend the action. The order may be made whether the 8 33 action is original or is a modification of a preexisting 8 34 divorce decree. The court may on its own motion and shall 8 35 upon application of either party or an attorney appointed 9 1 under section 598.12 determine the temporary custody of any 9 2 minor child whose welfare may be affected by the filing of the 9 3 petition fordissolutiondivorce. 9 4 2. The court may make such an order when a claim for 9 5 temporary support is made by the petitioner in the petition, 9 6 or upon application of either party, after service of the 9 7 original notice and when no application is made in the 9 8 petition; however, no such order shall be entered until at 9 9 least five days' notice of hearing, and opportunity to be 9 10 heard, is given the other party.Appearance by an attorney or9 11the respondent for such hearing shall be deemed a special9 12appearance for the purpose of such hearing only and not a9 13general appearance.An order entered pursuant to this section 9 14 shall contain the names, birth dates, addresses, and counties 9 15 of residence of the petitioner and respondent. 9 16 3. In making temporary orders, the court shall take into 9 17 consideration the age of the applicant, the physical and 9 18 pecuniary condition of the parties, and other matters as are 9 19 pertinent, which may be shown by affidavits, as the court may 9 20 direct. 9 21 4. After notice and hearing, subsequent changes in 9 22 temporary orders may be made by the court on application of 9 23 either party demonstrating a substantial change in the 9 24 circumstances occurring subsequent to the issuance of such 9 25 order. If the order is not so modified it shall continue in 9 26 force and effect until the action is dismissed or a divorce 9 27 decree is entered. 9 28 Sec. 12. Section 598.13, unnumbered paragraph 1, Code 9 29 1995, is amended to read as follows: 9 30 Both parties shall disclose their financial status. A 9 31 showing of special circumstances shall not be required before 9 32 the disclosure is ordered. A statement of net worth set forth 9 33 by affidavit on a form prescribed by the supreme court and 9 34 furnished without charge by the clerk of the district court 9 35 shall be filed by each party prior to thedissolutiondivorce 10 1 hearing. However, the parties may waive this requirement upon 10 2 application of both parties and approval by the court. 10 3 Sec. 13. Section 598.17, Code 1995, is amended to read as 10 4 follows: 10 5 598.17DISSOLUTION OF MARRIAGEDIVORCE – HEARINGS – 10 6 EVIDENCE. 10 7 1. Except as otherwise provided in subsection 4, hearings 10 8 for divorce shall be held in open court upon the oral 10 9 testimony of witnesses, or upon the depositions of such 10 10 witnesses taken as in other equitable actions or taken by a 10 11 commissioner appointed by the court. However, the court may 10 12 in its discretion close the hearing. Hearings held for the 10 13 purpose of determining child custody may be limited in 10 14 attendance by the court. Upon the request of either party, 10 15 the court may provide security in the courtroom during the 10 16 divorce or custody hearings if a history of domestic abuse 10 17 relating to either party exists. 10 18 2. A divorce decreedissolving the marriagemay be entered 10 19 when the court is satisfiedfrom theby clear and convincing 10 20 evidence presented that the parties mutually agree that there 10 21 has been a breakdown of the marriage relationship to the 10 22 extent that the legitimate objects of matrimony have been 10 23 destroyed and there remains no reasonable likelihood that the 10 24 marriage can be preserved or that the allegations of fault 10 25 raised in the petition or the response, or any counterclaims 10 26 to either the petition or the response have been established. 10 27The decree shall state that the dissolution is granted to the10 28parties, and shall not state that it is granted to only one10 29party.If the averments as to residence are not fully proved, 10 30 the hearing shall proceed no further, and the action shall be 10 31 dismissed by the court. All evidence offered by the 10 32 petitioner shall be corroborated. A divorce shall not be 10 33 granted on the testimony of either party alone, and a divorce 10 34 shall not be granted if the court reasonably believes the 10 35 parties have conspired to obtain a divorce, or that one or 11 1 more of the parties has committed perjury or any other 11 2 criminal act in order to obtain a divorce. 11 3If at the time of trial petitioner fails to present11 4satisfactory evidence that there has been a breakdown of the11 5marriage relationship to the extent that the legitimate11 6objects of matrimony have been destroyed and there remains no11 7reasonable likelihood that the marriage can be preserved, the11 8respondent may then proceed to present such evidence as though11 9the respondent had filed the original petition.11 10No marriage dissolution granted due to the mental illness11 11of one of the spouses shall relieve the other spouse of any11 12obligation imposed by law as a result of the marriage for the11 13support of the mentally ill spouse. The court may make an11 14order for such support or may waive the support obligation11 15when satisfied from the evidence that it would create an undue11 16hardship on the obliged spouse or that spouse's other11 17dependents.11 18 3. The decree shall state that the divorce is granted to 11 19 the parties, and shall not state that it is granted to only 11 20 one party. 