252A.6 - HOW COMMENCED -- TRIAL.
252A.6 HOW COMMENCED -- TRIAL.
1. A proceeding under this chapter shall be commenced by filing a
verified petition in the court in equity in the county where the
dependent resides or is domiciled, or if the dependent does not
reside in or is not domiciled in this state, where the petitioner or
respondent resides, or where public assistance has been provided for
the dependent. The petition shall show the name, age, residence, and
circumstances of the dependent, alleging that the dependent is in
need of and is entitled to support from the respondent, giving the
respondent's name, age, residence, and circumstances, and praying
that the respondent be compelled to furnish such support. The
petitioner may include in or attach to the petition any information
which may help in locating or identifying the respondent including,
but without limitation by enumeration, a photograph of the
respondent, a description of any distinguishing marks of the
respondent's person, other names and aliases by which the respondent
has been or is known, the name of the respondent's employer, the
respondent's fingerprints, or social security number.
2. It shall not be necessary for the dependent or the dependent's
witnesses to appear personally at a hearing on the petition, but it
shall be the duty of the petitioner's representative to appear on
behalf of and represent the petitioner at all stages of the
proceeding.
3. If at a hearing on the petition the respondent controverts the
petition and enters a verified denial of any of the material
allegations, the judge presiding at the hearing shall stay the
proceedings. The petitioner shall be given the opportunity to
present further evidence to address issues which the respondent has
controverted.
4. If the respondent appears at the hearing and fails to answer
the petition or admits the allegations of the petition, or if, after
a hearing, the court has found and determined that the prayer of the
petitioner, or any part of the prayer, is supported by the evidence
adduced in the proceeding, and that the dependent is in need of and
entitled to support from a party, the court shall make and enter an
order directing a party to furnish support for the dependent and to
pay a sum as the court determines pursuant to section 598.21A or
598.21B, as applicable. Upon entry of an order for support or upon
failure of a person to make payments pursuant to an order for
support, the court may require a party to provide security, a bond,
or other guarantee which the court determines is satisfactory to
secure the payment of the support. Upon the party's failure to pay
the support under the order, the court may declare the security,
bond, or other guarantee forfeited.
5. The court making such order may require the party to make
payment at specified intervals to the clerk of the district court or
to the collection services center, and to report personally to the
sheriff or any other official, at such times as may be deemed
necessary.
6. A party who willfully fails to comply with or who violates the
terms or conditions of the support order or of the party's probation
shall be punished by the court in the same manner and to the same
extent as is provided by law for a contempt of such court or a
violation of probation ordered by such court in any other suit or
proceeding cognizable by such court.
7. Except as provided in 28 U.S.C. § 1738B, any order of support
issued by a court shall not supersede any previous order of support
issued in a divorce or separate maintenance action, but the amounts
for a particular period paid pursuant to either order shall be
credited against amounts accruing or accrued for the same period
under both. This subsection also applies to orders entered following
an administrative process including, but not limited to, the
administrative processes provided pursuant to chapters 252C and 252F.
Section History: Early Form
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 252A.6] Section History: Recent Form
85 Acts, ch 100, § 1; 89 Acts, ch 166, § 3; 93 Acts, ch 79, §35;
96 Acts, ch 1141, § 19, 20; 97 Acts, ch 175, § 13; 2003 Acts, ch 62,
§7; 2005 Acts, ch 69, §4
Referred to in § 252A.6A, 252A.13, 602.8102(47)