598.11  Temporary orders.

The court may order either party to pay the clerk a sum of money for the separate support and maintenance of the other party and the children and to enable such party to prosecute or defend the action. The court may on its own motion and shall upon application of either party or an attorney appointed under section 598.12 determine the temporary custody of any minor child whose welfare may be affected by the filing of the petition for dissolution.

The court may make such an order when a claim for temporary support is made by the petitioner in the petition, or upon application of either party, after service of the original notice and when no application is made in the petition; however, no such order shall be entered until at least five days' notice of hearing, and opportunity to be heard, is given the other party. Appearance by an attorney or the respondent for such hearing shall be deemed a special appearance for the purpose of such hearing only and not a general appearance. An order entered pursuant to this section shall contain the names, birth dates, addresses, and counties of residence of the petitioner and respondent.

Section History: Early form

  [C73, § 2226; C97, § 3177; C24, 27, 31, 35, 39, § 10478; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 598.11]

Section History: Recent form

  85 Acts, ch 178, §5

Internal References

  Referred to in § 598.14A, 598.22


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