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Senate File 2219

Partial Bill History

Bill Text

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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