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. [C73, §2226; C97, §3177; C24, 27, 31, 35, 39, §10478; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §598.11] 85 Acts, ch 178, §5; 2005 Acts, ch 69, §33 \n
Notes of Decisions
In Re the Marriage of Denly, 590 N.W.2d 48 (Iowa 1999).
· cites it 12× “Iowa Code section 598.11 (1997) provides for the entry of temporary orders in dissolution proceedings, including orders for financial assistance such as support and maintenance and attorney fees, and orders regarding the temporary custody of any minor child affected by the…”
In Re the Marriage of Winegard, 257 N.W.2d 609 (Iowa 1977).
· cites it 6× “Initially John maintains Sally’s application and the court’s subsequent order resulted in an allowance for past legal services rendered in state and federal court which, John contends, is not contemplated by section 598.11, The Code, set out earlier herein.”
In Re the Marriage of Spiegel, 553 N.W.2d 309 (Iowa 1996).
· cites it 4× “There is express statutory authority under Iowa Code section 598.11 for a district court to award temporary spousal support, but this section is silent as to the power of our court to award alimony during appeal.”
In Re the Marriage of Martin, 681 N.W.2d 612 (Iowa 2004).
· cites it 4× “Attorney fees to enable a party to prosecute or defend an action to estab *620 lish and dissolve a common law marriage are allowable under section 598.11, as long as there is a fair presumption of the existence of a common law marriage, even if the court subsequently decrees…”
Thorn v. Kelley, 134 N.W.2d 545 (Iowa 1965).
· cites it 8× “So far as pertinent Code section 598.11 provides, “The court may order either party to pay the clerk a sum of money * * * to enable such'party to prosecute or'defend the action.”
Tel. Herald, Inc. v. City of Dubuque, 297 N.W.2d 529 (Iowa 1980).
· cites it 4× “" See generally In re Marriage of Jennerjohn, 203 N.W.2d 237, 245 (Iowa 1972). Iowa Rule of Criminal Procedure 26 permits an award of fees to counsel for an indigent for services "at every stage of the proceedings .”
Whitlock v. Iowa Dist. Court for Fayette Cnty., 497 N.W.2d 891 (Iowa 1993).
· cites it 6× “Respondent, Georgia Whitlock, relies on section 598.11, which states in part: The court may order either party to pay the clerk a sum of money for the separate support and maintenance of the other party and the children and to enable such party to prosecute or defend the action.”
McNabb v. Osmundson, 315 N.W.2d 9 (Iowa 1982).
· cites it 2× “The relevant provision of the statute declares: Prompt payment of sums required to be paid under sections 598.11 and 598.21 shall be the essence of such orders or judgments and the court may act pursuant to section 598.”
In Re the Marriage of Williams, 303 N.W.2d 160 (Iowa 1981).
· cites it 3× “Section 598.11, The Code, provides, “The court may order either party to pay the clerk a sum of money .”
Locke v. Locke, 246 N.W.2d 246 (Iowa 1976).
· cites it 2× ““Ordinarily, a litigant is not required to pay his opponent’s attorney fees, but under section 598.11, The Code, the court may order a litigant to pay the adverse party a sum ‘to enable such party to prosecute or *255 defend the action.”
Matter of Est. of Atwood, 577 N.W.2d 60 (Iowa Ct. App. 1998).
· cites it 12× “” The district court also rejected the ceremonial marriage theory because it did not construe section 598.11 as validating a marriage ceremony performed in the absence of a marriage license.”
In Re Marriage of Jennerjohn, 203 N.W.2d 237 (Iowa 1972).
· cites it 4× “Section 598.11, The Code. The court decreed dissolution of the marriage, awarded custody of the two minor children to petitioner and made "an equitable distribution" of the property of the parties valued at approximately $12,000.”
— Iowa Code § 598.11(1) — 3 cases
— Iowa Code § 598.11(2) — 1 case
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