598.11 - HOW TEMPORARY ORDER MADE -- CHANGES -- RETROACTIVE MODIFICATION.
598.11 HOW TEMPORARY ORDER MADE -- CHANGES -- RETROACTIVE MODIFICATION. 1. In making temporary orders, the court shall take into consideration the age of the applicant, the physical and pecuniary condition of the parties, and other matters as are pertinent, which may be shown by affidavits, as the court may direct. The hearing on the application shall be limited to matters set forth in the application, the affidavits of the parties, and the required statements of income. The court shall not hear any other matter relating to the petition, respondent's answer, or any pleadings connected with the petition or answer. 2. Subject to 28 U.S.C. § 1738B, after notice and hearing, subsequent changes in temporary orders may be made by the court on application of either party demonstrating a substantial change in the circumstances occurring subsequent to the issuance of such order. If the order is not so modified, it shall continue in force and effect until the action is dismissed or a decree is entered dissolving the marriage. 3. An order for temporary support may be retroactively modified only from three months after notice of hearing for temporary support pursuant to section 598.10 or from three months after notice of hearing for modification of a temporary order for support pursuant to this section. The three-month limitation applies to modification actions pending on or after July 1, 1997.
Section History: Early Form [C73, § 2226; C97, § 3177; C24, 27, 31, 35, 39, § 10478; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 598.11]
Section History: Recent Form 85 Acts, ch 178, §5; 2005 Acts, ch 69, §33