House File 780 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON JUDICIARY

                                       (SUCCESSOR TO HSB 132)


    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the issuance of temporary orders modifying an
  2    order of child support.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1258HV 82
  5 pf/je/5

PAG LIN



  1  1    Section 1.  Section 598.21C, Code 2007, is amended by
  1  2 adding the following new subsection:
  1  3    NEW SUBSECTION.  3A.  TEMPORARY MODIFICATION OF CHILD
  1  4 SUPPORT ORDERS.  While an application for modification of a
  1  5 child support or child custody order is pending, the court
  1  6 may, on its own motion or upon application by either party,
  1  7 enter a temporary order modifying an order of child support.
  1  8 The court may enter such temporary order only after service of
  1  9 the original notice, and an order shall not be entered until
  1 10 at least five days' notice of hearing and opportunity to be
  1 11 heard, is provided to all parties.  In entering temporary
  1 12 orders under this subsection, the court shall consider all
  1 13 pertinent matters, which may be demonstrated by affidavits, as
  1 14 the court may direct.  The hearing on application shall be
  1 15 limited to matters set forth in the application, the
  1 16 affidavits of the parties, and any required statements of
  1 17 income.  The court shall not hear any other matter relating to
  1 18 the application for modification, respondent's answer, or any
  1 19 pleadings connected with the application for modification or
  1 20 the answer.  This subsection shall also apply to an order,
  1 21 decree, or judgment entered or pending on or before July 1,
  1 22 2007, and shall apply to an order entered under this chapter,
  1 23 chapter 252A, 252C, 252F, 252H, 252K, or 600B, or any other
  1 24 applicable chapter of the Code.
  1 25                           EXPLANATION
  1 26    This bill authorizes the court to temporarily modify a
  1 27 child support order when an application to modify a child
  1 28 support or child custody order is pending.  The bill provides
  1 29 for notice of the parties and limits the matters which may be
  1 30 addressed by the court in entering the temporary order.  The
  1 31 bill applies to orders, decrees, and judgments entered or
  1 32 pending on or before July 1, 2007, and applies to orders
  1 33 entered under Code chapter 598 and other applicable chapters
  1 34 of the Code.
  1 35 LSB 1258HV 82
  2  1 pf:nh/je/5