Marriage In Iowa Law - Complete Results

Marriage in Iowa Law — Complete Results with Index An analysis of marriage as it relates to legal rights and responsibilities in the Iowa Code David S. Shafer [email protected] May 18, 2008

A computer analysis of Iowa laws was conducted to determine what role marriage plays in determining Iowans’ legal rights and responsibilities. The analysis involved programmatically retrieving and searching the complete text of the 2007 Iowa Code to identify where specific keywords related to marriage appeared. The results showed that marriage and related words appeared 1,817 times in the Iowa Code, across 547 sections and 193 chapters. These numbers suggest that marriage plays a crucial role in determining a wide range of Iowans’ legal rights and responsibilities, and that it would be difficult to create a separate system of domestic partnerships or civil unions granting equivalent rights and responsibilities to same-sex couples.

Marriage in Iowa Law (DRAFT)

2

GENERAL ASSEMBLY 2.40

MEMBERSHIP IN STATE INSURANCE PLANS In the event of the death of a former member of the general assembly who has elected to continue to be a member of a state health or medical group insurance plan, the surviving spouse of the former member whose insurance would otherwise terminate because of the death of the former member may elect to continue to be a member of such state health or medical group insurance plan by requesting continuation in writing to the finance officer within thirty-one days after the death of the former member. The surviving spouse of the former member shall pay the total premium for the state plan and shall have the same rights to change programs or coverage as state employees.

8A

DEPARTMENT OF ADMINISTRATIVE SERVICES 8A.504

SETOFF PROCEDURES g. Upon the timely request of a person liable to a state agency or of the spouse of that person and upon receipt of the full name and social security number of the person's spouse, a state agency shall notify the collection entity of the request to divide a jointly or commonly owned right to payment.

9H

CORPORATE OR PARTNERSHIP FARMING 9H.1

DEFINITIONS a. Founded for the purpose of farming and the ownership of agricultural land in which the majority of the voting stock is held by and the majority of the stockholders are persons related to each other as spouse, parent, grandparent, lineal ascendants of grandparents or their spouses and other lineal descendants of the grandparents or their spouses, or persons acting in a fiduciary capacity for persons so related; a. The limited liability company is founded for the purpose of farming and the ownership of agricultural land in which the majority of the members are persons related to each other as spouse, parent, grandparent, lineal ascendants of grandparents or their spouses and other lineal descendants of the grandparents or their spouses, or persons acting in a fiduciary capacity for persons so related. a. The limited partnership is formed for the purpose of farming and the ownership of agricultural land in which the general partner and a majority of the partnership interest is held by and the majority of limited partners are persons related to each other as spouse, parent, grandparent, lineal ascendants of grandparents or their spouses and other lineal descendants of the grandparents or their spouses, or persons acting in a fiduciary capacity for persons so related. a. In which a majority interest in the trust is held by and the majority of the beneficiaries are persons related to each other as spouse, parent, grandparent, lineal ascendants of grandparents or their spouses and other lineal descendants of the grandparents or their spouses, or persons acting in a fiduciary capacity for persons so related; and

10

AGRICULTURAL LANDHOLDING RESTRICTIONS 10.1

DEFINITIONS 20. "Qualified commodity share landlord" means a commodity share landlord, if the owner of the agricultural land was actively engaged in farming the land or a family member of the owner is or was actively engaged in farming the land, if the family member is related to the owner as a spouse, parent, grandparent, lineal ascendant of a grandparent or spouse, or other lineal descendant of a grandparent or spouse.

1

Marriage in Iowa Law (DRAFT)

15A

USE OF PUBLIC FUNDS TO AID ECONOMIC DEVELOPMENT 15A.1

ECONOMIC DEVELOPMENT -- PUBLIC PURPOSE -- ENVIRONMENTAL PROTECTION AND WASTE DISPOSAL REQUIREMENTS 4. A state agency shall disburse public moneys used for grants, loans, tax incentives, or other financial assistance for economic development without discrimination or without the use of terms or conditions which are more onerous than those regularly extended to persons of similar economic backgrounds and based on an applicant's age, color, creed, national origin, race, religion, marital status, sex, physical disability, or familial status.

15E

DEVELOPMENT ACTIVITIES 15E.42

DEFINITIONS 1. "Affiliate" means a spouse, child, or sibling of an investor or a corporation, partnership, or trust in which an investor has a controlling equity interest or in which an investor exercises management control.

16

IOWA FINANCE AUTHORITY 16.1

DEFINITIONS i. "Elderly families" means families of low or moderate income where the head of the household or the head's spouse is at least sixty-two years of age or older, or the surviving member of any such tenant family.

20

PUBLIC EMPLOYMENT RELATIONS (COLLECTIVE BARGAINING) 20.25

INTERNAL CONDUCT OF EMPLOYEE ORGANIZATIONS b. Business or financial interests of its officers and agents, their spouses, minor children, parents or otherwise, that conflict with the fiduciary obligation of such persons to the organization shall be prohibited.

22

EXAMINATION OF PUBLIC RECORDS (OPEN RECORDS) 22.7

CONFIDENTIAL RECORDS (4) When a pledge or donation is made expressly conditioned on receipt by the donor, or any person related to the donor by blood or marriage within the third degree of consanguinity, of any privilege, benefit, employment, program admission, or other special consideration from the government body, a description of any and all such consideration offered or given in exchange for the pledge or donation.

29A

MILITARY CODE 29A.90

DEFINITIONS 1. "Dependent" means the spouse and children of a service member or any other person dependent upon the service member for support.

29A.99

MAXIMUM RATE OF INTEREST 1. An obligation or liability bearing interest at a rate in excess of six percent per year that is incurred by a service member either individually or jointly with the service member's spouse before the service member enters military service shall not bear interest at a rate in excess of six percent per year during the service member's period of military service.

2

Marriage in Iowa Law (DRAFT)

35A

VETERANS AFFAIRS COMMISSION 35A.8

EXECUTIVE DIRECTOR -- TERM -- DUTIES -- VETERANS' BONUSES (4) The surviving unremarried widow or widower, child or children, mother, father, or person standing in loco parentis, in the order named and none other, of any deceased person, shall be paid the compensation that the deceased person would be entitled to pursuant to this subsection, if living, but if any person has died or shall die, or is disabled, from service-connected causes incurred during the period and in the area from which the person is entitled to receive compensation pursuant to this subsection, the person or the first survivor as designated by this subsection, and in the order named, shall be paid five hundred dollars, regardless of the length of service. (5) The surviving unremarried widow or widower, child or children, mother, father, or person standing in loco parentis, in the order named and none other, of any deceased person shall be paid the compensation that the deceased person would be entitled to pursuant to this subsection, if living.

35A.13

VETERANS TRUST FUND The moneys may be expended upon a majority vote of the commission membership for the benefit of veterans and the spouses and dependents of veterans, for any of the following purposes: 8. If the commission identifies other purposes for which the moneys appropriated under this section may be used for the benefit of veterans and the spouses and dependents of veterans, the commission shall submit recommendations for the addition of such purposes to the general assembly for review.

35A.15

HOME OWNERSHIP ASSISTANCE PROGRAM In the event an eligible member is deceased, the surviving spouse of the eligible member shall be eligible for assistance under the program, subject to the surviving spouse meeting the program's eligibility requirements other than the military service requirement.

35B

COUNTY COMMISSIONS OF VETERAN AFFAIRS 35B.13

BURIAL -- EXPENSES The commission is responsible for the interment in a suitable cemetery of the body of any veteran, as defined in section 35.1, or the spouse, surviving spouse, or child of the person, if the person has died without leaving sufficient means to defray the funeral expenses.

35B.14

COUNTY APPROPRIATION The board of supervisors of each county may appropriate moneys for the food, clothing, shelter, utilities, medical benefits, and funeral expenses of indigent veterans, as defined in section 35.1, and their indigent spouses, surviving spouses, and minor children not over eighteen years of age, having a legal residence in the county.

35D

VETERANS HOME 35D.1

PURPOSE OF HOME -- FOR WHOM MAINTAINED 1. The Iowa veterans home, located in Marshalltown, shall be maintained as a long-term health care facility providing multiple levels of care, with attendant health care services, for honorably discharged veterans and their dependent spouses and for surviving spouses of honorably discharged veterans.

35D.4

MARRIED COUPLES -- QUARTERS -- COTTAGES 1. When a married person is or becomes a member of the home, the spouse, if married to the person for at least one year and otherwise eligible under this chapter, may be admitted as a member of the home subject to the rules of the home. Veteran and spouse members may be permitted to occupy, together, cottages or other quarters on the grounds of the home.

3

Marriage in Iowa Law (DRAFT) 35D.5

SURVIVING SPOUSES OF VETERANS If a deceased veteran, who would be entitled to admission to the home if the deceased veteran were living, has left a surviving spouse, the spouse is entitled to admission to the home with the same rights, privileges and benefits as if the veteran were living and a member of the home, if the spouse was married to the veteran for at least one year immediately prior to the veteran's death, is found by the commandant to be disabled, does not have sufficient means for support and maintenance, and is a resident of the state of Iowa on the date of the application and immediately preceding the date the application is accepted.

35D.10

PAYMENT TO DEPENDENTS Except as otherwise provided in chapter 249A and other provisions of this chapter, a member of the home who receives a pension or compensation and who has a child, as defined in section 234.1, or a spouse who is dependent upon employment or others for support shall deposit with the commandant on receipt of the member's pension or compensation check one-half of its amount, which shall be sent at once to the spouse or, if there is no spouse, to the guardian of the child. The commandant, if satisfied that the spouse has deserted the member of the home, may pay the money deposited to the guardian of the child.

42

REDISTRICTING GENERAL ASSEMBLY AND CONGRESSIONAL DISTRICTS 42.1

DEFINITIONS 8. "Relative" means an individual who is related to the person in question as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, grandfather, grandmother, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother or half sister.

46

NOMINATION AND ELECTION OF JUDGES 46.14

NOMINATION For purposes of this subsection, "family member" means a spouse, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, father, mother, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister.

53

ABSENT VOTERS 53.37

DEFINITIONS a. Spouses and dependents of members of the armed forces while in active service. b. Members of the merchant marine of the United States and their spouses and dependents. c. Civilian employees of the United States in all categories serving outside the territorial limits of the several states of the United States and the District of Columbia and their spouses and dependents when residing with or accompanying them, whether or not the employee is subject to the civil service laws and the Classification Act of 1949, and whether or not paid from funds appropriated by the Congress. d. Members of religious groups or welfare agencies assisting members of the armed forces, who are officially attached to and serving with the armed forces, and their spouses and dependents.

53.40

REQUEST REQUIREMENTS -- TRANSMISSION OF BALLOT In the case of the general election, request may be made not more than seventy days before the election, for and on behalf of a voter in the armed forces of the United States by a spouse, parent, parent-in-law, adult brother, adult sister, or adult child of the voter, residing in the county of the voter's residence.

4

Marriage in Iowa Law (DRAFT)

68A

CAMPAIGN FINANCE 68A.303

TRANSFER OF CAMPAIGN FUNDS a. Contributions to charitable organizations unless the candidate or the candidate's spouse, child, stepchild, brother, brotherin-law, stepbrother, sister, sister-in-law, stepsister, parent, parent-in-law, or stepparent is employed by the charitable organization and will receive a direct financial benefit from a contribution.

68A.601

CHECKOFF -- INCOME TAX In the case of a joint return of husband and wife having a state income tax liability of three dollars or more, each spouse may direct that one dollar and fifty cents be paid to the fund.

68B

GOVERNMENT ETHICS AND LOBBYING 68B.2

DEFINITIONS 11. "Immediate family members" means the spouse and dependent children of a public official or public employee.

68B.22

GIFTS ACCEPTED OR RECEIVED c. Anything received from anyone related within the fourth degree by kinship or marriage, unless the donor is acting as an agent or intermediary for another person not so related. m. Gifts which are given to a public official or public employee for the public official's or public employee's wedding or twenty-fifth or fiftieth wedding anniversary.

70A

FINANCIAL AND OTHER PROVISIONS FOR PUBLIC OFFICERS AND EMPLOYEES 70A.1

SALARIES -- PAYMENT -- VACATIONS -- SICK LEAVE -- EDUCATIONAL LEAVE If an estate is not opened, the allowance shall be paid to the surviving spouse, if any, or to the legal heirs if no spouse survives.

70A.5

FEES PAYABLE IN ADVANCE 3. When the orders, judgments, or decrees of a court are to be entered, or performed in divorce-related matters including child support, temporary custody, restraining orders, and writs of habeas corpus.

70A.23

CREDIT FOR ACCRUED SICK LEAVE The benefits provided for in this subsection have no cash value and are not transferable to any other person, including the retiree's spouse.

85

WORKERS' COMPENSATION 85.1

INAPPLICABILITY OF CHAPTER For purposes of this subsection, "member of the household" is defined to be the spouse of the employer or relatives of either the employer or spouse residing on the premises of the employer. (1) The spouse of the employer, parents, brothers, sisters, children, and stepchildren of either the employer or the spouse of the employer, and the spouses of the brothers, sisters, children, and stepchildren of either the employer or the spouse of the employer. (2) The spouse of a partner of a partnership, the parents, brothers, sisters, children, and stepchildren of either a partner or the spouse of a partner, and the spouses of the brothers, sisters, children, and stepchildren of either a partner or the spouse of a partner, who are employed by the partnership and actually engaged in agricultural pursuits or operations immediately connected with the agricultural pursuits either on or off the premises of the partnership.

5

Marriage in Iowa Law (DRAFT) (3) Officers of a family farm corporation or members of a limited liability company, spouses of the officers or members, the parents, brothers, sisters, children, and stepchildren of either the officers or members, or the spouses of the officers or members, and the spouses of the brothers, sisters, children, and stepchildren of either the officers or members, or the spouses of the officers or members who are employed by the corporation or limited liability company, the primary purpose of which, although not necessarily the stated purpose, is farming or ownership of agricultural land, and who are actually engaged in agricultural pursuits or operations immediately connected with the agricultural pursuits either on or off the premises of the corporation or limited liability company.

85.31

DEATH CASES -- DEPENDENTS a. To the surviving spouse for life or until remarriage, provided that upon remarriage two years' benefits shall be paid to the surviving spouse in a lump sum, if there are no children entitled to benefits.

85.42

CONCLUSIVELY PRESUMED DEPENDENT 1. The surviving spouse, with the following exceptions: a. When it is shown that at the time of the injury the surviving spouse had willfully deserted deceased without fault of the deceased, then such survivor shall not be considered as dependent in any degree. b. When the surviving spouse was not married to the deceased at the time of the injury.

85.43

PAYMENT TO SPOUSE If the deceased employee leaves a surviving spouse qualified under the provisions of section 85.42, the full compensation shall be paid to the surviving spouse, as provided in section 85.31; provided that where a deceased employee leave a surviving spouse and a dependent child or children the workers' compensation commissioner may make an order of record for an equitable apportionment of the compensation payments. If the spouse dies, the benefits shall be paid to the person or persons wholly dependent on deceased, if any, share and share alike. If the deceased leaves dependent child or children who was or were such at the time of the injury, and the surviving spouse remarries, then and in such case, the payments shall be paid to the proper compensation trustee for the use and benefit of such dependent child or children for the period provided in section 85.31.

85.45

COMMUTATION 4. When a person seeking a commutation is a surviving spouse, an employee with a permanent and total disability, or a dependent who is entitled to benefits as provided in section 85.31, subsection 1, paragraphs "c" and "d", the future payments which may be commuted shall not exceed the number of weeks which shall be indicated by probability tables designated by the workers' compensation commissioner for death and remarriage, subject to the provisions of chapter 17A.

85A

OCCUPATIONAL DISEASE COMPENSATION 85A.7

LIMITATIONS AND EXCEPTIONS 2. No compensation for death because of an occupational disease shall be payable to any person whose relationship to the deceased employee arose subsequent to the beginning of the first compensable disability, except only after-born children of a marriage existing at the beginning of such disability.

91A

WAGE PAYMENT COLLECTION 91A.2

DEFINITIONS a. The spouse of the employer and relatives of either the employer or spouse residing on the premises of the employer.

b. A person engaged in agriculture as an owner-operator or tenant-operator and the spouse or relatives of either who reside on the premises while exchanging labor with the operator or for other mutual benefit of any and all such persons.

6

Marriage in Iowa Law (DRAFT)

96

EMPLOYMENT SECURITY == UNEMPLOYMENT COMPENSATION 96.3

PAYMENT -- DETERMINATION -- DURATION -- CHILD SUPPORT INTERCEPT As used in this section "dependent" means dependent as defined in section 422.12, subsection 1, paragraph "c", as if the individual claimant was a taxpayer, except that an individual claimant's nonworking spouse shall be deemed to be a dependent under this section. "Nonworking spouse" means a spouse who does not earn more than one hundred twenty dollars in gross wages in one week.

