Text: SF00431 Text: SF00433 Text: SF00400 - SF00499 Text: SF 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 or
1 19 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 your acceptance of
1 28 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 marital property or the assets or income of
2 2 your spouse, without the prior written consent of your spouse,
2 3 or an order of the court, except as may be necessary in the
2 4 usual course of business, for the necessities of life, or for
2 5 court costs and reasonable attorney fees in an action brought
2 6 under this chapter. You are to account to the court for all
2 7 extraordinary expenditures made during the time this temporary
2 8 financial protective order is in effect. You and your spouse
2 9 are also restrained from terminating any existing life
2 10 insurance, health insurance, or casualty insurance coverage
2 11 for you, your spouse, or your children, or changing the
2 12 beneficiaries of such coverage, without prior written consent
2 13 of your spouse, or an order of the court."
2 14 3. Upon the filing of a petition for dissolution of
2 15 marriage, separate maintenance, or annulment, the petitioner
2 16 is deemed to have knowledge of the automatic temporary
2 17 financial protective order. Counsel for the petitioner shall
2 18 immediately deliver to the petitioner a copy of the original
2 19 notice containing the notice of automatic temporary financial
2 20 protective order. The clerk of the district court shall
2 21 deliver a copy of the original notice to a pro se petitioner
2 22 containing the notice of automatic temporary financial
2 23 protective order.
2 24 4. This section does not limit or prohibit either party
2 25 from exercising any rights or remedies available under any
2 26 other provision of law.
2 27 5. An automatic temporary financial protective order shall
2 28 be issued without bond.
2 29 6. This section does not apply to actions for modification
2 30 of an order or decree related to a dissolution of marriage.
2 31 EXPLANATION
2 32 The bill provides for the establishment of an automatic
2 33 temporary financial protective order against both parties to a
2 34 dissolution of marriage, separate maintenance, or annulment
2 35 action prohibiting the parties from executing certain
3 1 transactions involving marital assets and income without the
3 2 consent of the other party, except in the usual course of
3 3 business, for the necessities of life or for dissolution-
3 4 related court costs and attorney fees. The bill also
3 5 prohibits the parties from terminating any existing life,
3 6 health, or casualty insurance or changing the beneficiaries of
3 7 such coverage without prior written consent of the other party
3 8 or an order of the court. The bill provides for the content
3 9 of the notice to be printed upon the original notice.
3 10 LSB 1699SV 78
3 11 pf/sc/14
Text: SF00431 Text: SF00433 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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