598.1 Definitions.
As used in this chapter:
1. “Best interest of the child” includes but is not limited to the opportunity for maximum continuous physical and emotional contact possible with both parents, unless direct physical or significant emotional harm to the child may result from this contact. Refusal by one parent to provide this opportunity without just cause shall be considered harmful to the best interest of the child.
2. “Dissolution of marriage” means a termination of the marriage relationship and shall be synonymous with the term “divorce”.
3. “Joint custody” or “joint legal custody” means an award of legal custody of a minor child to both parents jointly under which both parents have legal custodial rights and responsibilities toward the child and under which neither parent has legal custodial rights superior to those of the other parent. Rights and responsibilities of joint legal custody include but are not limited to equal participation in decisions affecting the child’s legal status, medical care, education, extracurricular activities, and religious instruction.
4. “Joint physical care” means an award of physical care of a minor child to both joint legal custodial parents under which both parents have rights and responsibilities toward the child including but not limited to shared parenting time with the child, maintaining homes for the child, providing routine care for the child and under which neither parent has physical care rights superior to those of the other parent.
5. “Legal custody” or “custody” means an award of the rights of legal custody of a minor child to a parent under which a parent has legal custodial rights and responsibilities toward the child. Rights and responsibilities of legal custody include but are not limited to decision making affecting the child’s legal status, medical care, education, extracurricular activities, and religious instruction.
6. “Minor child” means any person under legal age.
7. “Physical care” means the right and responsibility to maintain a home for the minor child and provide for the routine care of the child.
8. “Postsecondary education subsidy” means an amount which either of the parties may be required to pay under a temporary order or final judgment or decree for educational expenses of a child who is between the ages of eighteen and twenty-two years if the child is regularly attending a course of career and technical training either as a part of a regular school program or under special arrangements adapted to the individual person’s needs; or is, in good faith, a full-time student in a college, university, or community college; or has been accepted for admission to a college, university, or community college and the next regular term has not yet begun.
9. “Support” or “support payments” means an amount which the court may require either of the parties to pay under a temporary order or a final judgment or decree, and may include alimony, child support, maintenance, and any other term used to describe these obligations. For orders entered on or after July 1, 1990, unless the court specifically orders otherwise, medical support is not included in the monetary amount of child support. The obligations shall include support for a child who is between the ages of eighteen and nineteen years who is engaged full-time in completing high school graduation or equivalency requirements in a manner which is reasonably expected to result in completion of the requirements prior to the person reaching nineteen years of age; and may include support for a child of any age who is dependent on the parties to the dissolution proceedings because of physical or mental disability.
[C71, 73, 75, 77, 79, 81, §598.1; 82 Acts, ch 1250, §1]
84 Acts, ch 1088, §1; 86 Acts, ch 1245, §1495; 90 Acts, ch 1224, §41; 90 Acts, ch 1253, §120; 97 Acts, ch 175, §182 – 185, 200; 2016 Acts, ch 1108, §69
Referred to in §8B.32, 252B.1, 252B.13A, 252B.14, 252B.24, 252D.16, 633.425
Structure Iowa Code
Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES
Chapter 598 - DISSOLUTION OF MARRIAGE AND DOMESTIC RELATIONS
Section 598.2 - Jurisdiction and venue.
Section 598.2A - Choice of law.
Section 598.3 - Kind of action — joinder.
Section 598.4 - Caption of petition for dissolution.
Section 598.5 - Contents of petition — verification — evidence.
Section 598.6 - Additional contents.
Section 598.8 - Hearings — exceptions.
Section 598.9 - Residence — failure of proof.
Section 598.10 - Temporary orders.
Section 598.11 - How temporary order made — changes — retroactive modification.
Section 598.12 - Guardian ad litem for minor child.
Section 598.12A - Attorney for minor child.
Section 598.12B - Child custody investigators and child and family reporters.
Section 598.13 - Financial statements filed.
Section 598.14A - Retroactive modification of temporary support order.
Section 598.14B - Child visitation — temporary custody orders.
Section 598.15 - Mandatory course — parties to certain proceedings.
Section 598.16 - Conciliation — domestic relations divisions.
Section 598.17 - Dissolution of marriage — evidence.
Section 598.18 - Recrimination not a bar to dissolution of marriage.
Section 598.19 - Waiting period before decree.
Section 598.19A - Mandatory course — parties to certain proceedings.
Section 598.20 - Forfeiture of marital rights.
Section 598.20A - Beneficiary revocation — life insurance.
Section 598.20B - Beneficiary revocation — other contracts.
Section 598.21 - Orders for disposition of property.
Section 598.21A - Orders for spousal support.
Section 598.21B - Orders for child support and medical support.
Section 598.21C - Modification of child, spousal, or medical support orders.
Section 598.21D - Relocation of parent as grounds to modify order of child custody.
Section 598.21E - Contesting paternity to challenge child support order.
Section 598.21F - Postsecondary education subsidy.
Section 598.21G - Minor parent — parenting classes.
Section 598.22A - Satisfaction of support payments.
Section 598.22B - Information required in order or judgment.
Section 598.22C - Child support — social security disability dependent benefits.
Section 598.22D - Separate fund or conservatorship for support.
Section 598.23 - Contempt proceedings — alternatives to jail sentence.
Section 598.24 - Costs if party is in default or contempt.
Section 598.25 - Parties and court granting marriage dissolution decree — notice.
Section 598.26 - Record — impounding — violation indictable.
Section 598.28 - Separate maintenance and annulment.
Section 598.29 - Annulling illegal marriage — causes.
Section 598.30 - Validity determined.
Section 598.31 - Children — legitimacy.
Section 598.32 - Annulment — compensation.
Section 598.33 - Order to vacate.
Section 598.34 - Recipients of public assistance — assignment of support payments.
Section 598.35 - Grandparent — great-grandparent — visitation rights.
Section 598.36 - Attorney fees in proceeding to modify order or decree.
Section 598.41 - Custody of children.
Section 598.41A - Visitation — history of crimes against a minor.
Section 598.41B - Visitation — restrictions — murder of parent.
Section 598.41C - Modification of child custody or physical care — active duty.
Section 598.42 - Notice of certain orders by clerk of court.