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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.
POINTS AND AUTHORITY Section 598.19 of the Iowa Code allows the Court to waive the 90 day waiting period if the request is supported by an affidavit setting forth grounds of emergency or necessity and facts that satisfy the Court that immediate action is warranted to protect the rights or interests of any party or ...
The purpose of the pretrial conference is to verify that this documentation (affidavit of financial status, child support guidelines worksheet, Children in the Middle certificate, and Iowa Center for Children's Justice workshop certificate) have been filed, if applicable, and to identify the contested issues for trial.
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.
If contempt is found, the court issues an order that may require incarceration, payment of support, posting of a bond and/or community service. The court may also prohibit a person ordered to pay support from practicing a profession or occupation under a license.
Before punishing for contempt, unless the offender is already in the presence of the court, the offender must be served personally with an order to show cause against the punishment, and a reasonable time given the offender therefor; or the offender may be brought before the court forthwith, or on a given day, by ...
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.
There is no set age for when a judge will take a child's preference into account. If a child is exceptionally young or if they seem to have been swayed by a parent or relative, their preference will not be considered.