96.19

DEFINITIONS (5) Service performed by an individual in the employ of the individual's son, daughter, or spouse, and service performed by a child under the age of eighteen in the employ of the child's father or mother.

(6) Service performed in the employ of a school, college, or university if such service is performed by a student who is enrolled and is regularly attending classes at such school, college or university or by the spouse of such student, if such spouse is advised, at the time such spouse commences to perform such service, that the employment of such spouse to perform such service is provided under a program to provide financial assistance to such student by such school, college, or university, and such employment will not be covered by any program of unemployment insurance.

97

OLD=AGE AND SURVIVORS' INSURANCE SYSTEM 97.50

REPEAL OF PRIOR LAW -- RIGHTS PRESERVED Any individual who was as of June 30, 1953, a fully insured individual as defined in section 97.45, subsection 6, Code 1950, as amended, and who would be fully insured at age of sixty-five, on the basis of service prior to June 30, 1953, and who is as of June 30, 1953, under public employment, and also under coverage of a federal civil service retirement plan, shall be entitled to receive after reaching sixty-five years of age, provided the individual is no longer in public employment, not less than the same individual primary benefit the individual would have received under the provisions of section 97.13, Code 1950, as amended, had the individual been eligible for retirement as of that date, as though chapter 97, Code 1950, as amended, had not been repealed; and any wife, widow, child or other dependent of such individual would become entitled to any benefits as provided by chapter 97, Code 1950, as amended, after June 30, 1953, shall be entitled to receive benefits as provided by chapter 97, Code 1950, as though that chapter had not been repealed.

4. Any wife, widow, child, or other dependent of any fully insured individual who left employment or died prior to June 30, 1953, who would become entitled to any benefit as provided by chapter 97, Code 1950, as amended, after June 30, 1953, shall be entitled to receive benefits as provided by chapter 97, Code 1950, as amended, as though that chapter had not been repealed.

97.51

SPECIAL FUND CREATED -- REFUNDS 6. In the payment of any benefits in the future, as a result of the provisions of chapter 97, Code 1950, as amended, the system shall follow the same procedure as provided by chapter 97, Code 1950, as amended, as though said chapter had not been repealed, except the requirements of subsection 4, paragraph "a", and subsection 5 of section 97.21, Code 1950, shall not be applicable, but no primary benefit, based upon employment prior to June 30, 1953, shall be paid to any individual for any month during which the individual receives compensation for work in any position which would have been subject to coverage under the provisions of chapter 97, Code 1950, as amended, if the individual's earnings for such month exceed one hundred dollars, nor shall any benefit be paid to a wife or dependent of such employee for such months, except that after a retired member reaches the age of seventy-two years, the member, the member's wife and dependents shall be entitled to the benefits of this chapter regardless of the amount earned.

97A

PUBLIC SAFETY PEACE OFFICERS' RETIREMENT, ACCIDENT, AND DISABILITY SYSTEM 97A.1

DEFINITIONS OF WORDS AND PHRASES 17. "Surviving spouse" shall mean the surviving spouse or former spouse of a marriage solemnized prior to retirement of a deceased member from active service. Surviving spouse shall include a former spouse only if the division of assets in the dissolution of marriage decree pursuant to section 598.17 grants the former spouse rights of a spouse under this chapter.

7

Marriage in Iowa Law (DRAFT) If there is no surviving spouse of a marriage solemnized prior to retirement of a deceased member, surviving spouse includes a surviving spouse of a marriage of two years or more duration solemnized subsequent to retirement of the member.

97A.6

BENEFITS Notwithstanding section 97A.6, subsection 8, Code 1985, effective July 1, 1990, for a member's surviving spouse who, prior to July 1, 1986, elected to receive pension benefits under this paragraph, the monthly pension benefit shall be equal to the higher of one-twelfth of forty percent of the average final compensation of the member, or the amount the surviving spouse was receiving on July 1, 1990. (1) The spouse. (2) If there is no spouse, or if the spouse dies and there is a child of a member, then the guardian of the member's child or children, divided as the board of trustees determines, to continue as a joint and survivor pension until every child of the member dies or attains the age of eighteen, or twenty-two if applicable. (3) If there is no surviving spouse or child, then the member's dependent father or mother, or both, as the board of trustees determines, to continue until remarriage or death. a. A pension equal to one-half of the average final compensation of such member shall be paid to the surviving spouse, children or dependent parents as provided in paragraphs "c", "d", and "e" of subsection 8 of this section. b. If there is no surviving spouse, child, or dependent parent surviving a deceased member, the death shall be treated as an ordinary death case and the benefit payable under subsection 8, paragraph "a" of this section, in lieu of the pension provided in paragraph "a" of this subsection, shall be paid to the member's estate.

c. In addition to the benefits for the surviving spouse enumerated in this subsection, there shall also be paid for each child of a member a monthly pension equal to six percent of the monthly earnable compensation payable to an active member having the rank of senior patrol officer of the state patrol. 12. Pension to surviving spouse and children of deceased pensioned members. a. To the member's surviving spouse, equal to one-half the amount received by the deceased beneficiary, but in no instance less than an amount equal to twenty-five percent of the monthly earnable compensation paid to an active member having the rank of senior patrol officer of the state patrol, and in addition a monthly pension equal to the monthly pension payable under subsection 9, paragraph "c", of this section for each child under eighteen years of age or twenty-two years of age if applicable; or b. If the spouse dies either prior or subsequent to the death of the member, to the guardian of each surviving child, a monthly pension equal to the monthly pension payable under subsection 9, paragraph "c", of this section for the support of the child. The amount added to the monthly pension of a surviving spouse receiving a pension under subsection 12, paragraph "a", of this section shall be equal to one-half the amount that would have been added to the monthly pension of the retired member under this subparagraph. In the event that the rank or position held by the retired or deceased member at the time of retirement or death is subsequently abolished, adjustments in the pensions of the member or of the member's spouse or children shall be computed by the board of trustees as though such rank or position had not been abolished and salary increases had been granted to such rank or position on the same basis as increases granted to other ranks and positions in the department. 15. Remarriage of surviving spouse. Effective July 1, 1990, for a member who died prior to July 1, 1988, if the member's surviving spouse remarried prior to July 1, 1988, the remarriage does not make the spouse ineligible under subsection 8, paragraph "c", subparagraphs (1) and (2), to receive benefits under subsections 8, 9, 12, and 14.

97A.6A

OPTIONAL RETIREMENT BENEFITS If the member is married, the election of an option under this section requires the written acknowledgment of the member's spouse.

For the purpose of this section, "beneficiary" means a spouse, child, or a dependent parent.

97A.6B

ROLLOVERS OF MEMBERS' ACCOUNTS a. "Direct rollover" means a payment by the system to the eligible retirement plan specified by the member or the member's surviving spouse. b. "Eligible retirement plan" means either of the following that accepts an eligible rollover distribution from a member or a member's surviving spouse:

8

Marriage in Iowa Law (DRAFT) 2. Effective January 1, 1993, a member or a member's surviving spouse may elect, at the time and in the manner prescribed in rules adopted by the board of trustees, to have the system pay all or a portion of an eligible rollover distribution directly to an eligible retirement plan, specified by the member or the member's surviving spouse, in a direct rollover. If a member or a member's surviving spouse elects a partial direct rollover, the amount of funds elected for the partial direct rollover must equal or exceed five hundred dollars.

97A.12

EXEMPTION FROM EXECUTION AND OTHER PROCESS OR ASSIGNMENT -- EXCEPTIONS The right of any person to a pension, annuity, or retirement allowance, to the return of contributions, the pension, annuity, or retirement allowance itself, any optional benefit or death benefit, any other right accrued or accruing to any person under this chapter, and the moneys in the various funds created under this chapter, are not subject to execution, garnishment, attachment, or any other process whatsoever, and are unassignable except for the purposes of enforcing child, spousal, or medical support obligations or marital property orders, or as otherwise specifically provided in this chapter. For the purposes of enforcing child, spousal, or medical support obligations, the garnishment or attachment of or the execution against compensation due a person under this chapter shall not exceed the amount specified in 15 U.S.C.

97B

IOWA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (IPERS) 97B.39

RIGHTS NOT TRANSFERABLE OR SUBJECT TO LEGAL PROCESS -- EXCEPTIONS The right of any person to any future payment under this chapter is not transferable or assignable, at law or in equity, and the moneys paid or payable or rights existing under this chapter are not subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law except for the purposes of enforcing child, spousal, or medical support obligations or marital property orders. For the purposes of enforcing child, spousal, or medical support obligations, the garnishment or attachment of or the execution against compensation due a person under this chapter shall not exceed the amount specified in 15 U.S.C. The system shall comply with the provisions of a marital property order requiring the selection of a particular benefit option, designated beneficiary, or contingent annuitant if the selection is otherwise authorized by this chapter and the member has not received payment of the member's first retirement allowance. However, a marital property order shall not require the payment of benefits to an alternative payee prior to the member's retirement, prior to the date the member elects to receive a lump sum distribution of accumulated contributions pursuant to section 97B.53, or in an amount that exceeds the benefits the member would otherwise be eligible to receive pursuant to this chapter.

97B.44

BENEFICIARY A designation or change in designation made by a member on or after July 1, 2000, shall contain the written consent of the member's spouse, if applicable. However, the system may accept a married member's designation or change in designation under this section without the written consent of the member's spouse if the member submits a notarized statement indicating that the member has been unable to locate the member's spouse to obtain the written consent of the spouse after reasonable diligent efforts. The system shall not be liable to the member, the member's spouse, or to any other person affected by the member's designation or change of designation, based upon a designation or change of designation accomplished without the written consent of the member's spouse.

97B.51

ALLOWANCE UPON RETIREMENT If the member is married, election of an option under this section requires the written acknowledgment of the member's spouse. However, the system may accept a married member's election of a benefit option under this section without the written acknowledgment of the member's spouse if the member submits a notarized statement indicating that the member has been unable to locate the member's spouse to obtain the written acknowledgment of the spouse after reasonable diligent efforts. The system shall not be liable to the member, the member's spouse, or to any other person affected by the member's election of a benefit option, based upon an election of benefit option accomplished without the written acknowledgment of the member's spouse.

9

Marriage in Iowa Law (DRAFT) 97B.52

PAYMENT TO BENEFICIARY The system shall reinstate a designated beneficiary's right to receive a death benefit beyond the five-year limitation if the designated beneficiary was the member's spouse at the time of the member's death and the distribution is required or permitted pursuant to Internal Revenue Code section 401(a)(9) and the applicable treasury regulations. If the payments being waived are payable to the member's estate and an estate is not probated, the payments shall be paid to the deceased member's surviving spouse, or if there is no surviving spouse, to the member's heirs other than the beneficiary who waived the payments. If no designation has been filed and an estate is not probated, the death benefit shall be paid to the surviving spouse, if any. If no designation has been filed, no estate has been probated, and there is no surviving spouse, the death benefit shall be paid to the heirs as provided in this subsection.

97B.53B

ROLLOVERS OF MEMBERS' ACCOUNTS a. "Direct rollover" means a payment by the system to the eligible retirement plan specified by the member or the member's surviving spouse. b. "Eligible retirement plan" means either of the following that accepts an eligible rollover distribution from a member or a member's surviving spouse: (c) A distribution made on behalf of a surviving spouse and to an alternate payee, who is a spouse or former spouse, under a qualified domestic relations order.

2. Effective January 1, 1993, a member or a member's surviving spouse may elect, at the time and in the manner prescribed in rules adopted by the system, to have the system pay all or a portion of an eligible rollover distribution directly to an eligible retirement plan, specified by the member or the member's surviving spouse, in a direct rollover.

99D

PARI=MUTUEL WAGERING 99D.5

CREATION OF STATE RACING AND GAMING COMMISSION 6. A member, employee, or appointee of the commission, spouse of a member, employee, or appointee of the commission, or a family member related within the second degree of affinity or consanguinity to a member, employee, or appointee of the commission shall not do either of the following:

99G

IOWA LOTTERY AUTHORITY 99G.11

CONFLICTS OF INTEREST For purposes of this subsection, "member of their immediate family" means a spouse, child, stepchild, brother, brother-inlaw, stepbrother, sister, sister-in-law, stepsister, parent, parent-in-law, or step-parent of the board member, the officer, or other employee who resides in the same household in the same principal residence of the board member, officer, or other employee.

99G.31

PRIZES g. No ticket or share issued by the authority shall be purchased by and no prize shall be paid to any member of the board of directors; any officer or employee of the authority; or to any spouse, child, brother, sister, or parent residing as a member of the same household in the principal place of residence of any such person. h. No ticket or share issued by the authority shall be purchased by and no prize shall be paid to any officer, employee, agent, or subcontractor of any vendor or to any spouse, child, brother, sister, or parent residing as a member of the same household in the principal place of residence of any such person if such officer, employee, agent, or subcontractor has access to confidential information which may compromise the integrity of the lottery.

123

ALCOHOLIC BEVERAGE CONTROL 123.10

ADMINISTRATOR APPOINTED -- DUTIES The administrator, the administrator's spouse, and immediate family shall not have any interest in any distillery, winery, brewery, importer, permittee or licensee or any business which is subject to license or regulation pursuant to this chapter.

10

Marriage in Iowa Law (DRAFT) 123.39

SUSPENSION OR REVOCATION OF LICENSE OR PERMIT -- CIVIL PENALTY However, this section does not prohibit the premises from being relicensed to a new applicant before the suspension has terminated or before the time of suspension has elapsed or before ninety days have elapsed from the commencement of the suspension, if the premises prior to the time of the suspension had been purchased under contract, and the vendor under that contract had exercised the person's rights under chapter 656 and sold the property to a different person who is not related to the previous licensee or permittee by marriage or within the third degree of consanguinity or affinity and if the previous licensee or permittee does not have a financial interest in the business of the new applicant.

123.40

EFFECT OF REVOCATION A spouse or business associate holding ten percent or more of the capital stock or ownership interest in the business of a person whose license or permit has been revoked shall not be issued a liquor control license, wine permit, or beer permit, and no liquor control license, wine permit, or beer permit shall be issued which covers any business in which such person has a financial interest for a period of two years from the date of revocation.

123A

BEER BREWERS AND WHOLESALERS 123A.2

DEFINITIONS 7. "Designated member" means a deceased wholesaler's spouse, child, grandchild, parent, brother, or sister, who is entitled to inherit the deceased wholesaler's ownership interest under the terms of the deceased wholesaler's will, other testamentary device, or the laws of intestate succession.

135

DEPARTMENT OF PUBLIC HEALTH 135.24

VOLUNTEER HEALTH CARE PROVIDER PROGRAM ESTABLISHED -- IMMUNITY FROM CIVIL LIABILITY d. "Health care provider" means a physician licensed under chapter 148, 150, or 150A, a chiropractor licensed under chapter 151, a physical therapist licensed pursuant to chapter 148A, an occupational therapist licensed pursuant to chapter 148B, a podiatrist licensed pursuant to chapter 149, a physician assistant licensed and practicing under a supervising physician pursuant to chapter 148C, a licensed practical nurse, a registered nurse, or an advanced registered nurse practitioner licensed pursuant to chapter 152 or 152E, a respiratory therapist licensed pursuant to chapter 152B, a dentist, dental hygienist, or dental assistant registered or licensed to practice under chapter 153, an optometrist licensed pursuant to chapter 154, a psychologist licensed pursuant to chapter 154B, a social worker licensed pursuant to chapter 154C, a mental health counselor or a marital and family therapist licensed pursuant to chapter 154D, a pharmacist licensed pursuant to chapter 155A, or an emergency medical care provider certified pursuant to chapter 147A.

135.37

TATTOOING -- PERMIT REQUIREMENT -- PENALTY For the purposes of this section, "minor" means an unmarried person who is under the age of eighteen years.

135.62

DEPARTMENT TO ADMINISTER DIVISION -- HEALTH FACILITIES COUNCIL ESTABLISHED -APPOINTMENTS -- POWERS AND DUTIES No member of the council, nor any spouse of a member, shall during the time that member is serving on the council:

135.108

DEFINITIONS a. The alleged or convicted perpetrator is related to the decedent as spouse, separated spouse, or former spouse. d. The alleged or convicted perpetrator and decedent are parents of the same minor child, whether they were married or lived together at any time.

