Text: HSB00006 Text: HSB00008 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 598.5, Code 1999, is amended by adding
1 2 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 service upon you or upon your acceptance
1 28 of personal service of this original notice, against you until
1 29 the final decree is entered, the petition is dismissed, or
1 30 until further order of the court. You or your spouse may
1 31 apply to the court for additional temporary orders or for
1 32 modification or revocation of the automatic temporary
1 33 financial protective order.
1 34 2. You and your spouse are restrained from transferring,
1 35 encumbering, concealing, or in any way dissipating or
2 1 disposing of any of your assets or income or the assets or
2 2 income of your spouse, without the prior written consent of
2 3 your spouse, or an order of the court, except as may be
2 4 necessary in the usual course of business or for the
2 5 necessities of life. You are to account to the court for all
2 6 extraordinary expenditures made while this temporary financial
2 7 protective order is in effect. You and your spouse are also
2 8 restrained from terminating any existing life insurance,
2 9 health insurance, or casualty insurance coverage or changing
2 10 the beneficiaries of such coverage, without prior written
2 11 consent of your spouse, or an order of the court."
2 12 3. Upon the filing of a petition for dissolution of
2 13 marriage, separate maintenance, or annulment, the petitioner
2 14 is deemed to have knowledge of the automatic temporary
2 15 financial protective order. Counsel for the petitioner shall
2 16 immediately deliver to the petitioner a copy of the original
2 17 notice containing the notice of automatic temporary financial
2 18 protective order. The clerk of the district court shall
2 19 deliver a copy of the original notice to a pro se petitioner
2 20 containing the notice of automatic temporary financial
2 21 protective order.
2 22 4. A history of domestic abuse as defined in section 236.2
2 23 is a defense to a claimed violation of the automatic temporary
2 24 financial protective order for dissipation or disposition of
2 25 an asset or income by the person upon whom the domestic abuse
2 26 is perpetrated.
2 27 5. This section does not limit or prohibit either party
2 28 from exercising any rights or remedies available under any
2 29 other provision of law.
2 30 6. An automatic temporary financial protective order shall
2 31 be issued without bond.
2 32 7. This section does not apply to actions for modification
2 33 of an order or decree related to a dissolution of marriage.
2 34 EXPLANATION
2 35 The bill provides for the establishment of an automatic
3 1 temporary financial protective order against both parties to a
3 2 dissolution of marriage, separate maintenance, or annulment
3 3 action prohibiting the parties from executing certain
3 4 transactions involving marital assets and income without the
3 5 consent of the other party, except in the usual course of
3 6 business or for the necessities of life. The bill also
3 7 prohibits the parties from terminating any existing life,
3 8 health, or casualty insurance or changing the beneficiaries of
3 9 such coverage without prior written consent of the other party
3 10 or an order of the court. The bill provides for the content
3 11 of the notice to be printed upon the original notice and
3 12 provides that a history of domestic abuse is a defense to
3 13 dissipating or disposing of assets or income under the bill.
3 14 LSB 1030YC 78
3 15 pf/sc/14
Text: HSB00006 Text: HSB00008 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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