11 21 4. Notwithstanding any other provision to the contrary, 11 22 the court may enter a divorce decree without a hearing under 11 23 either of the following circumstances: 11 24 a. All of the following circumstances have been met: 11 25 (1) The parties have certified in writing under oath that 11 26 there has been a breakdown of the marriage relationship to the 11 27 extent that the legitimate objects of matrimony have been 11 28 destroyed and there remains no reasonable likelihood that the 11 29 marriage can be preserved. 11 30 (2) All documents required by the court and by statute 11 31 have been filed. 11 32 (3) The parties have entered into a written agreement 11 33 settling all of the issues involved in the divorce. 11 34 (4) There are no children of the marriage for whom 11 35 support, as defined under section 598.1A, may be ordered. 12 1 b. The respondent has not entered an appearance or filed a 12 2 motion or pleading in the case, the waiting period provided 12 3 under section 598.19 has expired, and all of the following 12 4 circumstances have been met: 12 5 (1) The petitioner has certified in writing either that 12 6 fault exists or that there has been a breakdown of the 12 7 marriage relationship to the extent that the legitimate 12 8 objects of matrimony have been destroyed and there remains no 12 9 reasonable likelihood that the marriage can be preserved. 12 10 (2) All documents required by the court and by statute 12 11 have been filed. 12 12 (3) There are no children of the marriage for whom 12 13 support, as defined under section 598.1A, may be ordered. 12 14 Sec. 14. Section 598.18, Code 1995, is amended to read as 12 15 follows: 12 16 598.18 RECRIMINATIONNOT A BAR TO DISSOLUTION OF MARRIAGE. 12 17 If, upon the trial of an action fordissolution of marriage12 18 divorce, both of the parties are found to have committed an 12 19 act or acts which would support or justify a divorce decreeof12 20dissolution of marriage,such dissolutionthe divorce may be 12 21 decreed, and the acts of one party shall not automatically 12 22 negate the acts of the other,nor serve to bar the dissolution12 23decree in any waybut the court may consider the acts of 12 24 either party when determining whether a divorce should be 12 25 granted. 12 26 Sec. 15. Section 598.19, Code 1995, is amended to read as 12 27 follows: 12 28 598.19 WAITING PERIOD BEFORE DECREE. 12 29NoA divorce decreedissolving a marriageshall not be 12 30 granted in any proceeding before ninety days shall have 12 31 elapsed from the day the original notice is served, or from 12 32 the last day of publication of notice, or from the date that 12 33 waiver or acceptance of original notice is filed or until 12 34 after conciliation is completed, whichever period shall be 12 35 longer. However, the court may in its discretion, on written 13 1 motion supported by affidavit setting forth grounds of 13 2 emergency or necessity and facts which satisfy the court that 13 3 immediate action is warranted or required to protect the 13 4 substantive rights or interests of any party or person who 13 5 might be affected by the decree, hold a hearing and grant a 13 6 divorce decreedissolving the marriageprior to the expiration 13 7 of the applicable period, provided that requirements of notice 13 8 have been complied with. In such case the grounds of 13 9 emergency or necessity and the facts with respect thereto 13 10 shall be recited in the decree unless otherwise ordered by the 13 11 court. The court may enter an order finding the respondent in 13 12 default and waiving conciliation when the respondent has 13 13 failed to file an appearance within the time set forth in the 13 14 original notice. 13 15 Sec. 16. Section 598.20, Code 1995, is amended to read as 13 16 follows: 13 17 598.20 FORFEITURE OF MARITAL RIGHTS. 13 18 When adissolution of marriagedivorce is decreed the 13 19 parties shall forfeit all rights acquired by marriage which 13 20 are not specifically preserved in the decree. This provision 13 21 shall not obviate any of the provisions of section 598.21. 13 22 Sec. 17. Section 598.21, Code Supplement 1995, is amended 13 23 to read as follows: 13 24 598.21 ORDERS FOR DISPOSITION AND SUPPORT. 13 25 1. Upon every judgment of annulment,dissolutiondivorce 13 26 or separate maintenance the court shall divide the property of 13 27 the parties and transfer the title of the property 13 28 accordingly. The court may protect and promote the best 13 29 interests of children of the parties by setting aside a 13 30 portion of the property of the parties in a separate fund or 13 31 conservatorship for the support, maintenance, education and 13 32 general welfare of the minor children. The court shall divide 13 33 all property, except inherited property or gifts received by 13 34 one party, equitably between the parties after considering all 13 35 of the following: 14 1 a. The length of the marriage. 14 2 b. The property brought to the marriage by each party. 14 3 c. The contribution of each party to the marriage, giving 14 4 appropriate economic value to each party's contribution in 14 5 homemaking and child care services. 14 6 d. The age and physical and emotional health of the 14 7 parties. 14 8 e. The contribution by one party to the education, 14 9 training or increased earning power of the other. 