135.109

IOWA DOMESTIC ABUSE DEATH REVIEW TEAM MEMBERSHIP l. An attorney licensed in this state who provides criminal defense assistance or child custody representation, and who has experience in dissolution of marriage proceedings.

11

Marriage in Iowa Law (DRAFT)

135C

HEALTH CARE FACILITIES 135C.31A

ASSESSMENT OF RESIDENTS -- PROGRAM ELIGIBILITY The rules shall also require the health care facility to request information from a resident or resident's personal representative regarding the resident's veteran status and to report to the Iowa department of veterans affairs only the names of residents identified as potential veterans along with the names of their spouses and any dependents.

135J

LICENSED HOSPICE PROGRAMS 135J.1

DEFINITIONS 4. "Hospice patient's family" means the immediate kin of the patient, including a spouse, parent, stepparent, brother, sister, stepbrother, stepsister, child, or stepchild.

135L

NOTIFICATION REQUIREMENTS REGARDING PREGNANT MINORS 135L.1

DEFINITIONS 7. "Minor" means a person under eighteen years of age who has not been and is not married.

135L.3

NOTIFICATION OF PARENT PRIOR TO THE PERFORMANCE OF ABORTION ON A PREGNANT MINOR -- REQUIREMENTS -- CRIMINAL PENALTY In appointing a guardian ad litem for the pregnant minor, the court shall consider a person licensed to practice psychology pursuant to chapter 154B, a licensed social worker pursuant to chapter 154C, a licensed marital and family therapist pursuant to chapter 154D, or a licensed mental health counselor pursuant to chapter 154D to serve in the capacity of guardian ad litem. j. If the court denies the petition for waiver of notification and if the decision is not appealed or all appeals are exhausted, the court shall advise the pregnant minor that, upon the request of the pregnant minor, the court will appoint a licensed marital and family therapist to assist the pregnant minor in addressing any intrafamilial problems. All costs of services provided by a court-appointed licensed marital and family therapist shall be paid by the court through the expenditure of funds appropriated to the judicial branch.

138

MIGRANT LABOR CAMPS 138.1

DEFINITIONS 7. "Migrant" means any individual who customarily and repeatedly travels from state to state for the purpose of obtaining seasonal employment in agriculture, including the spouse and children of such individuals, whether or not authorized by law to engage in such employment.

139A

COMMUNICABLE AND INFECTIOUS DISEASES AND POISONINGS 139A.3

REPORTS TO DEPARTMENT -- IMMUNITY -- CONFIDENTIALITY -- INVESTIGATIONS f. The patient's marital status.

139A.31

REPORT TO DEPARTMENT Immediately after the first examination or treatment of any person infected with any sexually transmitted disease or infection, the health care provider who performed the examination or treatment shall transmit to the department a report stating the name of the infected person, the address of the infected person, the infected person's date of birth, the sex of the infected person, the race and ethnicity of the infected person, the infected person's marital status, the infected person's telephone number, if the infected person is female, whether the infected person is pregnant, the name and address of the laboratory that performed the test, the date the test was found to be positive and the collection date, and the name of the health care provider who performed the test.

12

Marriage in Iowa Law (DRAFT) 139A.32

EXAMINATION RESULTS FROM LABORATORY -- REPORT The report shall state the name of the infected person from whom the specimen was obtained, the address of the infected person, the infected person's date of birth, the sex of the infected person, the race and ethnicity of the infected person, the infected person's marital status, the infected person's telephone number, if the infected person is female, whether the infected person is pregnant, the name and address of the laboratory that performed the test, the laboratory results, the test employed, the date the test was found to be positive and the collection date, the name of the health care provider who performed the test, and the name and address of the person submitting the specimen.

139A.35

MINORS The consent of another person, including but not limited to the consent of a spouse, parent, custodian, or guardian, shall not be necessary.

141A

ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS) 141A.6

HIV-RELATED CONDITIONS -- CONSENT, TESTING, AND REPORTING -- PENALTY f. The patient's marital status.

141A.9

CONFIDENTIALITY OF INFORMATION i. Pursuant to section 915.43, to a convicted or alleged sexual assault offender; the physician or other health care provider who orders the test of a convicted or alleged offender; the victim; the parent, guardian, or custodian of the victim if the victim is a minor; the physician of the victim; the victim counselor or person requested by the victim to provide counseling regarding the HIV-related test and results; the victim's spouse; persons with whom the victim has engaged in vaginal, anal, or oral intercourse subsequent to the sexual assault; members of the victim's family within the third degree of consanguinity; and the county attorney who may use the results as evidence in the prosecution of sexual assault under chapter 915, subchapter IV, or prosecution of the offense of criminal transmission of HIV under chapter 709C.

142C

REVISED UNIFORM ANATOMICAL GIFT ACT 142C.2

DEFINITIONS 5. "Disinterested witness" means a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift, or any other adult who exhibited special care and concern for the individual.

142C.4

WHO MAY MAKE ANATOMICAL GIFT OF DECEDENT'S BODY OR PART -- AMENDING OR REVOKING GIFT b. The spouse of the decedent.

144

VITAL STATISTICS 144.1

DEFINITIONS 8. "Filing" means the presentation of a certificate, report, or other record, provided for in this chapter, of a birth, death, fetal death, adoption, marriage, dissolution, or annulment for registration by the division. 15. "Vital statistics" means records of births, deaths, fetal deaths, adoptions, marriages, dissolutions, annulments, and data related thereto.

144.2

DIVISION OF RECORDS AND STATISTICS No system for the registration of births, deaths, fetal deaths, adoptions, marriages, dissolutions, and annulments, shall be maintained in the state or any of its political subdivisions other than the one provided for in this chapter.

144.12A

DECLARATION OF PATERNITY REGISTRY d. "Putative father" means a man who is alleged to be or who claims to be the biological father of a child born to a woman to whom the man is not married at the time of the birth of the child.

13

Marriage in Iowa Law (DRAFT) 144.13

BIRTH CERTIFICATES 2. If the mother was married at the time of conception, birth, or at any time during the period between conception and birth, the name of the husband shall be entered on the certificate as the father of the child unless paternity has been determined otherwise by a court of competent jurisdiction, in which case the name of the father as determined by the court shall be entered by the department. 3. If the mother was not married at the time of conception, birth, and at any time during the period between conception and birth, the name of the father shall not be entered on the certificate of birth, unless a determination of paternity has been made pursuant to section 252A.3, in which case the name of the father as established shall be entered by the department.

144.16

DELAYED REGISTRATION OF DEATH OR MARRIAGE When a death or marriage occurring in this state has not been registered, a certificate may be filed in accordance with regulations. Such certificate shall be registered subject to evidentiary requirements prescribed to substantiate the alleged facts of death or marriage. Certificates of death and marriage registered one year or more after the date of occurrence shall be marked "delayed" and shall show on their face the date of the delayed registration.

144.29A

TERMINATION OF PREGNANCY REPORTING f. The marital status of the patient.

144.34

DISINTERMENT -- PERMIT The state registrar, without a court order, shall not issue a permit without the consent of the surviving spouse or in case of such spouse's absence, death, or incapacity, the next of kin. Disinterment for the purpose of autopsy or reburial by court order shall be allowed only when reasonable cause is shown that someone is criminally or civilly responsible for such death, after hearing, upon reasonable notice prescribed by the court to the surviving spouse or in the spouse's absence, death, or incapacity, the next of kin.

144.36

MARRIAGE CERTIFICATE FILED -- PROHIBITED INFORMATION 1. A certificate recording each marriage performed in this state shall be filed with the state registrar. The county registrar shall prepare the certificate on the form furnished by the state registrar upon the basis of information obtained from the parties to be married, who shall attest to the information by their signatures. The county registrar in each county shall keep a record book for marriages. The form of marriage record books shall be uniform throughout the state. A properly indexed permanent record of marriage certificates upon microfilm, electronic computer, or data processing equipment may be kept in lieu of marriage record books. 2. Every person who performs a marriage shall certify the fact of marriage and return the certificate to the county registrar within fifteen days after the ceremony. 3. The certificate of marriage shall not contain information concerning the race of the married persons, previous marriages of the married persons, or the educational level of the married persons. 4. The county registrar shall record and forward to the state registrar on or before the tenth day of each calendar month the original certificates of marriages filed with the county registrar during the preceding calendar month and the fees collected by the county registrar on behalf of the state for applications for a license to marry in accordance with section 331.605, subsection 7.

144.37

DISSOLUTION AND ANNULMENT RECORDS For each dissolution or annulment of marriage granted by any court in this state, a record shall be prepared by the clerk of court or by the petitioner or the petitioner's legal representative if directed by the clerk and filed by the clerk of court with the state registrar.

144.43

VITAL RECORDS CLOSED TO INSPECTION -- EXCEPTIONS 2. A record of marriage.

14

Marriage in Iowa Law (DRAFT) 3. A record of divorce, dissolution of marriage, or annulment of marriage.

144.45

CERTIFIED COPIES No person shall prepare or issue any certificate which purports to be an original, certified copy, or copy of a certificate of birth, death, fetal death, or marriage except as authorized in this chapter.

144.45A

COMMEMORATIVE BIRTH AND MARRIAGE CERTIFICATES Upon application and payment of a thirty-five dollar fee, the director may issue a commemorative copy of a certificate of birth or a certificate of marriage.

144.51

INFORMATION BY OTHERS FURNISHED ON DEMAND Any person having knowledge of the facts shall furnish information the person possesses regarding any birth, death, fetal death, adoption, marriage, dissolution, or annulment, upon demand of the state registrar or the state registrar's representative.

144.56

AUTOPSY 1. The spouse.

144A

LIFE=SUSTAINING PROCEDURES 144A.3

DECLARATION RELATING TO USE OF LIFE-SUSTAINING PROCEDURES At least one of the witnesses shall be an individual who is not a relative of the declarant by blood, marriage, or adoption within the third degree of consanguinity.

144A.7

PROCEDURE IN ABSENCE OF DECLARATION c. The patient's spouse.

144B

DURABLE POWER OF ATTORNEY FOR HEALTH CARE 144B.3

REQUIREMENTS 3. At least one of the witnesses for a durable power of attorney for health care shall be an individual who is not a relative of the principal by blood, marriage, or adoption within the third degree of consanguinity.

144B.4

INDIVIDUALS INELIGIBLE TO BE ATTORNEY IN FACT 2. An employee of a health care provider attending the principal on the date of execution unless the individual to be designated is related to the principal by blood, marriage, or adoption within the third degree of consanguinity.

144B.12

GENERAL PROVISIONS 3. If after executing a durable power of attorney for health care designating a spouse as attorney in fact, the marriage between the principal and the attorney in fact is dissolved, the power is thereby revoked.

147

GENERAL PROVISIONS, HEALTH=RELATED PROFESSIONS 147.2

LICENSE REQUIRED A person shall not engage in the practice of medicine and surgery, podiatry, osteopathy, osteopathic medicine and surgery, psychology, chiropractic, physical therapy, nursing, dentistry, dental hygiene, optometry, speech pathology, audiology, occupational therapy, respiratory care, pharmacy, cosmetology, barbering, social work, dietetics, marital and family therapy or mental health counseling, massage therapy, mortuary science, athletic training, acupuncture, or sign language interpreting or transliterating, or shall not practice as a physician assistant as defined in the following chapters of this subtitle, unless the person has obtained from the department a license for that purpose.

15

Marriage in Iowa Law (DRAFT) 147.3

QUALIFICATIONS An applicant for a license to practice a profession under this subtitle is not ineligible because of age, citizenship, sex, race, religion, marital status or national origin, although the application form may require citizenship information.

147.13

DESIGNATION OF BOARDS 16. For marital and family therapists and mental health counselors, the board of behavioral science.

147.14

COMPOSITION OF BOARDS 13. For behavioral science, three members licensed to practice marital and family therapy, one of whom shall be employed in graduate teaching, training, or research in marital and family therapy and two of whom shall be practicing marital and family therapists; three members licensed to practice mental health counseling, one of whom shall be employed in graduate teaching, training, or research in mental health counseling and two of whom shall be practicing mental health counselors; and three members who are not licensed to practice marital and family therapy or mental health counseling and who shall represent the general public.

147.74

PROFESSIONAL TITLES OR ABBREVIATIONS -- FALSE USE PROHIBITED 13. A marital and family therapist licensed under chapter 154D and this chapter may use the words "licensed marital and family therapist" after the person's name or signify the same by the use of the letters "L. A marital and family therapist licensed under chapter 154D and this chapter who possesses a doctoral degree may use the prefix "Doctor" or "Dr." in conjunction with the person's name, but shall add after the person's name the words "licensed marital and family therapist".

147.80

LICENSE -- EXAMINATION -- FEES t. License to practice marital and family therapy issued upon the basis of an examination given by the board of behavioral science, license to practice marital and family therapy issued under a reciprocal agreement, or renewal of a license to practice marital and family therapy.

154A

HEARING AIDS 154A.9

APPLICATIONS An applicant shall not be ineligible for certification because of age, citizenship, sex, race, religion, marital status or national origin although the application may require citizenship information.

154C

SOCIAL WORK 154C.7

GENERAL EXEMPTIONS This chapter and chapter 147 do not prevent qualified members of other professions including, but not limited to, nurses, psychologists, marital and family therapists, mental health counselors, physicians, physician assistants, attorneys at law, or members of the clergy, from providing or advertising that they provide services of a social work nature consistent with the accepted standards of their respective professions, provided that these persons do not use a title or description indicating or implying that they are licensed to practice social work under this chapter or that they are practicing social work as defined in this chapter.

154D

BEHAVIORAL SCIENCE 154D.1

DEFINITIONS 2. "Licensed marital and family therapist" means a person licensed to practice marital and family therapy under chapter 147 and this chapter.

4. "Licensee" includes a licensed marital and family therapist and a licensed mental health counselor. 5. "Marital and family therapy" means the application of counseling techniques in the assessment and resolution of emotional conditions.

16

Marriage in Iowa Law (DRAFT) This includes the alteration and establishment of attitudes and patterns of interaction relative to marriage, family life, and interpersonal relationships.

154D.2

LICENSURE -- MARITAL AND FAMILY THERAPY -- MENTAL HEALTH COUNSELING 1. An applicant for a license to practice marital and family therapy shall be granted a license by the board when the applicant satisfies all of the following requirements: a. Possesses a master's degree in marital and family therapy consisting of at least forty-five credit hours, or its equivalent, from a nationally accredited institution or from a program approved by the board.

154D.4

EXEMPTIONS 1. This chapter and chapter 147 do not prevent qualified members of other professions, including but not limited to nurses, psychologists, social workers, physicians, physician assistants, attorneys at law, or members of the clergy, from providing or advertising that they provide services of a marital and family therapy or mental health counseling nature consistent with the accepted standards of their respective professions, but these persons shall not use a title or description denoting that they are licensed marital and family therapists or licensed mental health counselors. a. Students whose activities are conducted within a course of professional education in marital and family therapy or mental health counseling. b. A person who practices marital and family therapy or mental health counseling under the supervision of a person licensed under this chapter as part of a clinical experience as described in section 154D.2, subsection 1, paragraph "b", or section 154D.2, subsection 2, paragraph "b". c. The provision of children, family, or mental health services through the department of human services or juvenile court, or agencies contracting with the department of human services or juvenile court, by persons who do not represent themselves to be either a marital and family therapist or a mental health counselor.

154D.5

SEXUAL CONDUCT WITH CLIENT The license of a marital and family therapist or a mental health counselor shall be revoked if the board finds that the licensee engaged in sexual activity or genital contact with a client while acting or purporting to act within the licensee's scope of practice, whether or not the client consented to the sexual activity or genital contact.

154D.6

TRANSITION PROVISIONS 1. An applicant for a license to practice marital and family therapy or mental health counseling, applying prior to July 1, 2000, shall not be required respectively to meet the examination requirement contained in section 154D.2, subsection 1, paragraph "c", or subsection 2, paragraph "c", if one of the following is met: b. The applicant meets the requirements contained in section 154D.2, subsection 1, paragraph "a", or subsection 2, paragraph "a", and has four thousand hours of employment experience in the practice of marital and family therapy or mental health counseling, respectively. 2. Penalty fees otherwise incurred pursuant to section 147.10, and continuing education requirements applicable to the period prior to license reinstatement, shall be waived by the board for any previously licensed marital and family therapist or mental health counselor whose license has lapsed prior to July 1, 1998.

1050 which exceed the department's revenue projections for fee generation relating to marital and family therapy and mental health counseling under chapters 147 and 154D established prior to the enactment of 1998 Iowa Acts, ch.

