Paternity Case Package - Establishment of Paternity
Note: This summary is not intended to be an all
inclusive discussion of the law applicable to an action to establish Paternity
in the State of Iowa, but does include basic and other provisions.
Statutes:
Iowa Code
TITLE XV JUDICIAL BRANCH AND JUDICIAL PROCEDURES
SUBTITLE 1 DOMESTIC RELATIONS
CHAPTER 600B PATERNITY AND OBLIGATION FOR SUPPORT
Obligation of parents. (1993)
The parents of a child born out of wedlock and not legitimized
(in this chapter referred to as "the child") owe the child necessary maintenance,
education, and support. They are also liable for the child's funeral expenses.
The father is also liable to pay the expense of the mother's pregnancy
and confinement. The obligation of the parent to support the child under
the laws for the support of poor relatives applies to children born out
of wedlock.
Title XV, Subtitle 1, Ch. 600B, §600B.1
Recovery by mother from father. (1993)
The mother may recover from the father a reasonable share of the
necessary support of the child.
Title XV, Subtitle 1, Ch. 600B, §600B.2
Reserved.
Title XV, Subtitle 1, Ch. 600B, §600B.3
Recovery by others than mother. (1993)
The obligation of the father as hereby provided creates also a
cause of action on behalf of the legal representative of the mother, or
on behalf of third persons furnishing support or defraying the reasonable
expenses thereof, where paternity has been judicially established by proceedings
brought by the mother or by or on behalf of the child or by the authorities
charged with its support, or where paternity has been acknowledged by the
father in writing or by the part performance of the obligations imposed
upon him.
Title XV, Subtitle 1, Ch. 600B, §600B.4
Discharge of father's obligation. (1993)
The obligation of the father other than that under the laws providing
for the support of poor relatives is discharged by complying with a judicial
decree for support or with the terms of a judicially approved settlement.
The legal adoption of a child into another family discharges the obligation
for the period subsequent to the adoption, unless the adoption was fraudulently
induced and the adoptive father's parental rights have been terminated
and the order terminating the biological father's parental rights has been
vacated in accordance with the procedures set out in section 600A.9, subsection
3.
Title XV, Subtitle 1, Ch. 600B, §600B.5
Liability of the father's estate. (1994)
The obligation of the father, when his paternity has been judicially
established in his lifetime, or has been acknowledged by him in writing
or by the part performance of his obligations, is enforceable against his
estate in such an amount as the court may determine, having regard to the
age of the child, the ability of the mother to support it, the amount of
property left by the father, the number, age, and financial condition of
the lawful issue, if any, and the rights of the widow, if any. The court
may direct the discharge of the obligation by periodical payments or by
the payment of a lump sum.
Title XV, Subtitle 1, Ch. 600B, §600B.6
Proceedings to establish paternity. (1993)
Proceedings to establish paternity and to compel support by the
father may be brought in accordance with the provisions of this chapter.
They shall not be exclusive of other proceedings that may be available
on principles of law and equity.
Title XV, Subtitle 1, Ch. 600B, §600B.7
Who may institute proceedings. (1993)
The proceedings may be brought by the mother, or other interested
person, or if the child is or is likely to be a public charge, by the authorities
charged with its support. After the death of the mother or in case of her
disability, it may also be brought by the child acting through its guardian
or next friend.
Title XV, Subtitle 1, Ch. 600B, §600B.8
Time of instituting proceedings. (1993)
The proceedings may be instituted during the pregnancy of the mother
or after the birth of the child, but, except with the consent of all parties,
the trial shall not be held until after the birth of the child and shall
be held no earlier than twenty days from the date the alleged father is
served with notice of the action or, if blood or genetic tests are conducted,
no earlier than thirty days from the date the test results are filed with
the clerk of the district court as provided under section 600B.41.
Title XV, Subtitle 1, Ch. 600B, §600B.9
Venue. (1997)
The action shall be by ordinary proceedings entitled in the name
of the complainant against the defendant and shall be brought in the district
court in the county in which the alleged father is permanently or temporarily
resident, or in which the mother or the child resides or is found.
Title XV, Subtitle 1, Ch. 600B, §600B.10
Nonresident complainant. (1993)
It is not a bar to the jurisdiction of the court, that the complaining
mother or child resides in another state.
Title XV, Subtitle 1, Ch. 600B, §600B.11
Complaint--where brought. (1993)
The complaint may be made to the county attorney.
