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598.23 Contempt proceedings---alternatives to jail sentence.

1. If a person against whom a temporary order or final decree has been entered willfully disobeys the order or decree, the person may be cited and punished by the court for contempt and be committed to the county jail for a period of time not to exceed thirty days for each offense.

2. The court may, as an alternative to punishment for contempt, make an order which, according to the subject matter of the order or decree involved, does the following:

a. Directs the defaulting party to assign trust income, or a sufficient amount in salary or wages due or to become due in the future from an employer or successor employers, to the clerk of the district court where the order or judgment was granted or the collection services center, except as otherwise provided in section 598.22 for certain trust income, social security disability payments, or tax refunds or rebates, for the purpose of paying the sums in default as well as the payments to be made in the future. If the assignment is of salary or wages due, the amount assigned shall not exceed the amount set forth in 15 U.S.C. §1673(b)(1982) and the assignment order is binding upon the employer only for those amounts that represent child support and only upon receipt by the employer of a copy of the order, signed by the employee. For each payment deducted in compliance with the direction, the payor may deduct a sum not exceeding two dollars as a reimbursement for costs. Compliance by a payor with the court's order shall operate as a discharge of the payor's liability to the payee as to the affected portion of the payee's wages or trust income. An employer who dismisses an employee due to the entry of an assignment order commits a simple misdemeanor.

b. Modifies visitation to compensate for lost visitation time or establishes joint custody for the child or transfers custody.

Section History: Early form

[C24, 27, 31, 35, 39, § 10482; C46, 50, 54, 58, 62, 66, § 598.15; C71, 73, 75, 77, 79, 81, § 598.23]

Section History: Recent form

84 Acts, ch 1133, § 1; 85 Acts, ch 67, §56; 85 Acts, ch 178, §9; 88 Acts, ch 1218, §9

Internal References

Referred to in § 96.3, 234.39, 598.22, 598.23A, 642.21

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