155

NURSING HOME ADMINISTRATION 155.14

APPLICATIONS An applicant shall not be ineligible for licensure because of age, citizenship, sex, race, religion, marital status or national origin although the application may require citizenship information.

157

COSMETOLOGY 157.1

DEFINITIONS 22. "Minor" means an unmarried person who is under the age of eighteen years.

17

Marriage in Iowa Law (DRAFT)

175

AGRICULTURAL DEVELOPMENT 175.2

DEFINITIONS (1) For an individual, an aggregate net worth of the individual and the individual's spouse and minor children of less than three hundred thousand dollars. (2) For a partnership, an aggregate net worth of all partners, including each partner's net capital in the partnership, and each partner's spouse and minor children of less than six hundred thousand dollars. However, the aggregate net worth of each partner and that partner's spouse and minor children shall not exceed three hundred thousand dollars. (3) For a family farm corporation, an aggregate net worth of all shareholders, including the value of each shareholder's share in the family farm corporation, and each shareholder's spouse and minor children of less than six hundred thousand dollars. However, the aggregate net worth of each shareholder and that shareholder's spouse and minor children shall not exceed three hundred thousand dollars.

(4) For a family farm limited liability company, an aggregate net worth of all members, including each member's ownership interest in the family farm limited liability company, and each member's spouse and minor children of less than six hundred thousand dollars. However, the aggregate net worth of each member and that member's spouse and minor children shall not exceed three hundred thousand dollars.

175.12

BEGINNING FARMER PROGRAM g. If the beginning farmer is an individual, the agricultural land and agricultural improvements shall only be used for farming by the individual, the individual's spouse, or the individual's minor children. If the beginning farmer is a partnership, family farm corporation, or family farm limited liability company, the agricultural land and agricultural improvements shall only be used for farming by any or all of the partners, shareholders, or members, including their spouses and minor children.

216

CIVIL RIGHTS COMMISSION 216.9

UNFAIR OR DISCRIMINATORY PRACTICES -- EDUCATION d. On the basis of sex, the application of any rule concerning the actual or potential parental, family or marital status of a person, or the exclusion of any person from any program or activity or employment because of pregnancy or related conditions dependent upon the physician's diagnosis and certification.

216.10

UNFAIR CREDIT PRACTICES a. Creditor to refuse to enter into a consumer credit transaction or impose finance charges or other terms or conditions more onerous than those regularly extended by that creditor to consumers of similar economic backgrounds because of age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical disability, or familial status. b. Person authorized or licensed to do business in this state pursuant to chapter 524, 533, 534, 536, or 536A to refuse to loan or extend credit or to impose terms or conditions more onerous than those regularly extended to persons of similar economic backgrounds because of age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical disability, or familial status.

c. Creditor to refuse to offer credit life or health and accident insurance because of color, creed, national origin, race, religion, marital status, age, physical disability, sex, sexual orientation, gender identity, or familial status.

216.18A

CONSTRUCTION OF CHAPTER -- MARRIAGE This chapter shall not be construed to allow marriage between persons of the same sex, in accordance with chapter 595.

18

Marriage in Iowa Law (DRAFT)

216A

DEPARTMENT OF HUMAN RIGHTS 216A.55

OBJECTIVES OF COMMISSION 5. Expanded programs to help women as wives, mothers, and workers.

218

INSTITUTIONS GOVERNED BY HUMAN SERVICES DEPARTMENT 218.66

PROPERTY OF SMALL VALUE If administration be not granted within one year from the date of the death of the decedent, and the value of the estate of decedent is so small as to make the granting of administration inadvisable, then delivery of the money and other property left by the decedent may be made to the surviving spouse and heirs of the decedent.

218.67

ESTATE ADMINISTRATOR NOT IDENTIFIED If an estate administrator is not identified within one year from the death of a decedent in an institution, and a surviving spouse or heir is not known, the superintendent of the institution may convert all the decedent's property into cash and in so doing the superintendent shall have the powers possessed by a general administrator of an estate.

228

DISCLOSURE OF MENTAL HEALTH AND PSYCHOLOGICAL INFORMATION 228.8

DISCLOSURES TO FAMILY MEMBERS 1. A mental health professional or an employee of or agent for a mental health facility may disclose mental health information to the spouse, parent, adult child, or adult sibling of an individual who has chronic mental illness, if all of the following conditions are met: b. The spouse, parent, adult child, or adult sibling is directly involved in providing care to or monitoring the treatment of the individual. c. The involvement of the spouse, parent, adult child, or adult sibling is verified by the individual's attending physician, attending mental health professional, or a person other than the spouse, parent, adult child, or adult sibling who is responsible for providing treatment to the individual. 2. A request for mental health information by a person authorized to receive such information under this section shall be in writing, except in an emergency as determined by the mental health professional verifying the involvement of the spouse, parent, adult child, or adult sibling. 3. Unless the individual has been adjudged incompetent, the person verifying the involvement of the spouse, parent, adult child, or adult sibling shall notify the individual of the disclosure of the individual's mental health information under this section.

229

HOSPITALIZATION OF PERSONS WITH MENTAL ILLNESS 229.4

RIGHT TO RELEASE ON APPLICATION A voluntary patient who requests release or whose release is requested, in writing, by the patient's legal guardian, parent, spouse or adult next of kin shall be released from the hospital forthwith, except that:

230

SUPPORT OF PERSONS WITH MENTAL ILLNESS 230.15

PERSONAL LIABILITY Persons legally liable for the support of a person with mental illness include the spouse of the person, any person bound by contract for support of the person, and, with respect to persons with mental illness under eighteen years of age only, the father and mother of the person.

230.26

AUDITOR TO KEEP RECORD The name of the husband or the wife of such person designating such party as the spouse of the person admitted or committed shall also be indexed in the same manner as the names of the persons admitted or committed are indexed.

19

Marriage in Iowa Law (DRAFT)

232

JUVENILE JUSTICE 232.2

DEFINITIONS 6. "Child in need of assistance" means an unmarried child: a. To consent to marriage, enlistment in the armed forces of the United States, or medical, psychiatric, or surgical treatment.

232.61

JURISDICTION 2. In determining such jurisdiction the age and marital status of the child at the time the proceedings are initiated is controlling.

232.74

EVIDENCE NOT PRIVILEGED OR EXCLUDED Sections 622.9 and 622.10 and any other statute or rule of evidence which excludes or makes privileged the testimony of a husband or wife against the other or the testimony of a health practitioner or mental health professional as to confidential communications, do not apply to evidence regarding a child's injuries or the cause of the injuries in any judicial proceeding, civil or criminal, resulting from a report pursuant to this chapter or relating to the subject matter of such a report.

232.96

ADJUDICATORY HEARING 5. Neither the privilege attaching to confidential communications between a health practitioner or mental health professional and patient nor the prohibition upon admissibility of communications between husband and wife shall be ground for excluding evidence at an adjudicatory hearing.

232.116

GROUNDS FOR TERMINATION o. The parent has been convicted of a felony offense that is a criminal offense against a minor as defined in section 692A.1, the parent is divorced from or was never married to the minor's other parent, and the parent is serving a minimum sentence of confinement of at least five years for that offense.

232B

INDIAN CHILD WELFARE ACT 232B.3

DEFINITIONS "Adoptive placement" does not include a placement based upon an act by an Indian child which, if committed by an adult, would be deemed a crime, or upon an award, in a divorce proceeding, of custody to one of the child's parents. "Foster care placement" does not include a placement based upon an act by an Indian child which, if committed by an adult, would be deemed a crime, or upon an award, in a divorce proceeding, of custody to one of the child's parents. 6. "Indian child" or "child" means an unmarried Indian person who is under eighteen years of age or a child who is under eighteen years of age that an Indian tribe identifies as a child of the tribe's community. "Parent" does not include an unwed father whose paternity has not been acknowledged or established. "Preadoptive placement" does not include a placement based upon an act by an Indian child which, if committed by an adult, would be deemed a crime, or upon an award, in a divorce proceeding, of custody to one of the child's parents. "Termination of parental rights" does not include a placement based upon an act by an Indian child which, if committed by an adult, would be deemed a crime, or upon an award, in a divorce proceeding, of custody to one of the child's parents.

234

CHILD AND FAMILY SERVICES 234.45

IOWA MARRIAGE INITIATIVE GRANT FUND 1. An Iowa marriage initiative grant fund is established in the state treasury under the authority of the department of human services. The grant fund shall consist of moneys appropriated to the fund and notwithstanding section 8.33 such moneys shall not revert to the fund from which appropriated at the close of the fiscal year but shall remain in the Iowa marriage initiative grant fund. Moneys credited to the fund shall be used as directed in appropriations made by the general assembly for funding of services to support marriage and to encourage the formation and maintenance of two-parent families that are secure and nurturing.

20

Marriage in Iowa Law (DRAFT) 2. It is the intent of the general assembly to credit to the Iowa marriage initiative grant fund, federal moneys provided to the state for the express purpose of supporting marriage or two-parent families.

235B

DEPENDENT ADULT ABUSE 235B.2

DEFINITIONS Sexual exploitation does not include touching which is part of a necessary examination, treatment, or care by a caretaker acting within the scope of the practice or employment of the caretaker; the exchange of a brief touch or hug between the dependent adult and a caretaker for the purpose of reassurance, comfort, or casual friendship; or touching between spouses. 7. "Family or household member" means a spouse, a person cohabiting with the dependent adult, a parent, or a person related to the dependent adult by consanguinity or affinity, but does not include children of the dependent adult who are less than eighteen years of age.

236

DOMESTIC ABUSE 236.2

DEFINITIONS b. The assault is between separated spouses or persons divorced from each other and not residing together at the time of the assault. c. The assault is between persons who are parents of the same minor child, regardless of whether they have been married or have lived together at any time. 4. a. "Family or household members" means spouses, persons cohabiting, parents, or other persons related by consanguinity or affinity.

237

CHILD FOSTER CARE FACILITIES 237.1

DEFINITIONS 7. "Individual" means an individual person or a married couple who provides child foster care in a single-family home environment and which does not meet the definition of an agency in subsection 2.

239B

FAMILY INVESTMENT PROGRAM 239B.1

DEFINITIONS 3. "Child" means an unmarried person who is less than eighteen years of age or an unmarried person who is eighteen years of age and is engaged full-time in completing high school graduation or equivalency requirements in a manner which is reasonably expected to result in completion of the requirements prior to the person reaching nineteen years of age. 9. "Minor parent" means an applicant or participant parent who is less than eighteen years of age and has never been married. 12. "Specified relative" means a person who is, or was at any time, one of the following relatives of an applicant or participant child, by means of blood relationship, marriage, or adoption, or is a spouse of one of the following relatives:

239B.2B

ELIGIBILITY OF NONCITIZENS 1. The person is a conditional resident alien who was battered or subjected to extreme cruelty, or whose child was battered or subjected to extreme cruelty, perpetrated by the person's spouse who is a United States citizen or lawful permanent resident as described in 8 C.F.R. 2. The person was battered or subjected to extreme cruelty, or the person's child was battered or subjected to extreme cruelty, perpetrated by the person's spouse who is a United States citizen or lawful permanent resident and the person's petition has been approved or a petition is pending that sets forth a prima facie case that the person has noncitizen status under any of the following categories: a. Status as a spouse or child of a United States citizen or lawful permanent resident under the federal Immigration and Nationality Act, § 204(a)(1), as codified in 8 U.S.C. b. Status as a spouse or child who was battered or subjected to extreme cruelty by a United States citizen or lawful permanent resident, under the federal Immigration and Nationality Act, § 204(a)(iii), as codified in 8 U.S.C.

21

Marriage in Iowa Law (DRAFT)

249

STATE SUPPLEMENTARY ASSISTANCE 249.3

ELIGIBILITY a. Lives with a dependent spouse, parent, child or adult child who is sharing the recipient's living arrangement, so long as the person continues in the relationship of dependent spouse, parent, child or adult child to the recipient and to be in financial need according to standards established by the department. c. Does not have sufficient income to meet the cost of providing for the dependent spouse, parent, child or adult child, according to standards established by the department.

249A

MEDICAL ASSISTANCE 249A.2

DEFINITIONS a. A life estate created by the recipient or recipient's spouse, in which either the recipient or the recipient's spouse held any interest in the property at the time of the creation of the life estate. b. A life estate created for the benefit of the recipient or the recipient's spouse in property in which either the recipient or the recipient's spouse held any interest in the property within five years prior to the creation of the life estate.

249A.3

ELIGIBILITY p. Is an individual whose spouse is deceased and who is ineligible for federal supplemental security income or state supplementary assistance, as defined by section 249.1, due to the elimination of the actuarial reduction formula for federal social security benefits under the federal Social Security Act and subsequent cost of living increases. q. Is an individual who is at least sixty years of age and is ineligible for federal supplemental security income or state supplementary assistance, as defined by section 249.1, because of receipt of social security widow or widower benefits and is not eligible for federal Medicare, part A coverage. t. Is an individual who is no longer eligible for the family investment program due to the receipt of child or spousal support. 6. In determining the eligibility of an individual for medical assistance under this chapter, for resources transferred to the individual's spouse before October 1, 1989, or to a person other than the individual's spouse before July 1, 1989, the department shall include, as resources still available to the individual, those nonexempt resources or interests in resources, owned by the individual within the preceding twenty-four months, which the individual gave away or sold at less than fair market value for the purpose of establishing eligibility for medical assistance under this chapter. 7. In determining the eligibility of an individual for medical assistance under this chapter, the department shall consider resources transferred to the individual's spouse on or after October 1, 1989, or to a person other than the individual's spouse on or after July 1, 1989, and prior to August 11, 1993, as provided by the federal Medicare Catastrophic Coverage Act of 1988, Pub. 9. Beginning October 1, 1990, in determining the eligibility of an institutionalized individual for assistance under this chapter, the department shall establish a minimum community spouse resource allowance amount of twenty-four thousand dollars to be retained for the benefit of the institutionalized individual's community spouse in accordance with the federal Social Security Act, section 1924(f) as codified in 42 U.S.C. § 1396p(c) to provide a period of ineligibility for medical assistance due to a transfer of assets by a noninstitutionalized individual or the spouse of a noninstitutionalized individual. For noninstitutionalized individuals, the number of months of ineligibility shall be equal to the total, cumulative uncompensated value of all assets transferred by the individual or the individual's spouse on or after the look-back date specified in 42 U.S.C. Notwithstanding section 17A.4, the department may adopt rules providing a period of ineligibility for medical assistance due to a transfer of assets by a noninstitutionalized individual or the spouse of a noninstitutionalized individual without notice of opportunity for public comment, to be effective immediately upon filing under section 17A.5, subsection 2, paragraph "b", subparagraph (1). d. Unless a surviving spouse is precluded from making an election under the terms of a premarital agreement, the failure of a surviving spouse to take an elective share pursuant to chapter 633, division V, constitutes a transfer of assets for the purpose of determining eligibility for medical assistance to the extent that the value received by taking an elective share would have exceeded the value of the inheritance received under the will.

22

Marriage in Iowa Law (DRAFT) Spousal support debt for medical assistance to institutionalized spouse; community spouse resource allowance; chapter 249B Footnotes For future amendments to subsection 1 effective upon receipt of discretionary funding from the health resources and services administration of the United States department of health and human services, see 2007 Acts, ch 218, §124, 126

249A.5

RECOVERY OF PAYMENT (1) Reduction in the amount received from the recipient's estate by a surviving spouse, or by a surviving child who was under age twenty-one, blind, or permanently and totally disabled at the time of the individual's death. (1) The estate of the medical assistance recipient's surviving spouse or child who is blind or has a disability, upon the death of such spouse or child. c. For purposes of this section, the estate of a medical assistance recipient, surviving spouse, or surviving child includes any real property, personal property, or other asset in which the recipient, spouse, or child had any legal title or interest at the time of the recipient's, spouse's, or child's death, to the extent of such interests, including but not limited to interests in jointly held property, retained life estates, and interests in trusts. d. For purposes of collection of a debt created by this subsection, all assets included in the estate of a medical assistance recipient, surviving spouse, or surviving child pursuant to paragraph "c" are subject to probate. e. Interest shall accrue on a debt due under this subsection, at the rate provided pursuant to section 535.3, beginning six months after the death of a medical assistance recipient, surviving spouse, or surviving child.

