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You must electronically file this Appearance and Answer using EDMS at unless you obtain from the court an exemption from electronic filing requirements.
In Iowa, you have to file an action against the other party to seek enforcement of the existing court decree order. The enforcement action is formally known as an Application for Rule to Show Cause, commonly referred to as a contempt filing. This filing brings the opposing party's bad acts to the court's attention.
This 90-day waiting period applies even if you and your spouse are seeking a no-contest divorce in Iowa and have agreed on all terms. In very limited circumstances (such as emergencies) a judge may waive the 90-day period and grant your divorce sooner.
If a party is found to have violated a court order, the court can find the party in contempt and may require the party serve up to 30 days in jail. The court also has alternative measures to try to gain the party's compliance with an order. See Iowa Code section 598.23.
Iowa Code section 598.23 applies if the case involves an order that was issued as part of a divorce . Iowa Code section 600B. 37 applies if the order was issued outside of a divorce. The party who brings the contempt action has the burden to prove the other parent willfully did not follow the order.
Iowa law provides a number of measures for enforcing compliance with a child support order, including income withholding, garnishment, liens, and contempt of court. If a parent has not complied with a support order, it is the responsibility of the other parent to initiate steps to enforce.
If you want to file for divorce or are responding to a divorce your spouse has filed without using an attorney, you must use the forms in chapter 17 of the Iowa Court Rules. The forms are available free of charge on this website.
IT IS ORDERED that the Clerk issue notice to Respondent to appear. Respondent is ORDERED to appear to show cause as to why Respondent should not be held in contempt of Court as alleged in the application filed herein.