Title XV, Subtitle 1, Ch. 600B, §600B.12
Form of complaint--verification. (1993)
The complaint may be made in writing, or oral and in the presence
of the complainant reduced to writing by the prosecuting attorney. It shall
be verified by oath or affirmation of the complainant.
Title XV, Subtitle 1, Ch. 600B, §600B.13
Substance of complaint. (1993)
The complainant shall charge the person named as defendant with
being the father of the child.
Title XV, Subtitle 1, Ch. 600B, §600B.14
Original notice. (1993)
An original notice shall be issued as in other civil cases, which
notice shall be served as in ordinary actions.
Title XV, Subtitle 1, Ch. 600B, §600B.15
Lis pendens. (1993)
From the time of the filing of such complaint, a lien shall be
created upon the real property of the accused in the county where the action
is pending for the payment of any money and the performance of any order
adjudged by the proper court.
Title XV, Subtitle 1, Ch. 600B, §600B.16
Writ of attachment. (1993)
The district court may order an attachment to issue thereon without
bond, which order shall specify the amount of property to be seized thereunder,
and may be revoked at any time by such court on a showing made for a revocation
of the same, and on such terms as such court may deem proper in the premises.
Title XV, Subtitle 1, Ch. 600B, §600B.17
Method of trial. (1997)
The trial shall be by the court, and shall be conducted as in other
civil cases.
Title XV, Subtitle 1, Ch. 600B, §600B.18
County attorney to prosecute. (1993)
The county attorney, on being notified of the facts justifying
a complaint as provided in this chapter, or of the filing of such complaint,
shall prosecute the matter in behalf of the complainant.
Title XV, Subtitle 1, Ch. 600B, §600B.19
Exclusion of bystanders. (1993)
Unless objection is raised by either party to the action the judge
shall exclude from the hearing all persons except the employees of the
court, witnesses, and immediate relatives of the parties involved.
Title XV, Subtitle 1, Ch. 600B, §600B.20
Death, absence or mental illness of mother--testimony receivable.
(1993)
If after the complaint the mother dies or becomes mentally ill
or cannot be found within the jurisdiction, the proceeding does not abate,
but the child shall be substituted as complainant. The testimony of the
mother taken by deposition as in other civil cases, may in any such case
be read as evidence and in all cases shall be read as evidence if demanded
by the defendant.
Title XV, Subtitle 1, Ch. 600B, §600B.21
Death of defendant. (1993)
In case of the death of the defendant the action may be prosecuted
against the personal representative of the deceased with like effects as
if he were living, subject as regards the measure of support to the provision
of section 600B.6.
Title XV, Subtitle 1, Ch. 600B, §600B.22
Costs payable by county. (1997)
If the finding of the court be in favor of the defendant the costs
of the action shall be paid by the county.
Title XV, Subtitle 1, Ch. 600B, §600B.23
Judgment in general. (1997)
1. If the defendant, after being served with notice
as required under section 600B.15, fails to timely respond to the notice,
or to appear for blood or genetic tests pursuant to a court or administrative
order, or to appear at a scheduled hearing after being provided notice
of the hearing, the court shall find the defendant in default and enter
a default judgment.
2. Upon a finding of paternity against the defendant, the
court shall enter a judgment against the defendant declaring paternity
and ordering support of the child.
Title XV, Subtitle 1, Ch. 600B, §600B.24
Form of judgment--contents of support order--evidence--costs.
(1997)
1. Upon a finding of paternity pursuant to section
600B.24, the court shall establish the father's monthly support payment
and the amount of the support debt accrued or accruing pursuant to section
598.21, subsection 4, until the child reaches majority or until the child
finishes high school, if after majority. The court may order the father
to pay amounts the court deems appropriate for the past support and maintenance
of the child and for the reasonable and necessary expenses incurred by
or for the mother in connection with prenatal care, the birth of the child,
and postnatal care of the child and the mother, and other medical support
as defined in section 252E.1. The court may award the prevailing party
the reasonable costs of suit, including but not limited to reasonable attorney
fees.
2. A copy of a bill for the costs of prenatal care or the
birth of the child shall be admitted as evidence, without requiring third-party
foundation testimony, and shall constitute prima facie evidence of amounts
incurred.
Title XV, Subtitle 1, Ch. 600B, §600B.25
Reserved.