14 10 f. The earning capacity of each party, including 14 11 educational background, training, employment skills, work 14 12 experience, length of absence from the job market, custodial 14 13 responsibilities for children and the time and expense 14 14 necessary to acquire sufficient education or training to 14 15 enable the party to become self-supporting at a standard of 14 16 living reasonably comparable to that enjoyed during the 14 17 marriage. 14 18g. The desirability of awarding the family home or the14 19right to live in the family home for a reasonable period to14 20the party having custody of the children, or if the parties14 21have joint legal custody, to the party having physical care of14 22the children.14 23h.g. The amount and duration of an order granting support 14 24 payments to either party pursuant to subsection 3 and whether 14 25 the property division should be in lieu of such payments. 14 26i.h. Other economic circumstances of each party, 14 27 including pension benefits, vested or unvested, and future 14 28 interests. 14 29j.i. The tax consequences to each party. 14 30k.j. Any written agreement made by the parties concerning 14 31 property distribution. 14 32l.k. The provisions of an antenuptial agreement. 14 33 l. The fault attributable to a party. 14 34 m. Other factors the court may determine to be relevant in 14 35 an individual case. 15 1 1A. The court shall award the family home or at a minimum 15 2 the right to live in the family home for a reasonable period 15 3 to the party having custody of the children, or if the parties 15 4 have joint legal custody, to the party having principal care 15 5 of the children, absent a showing that this award is not in 15 6 the best interests of the child. The award shall be 15 7 independent of the property awards entered pursuant to 15 8 subsection 1. 15 9 2. Property inherited by either party or gifts received by 15 10 either party prior to or during the course of the marriage is 15 11 the property of that party and is not subject to a property 15 12 division under this section except upon a finding that refusal 15 13 to divide the property is inequitable to the other party or to 15 14 the children of the marriage. 15 15 2A. The court shall reduce the share of property received 15 16 by a party found to be at fault by an amount deemed 15 17 appropriate under the specific circumstances but in no event 15 18 by less than twenty percent of the total value of marital 15 19 property. 15 20 3. Upon every judgment of annulment,dissolutiondivorce, 15 21 or separate maintenance, the court may grant an order 15 22 requiring support payments to either party for a limited or 15 23 indefinite length of time after considering all of the 15 24 following: 15 25 a. The length of the marriage. 15 26 b. The age and physical and emotional health of the 15 27 parties. 15 28 c. The distribution of property made pursuant to 15 29 subsection 1. 15 30 d. The educational level of each party at the time of 15 31 marriage and at the time the action is commenced. 15 32 e. The earning capacity of the party seeking maintenance, 15 33 including educational background, training, employment skills, 15 34 work experience, length of absence from the job market, 15 35 responsibilities for children under either an award of custody 16 1 or physical care, and the time and expense necessary to 16 2 acquire sufficient education or training to enable the party 16 3 to find appropriate employment. 16 4 f. The feasibility of the party seeking maintenance 16 5 becoming self-supporting at a standard of living reasonably 16 6 comparable to that enjoyed during the marriage, and the length 16 7 of time necessary to achieve this goal. 16 8 g. The tax consequences to each party. 16 9 h. Any mutual agreement made by the parties concerning 16 10 financial or service contributions by one party with the 16 11 expectation of future reciprocation or compensation by the 16 12 other party. 16 13 i. The provisions of an antenuptial agreement. 16 14 j. The fault attributable to a party. 16 15j.k. Other factors the court may determine to be relevant 16 16 in an individual case. 16 17 3A. The court shall not grant support payments to any 16 18 party found to be at fault. The court may grant support to 16 19 the party not found to be at fault as the court deems 16 20 appropriate as compensation for breach of the marital 16 21 contract, and the support amount shall enable the party to 16 22 maintain to the extent possible the standard of living enjoyed 16 23 during the marriage. 16 24 4. The supreme court shall maintain uniform child support 16 25 guidelines and criteria and review the guidelines and criteria 16 26 at least once every four years, pursuant to the federal Family 16 27 Support Act of 1988, Pub. L. No. 100-485. The initial review 16 28 shall be performed within four years of October 12, 1989, and 16 29 subsequently within the four-year period of the most recent 16 30 review. It is the intent of the general assembly that, to the 16 31 extent possible within the requirements of federal law, the 16 32 court and the child support recovery unit consider the 16 33 individual facts of each judgment or case in the application 16 34 of the guidelines and determine the support obligation, ac- 16 35 cordingly. It is also the intent of the general assembly that 17 1 in the supreme court's review of the guidelines, the supreme 17 2 court shall do both of the following: emphasize the ability 17 3 of a court to apply the guidelines in a just and appropriate 17 4 manner based upon the individual facts of a judgment or case; 17 5 and in determining monthly child support payments, consider 17 6 other children for whom either parent is legally responsible 17 7 for support and other child support obligations actually paid 17 8 by either party pursuant to a court or administrative order. 