House File 2504 HOUSE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 2022) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the statute of limitations relative to a 2 judgment of distribution of marital assets involving fraud. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5039HV 80 5 pf/gg/14 PAG LIN 1 1 Section 1. NEW SECTION. 598.21B STATUTE OF LIMITATIONS 1 2 == FRAUD == JUDGMENT OF DISTRIBUTION OF MARITAL ASSETS. 1 3 The statute of limitations provisions established in 1 4 chapter 614 shall apply to actions brought for relief on the 1 5 ground of fraud relative to a judgment of distribution of 1 6 marital assets. 1 7 Sec. 2. Section 614.1, subsections 4 and 6, Code 1 8 Supplement 2003, are amended to read as follows: 1 9 4. UNWRITTEN CONTRACTS == INJURIES TO PROPERTY == FRAUD == 1 10 OTHER ACTIONS. Those founded on unwritten contracts, those 1 11 brought for injuries to property, or for relief on the ground 1 12 of fraud in cases heretofore solely cognizable in a court of 1 13 chancery, and all other actions not otherwise provided for in 1 14 this respect, within five years, except as provided by 1 15 subsections 6, 8, and 10. 1 16 6. JUDGMENTS OF COURTS OF RECORD. 1 17 a. Those founded on a judgment of a court of record, 1 18 whether of this or of any other of the United States, or of 1 19 the federal courts of the United States, within twenty years, 1 20 except that a time period limitation shall not apply to an 1 21 action to recover a judgment for child support, spousal 1 22 support, or a judgment of distribution of marital assets 1 23 except as provided in paragraph "b". 1 24 b. Notwithstanding paragraph "a" if fraud has been 1 25 perpetrated in connection with a judgment of distribution of 1 26 marital assets, an action may be brought for relief by the 1 27 person aggrieved against the perpetrator of the fraud or any 1 28 person benefiting from the fraud only within one year of the 1 29 discovery of the fraud as provided in section 614.4. 1 30 EXPLANATION 1 31 This bill provides that if an action is brought based on 1 32 fraud relative to a judgment of distribution of marital 1 33 assets, the action may only be brought within one year of 1 34 discovery of the party by the party aggrieved. Currently, a 1 35 time period limitation does not apply to any actions to 2 1 recover a judgment of distribution of marital assets and an 2 2 action for relief based upon the ground of fraud may only be 2 3 brought within five years from the time the cause of action 2 4 accrues. 2 5 LSB 5039HV 80 2 6 pf/gg/14