Iowa Code

Iowa Code § 598.23 (2026)

Contempt proceedings — alternatives to jail sentence

✓ current as of July 2026

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1. If a person against whom a temporary order or final decree has been entered willfully disobeys the order or decree, the person may be cited and punished by the court for contempt and be committed to the county jail for a period of time not to exceed thirty days for each offense. 2. The court may, as an alternative to punishment for contempt, make an order which, according to the subject matter of the order or decree involved, does the following: a. Withholds income under the terms and conditions of chapter 252D. b. Modifies visitation to compensate for lost visitation time or establishes joint custody for the child or transfers custody. c. Directs the parties to provide contact with the child through a neutral party or neutral site or center. d. Imposes sanctions or specific requirements or orders the parties to participate in mediation to enforce the joint custody provisions of the decree. [C24, 27, 31, 35, 39, §10482; C46, 50, 54, 58, 62, 66, §598.15; C71, 73, 75, 77, 79, 81, §598.23] 84 Acts, ch 1133, §1; 85 Acts, ch 67, §56; 85 Acts, ch 178, §9; 88 Acts, ch 1218, §9; 97 Acts, ch 175, §196, 197 Referred to in §96.3, 234.39, 598.22, 598.23A, 642.21\n\n 598.23A Contempt proceedings for provisions of support payments — activity governed by a license. 1. If a person against whom an order or decree for support has been entered pursuant

Tue Dec 09 22:00:11 2025 Iowa Code 2026, Chapter 598 (41, 1) 23 DISSOLUTION OF MARRIAGE AND DOMESTIC RELATIONS, §598.23A\n\nto this chapter or chapter 234, 252A, 252C, 252F, 600B, or any other support chapter, or a comparable chapter of another state or foreign country as defined in chapter 252K, fails to make payments or provide medical support pursuant to that order or decree, the person may be cited and punished by the court for contempt under section 598.23 or this section. Failure to comply with a seek employment order entered pursuant to section 252B.21 is evidence of willful failure to pay support. 2. If a person is cited for contempt, the court may do any of the following: a. Require the posting of a cash bond, within seven calendar days, in an amount equivalent to the current arrearages and an additional amount which is equivalent to at least twelve months of future support obligations. If the arrearages are not paid within three months of the hearing, the bond shall be automatically forfeited to cover payment of the full portion of the arrearages and the portion of the bond representing future support obligations shall be automatically forfeited to cover future support payments as payments become due. b. (1) Require the performance of community service work of up to twenty hours per week for six weeks for each finding of contempt. The contemnor may, at any time during the six-week period, apply to the court to be released from the community service work requirement under any of the following conditions: (a) The contemnor provides proof to the court that the contemnor is gainfully employed and submits to an order for income withholding pursuant to chapter 252D or to a court-ordered wage assignment. (b) The contemnor provides proof of payment of an amount equal to at least six months’ child support. The payment does not relieve the contemnor’s obligation for arrearages or future payments. (c) The contemnor provides proof to the court that, subsequent to entry of the order, the contemnor’s circumstances have so changed that the contemnor is no longer able to fulfill the terms of the community service order. (2) The contemnor shall keep a record of and provide the following information to the court at the court’s request, or to child support services created in section 252B.2, at the request of child support services, when child support services is providing enforcement services pursuant to chapter 252B: (a) The duties performed as community service during each week that the contemnor is subject to the community service requirements. (b) The number of hours of community service performed during each week that the contemnor is subject to the community service requirements. (c) The name, address, and telephone number of the person supervising or arranging for the performance of the community service. (3) The performance of community service does not relieve the contemnor of any unpaid accrued or accruing support obligation. c. Enjoin the contemnor from engaging in the exercise of any activity governed by a license. (1) If the court determines that an extreme hardship will result from the injunction, the court order may allow the contemnor to engage in the exercise of the activity governed by the license, subject to terms established by the court, which shall include, at a minimum, that the contemnor enter into an agreement to satisfy all obligations owing over a period of time satisfactory to the court. (2) If the court order allows for the exercise of the activity governed by a license pending satisfaction of an obligation over time, and the contemnor fails to comply with the agreement, the contemnor shall be provided an opportunity for hearing, within ten days, to demonstrate why an order enjoining the contemnor from engaging in the exercise of any activity governed by a license should not be issued. (3) The court order under this paragraph shall be vacated only after verification is provided to the court that the contemnor has satisfied all accrued obligations owing and that the contemnor has satisfied all terms established by the court and when the person entitled to receive support payments, or child support services when child support services is providing enforcement services pursuant to chapter 252B, has been provided ten days’ notice and an opportunity to object.