17 9 The general assembly finds that the child support 17 10 guidelines provide an initial basis for calculating the amount 17 11 of child support presumed to be generally applicable. The 17 12 district court may establish child support in an amount which 17 13 the district court deems appropriate in a particular case. If 17 14 the district court varies from the guidelines, the district 17 15 court shall include in its order a record or written finding, 17 16 based on stated reasons, that the guidelines would be unjust 17 17 or inappropriate as determined by criteria prescribed by the 17 18 supreme court. An amount established by the district court 17 19 shall not be reversed or modified on appeal based upon a 17 20 variance from the guidelines, unless there is a clear 17 21 demonstration of abuse of discretion. 17 22 a. Upon every judgment of annulment,dissolutiondivorce, 17 23 or separate maintenance, the court may order either parent or 17 24 both parents topaymake support payments in an amount 17 25 reasonable and necessary for supporting a child. In 17 26 establishing the amount of support, consideration shall be 17 27 given to the responsibility of both parents to support and 17 28 provide for the welfare of the minor child and of a child's 17 29 need, whenever practicable, for a close relationship with both 17 30 parents.There shall be a rebuttable presumption that the17 31amount of child support which would result from the17 32application of the guidelines prescribed by the supreme court17 33is the correct amount of child support to be awarded. A17 34variation from the guidelines shall not be considered by a17 35court without a record or written finding, based on stated18 1reasons, that the guidelines would be unjust or inappropriate18 2as determined under the criteria prescribed by the supreme18 3court.18 4 The court shall order as child medical support a health 18 5 benefit plan as defined in chapter 252E if available to either 18 6 parent at a reasonable cost. A health benefit plan is 18 7 considered reasonable in cost if it is employment-related or 18 8 other group health insurance, regardless of the service 18 9 delivery mechanism. The premium cost of the health benefit 18 10 plan may be considered by the court as a reason for varying 18 11 from the child support guidelines. If a health benefit plan 18 12 is not available at a reasonable cost, the court may order any 18 13 other provisions for medical support as defined in chapter 18 14 252E. 18 15 b. The guidelines prescribed by the supreme court shall be 18 16 used by the department of human services in determining child 18 17 support payments under sections 252C.2 and 252C.4. A 18 18 variation from the guidelines shall not be considered by the 18 19 department without a record or written finding, based on 18 20 stated reasons, that the guidelines would be unjust or 18 21 inappropriate as determined under criteria prescribed by the 18 22 supreme court. 18 23 c. The guidelines prescribed by the supreme court shall 18 24 incorporate provisions for medical support as defined in 18 25 chapter 252Eto be effective on or before January 1, 1991. 18 26 d. For purposes of calculating a support obligation under 18 27 this section, the income of the parent from whom support is 18 28 sought shall be used as the noncustodial parent income for 18 29 purposes of application of the guidelines, regardless of the 18 30 legal custody of the child. 18 31 e. Unless the special circumstances of the case justify a 18 32 deviation, the court or the child support recovery unit shall 18 33 establish a monthly child support payment of twenty-five 18 34 dollars for a parent who is nineteen years of age or younger, 18 35 who has not received a high school or high school equivalency 19 1 diploma, and to whom each of the following apply: 19 2 (1) The parent is attending a school or program described 19 3 as follows or has been identified as one of the following: 19 4 (a) The parent is in full-time attendance at an accredited 19 5 school and is pursuing a course of study leading to a high 19 6 school diploma. 19 7 (b) The parent is attending an instructional program 19 8 leading to a high school equivalency diploma. 19 9 (c) The parent is attending a vocational education program 19 10 approved pursuant to chapter 258. 19 11 (d) The parent has been identified by the director of 19 12 special education of the area education agency as a child 19 13 requiring special education as defined in section 256B.2. 19 14 (2) The parent provides proof of compliance with the 19 15 requirements of subparagraph (1) to the child support recovery 19 16 unit, if the unit is providing services under chapter 252B, or 19 17 if the unit is not providing services pursuant to chapter 19 18 252B, to the court as the court may direct. 19 19 Failure to provide proof of compliance under this 19 20 subparagraph is grounds for modification of the support order 19 21 using the uniform child support guidelines and imputing an 19 22 income to the parent equal to a forty-hour work week at the 19 23 state minimum wage, unless the parent's education, experience, 19 24 or actual earnings justify a higher income. 