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