249B

MEDICAL ASSISTANCE TO INSTITUTIONALIZED SPOUSES 249B.1

DEFINITIONS 1. "Community spouse" means an individual who has not resided or is not likely to reside in a hospital or a health care facility for more than twenty-nine consecutive days and is married to an institutionalized spouse. 2. "Community spouse resource allowance" means a resource amount established for a community spouse pursuant to state policy adopted in accordance with the federal Social Security Act, section 1924(f)(2), as codified in 42 U.S.C. 5. "Institutionalized spouse" means a married individual who has resided or is likely to reside in a hospital or a health care facility for more than twenty-nine consecutive days. 7. "Minimum monthly maintenance needs allowance" or "minimum allowance" means the minimum monthly maintenance needs allowance established for the community spouse in accordance with Title XIX of the federal Social Security Act, section 1924(d)(3), as codified in 42 U.S.C.

249B.2

CREATION OF SPOUSAL SUPPORT DEBT 1. Medical assistance provided to an institutionalized spouse due to the institutionalized spouse's assignment of support rights, an inability to execute an assignment of support rights, or hardship, creates a spousal support debt due and owing to the department from the community spouse in an amount equal to the medical assistance provided on behalf of the institutionalized spouse. 2. The department may recover the spousal support debt from any income or resources of the community spouse that are not exempt for medical assistance eligibility purposes and that are in excess of the minimum monthly maintenance needs allowance and the community spouse resource allowance. 3. When an institutionalized spouse is determined to be eligible for medical assistance pursuant to subsection 1, prior to issuing a formal notice of a spousal support debt pursuant to section 249B.3, the department shall offer to meet with the community spouse concerning creation of the spousal support debt.

249B.3

NOTICE OF SPOUSAL SUPPORT DEBT -- FAILURE TO RESPOND -- HEARING -- ORDER 1. The department shall issue a notice establishing and demanding payment of an accrued or accruing spousal support debt due and owing to the department. The notice shall be served upon the community spouse in accordance with the rules of civil procedure. a. The amount of medical assistance provided to the institutionalized spouse which creates the spousal support debt. b. A computation of spousal support debt, the minimum monthly maintenance needs allowance, and the community spouse resource allowance. c. A demand for immediate payment of the spousal support debt.

23

Marriage in Iowa Law (DRAFT) d. (1) A statement that if the community spouse desires to discuss the amount of support that the community spouse should be required to pay, the community spouse, within ten days after being served, may contact the unit of the department which issued the notice and request a conference. (2) A statement that if a conference is requested, the community spouse has ten days from the date set for the conference or twenty days from the date of service of the original notice, whichever is later, to send a request for a hearing to the unit of the department which issued the notice. (3) A statement that after the holding of the conference, the department may issue a new notice and finding of financial responsibility to be sent to the community spouse by regular mail addressed to the community spouse's last known address, or if applicable, to the last known address of the community spouse's attorney. (4) A statement that if the department issues a new notice and finding of financial responsibility, the community spouse has ten days from the date of issuance of the new notice or twenty days from the date of service of the original notice, whichever is later, to send a request for a hearing to the unit of the department which issued the notice. e. A statement that if the community spouse objects to all or any part of the notice or finding of financial responsibility and no negotiation conference is requested, the community spouse, within twenty days of the date of service, shall send to the unit of the department which issued the notice, a written response setting forth any objections and requesting a hearing. f. A statement that if a timely written request for a hearing is received by the unit of the department which issued the notice, the spouse has the right to a hearing to be held in district court; and that if no timely written response is received, the department will enter an order in accordance with the notice and finding of financial responsibility. g. A statement that, as soon as the order is entered, the property of the community spouse is subject to collection action, including but not limited to wage withholding, garnishment, attachment of a lien, and execution. h. A statement that the community spouse must notify the department of any change of address or employment. i. A statement that if the community spouse has any questions, the community spouse should telephone or visit the department or consult an attorney. b. The amount of the spousal support debt accrued and accruing in favor of the department. c. Notice that the property of the community spouse is subject to collection action, including but not limited to wage withholding, garnishment, attachment of a lien, and execution. 4. The community spouse shall be sent a copy of the order by regular mail addressed to the community spouse's last known address, or if applicable, to the last known address of the community spouse's attorney.

249B.4

CERTIFICATION TO COURT -- HEARING -- DEFAULT 1. If a timely written request for a hearing is received, the department shall certify the matter to the district court in the county where the institutionalized spouse resides. 2. The certification shall include true copies of the notice and finding of financial responsibility or notice of the spousal support debt accrued and accruing, the return of service, the written objections and request for hearing, and true copies of any administrative orders previously entered.

249B.5

FILING AND DOCKETING OF FINANCIAL RESPONSIBILITY ORDER -- ORDER EFFECTIVE AS COURT DECREE A true copy of an order entered by the department pursuant to this chapter, along with a true copy of the return of service if applicable, may be filed in the office of the clerk of the district court in the county in which the institutionalized spouse resides.

249B.6

INTEREST ON SPOUSAL SUPPORT DEBTS Interest accrues on a spousal support debt at the rate provided in section 535.3 for court judgments. The department may waive payment of the interest if the waiver will facilitate the collection of the spousal support debt.

249B.7

SECURITY FOR PAYMENT OF SPOUSAL SUPPORT -- FORFEITURE Upon entry of a court order or upon the failure of a community spouse to make payments pursuant to a court order, the court may require the community spouse to provide security, a bond, or other guarantee which the court determines is satisfactory to secure the payment of the spousal support obligation under the court order. If the community spouse fails to make payments pursuant to the court order, the court may declare the security, bond, or other guarantee forfeited.

24

Marriage in Iowa Law (DRAFT)

249F

TRANSFER OF ASSETS == MEDICAL ASSISTANCE DEBT 249F.1

DEFINITIONS (1) Transfers to or for the sole benefit of the transferor's spouse, including a transfer to a spouse by an institutionalized spouse pursuant to section 1924(f)(1) of the federal Social Security Act.

252

SUPPORT OF THE POOR 252.14

HOMESTEAD -- WHEN LIABLE When expenditures have been made for and on behalf of a poor person and the person's family, as contemplated by section 252.13, the homestead of such poor person is liable for such expenditures when such poor person dies without leaving a surviving spouse, or child, as defined in section 234.1.

252A

SUPPORT OF DEPENDENTS 252A.1

TITLE AND PURPOSE The purpose of this chapter is to secure support in civil proceedings for dependent spouses, children and poor relatives from persons legally responsible for their support.

252A.2

DEFINITIONS 4. "Dependent" shall mean and include a spouse, child, mother, father, grandparent, or grandchild who is in need of and entitled to support from a person who is declared to be legally liable for such support. 9. "Putative father" means a man who is alleged to be or who claims to be the biological father of a child born to a woman to whom the man is not married at the time of the birth of the child.

252A.3

LIABILITY FOR SUPPORT 1. A spouse is liable for the support of the other spouse and any child or children under eighteen years of age and any other dependent. 4. A child or children born of parents who, at any time prior or subsequent to the birth of such child, have entered into a civil or religious marriage ceremony, shall be deemed the legitimate child or children of both parents, regardless of the validity of such marriage. 5. A child or children born of parents who held or hold themselves out as husband and wife by virtue of a common law marriage are deemed the legitimate child or children of both parents. 6. A man or woman who was or is held out as the person's spouse by a person by virtue of a common law marriage is deemed the legitimate spouse of such person. 7. Notwithstanding the fact that the respondent has obtained in any state or country a final decree of divorce or separation from the respondent's spouse or a decree dissolving the marriage, the respondent shall be deemed legally liable for the support of any dependent child of such marriage. 8. The parents of a child born out of wedlock shall be severally liable for the support of the child, but the liability of the father shall not be enforceable unless paternity has been legally established. If the mother was married, at the time of conception, birth, or at any time during the period between conception and birth of the child, to an individual other than the person admitting paternity, the individual to whom the mother was married at the time of conception, birth, or at any time during the period between conception and birth must deny paternity in order to establish the paternity of the person admitting paternity upon the sole basis of the admission. c. Subject to the right of any signatory to rescind as provided in section 252A.3A, subsection 12, by the filing and registration by the state registrar of an affidavit of paternity executed on or after July 1, 1993, as provided in section 252A.3A, provided that the mother of the child was unmarried at the time of conception, birth, and at any time during the period between conception and birth of the child or if the mother was married at the time of conception, birth, or at any time during the period between conception and birth of the child, a court of competent jurisdiction has determined that the individual to whom the mother was married at that time is not the father of the child.

25

Marriage in Iowa Law (DRAFT) 9. If paternity of a child born out of wedlock is established as provided in subsection 8, the court shall establish the respondent's monthly support payment and the amount of the support debt accrued and accruing pursuant to section 598.21B. Spousal support debt for medical assistance to institutionalized spouse; chapter 249B

252A.3A

ESTABLISHING PATERNITY BY AFFIDAVIT 1. The paternity of a child born out of wedlock may be legally established by the completion, filing, and registration by the state registrar of an affidavit of paternity only as provided by this section. a. The child of a woman who was unmarried at the time of conception, birth, and at any time during the period between conception and birth of the child. b. The child of a woman who is married at the time of conception, birth, or at any time during the period between conception and birth of the child if a court of competent jurisdiction has determined that the individual to whom the mother was married at that time is not the father of the child. (1) That the mother was unmarried at the time of conception, birth, and at any time during the period between conception and birth of the child. (2) That the mother was married at the time of conception, birth, or at any time during the period between conception and birth of the child, and that a court order has been entered ruling that the individual to whom the mother was married at that time is not the father of the child. b. If paragraph "a", subparagraph (2), is applicable, a certified copy of the filed order ruling that the husband is not the father of the child. 9. All institutions in the state shall provide the following services with respect to any newborn child born out of wedlock: c. An institution entering into an agreement for reimbursement shall assist the parents of a child born out of wedlock in completing and filing an affidavit of paternity. 11. The state registrar, upon request of the mother or the putative father, shall provide the following services with respect to a child born out of wedlock:

252A.6

HOW COMMENCED -- TRIAL § 1738B, any order of support issued by a court shall not supersede any previous order of support issued in a divorce or separate maintenance action, but the amounts for a particular period paid pursuant to either order shall be credited against amounts accruing or accrued for the same period under both.

252A.6A

ADDITIONAL PROVISIONS REGARDING PATERNITY ESTABLISHMENT a. (1) If the prior determination of paternity is based on an affidavit of paternity filed pursuant to section 252A.3A, or an administrative order entered pursuant to chapter 252F, or an order by the courts of this state, or by operation of law when the mother and established father are or were married to each other, the provisions of section 600B.41A are applicable.

252B

CHILD SUPPORT RECOVERY 252B.5

SERVICES OF UNIT 10. The unit shall not establish orders for spousal support. The unit shall enforce orders for spousal support only if the spouse is the custodial parent of a child for whom the unit is also enforcing a child support or medical support order.

252B.6

ADDITIONAL SERVICES IN ASSISTANCE CASES 2. Represent the state's interest in obtaining support for a child in dissolution of marriage and separate maintenance proceedings, or proceedings supplemental to these proceedings or any other support proceedings, when either or both of the parties to the proceedings are receiving public assistance, for the purpose of advising the court of the financial interest of the state in the proceeding.

26

Marriage in Iowa Law (DRAFT)

252C

CHILD SUPPORT DEBTS == ADMINISTRATIVE PROCEDURES 252C.4

CERTIFICATION TO COURT -- HEARING -- DEFAULT a. (1) If the prior determination of paternity is based on an affidavit of paternity filed pursuant to section 252A.3A, or an administrative order entered pursuant to chapter 252F, or an order by the courts of this state, or by operation of law when the mother and established father are or were married to each other, the provisions of section 600B.41A are applicable.

252D

SUPPORT PAYMENTS == INCOME WITHHOLDING 252D.16

DEFINITIONS 3. "Support" or "support payments" means any amount which the court or administrative agency may require a person to pay for the benefit of a child under a temporary order or a final judgment or decree entered under chapter 232, 234, 252A, 252C, 252F, 252H, 598, 600B, or any other comparable chapter, and may include child support, maintenance, medical support as defined in chapter 252E, spousal support, and any other term used to describe these obligations.

252D.17

NOTICE TO PAYOR OF INCOME -- DUTIES AND LIABILITY -- CRIMINAL PENALTY 1. The withholding order or notice of the order for income withholding for child support or child support and spousal support has priority over a garnishment or an assignment for any other purpose.

252E

MEDICAL SUPPORT 252E.7

INSURER AUTHORIZATION a. The child was born out of wedlock.

252F

ADMINISTRATIVE ESTABLISHMENT OF PATERNITY 252F.1

DEFINITIONS a. A child was not born or conceived within marriage. b. A child was born or conceived within marriage but a court has declared that the child is not the issue of the marriage.

252G

CENTRAL EMPLOYEE REGISTRY 252G.1

DEFINITIONS 7. "Dependent" includes a spouse or child or any other person who is in need of and entitled to support from a person who is declared to be legally liable for the support of that dependent.

252H

ADJUSTMENT AND MODIFICATION OF SUPPORT ORDERS 252H.18

ORDERS SUBJECT TO ADMINISTRATIVE MODIFICATION 3. The child was conceived or born during a marriage or paternity has been legally established.

252K

UNIFORM INTERSTATE FAMILY SUPPORT ACT 252K.101

DEFINITIONS 3. "Duty of support" means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support. 18. "Spousal support order" means a support order for a spouse or former spouse of the obligor. 21. "Support order" means a judgment, decree, or order, whether temporary, final, or subject to modification, for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, or reimbursement, and may include related costs and fees, interest, income withholding, attorney's fees, and other relief.

27

Marriage in Iowa Law (DRAFT) 252K.205

CONTINUING, EXCLUSIVE JURISDICTION 6. A tribunal of this state issuing a support order consistent with the law of this state has continuing, exclusive jurisdiction over a spousal support order throughout the existence of the support obligation. A tribunal of this state may not modify a spousal support order issued by a tribunal of another state having continuing, exclusive jurisdiction over that order under the law of that state.

252K.206

ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER BY TRIBUNAL HAVING CONTINUING JURISDICTION 3. A tribunal of this state which lacks continuing, exclusive jurisdiction over a spousal support order may not serve as a responding tribunal to modify a spousal support order of another state.

252K.301

PROCEEDINGS UNDER THIS CHAPTER a. Establishment of an order for spousal support or child support pursuant to article 4. c. Registration of an order for spousal support or child support of another state for enforcement pursuant to article 6. d. Modification of an order for child support or spousal support issued by a tribunal of this state pursuant to article 2, part 2.

252K.316

SPECIAL RULES OF EVIDENCE AND PROCEDURE 8. A privilege against disclosure of communications between spouses does not apply in a proceeding under this chapter. 9. The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this chapter.

256

DEPARTMENT OF EDUCATION 256.10

EMPLOYMENT OF PROFESSIONAL STAFF 2. Appointments to the professional staff of the department shall be without reference to political party affiliation, religious affiliation, sex, or marital status, but shall be based solely upon fitness, ability, and proper qualifications for the particular position.

256.46

RULES FOR PARTICIPATION IN EXTRACURRICULAR ACTIVITIES BY CERTAIN CHILDREN The state board shall adopt rules that permit a child who does not meet the residence requirements for participation in extracurricular interscholastic contests or competitions sponsored or administered by an organization as defined in section 280.13 to participate in the contests or competitions immediately if the child is duly enrolled in a school, is otherwise eligible to participate, and meets one of the following circumstances or a similar circumstance: the child has been adopted; the child is placed under foster or shelter care; the child is living with one of the child's parents as a result of divorce, separation, death, or other change in the child's parents' marital relationship, or pursuant to other court-ordered decree or order of custody; the child is a foreign exchange student, unless undue influence was exerted to place the child for primarily athletic purposes; the child has been placed in a juvenile correctional facility; the child is a ward of the court or the state; the child is a participant in a substance abuse or mental health program; or the child is enrolled in an accredited nonpublic high school because the child's district of residence has entered into a whole grade sharing agreement for the pupil's grade with another district.

261

COLLEGE STUDENT AID COMMISSION 261.5

RESPONSE TO NATIONAL EMERGENCY -- WAIVER AUTHORITY § 1070 et seq., for affected individuals, or if applicable, for the spouses or dependents of affected individuals, may be modified to mean the sums received in the first calendar year of the award year for which the determination is made, in order to reflect more accurately the financial condition of the affected individuals or their families.

280

UNIFORM SCHOOL REQUIREMENTS 280.3

DUTIES OF BOARD The board of directors of a public school district shall not allow discrimination in any educational program on the basis of race, color, creed, sex, marital status or place of national origin.

28

Marriage in Iowa Law (DRAFT) 280.28

HARASSMENT AND BULLYING PROHIBITED -- POLICY -- IMMUNITY c. "Trait or characteristic of the student" includes but is not limited to age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical attributes, physical or mental ability or disability, ancestry, political party preference, political belief, socioeconomic status, or familial status.