Tue Dec 09 22:00:11 2025 Iowa Code 2026, Chapter 598 (41, 1) §598.23A, DISSOLUTION OF MARRIAGE AND DOMESTIC RELATIONS 24\n\n (4) As used in this paragraph, “license” means any license or renewal of a license, certification, or registration issued by an agency to a person to conduct a trade or business, including but not limited to a license to practice a profession or occupation or to operate a commercial motor vehicle. 92 Acts, ch 1195, §510; 93 Acts, ch 79, §27 – 29; 94 Acts, ch 1101, §9, 10; 2015 Acts, ch 110, §115; 2023 Acts, ch 19, §1240, 1241 Referred to in §85.59, 252B.21, 252J.2, 669.2, 815.11

Notes of Decisions

Cited in 109 cases (19 in the last 5 years), 1978–2026 · leading case: McNabb v. Osmundson, 315 N.W.2d 9 (Iowa 1982).

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McNabb v. Osmundson, 315 N.W.2d 9 (Iowa 1982). · cites it 34× “In this proceeding McNabb raises three issues: (1) Is an indigent faced with the possibility of incarceration for contempt for not paying child support entitled to court-appointed counsel under the United States Constitution? (2) Should a contempt order and sentence…”

Phillips v. Iowa Dist. Court for Johnson Cnty., 380 N.W.2d 706 (Iowa 1986). · cites it 18× “Plaintiff contends (1) that a purpose of this contempt proceeding was to punish her for violating the decree, therefore contempt must be proved beyond a reasonable doubt to satisfy due process, and (2) that the contempt order violated Iowa Code section 598.23 (1985) because it…”

Ickowitz v. Iowa Dist. Court for Polk Cnty., 452 N.W.2d 446 (Iowa 1990). · cites it 36× “In so doing, that court relied on the italicized language in the following quotation from Greene : We further hold that where commitment is withheld in contempt proceedings under section 598.23, a subsequent issue of commitment is not proper absent findings that the offending…”

Amro v. Iowa Dist. Court for Story Cnty., 429 N.W.2d 135 (Iowa 1988). · cites it 12× “4 have a counterpart in section 598.23. Section 665.5, which authorizes incarceration in order to compel performance, does not have a counterpart in chapter 598.”

Erika L. Spitz F/K/A Erika L. Gentz v. Iowa Dist. Court for Mitchell Cnty., 881 N.W.2d 456 (Iowa 2016). · cites it 8× “Iowa Code § 598.23 (2013). 3 . The district judge presiding over this hearing was the same judge who had conducted all the 2013 contempt hearings and who had entered the September 25 and October 15, 2013 contempt rulings.”

Skinner v. Ruigh, 351 N.W.2d 182 (Iowa 1984). · cites it 14× “Skinner to be in contempt and sentenced him under Iowa Code section 598.23 (1983) for nonpayment of court-ordered child support.”

Greene v. Dist. Court of Polk Cnty., 342 N.W.2d 818 (Iowa 1983). · cites it 12× “We have recognized that the jail sentence imposed for willful nonpayment of child support under Iowa Code section 598.23 makes this contempt procedure criminal in nature.”