19 25 4A. If, during an action initiated under this chapter or 19 26 any other chapter in which a child or medical support 19 27 obligation may be established based upon a prior determination 19 28 of paternity, a party wishes to contest the paternity of the 19 29 child or children involved, all of the following apply: 19 30 a. (1) If the prior determination of paternity is based 19 31 on an affidavit of paternity filed pursuant to section 19 32 252A.3A, or a court or administrative order entered in this 19 33 state, or by operation of law when the mother and established 19 34 father are or were married to each other, the provisions of 19 35 section 600B.41A apply. 20 1 (2) If following the proceedings under section 600B.41A 20 2 the court determines that the prior determination of paternity 20 3 should not be overcome, and that the established father has a 20 4 duty to provide support, the court shall enter an order 20 5 establishing the monthly child support payment and the amount 20 6 of the support debt accrued and accruing pursuant to 20 7 subsection 4, or the medical support obligation pursuant to 20 8 chapter 252E, or both. 20 9 b. If a determination of paternity is based on an 20 10 administrative or court order or other means pursuant to the 20 11 laws of a foreign jurisdiction, any action to overcome the 20 12 prior determination of paternity shall be filed in that 20 13 jurisdiction. Unless a stay of the action initiated in this 20 14 state to establish child or medical support is requested and 20 15 granted by the court, pending a resolution of the contested 20 16 paternity issue by the foreign jurisdiction, the action shall 20 17 proceed. 20 18 c. Notwithstanding paragraph "a", in a pendingdissolution20 19 divorce action under this chapter, a prior determination of 20 20 paternity by operation of law through the marriage of the 20 21 established father and mother of the child may be overcome 20 22 under this chapter if the following conditions are met: 20 23 (1) The established father and mother of the child file a 20 24 written statement with the court that both parties agree that 20 25 the established father is not the biological father of the 20 26 child. 20 27 (2) The court finds that it is in the best interest of the 20 28 child to overcome the established paternity. In determining 20 29 the best interest of the child, the court shall consider the 20 30 criteria provided in section 600B.41A, subsection 3, paragraph 20 31 "g". 20 32 If the court overcomes a prior determination of paternity, 20 33 the previously established father shall be relieved of support 20 34 obligations as specified in section 600B.41A, subsection 4. 20 35 In any action to overcome paternity other than through a 21 1 pendingdissolutiondivorce action, the provisions of section 21 2 600B.41A apply. Overcoming paternity under this paragraph 21 3 does not bar subsequent actions to establish paternity if it 21 4 is subsequently determined that the written statement 21 5 attesting that the established father is not the biological 21 6 father of the child may have been submitted erroneously, and 21 7 that the person previously determined not to be the child's 21 8 father during thedissolutiondivorce action may actually be 21 9 the child's biological father. 21 10 4B. If an action to overcome paternity is brought pursuant 21 11 to subsection 4A, paragraph "c", the court shall appoint a 21 12 guardian ad litem for the child for the pendency of the 21 13 proceedings. 21 14 5. The court may protect and promote the best interests of 21 15 a minor child by setting aside a portion of the child support 21 16 which either party is ordered to pay in a separate fund or 21 17 conservatorship for the support, education and welfare of the 21 18 child. 21 19 6. The court may provide for joint custody of the children 21 20 by the parties pursuant to section 598.41. All orders 21 21 relating to custody of a child are subject to chapter 598A. 21 22 7. Orders made pursuant to this section need mention only 21 23 those factors relevant to the particular case for which the 21 24 orders are made but shall contain the names, birth dates, 21 25 addresses, and counties of residence of the petitioner and 21 26 respondent. 21 27 8. The court may subsequently modify orders made under 21 28 this section when there is a substantial change in 21 29 circumstances. In determining whether there is a substantial 21 30 change in circumstances, the court shall consider the 21 31 following: 21 32 a. Changes in the employment, earning capacity, income or 21 33 resources of a party. 21 34 b. Receipt by a party of an inheritance, pension or other 21 35 gift. 22 1 c. Changes in the medical expenses of a party. 22 2 d. Changes in the number or needs of dependents of a 22 3 party. 22 4 e. Changes in the physical, mental, or emotional health of 22 5 a party. 22 6 f. Changes in the residence of a party. 22 7 g. Remarriage of a party. 22 8 h. Possible support of a party by another person. 22 9 i. Changes in the physical, emotional or educational needs 22 10 of a child whose support is governed by the order. 22 11 j. Contempt by a party of existing orders of court. 22 12 k. Other factors the court determines to be relevant in an 22 13 individual case. 22 14 A modification of a support order entered under chapter 22 15 234, 252A, 252C, 600B, this chapter, or any other support 22 16 chapter or proceeding between parties to the order is void 22 17 unless the modification is approved by the court, after proper 22 18 notice and opportunity to be heard is given to all parties to 22 19 the order, and entered as an order of the court. If support 22 20 payments have been assigned to the department of human 22 21 services pursuant to section 234.39, 239.3, or 252E.11, the 22 22 department shall be considered a party to the support order. 