282

SCHOOL ATTENDANCE AND TUITION 282.18

OPEN ENROLLMENT b. For purposes of this section, "good cause" means a change in a child's residence due to a change in family residence, a change in the state in which the family residence is located, a change in a child's parents' marital status, a guardianship or custody proceeding, placement in foster care, adoption, participation in a foreign exchange program, or participation in a substance abuse or mental health treatment program, a change in the status of a child's resident district such as removal of accreditation by the state board, surrender of accreditation, or permanent closure of a nonpublic school, revocation of a charter school contract as provided in section 256F.8, the failure of negotiations for a whole grade sharing, reorganization, dissolution agreement or the rejection of a current whole grade sharing agreement, or reorganization plan. If a request to transfer is due to a change in family residence, change in the state in which the family residence is located, a change in a child's parents' marital status, a guardianship proceeding, placement in foster care, adoption, participation in a foreign exchange program, or participation in a substance abuse or mental health treatment program, and the child who is the subject of the request is enrolled in any grade from kindergarten through grade twelve at the time of the request and is not currently using any provision of open enrollment, the parent or guardian of the child shall have the option to have the child remain in the child's original district of residence under open enrollment with no interruption in the child's kindergarten through grade twelve educational program.

294

TEACHERS 294.10B

RIGHTS NOT TRANSFERABLE OR SUBJECT TO LEGAL PROCESS -- EXCEPTIONS The right of any person to any future payment under a pension and annuity retirement system established in this chapter shall not be transferable or assignable, at law or in equity, and shall not be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law, except for the purposes of enforcing child, spousal, or medical support obligations, or marital property orders. For the purposes of enforcing child, spousal, or medical support obligations, the garnishment or attachment of or the execution against benefits due a person under such a retirement system shall not exceed the amount specified in 15 U.S.C.

321

MOTOR VEHICLES AND LAW OF THE ROAD 321.34

PLATES OR VALIDATION STICKER FURNISHED -- RETAINED BY OWNER -- SPECIAL PLATES The surviving spouse of a person who was issued special plates under this subsection may continue to use the special plates subject to registration of the special plates in the surviving spouse's name. If the surviving spouse remarries, the surviving spouse shall return the special plates to the department and the department shall issue regular registration plates to the surviving spouse. The surviving spouse of a person who was issued special plates under this subsection may continue to use or apply for and use the special plates subject to registration of the special plates in the surviving spouse's name and upon payment of the annual registration fee. If the surviving spouse remarries, the surviving spouse shall return the special plates to the department and the department shall issue regular registration plates to the surviving spouse. d. The surviving spouse of a person who was issued special plates under this subsection may continue to use the special plates subject to registration of the special plates in the surviving spouse's name and upon payment of the same annual registration fee, if applicable. If the surviving spouse remarries, the surviving spouse shall return the special plates to the department and the department shall issue regular registration plates to the surviving spouse. The surviving spouse of a person who was issued special plates under this subsection may continue to use or apply for and use the special plates subject to registration of the special plates in the surviving spouse's name and upon payment of the annual registration fee.

29

Marriage in Iowa Law (DRAFT) If the surviving spouse remarries, the surviving spouse shall return the special plates to the department and the department shall issue regular registration plates to the surviving spouse. The surviving spouse of a person who was issued special plates under this subsection may continue to use or apply for and use the special plates subject to registration of the special plates in the surviving spouse's name and upon payment of the annual five-dollar special plate fee and the regular annual registration fee for the vehicle.

If the surviving spouse remarries, the surviving spouse shall return the special plates to the department and the department shall issue regular registration plates to the surviving spouse. The surviving spouse of a person who was issued special plates under this subsection may continue to use or apply for and use the special plates subject to registration of the special plates in the surviving spouse's name and upon payment of the annual five-dollar special plate fee and the regular annual registration fee for the vehicle. If the surviving spouse remarries, the surviving spouse shall return the special plates to the department and the department shall issue regular registration plates to the surviving spouse. The surviving spouse of a person who was issued special plates under this subsection may continue to use or apply for and use the special plates subject to registration of the special plates in the surviving spouse's name and upon payment of the annual five-dollar special plate fee and the regular annual registration fee for the vehicle. If the surviving spouse remarries, the surviving spouse shall return the special plates to the department and the department shall issue regular registration plates to the surviving spouse. The surviving spouse of a person who was issued special plates under this subsection may continue to use or apply for and use the special plates subject to registration of the special plates in the surviving spouse's name and upon payment of the annual five-dollar special plate fee and the regular annual registration fee for the vehicle. If the surviving spouse remarries, the surviving spouse shall return the special plates to the department and the department shall issue regular registration plates to the surviving spouse. The surviving spouse of a person who was issued special plates under this subsection may continue to use or apply for and use the special plates subject to registration of the special plates in the surviving spouse's name and upon payment of the annual five-dollar special plate fee and the regular annual registration fee for the vehicle. If the surviving spouse remarries, the surviving spouse shall return the special plates to the department and the department shall issue regular registration plates to the surviving spouse. The surviving spouse of a person who was issued special plates under this subsection may continue to use or apply for and use the special plates subject to registration of the special plates in the surviving spouse's name and upon payment of the annual five-dollar special plate fee and the regular annual registration fee for the vehicle. If the surviving spouse remarries, the surviving spouse shall return the special plates to the department and the department shall issue regular registration plates to the surviving spouse. The surviving spouse of a person who was issued special plates under this subsection may continue to use or apply for and use the special plates subject to registration of the special plates in the surviving spouse's name and upon payment of the annual five-dollar special plate fee and the regular annual registration fee for the vehicle. If the surviving spouse remarries, the surviving spouse shall return the special plates to the department and the department shall issue regular registration plates to the surviving spouse. An owner referred to in subsection 12 who is the surviving spouse, parent, child, or sibling of a deceased member of the United States armed forces who died while serving on active duty during a time of military conflict may order special registration plates bearing a gold star emblem upon written application to the department accompanied by satisfactory supporting documentation as determined by the department.

321.46

NEW TITLE AND REGISTRATION UPON TRANSFER OF OWNERSHIP -- CREDIT 6. An applicant for a new registration for a vehicle transferred to the applicant by a spouse, parent or child of the applicant, or by operation of law upon inheritance, devise or bequest, from the applicant's spouse, parent or child, or by a former spouse pursuant to a decree of dissolution of marriage, is entitled to a credit to be applied to the registration fee for the transferred vehicle.

321.184

APPLICATIONS OF UNMARRIED MINORS The application of an unmarried person under the age of eighteen years for a driver's license shall contain the verified consent and confirmation of the applicant's birthday by either parent of the applicant, the guardian of the applicant, or a person having custody of the applicant under chapter 600A.

30

Marriage in Iowa Law (DRAFT) This subsection does not apply if the licensee or permittee has attained the age of eighteen years or is married.

321.198

MILITARY SERVICE EXCEPTION The provisions of this section shall also apply to the spouse and children or ward of such military personnel when such spouse, children or ward are living with the above described military personnel outside of the state of Iowa and provided that such extension of license does not exceed five years.

321J

OPERATING WHILE INTOXICATED 321J.4B

MOTOR VEHICLE IMPOUNDMENT OR IMMOBILIZATION -- PENALTY -- LIABILITY OF VEHICLE OWNER For purposes of this section, "a member of the immediate family" means a spouse, child, or parent of the person who committed the offense.

323

MOTOR FUEL AND SPECIAL FUEL 323.14

DEATH OF FRANCHISEE -- SUCCESSOR -- PENALTY For the purposes of this section, "successor-in-interest" is restricted to either a surviving spouse or adult child of the franchisee who, at the time of the franchisee's death, is able to meet reasonable qualifications then being required of distributors or dealers by the franchiser.

327D

REGULATION OF CARRIERS 327D.187

RELIEF OR INDEMNITY CONTRACT No contract of insurance, relief, benefit, or indemnity in case of injury or death, entered into prior to the injury, between the person so injured and such corporation, or any other person or association acting for such corporation, and no acceptance of any such insurance, relief, benefit, or indemnity by the person injured, the person's surviving spouse, heirs, or legal representatives after the injury, from such corporation, person, or association, shall constitute any bar or defense to any cause of action brought under the provisions of section 327D.186; but nothing contained herein shall be construed to prevent or invalidate any settlement for damages between the parties subsequent to injuries received.

331

COUNTY HOME RULE IMPLEMENTATION 331.214

VACANCY OF SUPERVISOR'S OFFICE For purposes of this subsection, "family" means the parent, spouse, or child of the supervisor.

331.342

CONFLICTS OF INTEREST IN PUBLIC CONTRACTS 8. A contract with a corporation in which a county officer or employee has an interest by reason of stockholdings when less than five percent of the outstanding stock of the corporation is owned or controlled directly or indirectly by the officer or employee or the spouse or immediate family of the officer or employee.

331.605

OTHER FEES 6. A county fee of four dollars for a certified copy of a birth record, death record, or marriage certificate. 7. For filing an application for the license to marry, thirty-five dollars, which includes payment for one certified copy of the original certificate of marriage, to be issued following filing of the original certificate of marriage, four dollars of which shall be retained by the county pursuant to subsection 6. For issuing an application for an order of the district court authorizing the validation of a license to marry before the expiration of three days from the date of issuance of the license, five dollars.

The district court shall authorize the early validation of a marriage license without the payment of any fees imposed in this subsection upon showing that the applicant is unable to pay the fees.

31

Marriage in Iowa Law (DRAFT) 331.611

VITAL STATISTICS c. Issue and maintain marriage certificates as provided in sections 144.36, 144.45, and 144.46, and chapter 595.

331.802

DEATHS -- REPORTED AND INVESTIGATED 8. Where donation of the remains of the deceased to a medical school or similar institution equipped with facilities to perform autopsies is provided by will or directed by the spouse, parents or children of full age, of the deceased, any autopsy under this section shall be performed at the direction of the school or institution, and in such a manner as to further the purpose of the donation, while serving the public interest.

347

COUNTY HOSPITALS 347.9

TRUSTEES -- APPOINTMENT -- TERMS OF OFFICE A person or spouse of a person with medical or special staff privileges in the county public hospital or who receives direct or indirect compensation in an amount greater than one thousand five hundred dollars in a calendar year from the county public hospital or direct or indirect compensation in an amount greater than one thousand five hundred dollars in a calendar year from a person contracting for services with the hospital shall not be eligible to serve as a trustee for that county public hospital.

354

PLATTING == DIVISION AND SUBDIVISION OF LAND 354.11

ATTACHMENTS TO SUBDIVISION PLATS 1. A statement by the proprietors and their spouses, if any, that the plat is prepared with their free consent and in accordance with their desire, signed and acknowledged before an officer authorized to take the acknowledgment of deeds.

362

DEFINITIONS AND MISCELLANEOUS PROVISIONS 362.5

INTEREST IN PUBLIC CONTRACT PROHIBITED -- EXCEPTIONS 9. A contract with a corporation in which a city officer or employee has an interest by reason of stockholdings when less than five percent of the outstanding stock of the corporation is owned or controlled directly or indirectly by the officer or employee or the spouse or immediate family of such officer or employee.

410

FIRE FIGHTERS AND POLICE OFFICERS == RETIREMENT AND DISABILITY 410.6

WHO ENTITLED TO PENSION -- CONDITIONS In the event that the rank or position held by the retired or deceased member at the time of retirement or death is subsequently abolished, adjustments in the pensions of the member or of the member's spouse or children shall be computed by the board of trustees as though such rank or position had not been abolished and salary increases had been granted to such rank or position on the same basis as that granted to other ranks and positions in the department.

410.10

PENSIONS -- SURVIVING SPOUSE -- CHILDREN -- DEPENDENTS Upon the death of any acting or retired member of such departments, leaving a spouse or minor children, or dependent father or mother surviving, there shall be paid out of said fund as follows: 1. To the surviving spouse, a sum equal to one-half of the deceased member's total adjusted pension as provided for in section 410.6, but in no event less than seventy-five dollars per month. 2. If there be no surviving spouse, or upon the death of such spouse, then to the dependent father and mother, if both survive, or to either dependent parent, if one survives, thirty dollars per month. Effective July 1, 1991, the remarriage of a surviving spouse does not make the spouse ineligible to receive benefits under this section, and for a surviving spouse who remarried prior to July 1, 1991, the remarriage does not make the spouse ineligible to receive benefits under this section. However, the benefits provided by this section are subject to the following definitions: The term "spouse" means a surviving spouse of a marriage contracted prior to retirement of a deceased member from active service, or of a marriage of a retired member contracted prior to March 2, 1934.

32

Marriage in Iowa Law (DRAFT) Surviving spouse includes a former spouse only if the division of assets in the dissolution of marriage decree pursuant to section 598.17 grants the former spouse rights of a spouse under this chapter. If there is no surviving spouse of a marriage contracted prior to retirement of a deceased member, or of a marriage of a retired member contracted prior to March 2, 1934, surviving spouse includes a surviving spouse of a marriage of two years or more duration contracted subsequent to retirement of the member.

This section and its provisions shall be interpreted for all purposes as including all surviving spouses.

411

RETIREMENT SYSTEM FOR POLICE OFFICERS AND FIRE FIGHTERS 411.1

DEFINITIONS 20. "Surviving spouse" shall mean the surviving spouse of a deceased member from active service. Surviving spouse shall include a former spouse only if the division of assets in the dissolution of marriage decree pursuant to section 598.17 grants the former spouse rights of a spouse under this chapter.

411.1A

PURPOSE OF CHAPTER 1. Provide an orderly means for police officers and fire fighters to have a retirement system which will provide for the payment of pensions to retired members and members incurring disabilities, and to the surviving spouses and dependents of deceased members.

411.6

BENEFITS Notwithstanding section 411.6, subsection 8, Code 1985, effective July 1, 1990, for a member's surviving spouse who, prior to July 1, 1986, elected to receive pension benefits under this paragraph, the monthly pension benefit shall be equal to the higher of one-twelfth of forty percent of the average final compensation of the member, or the amount the surviving spouse was receiving on July 1, 1990. (1) The spouse. (2) If there is no spouse, or if the spouse dies and there is a child of a member, then the member's child or children, in equal shares. (3) If there is no surviving spouse or child, then the member's dependent father or mother, or both, as the system determines, to continue until death. (1) To the member's surviving spouse. b. (1) If the member's designated beneficiary is the member's spouse, child, or parent, an accidental death benefit pension equal to one-half of the average final compensation of the member shall be paid as follows: (a) If the member's designated beneficiary is the member's spouse, then to the member's spouse. (a) To the member's spouse. (b) If there is no spouse, or if the spouse dies and there is a child of the member, then to the member's child or children in equal shares. (c) If there is no surviving spouse or child, then to the member's dependent father or mother, or both, in equal shares, to continue until death. 11. Pension to spouse and children of deceased pensioned member. a. To the spouse, equal to one-half the amount received by the deceased beneficiary, but in no instance less than twenty percent of the average monthly earnable compensation paid to an active member of the system, as determined by the actuary, and in addition a monthly pension equal to the monthly pension payable under subsection 9 of this section for each child; or b. If the spouse dies either prior or subsequent to the death of the member, to the guardian of each surviving child, a monthly pension equal to the monthly pension payable under subsection 9 of this section for the support of the child. Remarriage of surviving spouse. Effective July 1, 1990, for a member who died prior to July 1, 1988, if the member's surviving spouse remarried prior to July 1, 1988, the remarriage does not make the spouse ineligible under subsection 8, paragraph "c", subparagraphs (1) and (2), to receive benefits under subsections 8, 9, 11, and 12. b. Recomputation of benefit -- surviving spouse.

33

Marriage in Iowa Law (DRAFT) A benefit payable under this chapter to a surviving spouse and to any surviving spouse who receives a division of the surviving spouse benefit pursuant to a marriage decree or marital property order under section 411.13 shall not be recomputed upon the death of any surviving spouse. If the member is married at the time a designation is signed, a designation of a beneficiary other than the member's spouse shall not be valid unless the member's spouse consents in writing to the designation.

(2) The individual has a spouse, or a child or children, as defined in section 411.1. (1) To the individual's spouse, if any. (2) If there is no spouse, then to the individual's child or children, as defined in section 411.1. c. This subsection shall not be construed in a manner that impairs the rights of any individual under a marital property, spousal support, or child support order.