Ary v. Iowa Dist. Court for Benton Cnty., 735 N.W.2d 621 (Iowa 2007). · cites it 4× “The Code provides: *627 If a person against whom a temporary-order or final decree has been entered willfully disobeys the order or decree, the person may be cited and punished by the court for contempt and be committed to the county jail for a period of time not to exceed…”

Christensen v. Iowa Dist. Court for Polk Cnty., 578 N.W.2d 675 (Iowa 1998). · cites it 6× “See Iowa Code § 598.23 (1) (authorizing the district court to punish a person who willfully disobeys an order or decree by committing the person “to the county jail for a period of time not to exceed thirty days for each offense”) (emphasis added); Ickowitz v.”

DeKlotz v. Ford, 332 N.W.2d 110 (Iowa Ct. App. 1982). · cites it 26× “2d 9 (Iowa 1982), a case involving an application for contempt for a father's failure to pay child support, the court stated that an application for contempt of this nature is governed by section 598.23. Id. at 11 . The court rejected the traditional civil/criminal distinction…”

Johnson v. Iowa Dist. Court for Mahaska Cnty., 385 N.W.2d 562 (Iowa 1986). · cites it 12× “Ruigh, 351 N.W.2d 182, 184 (Iowa 1984) (In a contempt case arising out of a child support order, procedure of chapter 665 is to be used, but the punishment is that prescribed by section 598.”

In Re the Marriage of Anderson, 451 N.W.2d 187 (Iowa Ct. App. 1989). · cites it 11× “Iowa Code § 598.23 (1) (1987). In this context, a finding of willful disobedience requires evidence of conduct which is intentional and deliberate or is contrary to a known duty.”

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— Iowa Code § 598.23(1) — 18 cases

Ickowitz v. Iowa Dist. Court for Polk Cnty., 452 N.W.2d 446 (Iowa 1990). “In so doing, that court relied on the italicized language in the following quotation from Greene : We further hold that where commitment is withheld in contempt proceedings under section 598.23, a subsequent issue of commitment is not proper absent findings that the offending…”

Christensen v. Iowa Dist. Court for Polk Cnty., 578 N.W.2d 675 (Iowa 1998). “See Iowa Code § 598.23 (1) (authorizing the district court to punish a person who willfully disobeys an order or decree by committing the person “to the county jail for a period of time not to exceed thirty days for each offense”) (emphasis added); Ickowitz v.”

Amro v. Iowa Dist. Court for Story Cnty., 429 N.W.2d 135 (Iowa 1988). “4 have a counterpart in section 598.23. Section 665.5, which authorizes incarceration in order to compel performance, does not have a counterpart in chapter 598.”

Johnson v. Iowa Dist. Court for Mahaska Cnty., 385 N.W.2d 562 (Iowa 1986). “Ruigh, 351 N.W.2d 182, 184 (Iowa 1984) (In a contempt case arising out of a child support order, procedure of chapter 665 is to be used, but the punishment is that prescribed by section 598.”

Scully v. Iowa Dist. Court for Polk Cnty., 489 N.W.2d 389 (Iowa 1992).

— Iowa Code § 598.23(2) — 3 cases

In re the Marriage of Darville (Iowa Ct. App. 2026).

State of Iowa v. Thomas Nathaniel Keith (Iowa Ct. App. 2018).

In re Jacobson, 918 N.W.2d 501 (Iowa Ct. App. 2018).

— Iowa Code § 598.23(2)(a) — 1 case

Michael Terry v. Iowa Dist. Court for Polk Cnty., 922 N.W.2d 105 (Iowa Ct. App. 2018).

— Iowa Code § 598.23(2)(b) — 2 cases

Kirk v. Iowa Dist. Court for Jefferson Cnty., 508 N.W.2d 105 (Iowa Ct. App. 1993).

Hesse v. Dist. Court (Iowa Ct. App. 2024).

— Iowa Code § 598.23(2)(d) — 2 cases

Michael Terry v. Iowa Dist. Court for Polk Cnty., 922 N.W.2d 105 (Iowa Ct. App. 2018).

In re the Marriage of Darville (Iowa Ct. App. 2026).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.