22 23 Modifications of orders pertaining to child custody shall be 22 24 made pursuant to chapter 598A. If the petition for a 22 25 modification of an order pertaining to child custody asks 22 26 either for joint custody or that joint custody be modified to 22 27 an award of sole custody, the modification, if any, shall be 22 28 made pursuant to section 598.41. 22 29 Judgments for child support or child support awards entered 22 30 pursuant to this chapter, chapter 234, 252A, 252C, 252F, 600B, 22 31 or any other chapter of the Code which are subject to a 22 32 modification proceeding may be retroactively modified only 22 33 from the date the notice of the pending petition for 22 34 modification is served on the opposing party. 22 35 The periodic due date established under a prior order for 23 1 payment of child support shall not be changed in any modified 23 2 order under this section, unless the court determines that 23 3 good cause exists to change the periodic due date. If the 23 4 court determines that good cause exists, the court shall 23 5 include the rationale for the change in the modified order and 23 6 shall address the issue of reconciliation of any payments due 23 7 or made under a prior order which would result in payment of 23 8 the child support obligation under both the prior and the 23 9 modified orders. 23 10 9. Notwithstanding subsection 8, a substantial change of 23 11 circumstances exists when the court order for child support 23 12 varies by ten percent or more from the amount which would be 23 13 due pursuant to the most current child support guidelines 23 14 established pursuant to subsection 4 or the obligor has access 23 15 to a health benefit plan, the current order for support does 23 16 not contain provisions for medical support, and the dependents 23 17 are not covered by a health benefit plan provided by the 23 18 obligee, excluding coverage pursuant to chapter 249A or a 23 19 comparable statute of a foreign jurisdiction. 23 20 This basis for modification is applicable to petitions 23 21 filed on or after July 1, 1992, notwithstanding whether the 23 22 guidelines prescribed by subsection 4 were used in 23 23 establishing the current amount of support. Upon application 23 24 for a modification of an order for child support for which 23 25 services are being received pursuant to chapter 252B, the 23 26 court shall set the amount of child supportbased upon23 27 relative to the most current child support guidelines 23 28 established pursuant to subsection 4 as an initial basis for 23 29 establishing support, including provisions for medical support 23 30 pursuant to chapter 252E. The child support recovery unit 23 31 shall, in submitting an application for modification or 23 32 adjustment of an order for support, employ additional criteria 23 33 and procedures as provided in chapter 252H and as established 23 34 by rule. 23 35 10. Notwithstanding any other provision of law to the 24 1 contrary, when an application for modification or adjustment 24 2 of support is submitted by the child support recovery unit, 24 3 the sole issues which may be considered by the court in that 24 4 action are the application of the guidelines in establishing 24 5 the amount of support pursuant to section 598.21, subsection 24 6 4, and provision for medical support under chapter 252E. 24 7 Issues related to custody, visitation, or other provisions 24 8 unrelated to support shall be considered only under a separate 24 9 application for modification. 24 10 11. If the court orders a transfer of title to real 24 11 property, the clerk of court shall issue a certificate under 24 12 chapter 558 relative to each parcel of real estate affected by 24 13 the order and immediately deliver the certificate for 24 14 recording to the county recorder of the county in which the 24 15 real estate is located. Any fees assessed shall be included 24 16 as part of the court costs. The county recorder shall deliver 24 17 the certificates to the county auditor as provided in section 24 18 558.58, subsection 1. 24 19 Property divisions made under this chapter are not subject 24 20 to modification. 24 21 Sec. 18. NEW SECTION. 598.21A SEPARATE MAINTENANCE WHERE 24 22 GROUNDS FOR DIVORCE ARE ABSENT. 24 23 Notwithstanding contrary provisions of this chapter, an 24 24 order for separate maintenance or child support may be ordered 24 25 by the court upon the petition of either party and upon a 24 26 determination by the court that such order is in the best 24 27 interests of the petitioning party or a minor child. An order 24 28 may be entered pursuant to this section whether or not a claim 24 29 is made by the petitioning party alleging sufficient grounds 24 30 for the entry of a decree of divorce. An order entered by the 24 31 court pursuant to this section shall be entered in the same 24 32 manner as provided for an order of separate maintenance 24 33 entered under section 598.21. 24 34 Sec. 19. Section 598.24, Code 1995, is amended to read as 24 35 follows: 25 1 598.24 COSTS IF PARTY IS IN DEFAULT OR CONTEMPT. 25 2 When an action for a modification, order to show cause, or 25 3 contempt of adissolutiondivorce, annulment, or separate 25 4 maintenance decree is brought on the grounds that a party to 25 5 the decree is in default or contempt of the decree, and the 25 6 court determines that the party is in default or contempt of 25 7 the decree, the costs of the proceeding, including reasonable 25 8 attorney's fees, may be taxed against that party. 