Title XV, Subtitle 1, Ch. 600B, §600B.26
Payment to trustees. (1993)
The court may require the payment to be made to the mother, or
to some person or corporation to be designated by the court as trustee.
The payments shall be directed to be made to a trustee if the mother does
not reside within the jurisdiction of the court.
Title XV, Subtitle 1, Ch. 600B, §600B.27
Report by trustee. (1993)
The trustee shall report to the court annually, or oftener as directed
by the court, the amounts received and paid over.
Title XV, Subtitle 1, Ch. 600B, §600B.28
Desertion statute applicable. (1993)
The provisions of sections 726.3 through 726.5 relating to desertion
and abandonment of children, have the same effect in cases of illegitimacy
where paternity has been judicially established, or has been acknowledged
by the father in writing or by the furnishing of support, as in cases of
children born in wedlock.
Title XV, Subtitle 1, Ch. 600B, §600B.29
Agreement or compromise. (1997)
Repealed by 97 Acts, ch 175, §217.
Title XV, Subtitle 1, Ch. 600B, §600B.30
Continuing jurisdiction. (1996)
Subject to 28 U.S.C. § 1738B, the court has continuing jurisdiction
over proceedings brought to compel support and to increase or decrease
the amount thereof until the judgment of the court has been completely
satisfied, and also has continuing jurisdiction to determine the custody
in accordance with the interests of the child.
Title XV, Subtitle 1, Ch. 600B, §600B.31
Concurrence of remedies. (1993)
A criminal prosecution shall not be a bar to, or be barred by,
civil proceedings to compel support; but money paid toward the support
of the child shall be allowed for and accredited in determining or enforcing
any civil liability.
Title XV, Subtitle 1, Ch. 600B, §600B.32
Limitations of actions. (1993)
1. An action to establish paternity and support under
this chapter may be brought within the time limitations set forth in section
614.8. [one year after child attains age of majority]
2. Notwithstanding subsection 1, an action to establish paternity
and support under this chapter may be brought concerning a person who was
under age eighteen on August 16, 1984, regardless of whether any prior
action was dismissed because a statute of limitations of less than eighteen
years was then in effect. Such an action may be brought within the time
limitations set forth in section 614.8, or until July 2, 1992, whichever
is later.
Title XV, Subtitle 1, Ch. 600B, §600B.33
Foreign judgments. (1997)
Repealed by 97 Acts, ch 175, §220, 221. See chapter
252K.
Title XV, Subtitle 1, Ch. 600B, §600B.34
Reference to illegitimacy prohibited. (1994)
In all records, certificates, or other papers made or executed,
other than birth records and certificates or records of judicial proceedings
in which the question of birth out of wedlock is at issue, requiring a
declaration by or notice to the mother of a child born out of wedlock,
it shall be sufficient for all purposes to refer to the mother as the parent
having the sole custody of the child or to the child as being in the sole
custody of the mother and no explicit reference shall be made to illegitimacy,
and the term biological shall be deemed equivalent to the term illegitimate
when referring to parentage or birth out of wedlock.
Title XV, Subtitle 1, Ch. 600B, §600B.35
Report to registrar of vital statistics. (1994)
Upon the entry of a judgment determining the paternity of a child
the clerk of the district court shall notify in writing the state registrar
of vital statistics of the name of the person against whom such judgment
has been entered, together with such other facts disclosed by the records
as may assist in identifying the record of the birth of the child as the
same may appear in the office of said registrar. If such judgment shall
thereafter be vacated that fact shall be reported by the clerk in the same
manner.
Title XV, Subtitle 1, Ch. 600B, §600B.36
Contempt. (1993)
If the father fails to comply with or violates the terms or conditions
of a support order made pursuant to the provisions of this chapter, he
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 in any other suit or
proceeding cognizable by such court.
Title XV, Subtitle 1, Ch. 600B, §600B.37
Recipients of public assistance--assignment of support payments.
(1997)
If public assistance is provided by the department of human services
to or on behalf of a dependent child or a dependent child's caretaker,
there is an assignment by operation of law to the department of any and
all rights in, title to, and interest in any support obligation, payment,
and arrearages owed to or on behalf of the child or caretaker, not to exceed
the amount of public assistance paid for or on behalf of the child or caretaker.
