Title XV, JUDICIAL BRANCH AND JUDICIAL PROCEDURES (Ch. 595 - 686D)

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. [C51, §848; R60, §1416; C73, §4715; C97, §5629; C24, §12658; C27, 31, 35, §12667-a1…

The complainant shall charge the person named as defendant with being the father of the child. [C51, §848; R60, §1416; C73, §4715; C97, §5629; C24, §12658; C27, 31, 35, §12667-a14; C39, § 12667.14; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §675.14 ] C93, §600B.14

An original notice shall be issued as in other civil cases, which notice shall be served as in ordinary actions. [C51, §849; R60, §1417; C73, §4716; C97, §5630; C24, §12659; C27, 31, 35, §12667-a16; C39, § 12667.15; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §675.15 ] C93, …

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. [C51, §850; R60, §1418; C73, §4717; C…

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 dee…

The trial shall be by the court, and shall be conducted as in other civil cases. [C51, §851, 854; R60, §1419, 1422; C73, §4720; C97, §5634; C24, §12663; C27, 31, 35, §12667-a27; C39, § 12667.18; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §675.18 ] C93, §600B.18 97 Acts, ch …

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. [C73, §4719; C97, §5633; C24, §12662; C27, 31, 35, §12667-a28; C39, § 12667.19; C4…

The mother may recover from the father a reasonable share of the necessary support of the child. [C27, 31, 35, §12667-a2; C39, § 12667.02; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §675.2 ] C93, §600B.2

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. [C27, 31, 35, §12667-a29; C39, § 12667.20; C46, 50, 54, 58, 62, 66, 71, 73,…

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 ca…

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 the defendant were living, subject as regards the measure of support to the provision of section 600B.6 . [C27, 31, 35, §12667-a32; C39, …

If the finding of the court be in favor of the defendant the costs of the action shall be paid by the county. [C24, §12666; C27, 31, 35, §12667-a33; C39, § 12667.23; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §675.23 ] C93, §600B.23 97 Acts, ch 175, §206

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 t…

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 598.21B . The support obligation shall include support of the child between the a…

In a proceeding to determine custody or visitation, or to modify a paternity, custody, or visitation order under this chapter , the court may award the prevailing party reasonable attorney fees. 2007 Acts, ch 24, §1

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. [C27, 31, 35, §12667-a…

The trustee shall report to the court annually, or more often as directed by the court, the amounts received and paid over. [C27, 31, 35, §12667-a39; C39, § 12667.28; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §675.28 ] C93, §600B.28 2005 Acts, ch 3, §101

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 i…

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 custod…

1. If a proceeding is initiated in a court for an adoption involving the children of parents whose paternity, obligation for support, or custody determination has been determined under this chapter or for modification of a child support or custody order granted under this chapter…

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. [C27, 31, 35, §12667-a49; C39, § 12667.32; C46, …

1. An action to establish paternity and support under this chapter may be brought within the time limitations set forth in section 614.8 . 2. Notwithstanding subsection 1 , an action to establish paternity and support under this chapter may be brought concerning a person who was …

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 wedloc…

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…

If a party fails to comply with or violates the terms or conditions of an order made pursuant to this chapter , the party shall be held in contempt and 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 …

If an action is brought on the grounds that a party to an order made pursuant to this chapter is in default or contempt of the order, and the court determines that the party is in default or contempt of the order, the costs of the proceeding, including reasonable attorney fees, m…

1. If public assistance is provided by the department of health and 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 o…

For the purposes of this chapter , “child” means a person less than eighteen years of age. [ C81, §675.39 ] 87 Acts, ch 98, §2 C93, §600B.39

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 pr…

1. 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 …

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 tem…

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, except that if the mother and child previously submitted blood or g…

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 sec…

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. …

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 discharge…

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 regar…

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. [C27, 31, 35, §12667-a7; C39, § 12667.…

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 thr…

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 allege…