411.6A

OPTIONAL RETIREMENT BENEFITS 1. In lieu of the payment of a service retirement allowance under section 411.6, subsection 2, and the payment of a pension to the spouse of a deceased pensioned member under section 411.6, subsection 11, a member may select an option provided under this section. The optional forms of payment may provide adjustments to the amount of the retirement allowance paid to the member, may alter the pension amount and period of payment to the member's spouse after the death of the member, and may provide for payments to a designated recipient other than the member's spouse for a designated period of time or an unlimited period of time. If the member is married at the time of application and the member elects an optional form, the member's spouse must consent in writing to the optional form selected and to the receipt of payments to a designated recipient, if applicable. 3. The optional forms of payment determined by the board of trustees under this section, shall be the actuarial equivalent of the amount of retirement benefits payable to the member and the member's spouse pursuant to section 411.6, subsections 2 and 11. However, if the member has selected a designated recipient other than the member's spouse, the designated recipient shall be deemed to be the member's surviving spouse for the purpose of calculating the annual adjustment in the manner provided in section 411.6, subsection 12.

411.6B

ROLLOVERS OF MEMBERS' ACCOUNTS a. "Direct rollover" means a payment by the system to the eligible retirement plan specified by the member or the member's surviving spouse, or the member's alternate payee under a marital property order who is the member's spouse or former spouse. b. "Eligible retirement plan" means any of the following that accepts an eligible rollover distribution from a member, a member's surviving spouse, or a member's alternate payee: 2. Effective January 1, 1993, a member or a member's surviving spouse may elect, at the time and in the manner prescribed in rules adopted by the board of trustees, to have the system pay all or a portion of an eligible rollover distribution directly to an eligible retirement plan, specified by the member or the member's surviving spouse, in a direct rollover. If a member or a member's surviving spouse elects a partial direct rollover, the amount of funds elected for the partial direct rollover must equal or exceed five hundred dollars.

411.13

EXEMPTION FROM EXECUTION AND OTHER PROCESS OR ASSIGNMENT -- EXCEPTIONS The right of any person to a pension, annuity, or retirement allowance, to the return of contributions, the pension, annuity, or retirement allowance itself, any optional benefit or death benefit, any other right accrued or accruing to any person under this chapter, and the moneys in the fire and police retirement fund created under this chapter, are not subject to execution, garnishment, attachment, or any other process whatsoever, and are unassignable except for the purposes of enforcing child, spousal, or medical support obligations or marital property orders, or as otherwise specifically provided in this chapter. For the purposes of enforcing child, spousal, or medical support obligations, the garnishment or attachment of or the execution against compensation due a person under this chapter shall not exceed the amount specified in 15 U.S.C.

34

Marriage in Iowa Law (DRAFT) 411.39

BENEFITS FOR EMPLOYEES OF THE BOARD OF TRUSTEES FOR THE STATEWIDE SYSTEM A participating employee or the participating employee's surviving spouse shall have the same rights upon final termination of employment or death as are afforded full-time state employees and the employees' surviving spouses excluded from collective bargaining as provided in chapter 20.

419

MUNICIPAL SUPPORT OF PROJECTS 419.1

DEFINITIONS 1. "Beginning businessperson" means an individual with an aggregate net worth of the individual and the individual's spouse and children of less than one hundred thousand dollars.

422

INDIVIDUAL INCOME, CORPORATE, AND FRANCHISE TAXES 422.4

DEFINITIONS CONTROLLING DIVISION 12. The term "other person" shall mean that person or entity properly empowered to act in behalf of an individual payee and shall include authorized agents of such payees whether they be individuals or married couples.

422.5

TAX IMPOSED -- EXCLUSIONS -- ALTERNATIVE MINIMUM TAX This subparagraph shall not affect the amount of the taxpayer's checkoffs under this division, the credits from tax provided under this division, and the allocation of these credits between spouses if the taxpayers filed separate returns or separately on combined returns.

(a) Seventeen thousand five hundred dollars for a married person who files separately or for an estate or trust. (c) Thirty-five thousand dollars for a married couple which files a joint return. Married taxpayers electing to file separate returns or separately on a combined return must allocate the minimum tax computed in this subsection in the proportion that each spouse's respective preference items, adjustments, and losses under subparagraph (1) bear to the combined preference items, adjustments, and losses under subparagraph (1) of both spouses. 2. However, the tax shall not be imposed on a resident or nonresident whose net income, as defined in section 422.7, is thirteen thousand five hundred dollars or less in the case of married persons filing jointly or filing separately on a combined return, heads of household, and surviving spouses or nine thousand dollars or less in the case of all other persons; but in the event that the payment of tax under this division would reduce the net income to less than thirteen thousand five hundred dollars or nine thousand dollars as applicable, then the tax shall be reduced to that amount which would result in allowing the taxpayer to retain a net income of thirteen thousand five hundred dollars or nine thousand dollars as applicable. If the combined net income of a husband and wife exceeds thirteen thousand five hundred dollars, neither of them shall receive the benefit of this subsection, and it is immaterial whether they file a joint return or separate returns. However, if a husband and wife file separate returns and have a combined net income of thirteen thousand five hundred dollars or less, neither spouse shall receive the benefit of this paragraph, if one spouse has a net operating loss and elects to carry back or carry forward the loss as provided in section 422.9, subsection 3. A person who is claimed as a dependent by another person as defined in section 422.12 shall not receive the benefit of this subsection if the person claiming the dependent has net income exceeding thirteen thousand five hundred dollars or nine thousand dollars as applicable or the person claiming the dependent and the person's spouse have combined net income exceeding thirteen thousand five hundred dollars or nine thousand dollars as applicable. In addition, if the married persons', filing jointly or filing separately on a combined return, head of household's, or surviving spouse's net income exceeds thirteen thousand five hundred dollars, the regular tax imposed under this division shall be the lesser of the maximum state individual income tax rate times the portion of the net income in excess of thirteen thousand five hundred dollars or the regular tax liability computed without regard to this sentence. Taxpayers electing to file separately shall compute the alternate tax described in this paragraph using the total net income of the husband and wife.

The alternate tax described in this paragraph does not apply if one spouse elects to carry back or carry forward the loss as provided in section 422.9, subsection 3.

35

Marriage in Iowa Law (DRAFT) 2A. However, the tax shall not be imposed on a resident or nonresident who is at least sixty-five years old on December 31 of the tax year and whose net income, as defined in section 422.7, is twenty-four thousand dollars or less in the case of married persons filing jointly or filing separately on a combined return, heads of household, and surviving spouses or eighteen thousand dollars or less in the case of all other persons; but in the event that the payment of tax under this division would reduce the net income to less than twenty-four thousand dollars or eighteen thousand dollars as applicable, then the tax shall be reduced to that amount which would result in allowing the taxpayer to retain a net income of twenty-four thousand dollars or eighteen thousand dollars as applicable. If the combined net income of a husband and wife exceeds twenty-four thousand dollars, neither of them shall receive the benefit of this subsection, and it is immaterial whether they file a joint return or separate returns. However, if a husband and wife file separate returns and have a combined net income of twenty-four thousand dollars or less, neither spouse shall receive the benefit of this paragraph, if one spouse has a net operating loss and elects to carry back or carry forward the loss as provided in section 422.9, subsection 3. A person who is claimed as a dependent by another person as defined in section 422.12 shall not receive the benefit of this subsection if the person claiming the dependent has net income exceeding twenty-four thousand dollars or eighteen thousand dollars as applicable or the person claiming the dependent and the person's spouse have combined net income exceeding twenty-four thousand dollars or eighteen thousand dollars as applicable. In addition, if the married persons', filing jointly or filing separately on a combined return, head of household's, or surviving spouse's net income exceeds twenty-four thousand dollars, the regular tax imposed under this division shall be the lesser of the maximum state individual income tax rate times the portion of the net income in excess of twenty-four thousand dollars or the regular tax liability computed without regard to this sentence. Taxpayers electing to file separately shall compute the alternate tax described in this paragraph using the total net income of the husband and wife. The alternate tax described in this paragraph does not apply if one spouse elects to carry back or carry forward the loss as provided in section 422.9, subsection 3. This subsection applies even though one spouse has not attained the age of sixty-five, if the other spouse is at least sixty-five at the end of the tax year. For purposes of this subsection, in the case of married taxpayers, except in the case of a husband and wife who live apart at all times during the tax year, the assets and liabilities of both spouses shall be considered in determining if the fair market value of the taxpayer's assets exceed the taxpayer's liabilities.

422.7

"NET INCOME" -- HOW COMPUTED 5. Individual taxpayers and married taxpayers who file a joint federal income tax return and who elect to file a joint return, separate returns, or separate filing on a combined return for Iowa income tax purposes, may avail themselves of the disability income exclusion and shall compute the amount of the disability income exclusion subject to the limitations for joint federal income tax return filers provided by section 105(d) of the Internal Revenue Code. 7. Married taxpayers who file a joint federal income tax return and who elect to file separate returns or separate filing on a combined return for Iowa income tax purposes, may avail themselves of the expensing of business assets and capital loss provisions of sections 179(a) and 1211(b) respectively of the Internal Revenue Code and shall compute the amount of expensing of business assets and capital loss subject to the limitations for joint federal income tax return filers provided by sections 179(b) and 1211(b) respectively of the Internal Revenue Code. c. Married taxpayers, who file a joint federal income tax return and who elect to file separate returns or who elect separate filing on a combined return for state income tax purposes, shall allocate between the spouses the amount of benefits subtracted under paragraphs "a" and "b" from net income in the ratio of the social security benefits received by each spouse to the total of these benefits received by both spouses. For purposes of this subsection, in the case of married taxpayers, except in the case of a husband and wife who live apart at all times during the tax year, the assets and liabilities of both spouses shall be considered for purposes of determining the taxpayer's net worth or the taxpayer's debt to asset ratio. For purposes of this subsection, a member of the individual caregiver's family includes a spouse, parent, stepparent, child, stepchild, brother, stepbrother, sister, stepsister, lineal ancestor, or lineal descendant, and such persons by marriage or adoption. 29. Subtract, to the extent not otherwise deducted in computing adjusted gross income, the amounts paid by the taxpayer for the purchase of health benefits coverage or insurance for the taxpayer or taxpayer's spouse or dependent.

36

Marriage in Iowa Law (DRAFT) 31. For a person who is disabled, or is fifty-five years of age or older, or is the surviving spouse of an individual or a survivor having an insurable interest in an individual who would have qualified for the exemption under this subsection for the tax year, subtract, to the extent included, the total amount of a governmental or other pension or retirement pay, including, but not limited to, defined benefit or defined contribution plans, annuities, individual retirement accounts, plans maintained or contributed to by an employer, or maintained or contributed to by a self-employed person as an employer, and deferred compensation plans or any earnings attributable to the deferred compensation plans, up to a maximum of six thousand dollars for a person, other than a husband or wife, who files a separate state income tax return and up to a maximum of twelve thousand dollars for a husband and wife who file a joint state income tax return. However, a surviving spouse who is not disabled or fifty-five years of age or older can only exclude the amount of pension or retirement pay received as a result of the death of the other spouse. A husband and wife filing separate state income tax returns or separately on a combined state return are allowed a combined maximum exclusion under this subsection of up to twelve thousand dollars. The twelve thousand dollar exclusion shall be allocated to the husband or wife in the proportion that each spouse's respective pension and retirement pay received bears to total combined pension and retirement pay received. 38. Subtract, to the extent not otherwise excluded, the amount of withdrawals from qualified retirement plan accounts made during the tax year if the taxpayer or taxpayer's spouse is a member of the Iowa national guard or reserve forces of the United States who is ordered to state military service or federal service or duty.

422.9

DEDUCTIONS FROM NET INCOME 1. An optional standard deduction, after deduction of federal income tax, equal to one thousand two hundred thirty dollars for a married person who files separately or a single person or equal to three thousand thirty dollars for a husband and wife who file a joint return, a surviving spouse, or a head of household. Where married persons, who have filed a joint federal income tax return, file separately, such total shall be divided between them according to the portion of the total paid or accrued, as the case may be, by each. c. Add the amount by which expenses paid or incurred in connection with the adoption of a child by the taxpayer exceed three percent of the net income of the taxpayer, or of the taxpayer and spouse in the case of a joint return. e. Add the amount, not to exceed five thousand dollars, of expenses not otherwise deductible under this section actually incurred in the home of the taxpayer for the care of a person who is the grandchild, child, parent, or grandparent of the taxpayer or the taxpayer's spouse and who is unable, by reason of physical or mental disability, to live independently and is receiving, or would be eligible to receive if living in a health care facility licensed under chapter 135C, medical assistance benefits under chapter 249A. 4. Where married persons file separately, both must use the optional standard deduction if either elects to use it.

422.11S

SCHOOL TUITION ORGANIZATION TAX CREDIT 4. Married taxpayers who file separate returns or file separately on a combined return form must determine the tax credit under subsection 1 based upon their combined net income and allocate the total credit amount to each spouse in the proportion that each spouse's respective net income bears to the total combined net income. Nonresidents or part-year residents who are married and elect to file separate returns or to file separately on a combined return form must allocate the tax credit between the spouses in the ratio of each spouse's Iowa source net income to the combined Iowa source net income of the taxpayers.

422.12

DEDUCTIONS FROM COMPUTED TAX a. For an estate or trust, a single individual, or a married person filing a separate return, forty dollars. b. For a head of household, or a husband and wife filing a joint return, eighty dollars. d. For a single individual, husband, wife or head of household, an additional exemption of twenty dollars for each of said individuals who has attained the age of sixty-five years before the close of the tax year or on the first day following the end of the tax year. e. For a single individual, husband, wife or head of household, an additional exemption of twenty dollars for each of said individuals who is blind at the close of the tax year. 3. For the purpose of this section, the determination of whether an individual is married shall be made in accordance with section 7703 of the Internal Revenue Code.

37

Marriage in Iowa Law (DRAFT) 422.12B

EARNED INCOME TAX CREDIT 2. Married taxpayers electing to file separate returns or filing separately on a combined return may avail themselves of the earned income credit by allocating the earned income credit to each spouse in the proportion that each spouse's respective earned income bears to the total combined earned income.

422.12C

CHILD AND DEPENDENT CARE OR EARLY CHILDHOOD DEVELOPMENT TAX CREDITS If the early childhood development tax credit is claimed for a tax year, the taxpayer and the taxpayer's spouse shall not claim the child and dependent care credit under subsection 1. 4. Married taxpayers who have filed joint federal returns electing to file separate returns or to file separately on a combined return form must determine the child and dependent care credit under subsection 1 or the early childhood development tax credit under subsection 2 based upon their combined net income and allocate the total credit amount to each spouse in the proportion that each spouse's respective net income bears to the total combined net income. Nonresidents or part-year residents who are married and elect to file separate returns or to file separately on a combined return form must allocate the Iowa child and dependent care credit between the spouses in the ratio of each spouse's Iowa source net income to the combined Iowa source net income of the taxpayers.

422.13

RETURN BY INDIVIDUAL 2. For purposes of determining the requirement for filing a return under subsection 1, the combined net income of a husband and wife from sources taxable under this division shall be considered.

422.16

WITHHOLDING OF INCOME TAX AT SOURCE -- PENALTIES -- INTEREST -- DECLARATION OF ESTIMATED TAX -- BOND A person or married couple filing a return shall make estimated tax payments if the person's or couple's Iowa income tax attributable to income other than wages subject to withholding can reasonably be expected to amount to two hundred dollars or more for the taxable year, except that, in the cases of farmers and fishermen, the exceptions provided in the Internal Revenue Code with respect to making estimated payments apply. However, at the election of the person or married couple, an installment of the estimated tax may be paid prior to the date prescribed for its payment. If a person or married couple filing a return has reason to believe that the person's or couple's Iowa income tax may increase or decrease, either for purposes of meeting the requirement to make estimated tax payments or for the purpose of increasing or decreasing estimated tax payments, the person or married couple shall increase or decrease any subsequent estimated tax payments accordingly. b. In the case of persons or married couples filing jointly, the total balance of the tax payable after credits for taxes paid through withholding, as provided in subsection 1 of this section, or through payment of estimated tax, or a combination of withholding and estimated tax payments is due and payable on or before April 30 following the close of the calendar year, or if the return is to be made on the basis of a fiscal year, then on or before the last day of the fourth month following the close of the fiscal year.

422.21

FORM AND TIME OF RETURN The additional time period allowed applies to the spouse of the individual described in this paragraph to the extent the spouse files jointly or separately on the combined return form with the individual or when the spouse is a party with the individual to any matter for which the additional time period is allowed. If married taxpayers file a joint return or file separately on a combined return in accordance with rules prescribed by the director, both spouses are jointly and severally liable for the total tax due on the return, except when one spouse is considered to be an innocent spouse under criteria established pursuant to section 6015 of the Internal Revenue Code.