The department shall immediately notify the clerk of court by mail when
such a child or caretaker has been determined to be eligible for public
assistance. Upon notification by the department, the clerk of court shall
make a notation of the automatic assignment in the judgment docket and
lien index. The notation constitutes constructive notice of the assignment.
For public assistance approved and provided on or after July 1, 1997, if
the applicant for public assistance is a person other than a parent of
the child, the department shall send notice by regular mail to the last
known addresses of the obligee and obligor. The clerk of court shall forward
support payments received pursuant to section 600B.25, to which the department
is entitled, to the department, which may secure support payments in default
through other proceedings. The clerk shall furnish the department with
copies of all orders or decrees and temporary or domestic abuse orders
addressing support when the parties are receiving public assistance or
services are otherwise provided by the child support recovery unit. Unless
otherwise specified in the order, an equal and proportionate share of any
child support awarded shall be presumed to be payable on behalf of each
child subject to the order or judgment for purposes of an assignment under
this section.
Title XV, Subtitle 1, Ch. 600B, §600B.38
"Child" defined. (1993)
For the purposes of this chapter, "child" means a person less than
eighteen years of age.
Title XV, Subtitle 1, Ch. 600B, §600B.39
Custody and visitation. (1995)
The mother of a child born out of wedlock whose paternity has not
been acknowledged and who has not been adopted has sole custody of the
child unless the court orders otherwise. If a judgment of paternity is
entered, the father may petition for rights of visitation or custody in
an equity proceeding separate from any action to establish paternity.
In determining the visitation or custody arrangements of a child
born out of wedlock, if a judgment of paternity is entered and the mother
of the child has not been awarded sole custody, section 598.41 shall apply
to the determination, as applicable, and the court shall consider the factors
specified in section 598.41, subsection 3, including but not limited to
the factor related to a parent's history of domestic abuse.
Title XV, Subtitle 1, Ch. 600B, §600B.40
Temporary orders--support, custody, or visitation of a child.
(1997)
Upon petition of either parent in a proceeding involving support,
custody, or visitation of a child for whom paternity has been established
and whose mother and father have not been and are not married to each other
at the time of filing of the petition, the court may issue a temporary
order for support, custody, or visitation of the child. The temporary orders
shall be made in accordance with the provisions relating to issuance of
and changes in temporary orders for support, custody, or visitation of
a child by the court in a dissolution of marriage proceeding pursuant to
chapter 598.
Title XV, Subtitle 1, Ch. 600B, §600B.40A
Blood and genetic tests. (1997)
1. In a proceeding to establish paternity in law
or in equity the court may on its own motion, and upon request of a party
shall, require the child, mother, and alleged father to submit to blood
or genetic tests.
2. If a blood or genetic test is required, the court shall
direct that inherited characteristics be determined by appropriate testing
procedures, and shall appoint an expert qualified as an examiner of genetic
markers to analyze and interpret the results and to report to the court.
Appropriate testing procedures shall include any genetic test generally
acknowledged as reliable by accreditation bodies designated by the secretary
of the United States department of health and human services and which
are performed by a laboratory approved by such an accreditation body.
3. Verified documentation of the chain of custody of the
blood or genetic specimen is competent evidence to establish the chain
of custody. The testimony of the court-appointed expert at trial is not
required.
4. A verified expert's report shall be admitted at trial.
A copy of a bill for blood or genetic testing shall be admitted as evidence,
without requiring third-party foundation testimony, and shall constitute
prima facie evidence of amounts incurred for blood or genetic testing.
5. The results of the tests shall have the following effects:
a. Test results which show a statistical probability
of paternity are admissible. To challenge the test results, a party shall
file a notice of the challenge, with the court, no later than twenty days
after the filing of the expert's report with the clerk of the district
court.
(1) Any subsequent rescheduling or continuances of
the originally scheduled hearing shall not extend the original time frame.
(2) Any challenge filed after the time frame is not acceptable
or admissible by the court.
(3) If a challenge is not timely filed, the test results
shall be admitted as evidence of paternity without the need of additional
proof of authenticity or accuracy.
b. If the expert concludes that the test results show that the
alleged father is not excluded and that the probability of the alleged
father's paternity is ninety-five percent or higher, there shall be a rebuttable
presumption that the alleged father is the father, and this evidence must
be admitted.
(1) To challenge this presumption of paternity, a
party must file a notice of the challenge with the court within the time
frames prescribed in paragraph "a".
