598.23A Contempt proceedings for provisions of support payments — activity governed by a license.
1. If a person against whom an order or decree for support has been entered pursuant to this chapter or chapter 234, 252A, 252C, 252F, 600B, or any other support chapter, or a comparable chapter of another state or foreign country as defined in chapter 252K, fails to make payments or provide medical support pursuant to that order or decree, the person may be cited and punished by the court for contempt under section 598.23 or this section. Failure to comply with a seek employment order entered pursuant to section 252B.21 is evidence of willful failure to pay support.
2. If a person is cited for contempt, the court may do any of the following:
a. Require the posting of a cash bond, within seven calendar days, in an amount equivalent to the current arrearages and an additional amount which is equivalent to at least twelve months of future support obligations. If the arrearages are not paid within three months of the hearing, the bond shall be automatically forfeited to cover payment of the full portion of the arrearages and the portion of the bond representing future support obligations shall be automatically forfeited to cover future support payments as payments become due.
b. (1) Require the performance of community service work of up to twenty hours per week for six weeks for each finding of contempt. The contemnor may, at any time during the six-week period, apply to the court to be released from the community service work requirement under any of the following conditions:
(a) The contemnor provides proof to the court that the contemnor is gainfully employed and submits to an order for income withholding pursuant to chapter 252D or to a court-ordered wage assignment.
(b) The contemnor provides proof of payment of an amount equal to at least six months’ child support. The payment does not relieve the contemnor’s obligation for arrearages or future payments.
(c) The contemnor provides proof to the court that, subsequent to entry of the order, the contemnor’s circumstances have so changed that the contemnor is no longer able to fulfill the terms of the community service order.
(2) The contemnor shall keep a record of and provide the following information to the court at the court’s request, or to the child support recovery unit established pursuant to chapter 252B, at the unit’s request, when the unit is providing enforcement services pursuant to chapter 252B:
(a) The duties performed as community service during each week that the contemnor is subject to the community service requirements.
(b) The number of hours of community service performed during each week that the contemnor is subject to the community service requirements.
(c) The name, address, and telephone number of the person supervising or arranging for the performance of the community service.
(3) The performance of community service does not relieve the contemnor of any unpaid accrued or accruing support obligation.
c. Enjoin the contemnor from engaging in the exercise of any activity governed by a license.
(1) If the court determines that an extreme hardship will result from the injunction, the court order may allow the contemnor to engage in the exercise of the activity governed by the license, subject to terms established by the court, which shall include, at a minimum, that the contemnor enter into an agreement to satisfy all obligations owing over a period of time satisfactory to the court.
(2) If the court order allows for the exercise of the activity governed by a license pending satisfaction of an obligation over time, and the contemnor fails to comply with the agreement, the contemnor shall be provided an opportunity for hearing, within ten days, to demonstrate why an order enjoining the contemnor from engaging in the exercise of any activity governed by a license should not be issued.
(3) The court order under this paragraph shall be vacated only after verification is provided to the court that the contemnor has satisfied all accrued obligations owing and that the contemnor has satisfied all terms established by the court and when the person entitled to receive support payments, or the child support recovery unit when the unit is providing enforcement services pursuant to chapter 252B, has been provided ten days’ notice and an opportunity to object.
(4) As used in this paragraph, “license” means any license or renewal of a license, certification, or registration issued by an agency to a person to conduct a trade or business, including but not limited to a license to practice a profession or occupation or to operate a commercial motor vehicle.
92 Acts, ch 1195, §510; 93 Acts, ch 79, §27 – 29; 94 Acts, ch 1101, §9, 10; 2015 Acts, ch 110, §115
Referred to in §85.59, 252B.21, 252J.2, 669.2, 815.11
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.