Text: SF02218 Text: SF02220 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 598.5, Code Supplement 1997, is amended 1 2 by adding the following new subsection: 1 3 NEW SUBSECTION. 11. Contain a statement in substantially 1 4 the following form: 1 5 "By executing this document I acknowledge that I have read 1 6 and have received a copy of the notice of the automatic 1 7 temporary financial protective order required pursuant to Iowa 1 8 Code section 598.10." 1 9 Sec. 2. NEW SECTION. 598.10 AUTOMATIC TEMPORARY 1 10 FINANCIAL PROTECTIVE ORDER. 1 11 1. An automatic temporary financial protective order which 1 12 establishes restraints on the parties to a dissolution of 1 13 marriage, separate maintenance, or annulment action relating 1 14 to assets and income shall be in effect as follows: 1 15 a. Against the petitioner upon the filing of a petition 1 16 for dissolution of marriage, separate maintenance, or 1 17 annulment. 1 18 b. Against the respondent following personal service on 1 19 and acceptance of personal service by the respondent of the 1 20 original notice. 1 21 2. Notice of the automatic temporary financial protective 1 22 order shall be printed upon the original notice and shall 1 23 provide as follows: 1 24 "Notice of Automatic Temporary Financial Protective Order. 1 25 1. You are further notified that an automatic temporary 1 26 financial protective order is now in effect against the 1 27 petitioner and, upon your acceptance of personal service of 1 28 this original notice, against you until the final decree is 1 29 entered, the petition is dismissed, or until further order of 1 30 the court. You or your spouse may apply to the court for 1 31 additional temporary orders or for modification or revocation 1 32 of the automatic temporary financial protective order. 1 33 2. You and your spouse are restrained from transferring, 1 34 encumbering, concealing, or in any way dissipating or 1 35 disposing of any of your assets or income or the assets or 2 1 income of your spouse, without the prior written consent of 2 2 your spouse, or an order of the court, except as may be 2 3 necessary in the usual course of business or for the 2 4 necessities of life. You are to account to the court for all 2 5 extraordinary expenditures made when this temporary financial 2 6 protective order is in effect. You and your spouse are also 2 7 restrained from terminating any existing life insurance, 2 8 health insurance, or casualty insurance coverage or changing 2 9 the beneficiaries of such coverage, without prior written 2 10 consent of your spouse, or an order of the court." 2 11 3. Upon the filing of a petition for dissolution of 2 12 marriage, separate maintenance, or annulment, the petitioner 2 13 is deemed to have knowledge of the automatic temporary 2 14 financial protective order. Counsel for the petitioner shall 2 15 immediately deliver to the petitioner a copy of the original 2 16 notice containing the notice of automatic temporary financial 2 17 protective order. The clerk of the district court shall 2 18 deliver a copy of the original notice to a pro se petitioner 2 19 containing the notice of automatic temporary financial 2 20 protective order. 2 21 4. A history of domestic abuse as defined in section 236.2 2 22 is a defense to a claimed violation of the automatic temporary 2 23 financial protective order for dissipation or disposition of 2 24 an asset or income by the person upon whom the domestic abuse 2 25 is perpetrated. 2 26 5. This section does not limit or prohibit either party 2 27 from exercising any rights or remedies available under any 2 28 other provision of law. 2 29 6. An automatic temporary financial protective order shall 2 30 be issued without bond. 2 31 7. This section does not apply to actions for modification 2 32 of an order or decree related to a dissolution of marriage. 2 33 EXPLANATION 2 34 The bill provides for the establishment of an automatic 2 35 temporary financial protective order against both parties to a 3 1 dissolution of marriage, separate maintenance, or annulment 3 2 action prohibiting the parties from executing certain 3 3 transactions involving marital assets and income without the 3 4 consent of the other party, except in the usual course of 3 5 business or for the necessities of life. The bill also 3 6 prohibits the parties from terminating any existing life, 3 7 health, or casualty insurance or changing the beneficiaries of 3 8 such coverage without prior written consent of the other party 3 9 or an order of the court. The bill provides for the content 3 10 of the notice to be printed upon the original notice and 3 11 provides that a history of domestic abuse is a defense to 3 12 dissipating or disposing of assets or income under the bill. 3 13 LSB 1726SZ 77 3 14 pf/sc/14
Text: SF02218 Text: SF02220 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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