(2) The party challenging the presumption of the alleged
father's paternity has the burden of proving that the alleged father is
not the father of the child.
(3) The presumption of paternity can be rebutted only by
clear and convincing evidence.
c. If the expert concludes that the test results show that the
alleged father is not excluded and that the probability of the alleged
father's paternity is less than ninety-five percent, test results shall
be weighed along with other evidence of the alleged father's paternity.
To challenge the test results, a party must file a notice of the challenge
with the court within the time frames prescribed in paragraph "a".
6. If the results of the tests or the expert's analysis of inherited
characteristics is disputed in a timely fashion, the court, upon reasonable
request of a party, shall order that an additional test be made by the
same
laboratory or an independent laboratory at the expense of the party requesting
additional testing. When a subsequent test is conducted, all time frames
prescribed in this chapter associated with blood or genetic tests shall
apply to the most recently completed test.
7. All costs shall be paid by the parties or parents in proportions
and at times determined by the court, except as otherwise provided pursuant
to section 600B.41A.
Title XV, Subtitle 1, Ch. 600B, §600B.41
Actions to overcome paternity--applicability--conditions. (1998)
1. Paternity which is legally established may be
overcome as provided in this section if subsequent blood or genetic testing
indicates that the previously established father of a child is not the
biological father of the child. Unless otherwise provided in this section,
this section applies to the overcoming of paternity which has been established
according to any of the means provided in section 252A.3, subsection 8,
by operation of law when the established father and the mother of the child
are or were married to each other, or as determined by a court of this
state under any other applicable chapter.
2. This section does not apply to any of the following:
a. A paternity determination made in or by a foreign
jurisdiction or a paternity determination which has been made in or by
a foreign jurisdiction and registered in this state in accordance with
section 252A.18 or chapter 252K.
b. A paternity determination based upon a court or administrative
order if the order was entered based upon blood or genetic test results
which demonstrate that the alleged father was not excluded and that the
probability of the alleged father's paternity was ninety-five percent or
higher, unless the tests were conducted prior to July 1, 1992.
3. Establishment of paternity may be overcome under this section
if all of the following conditions are met:
a. The action to overcome paternity is filed with
the court prior to the child reaching majority.
(1) A petition to overcome paternity may be filed
only by the mother of the child, the established father of the child, the
child, or the legal representative of any of these parties.
(2) If paternity was established by court or administrative
order, a petition to overcome paternity shall be filed in the county in
which the order is filed.
(3) In all other determinations of paternity, a petition
to overcome paternity shall be filed in an appropriate county in accordance
with the rules of civil procedure.
b. The petition contains, at a minimum, all of the following:
(1) The legal name, age, and domicile, if any, of
the child.
(2) The names, residences, and domicile of the following:
(a) Living parents of the child.
(b) Guardian of the child.
(c) Custodian of the child.
(d) Guardian ad litem of the child.
(e) Petitioner.
(f) Person standing in the place of the parents of the child.
(3) A plain statement that the petitioner believes that the established
father is not the biological father of the child, any reasons for this
belief, and that the petitioner wishes to have the paternity determination
set aside.
(4) A plain statement explaining why the petitioner does
not know any of the information required under subparagraphs (1) and (2).
c. Notice of the action to overcome paternity is served on any
parent of the child not initiating the action and any assignee of the support
obligation, in accordance with the rules of civil procedure and in accordance
with the following:
(1) If enforcement services are being provided by
the child support recovery unit pursuant to chapter 252B, notice shall
also be served on the child support recovery unit.
(2) The responding party shall have twenty days from the
date of the service of the notice to file a written response with the court.
d. A guardian ad litem is appointed for the child.
e. Blood or genetic testing is conducted in accordance with
section 600B.41 or chapter 252F.
(1) Unless otherwise specified pursuant to subsection
2 or 9, blood or genetic testing shall be conducted in an action to overcome
the establishment of paternity.
(2) Unless otherwise specified in this section, section 600B.41
applies to blood or genetic tests conducted as the result of an action
brought to overcome paternity.
(3) The court may order additional testing to be conducted
by the expert or an independent expert in order to confirm a test upon
which an expert concludes that the established father is not the biological
father of the child.
f. The court finds all of the following:
(1) That the conclusion of the expert as disclosed
by the evidence based upon blood or genetic testing demonstrates that the
established father is not the biological father of the child.