25 9 Sec. 20. Section 598.25, Code 1995, is amended to read as 25 10 follows: 25 11 598.25 TERMINATION OF JURISDICTION OF COURT GRANTING 25 12MARRIAGE DISSOLUTIONDIVORCE DECREE. 25 13 Whenever a proceeding is initiated in a court for adoption 25 14 involving the children of parents or guardianswhose marriage25 15has been dissolvedwho are divorced, or for modification of a 25 16 judgment of alimony, child support, or custody granted in an 25 17 action fordissolution of marriagedivorce, the following 25 18 requirements must be met if such proceedings are initiated in 25 19 a court other than the court which granted thedissolution25 20 divorce decree. 25 21 1. The party initiating such proceedings must present to 25 22 the court the names and addresses of the parties to the 25 23dissolutiondivorce decree if known, as well as the name and 25 24 place of the court which granted thedissolutiondivorce 25 25 decree and the date of the decree. 25 26 2. The court in which the proceedings are initiated shall 25 27 cause notice of such proceedings to be served upon the parties 25 28 to the original action unless either or both parties are 25 29 deceased. 25 30 Such court, or either of the parties to thedissolution25 31 divorce decree, may request that a copy of the transcript of 25 32 the proceedings of the court which granted thedissolution25 33 divorce decree be made available for consideration in the new 25 34 proceedings. 25 35 Sec. 21. Section 598.26, unnumbered paragraph 1, Code 26 1 1995, is amended to read as follows: 26 2 The record and evidence in each case ofmarriage26 3dissolutiondivorce shall be kept pursuant to the following 26 4 provisions: 26 5 Sec. 22. Section 598.26, subsections 1 and 3, Code 1995, 26 6 are amended to read as follows: 26 7 1. Until a divorce decreeof dissolutionhas been entered, 26 8 the record and evidence shall be closed to all but the court, 26 9 its officers, and the child support recovery unit of the 26 10 department of human services pursuant to section 252B.9. No 26 11 other person shall permit a copy of any of the testimony, or 26 12 pleading, or the substance thereof, to be made available to 26 13 any person other than a party to the action or a party's 26 14 attorney. When a final decree is entered, the clerk of court 26 15 shall enter, as a public record with the final decree, any 26 16 order for a temporary support payment. Nothing in this 26 17 subsection shall be construed to prohibit publication of the 26 18 original notice as provided by the rules of civil procedure. 26 19 3. If the action is dismissed, judgment for costs shall be 26 20 entered in the judgment docket and lien index. The clerk 26 21 shall maintain a separate docket fordissolution of marriage26 22 divorce actions. 26 23 Sec. 23. Section 598.28, Code 1995, is amended to read as 26 24 follows: 26 25 598.28 SEPARATE MAINTENANCE AND ANNULMENT. 26 26 A petition shall be filed in separate maintenance and 26 27 annulment actions as in actions fordissolution of marriage26 28 divorce, and all applicable provisions of this chapter in 26 29 relationtheretoto the action, shall apply to separate 26 30 maintenance and annulment actions. 26 31 Sec. 24. Section 598.29, subsection 3, Code 1995, is 26 32 amended to read as follows: 26 33 3. Where either party had a husband or wife living at the 26 34 time of the marriage, provided they have not, with a knowledge 26 35 of such fact, lived and cohabited together after the death or 27 1marriage dissolutiondivorce of the former spouse of such 27 2 party. 27 3 Sec. 25. Section 598.32, Code 1995, is amended to read as 27 4 follows: 27 5 598.32 ANNULMENT – COMPENSATION. 27 6 In case either party entered into the contract of marriage 27 7 in good faith, supposing the other to be capable of 27 8 contracting, and the marriage is declared a nullity, such fact 27 9 shall be entered in the decree, and the court may decree such 27 10 innocent party compensation as in case ofdissolution of27 11marriagedivorce. 27 12 Sec. 26. Section 598.33, Code 1995, is amended to read as 27 13 follows: 27 14 598.33 ORDER TO VACATE. 27 15 Notwithstanding section 561.15, the court may order either 27 16 party to vacate the homestead pending entry of a divorce 27 17 decreeof dissolutionupon a showing that the other party or 27 18 the children are in imminent danger of physical harm if the 27 19 order is not issued. 27 20 Sec. 27. Section 598.34, unnumbered paragraph 1, Code 27 21 1995, is amended to read as follows: 27 22 A person entitled to periodic support payments pursuant to 27 23 an order or judgment entered in an action fordissolution of27 24marriagedivorce, who is also a recipient of public 27 25 assistance, is deemed to have assigned the person's rights to 27 26 the support payments, to the extent of public assistance 27 27 received by the person, to the department of human services. 27 28 The department shall immediately notify the clerk of court by 27 29 mail when a person entitled to support payments has been 27 30 determined to be eligible for public assistance. Upon 27 31 notification by the department that a person entitled to 27 32 periodic support payments pursuant to this chapter is 27 33 receiving public assistance, the clerk of court shall make a 27 34 notation of the automatic assignment in the judgment docket 27 35 and lien index. The notation constitutes constructive notice 28 1 of the assignment. The clerk of court shall forward support 28 2 payments received pursuant to section 598.22, to which the 28 3 department is entitled, to the department, which may secure 28 4 support payments in default through proceedings provided for 28 5 in chapter 252A or section 598.24. 