(2) If paternity was established pursuant to section 252A.3A,
the signed affidavit was based on fraud, duress, or material mistake of
fact, as shown by the petitioner.
4. If the court finds that the establishment of paternity is
overcome, in accordance with all of the conditions prescribed, the court
shall enter an order which provides all of the following:
a. That the established father is relieved of any
and all future support obligations owed on behalf of the child from the
date that the order determining that the established father is not the
biological father is filed.
b. That any unpaid support due prior to the date the order
determining that the established father is not the biological father is
filed, is satisfied.
5. An action brought under this section shall be heard and decided
by the court, and shall not be subject to a jury trial.
6.
a. If the court determines that test results conducted
in accordance with section 600B.41 or chapter 252F exclude the established
father as the biological father, the court may dismiss the action to overcome
paternity and preserve the paternity determination only if all of the following
apply:
(1) The established father requests that paternity
be preserved and that the parent-child relationship, as defined in section
600A.2, be continued.
(2) The court finds that it is in the best interest of the
child to preserve paternity. In determining the best interest of the child,
the court shall consider all of the following:
(a) The age of the child.
(b) The length of time since the establishment of paternity.
(c) The previous relationship between the child and the established
father, including but not limited to the duration and frequency of any
time periods during which the child and established father resided in the
same household or engaged in a parent-child relationship as defined in
section 600A.2.
(d) The possibility that the child could benefit by establishing
the child's actual paternity.
(e) Additional factors which the court determines are relevant
to the individual situation.
(3) The biological father is a party to the action and does not
object to termination of the biological father's parental rights, or the
established father petitions the court for termination of the biological
father's parental rights and the court grants the petition pursuant to
chapter 600A.
b. If the court dismisses the action to overcome paternity and
preserves the paternity determination under this subsection, the court
shall enter an order establishing that the parent-child relationship exists
between the established father and the child, and including establishment
of a support obligation pursuant to section 598.21 and provision of custody
and visitation pursuant to section 598.41.
7.
a. For any order entered under this section on or
before May 21, 1997, in which the court's determination excludes the established
father as the biological father but dismisses the action to overcome paternity
and preserves paternity, the established father may petition the court
to issue an order which provides all of the following:
(1) That the parental rights of the established father
are terminated.
(2) That the established father is relieved of any and all
future support obligations owed on behalf of the child from the date the
order under this subsection is filed.
b. The established father may proceed pro se under this subsection.
The supreme court shall prescribe standard forms for use under this subsection
and shall distribute the forms to the clerks of the district court.
c. If a petition is filed pursuant to this section and notice
is served on any parent of the child not filing the petition and any assignee
of the support obligation, the court shall grant the petition.
8. The costs of testing, the fee of the guardian ad litem, and
all court costs shall be paid by the person bringing the action to overcome
paternity.
9. This section shall not be construed as a basis for termination
of an adoption decree or for discharging the obligation of an adoptive
father to an adoptive child pursuant to section 600B.5.
10. Unless specifically addressed in an order entered pursuant
to this section, provisions previously established by the court order regarding
custody or visitation of the child are unaffected by an action brought
under this section.
11. Participation of the child support recovery unit created
in section 252B.2 in an action brought under this section shall be limited
as follows:
a. The unit shall only participate in actions if
services are being provided by the unit pursuant to chapter 252B.
b. When services are being provided by the unit under chapter
252B, the unit may enter an administrative order for blood and genetic
tests pursuant to chapter 252F.
c. The unit is not responsible for or required to provide
for or assist in obtaining blood or genetic tests in any case in which
services are not being provided by the unit.
d. The unit is not responsible for the costs of blood or
genetic testing conducted pursuant to an action brought under this section.
e. Pursuant to section 252B.7, subsection 4, an attorney
employed by the unit represents the state in any action under this section.
The unit's attorney is not the legal representative of the mother, the
established father, or the child in any action brought under this section.
Title XV, Subtitle 1, Ch. 600B, §600B.41A
Security for payment of support--forfeiture. (1993)
Upon entry of an order for support or upon the failure of a father
to make payments pursuant to an order for support, the court may require
the father to provide security, a bond, or other guarantee which the court
determines is satisfactory to secure the payment of the support. Upon the
father's failure to pay the support under the order, the court may declare
the security, bond, or other guarantee forfeited.
Title XV, Subtitle 1, Ch. 600B, §600B.42