28 6 Sec. 28. Section 598.35, subsection 2, Code 1995, is 28 7 amended to read as follows: 28 8 2. A petition fordissolution of marriagedivorce has been 28 9 filed by one of the parents of the child. 28 10 Sec. 29. Section 598.37, Code 1995, is amended to read as 28 11 follows: 28 12 598.37 NAME CHANGE. 28 13 Either party to a marriage may request as a part of the 28 14 divorce decreeof dissolutionor decree of annulment a change 28 15 in the person's name to either the name appearing on the 28 16 person's birth certificate or to the name the person had 28 17 immediately prior to the marriage. If a party requests a name 28 18 change other than to the name appearing on the person's birth 28 19 certificate or to the name the person had immediately prior to 28 20 the marriage, the request shall be made under chapter 674. 28 21 Sec. 30. Section 598.41, subsection 1, paragraph a, Code 28 22 Supplement 1995, is amended to read as follows: 28 23 a. The court, insofar as is reasonable and in the best 28 24 interest of the child, shall order the custody award, 28 25 including liberal visitation rights where appropriate, which 28 26 will assure the child the opportunity for the maximum 28 27 continuing physical and emotional contact with both parents 28 28 after the parents have separated ordissolved the marriage28 29 divorced, and which will encourage parents to share the rights 28 30 and responsibilities of raising the child unless direct 28 31 physical harm or significant emotional harm to the child, 28 32 other children, or a parent is likely to result from such 28 33 contact with one parent. 28 34 Sec. 31. Section 598.41, subsection 3, Code Supplement 28 35 1995, is amended by adding the following new paragraph: 29 1 NEW PARAGRAPH. k. The fault attributable to a parent in a 29 2 divorce. 29 3 Sec. 32. Section 633.425, subsection 9, Code 1995, is 29 4 amended to read as follows: 29 5 9. All unpaid support payments as defined in section598.129 6 598.1A, subsection 6, and all additional unpaid awards and 29 7 judgments against the decedent in any dissolution, separate 29 8 maintenance, uniform support, or paternity action to the 29 9 extent that the support, awards, and judgments have accrued at 29 10 the time of death of the decedent. 29 11 Sec. 33. Sections 598.4, 598.6, 598.7, and 598.14, Code 29 12 1995, are repealed. 29 13 Sec. 34. Section 598.8, Code Supplement 1995, is repealed. 29 14 EXPLANATION 29 15 This bill changes the grounds upon which a dissolution of 29 16 marriage may be obtained. The current system, described as a 29 17 "no-fault" divorce system, is changed to include "fault-based" 29 18 components which apply unless the divorce is not contested. 29 19 If the divorce is not contested or if the respondent has not 29 20 entered an appearance or filed a motion, a divorce may be 29 21 obtained by the filing of documents with the court and no 29 22 hearing is required. 29 23 Under the "fault-based" system established under the bill, 29 24 the grounds upon which a divorce may be granted include 29 25 adultery or desertion, both of which are defined under the 29 26 bill, abuse of a party or of a child of the household, or 29 27 habitual use and abuse of alcohol or a controlled substance by 29 28 the other party, which must be alleged and proved by clear and 29 29 convincing evidence by the petitioner. In addition, the court 29 30 may consider whether the petitioner has committed any of the 29 31 fault-based grounds when determining whether a divorce should 29 32 be granted. 29 33 The bill also provides that fault of a party may be 29 34 considered as a factor in determining the division of property 29 35 of the parties, in determining whether support is to be 30 1 awarded a party, and in determining the award of custody of 30 2 children. The bill provides that the court is to award the 30 3 family home or at a minimum the right to live in the family 30 4 home for a reasonable period of time to the party with custody 30 5 of the children or to the party with principal care of the 30 6 children, unless it is not in the best interests of the child. 30 7 With regard to the awarding of support to a party, the bill 30 8 prohibits the award of support to a party found to be at fault 30 9 and provides that if a party is not at fault, support may be 30 10 awarded as compensation for breach of the marital contract. 30 11 The bill provides that the child support guidelines 30 12 currently established by the supreme court are to be only an 30 13 initial basis for calculating the amount of child support and 30 14 that the district court may establish the amount deemed 30 15 appropriate in a particular case. If the district court 30 16 deviates from the guidelines, the district court is required 30 17 to include in the order a record of the reasons for the 30 18 deviation. Unless the district court is determined to have 30 19 clearly abused its discretion, the amount established is not 30 20 to be reversed or modified on appeal. 30 21 The bill also makes conforming changes throughout the Code 30 22 to reflect the terminology of "divorce" rather than 30 23 "dissolution". 30 24 LSB 3679XL 76 30 25 pf/sc/14.1
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