422.27

FINAL REPORT OF FIDUCIARY -- CONDITIONS This subsection does not apply if all property in the estate of a decedent is held in joint tenancy with right of survivorship by husband and wife alone.

422.120

LIVESTOCK PRODUCTION TAX CREDIT ALLOWED -- COW-CALF OPERATION In the case of married taxpayers, their combined federal taxable income shall be used to determine if they qualify for the credit.

38

Marriage in Iowa Law (DRAFT)

423

SALES AND USE TAXES 423.3

EXEMPTIONS "Clothing" includes, but is not limited to the following: aprons, household and shop; athletic supporters; baby receiving blankets; bathing suits and caps; beach capes and coats; belts and suspenders; boots; coats and jackets; costumes; diapers (children and adults, including disposable diapers); earmuffs; footlets; formal wear; garters and garter belts; girdles; gloves and mittens for general use; hats and caps; hosiery; insoles for shoes; lab coats; neckties; overshoes; pantyhose; rainwear; rubber pants; sandals; scarves; shoes and shoelaces; slippers; sneakers; socks and stockings; steel-toed shoes; underwear; uniforms, athletic and nonathletic; and wedding apparel.

423.6

EXEMPTIONS 10. Vehicles subject to registration which are transferred from a business or individual conducting a business within this state as a sole proprietorship, partnership, or limited liability company to a corporation formed by the sole proprietorship, partnership, or limited liability company for the purpose of continuing the business when all of the stock of the corporation so formed is owned by the sole proprietor and the sole proprietor's spouse, by all the partners in the case of a partnership, or by all the members in the case of a limited liability company.

425

HOMESTEAD TAX CREDITS AND REIMBURSEMENT 425.2

QUALIFYING FOR CREDIT Upon the filing and allowance of the claim, the claim shall be allowed on that homestead for successive years without further filing as long as the property is legally or equitably owned and used as a homestead by that person or that person's spouse on July 1 of each of those successive years, and the owner of the property being claimed as a homestead declares residency in Iowa for purposes of income taxation, and the property is occupied by that person or that person's spouse for at least six months in each of those calendar years in which the fiscal year begins. However, when the property is transferred as part of a distribution made pursuant to chapter 598, the transferee who is the spouse retaining ownership of the property is not required to refile for the credit. If the owner of the homestead is married, the spouse may sign and deliver the statement and designation.

425.11

DEFINITIONS When any person is inducted into active service under the Selective Training and Service Act of the United States or whose voluntary entry into active service results in a credit on the quota of persons required for service under the Selective Training and Service Act, or who, being a member of any component part of the military, naval, or air forces or nurse corps of this state or nation, is called or ordered into active service, such person shall be considered as occupying or living on the homestead during such service and, where equitable or legal title of the homestead is in the spouse of the person who is a member of or is inducted into the armed services of the United States, the spouse shall be considered as occupying or living on the homestead during such service. 4. The word "owner" shall mean the person who holds the fee simple title to the homestead, and in addition shall mean the person occupying as a surviving spouse or the person occupying under a contract of purchase which contract has been recorded in the office of the county recorder of the county in which the property is located; or the person occupying the homestead under devise or by operation of the inheritance laws where the whole interest passes or where the divided interest is shared only by persons related or formerly related to each other by blood, marriage or adoption; or the person occupying the homestead is a shareholder of a family farm corporation that owns the property; or the person occupying the homestead under a deed which conveys a divided interest where the divided interest is shared only by persons related or formerly related to each other by blood, marriage or adoption; or where the person occupying the homestead holds a life estate with the reversion interest held by a nonprofit corporation organized under chapter 504, provided that the holder of the life estate is liable for and pays property tax on the homestead; or where the person occupying the homestead holds an interest in a horizontal property regime under chapter 499B, regardless of whether the underlying land committed to the horizontal property regime is in fee or as a leasehold interest, provided that the holder of the interest in the horizontal property regime is liable for and pays property tax on the homestead; or where the person occupying the homestead is a member of a community land trust as defined in 42 U.S.C.

425.15

DISABLED VETERAN TAX CREDIT The credit allowed shall be continued to the estate of a veteran who is deceased or the surviving spouse and any child, as defined in section 234.1, who are the beneficiaries of a deceased veteran, so long as the surviving spouse remains unmarried.

39

Marriage in Iowa Law (DRAFT) This section is not applicable to the holder of title to any homestead whose annual income, together with that of the titleholder's spouse, if any, for the last preceding twelve-month income tax accounting period exceeds thirty-five thousand dollars.

425.17

DEFINITIONS 5. "Household" means a claimant and the claimant's spouse if living with the claimant at any time during the base year. 6. "Household income" means all income of the claimant and the claimant's spouse in a household and actual monetary contributions received from any other person living with the claimant during their respective twelve-month income tax accounting periods ending with or during the base year.

425.18

RIGHT TO FILE A CLAIM The right to file a claim for reimbursement or credit under this division may be exercised by the claimant or on behalf of a claimant by the claimant's legal guardian, spouse, or attorney, or by the executor or administrator of the claimant's estate.

425.21

SATISFACTION OF OUTSTANDING TAX LIABILITIES The amount of any claim for credit or reimbursement payable under this division may be applied by the department of revenue against any tax liability, delinquent accounts, charges, loans, fees, or other indebtedness due the state or state agency that has a formal agreement with the department for central debt collection, outstanding on the books of the department against the claimant, or against a spouse who was a member of the claimant's household in the base year.

425.26

PROOF OF CLAIM 2. Property taxes due or rent constituting property taxes paid, including the name and address of the owner or manager of the property rented and a statement whether the claimant is related by blood, marriage, or adoption to the owner or manager of the property rented.

425A

FAMILY FARM TAX CREDIT 425A.2

DEFINITIONS a. If the owner is an individual, the designated person includes the owner of the tract, the owner's spouse, the owner's child or stepchild, and their spouses, or the owner's relative within the third degree of consanguinity, and the relative's spouse. b. If the owner is a partnership, a partner, or the partner's spouse. c. If the owner is a family farm corporation, a family member who is a shareholder of the family farm corporation or the shareholder's spouse. d. If the owner is an authorized farm corporation, a shareholder who owns at least fifty-one percent of the stock of the authorized farm corporation or the shareholder's spouse. c. An individual who owns the agricultural land under devise or by operation of the inheritance laws, where the whole interest passes or where the divided interest is shared only by individuals related or formerly related to each other by blood, marriage, or adoption. d. An individual who owns the agricultural land under a deed which conveys a divided interest, where the divided interest is shared only by individuals related or formerly related to each other by blood, marriage, or adoption. e. A partnership where all partners are related or formerly related to each other by blood, marriage, or adoption.

425A.4

CLAIM FOR CREDIT 3. Upon the filing and allowance of the claim, the claim shall be allowed on that tract for successive years without further filing as long as the property is legally or equitably owned by that person or that person's spouse on July 1 of each of those successive years, and the designated person who is actively engaged in farming remains the same during these years. However, when the property is transferred as part of a distribution made pursuant to chapter 598, the transferee who is the spouse retaining ownership of the property is not required to file for the credit.

40

Marriage in Iowa Law (DRAFT)

426A

MILITARY SERVICE TAX CREDIT AND EXEMPTIONS 426A.12

EXEMPTIONS TO RELATIVES 1. The spouse, or surviving spouse remaining unmarried, of a veteran, as defined in this chapter or in section 35.1, where they are living together or were living together at the time of the death of the veteran. 2. The parent whose spouse is deceased and who remains unmarried, of a veteran, as defined in this chapter or in section 35.1, whether living or deceased, where the parent is, or was at the time of death of the veteran, dependent on the veteran for support.

426A.13

CLAIM FOR MILITARY TAX EXEMPTION -- DISCHARGE RECORDED Provided, that notwithstanding the filing or having on file a claim for exemption, the person or person's spouse is the legal or equitable owner of the property on July 1 of the year for which the claim is allowed. In all cases where the owner of the property is married, the spouse may file the claim for exemption.

427

PROPERTY EXEMPT AND TAXABLE 427.11

GRANTEE OR DEVISEE TO PAY TAX If the petitioner or person described in section 427.9 sells any parcel upon which the taxes, special assessments, and rates or charges, including interest, fees, and costs, have been suspended, or if any parcel, or any part of the parcel, upon which the taxes, special assessments, and rates or charges, including interest, fees, and costs, have been suspended, passes by devise, bequest, or inheritance to any person other than the surviving spouse or minor child of the petitioner or other person, the total amount due that has been thus suspended shall all become due and payable with the next semiannual installment of taxes.

428

LISTING PROPERTY FOR TAXATION 428.1

LISTING OF PROPERTY 2. The property of a married person, by either party.

428A

REAL ESTATE TRANSFER TAX 428A.2

EXCEPTIONS 11. Deeds between husband and wife, or parent and child, without actual consideration. For purposes of this subsection, a family corporation, partnership, limited partnership, limited liability partnership, or limited liability company is a corporation, partnership, limited partnership, limited liability partnership, or limited liability company where the majority of the voting stock of the corporation, or of the ownership shares of the partnership, limited partnership, limited liability partnership, or limited liability company is held by and the majority of the stockholders, partners, or members are persons related to each other as spouse, parent, grandparent, lineal ascendants of grandparents or their spouses and other lineal descendants of the grandparents or their spouses, or persons acting in a fiduciary capacity for persons so related and where all of its stockholders, partners, or members are natural persons or persons acting in a fiduciary capacity for the benefit of natural persons. 16. Deeds for the transfer of property or the transfer of an interest in property when the deed is executed between former spouses pursuant to a decree of dissolution of marriage.

435

TAX ON HOMES IN MANUFACTURED HOME COMMUNITIES AND MOBILE HOME PARKS 435.22

ANNUAL TAX -- CREDIT 2. If the owner of the home is an Iowa resident, has attained the age of twenty-three years on or before December 31 of the base year, and has an income when included with that of a spouse which is less than eight thousand five hundred dollars per year, the annual tax shall not be imposed on the home.

41

Marriage in Iowa Law (DRAFT) The home reduced rate of tax shall only be allowed on the home in which the claimant is residing at the time the claim for a reduced rate of tax is filed or was residing at the time of the claimant's death in the case of a claim filed on behalf of a deceased claimant by the claimant's legal guardian, spouse, or attorney, or by the executor or administrator of the claimant's estate.

450

INHERITANCE TAX 450.1

DEFINITIONS -- CONSTRUCTION e. "Stepchild" means the child of a person who was married to the decedent at the time of the decedent's death, or the child of a person to whom the decedent was married, which person died during the marriage to the decedent.

450.3

PROPERTY INCLUDED If both spouses consent, a gift made by one spouse to a person who is not the other spouse is considered, for the purposes of this subsection, as made one half by each spouse under the same terms and conditions provided for in section 2513 of the Internal Revenue Code. However, if such property is so held by the decedent and the surviving spouse as the only co-owners, one half of such property is not subject to taxation under the provisions of this chapter, but if the surviving spouse proves that the surviving spouse contributed to acquisition of such property an amount, in money or other property, greater than one half of the cost of the property held in joint tenancy, the portion of such property which is not subject to taxation under the provisions of this chapter shall be the proportion which the actual contribution by the surviving spouse is of the total contribution to acquisition of such property. 7. Which qualifies as a qualified terminable interest property as defined in section 2056(b)(7)(B) of the Internal Revenue Code, shall, if an election is made, be treated and considered as passing in fee, or its equivalent, to the surviving spouse in the estate of the donor-grantor. Property on which the election is made shall be included in the gross estate of the surviving spouse and shall be deemed to have passed in fee from the surviving spouse to the persons succeeding to the remainder interest, unless the property was sold, distributed, or otherwise disposed of prior to the death of the surviving spouse. A sale, disposition, or disposal of the property prior to the death of the surviving spouse shall void the election, and shall subject the property disposed of, less amounts received or retained by the surviving spouse, to tax in the donor- grantor's estate in the same manner as if the tax had been deferred under sections 450.44 through 450.49. Unless the will or trust instrument provides otherwise, the estate of the surviving spouse shall have the right to recover from the persons succeeding to the remainder interests, the additional tax imposed, if any, without interest, on the surviving spouse by reason of the election being made.

450.7

LIEN OF TAX 1. Except for the share of the estate passing to the surviving spouse, and parents, grandparents, great-grandparents, and other lineal ascendants, children including legally adopted children and biological children entitled to inherit under the laws of this state, stepchildren, and grandchildren, great-grandchildren, and other lineal descendants, the tax is a charge against and a lien upon the estate subject to tax under this chapter, and all property of the estate or owned by the decedent from the death of the decedent until paid, subject to the following limitation:

450.9

INDIVIDUAL EXEMPTIONS In computing the tax on the net estate, the entire amount of property, interest in property, and income passing to the surviving spouse, and parents, grandparents, great- grandparents, and other lineal ascendants, children including legally adopted children and biological children entitled to inherit under the laws of this state, stepchildren, and grandchildren, great-grandchildren, and other lineal descendants are exempt from tax.

450.10

RATE OF TAX 6. Property, interest in property, or income passing to the surviving spouse, and parents, grandparents, great- grandparents, and other lineal ascendants, children including legally adopted children and biological children entitled to inherit under the laws of this state, stepchildren, and grandchildren, great-grandchildren, and other lineal descendants, is not taxable under this section.

42

Marriage in Iowa Law (DRAFT) 450.12

LIABILITIES DEDUCTIBLE a. The debts owing by the decedent at the time of death, the local and state taxes accrued before the decedent's death, the federal estate tax and federal taxes owing by the decedent, a reasonable sum for funeral expenses, the allowance for surviving spouse and minor children granted by the probate court or its judge, court costs, and any other administration expenses allowable pursuant to section 2053 of the Internal Revenue Code.

450.22

ADMINISTRATION AVOIDED -- INHERITANCE TAX DUTIES REQUIRED -- PENALTY 2. However, this section does not apply and a return is not required to be filed even though real estate is part of the assets subject to tax under this chapter, if all of the assets are held in joint tenancy with right of survivorship between husband and wife alone, or if the estate exclusively consists of property held in joint tenancy with the right of survivorship solely by the decedent and individuals listed in section 450.9 as individuals that are entirely exempt from Iowa inheritance tax and the estate does not have a federal estate tax obligation. a. Assets held in joint tenancy with right of survivorship between husband and wife alone. This subsection does not apply to interests in an asset or assets that pass to both an individual listed in section 450.9 and to that individual's spouse.

450.53

DUTY TO PAY TAX -- PENALTIES This paragraph is not applicable if interests in the asset pass to both an individual listed in section 450.9 and to that individual's spouse.

455B

JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES 455B.213

CERTIFICATION OF OPERATORS An applicant is not ineligible for certification because of age, citizenship, sex, race, religion, marital status, or national origin although the application may require citizenship information.

455H

LAND RECYCLING AND REMEDIATION STANDARDS 455H.103

DEFINITIONS 2. "Affiliate" means a corporate parent, subsidiary, or predecessor of a participant, a co-owner or cooperator of a participant, a spouse, parent, or child of a participant, an affiliated corporation or enterprise of a participant, or any other person substantially involved in the legal affairs or management of a participant, as defined by the department. i. A transferee of the participant whether the transfer is by purchase, eminent domain, assignment, bankruptcy proceeding, partition, dissolution of marriage, settlement or adjudication of any civil action, charitable gift, or bequest, in conjunction with the acquisition of title to the enrolled site.

459

ANIMAL AGRICULTURE COMPLIANCE ACT 459.102

DEFINITIONS 27. "Family member" means a person related to another person as parent, grandparent, child, grandchild, sibling, or a spouse of such a related person.

459.317

HABITUAL VIOLATORS -- PENDING ACTIONS -- RESTRICTIONS ON CONSTRUCTION (c) A person related to the habitual violator as spouse, parent, grandparent, lineal ascendant of a grandparent or spouse and any other lineal descendant of the grandparent or spouse, or a person acting in a fiduciary capacity for a related person.

459A

ANIMAL AGRICULTURE COMPLIANCE ACT FOR OPEN FEEDLOT OPERATIONS 459A.103

SPECIAL TERMS An interest in the open feedlot operation under subparagraph (2) or (3) which is held directly or indirectly by the person's spouse or dependent child shall be attributed to the person.

43

Marriage in Iowa Law (DRAFT)

483A

FISHING AND HUNTING LICENSES, CONTRABAND, AND GUNS 483A.24

WHEN LICENSE NOT REQUIRED -- SPECIAL LICENSES (1) "Family member" means a resident of Iowa who is the spouse or child of the owner or tenant and who resides with the owner or tenant.

490

BUSINESS CORPORATIONS 490.1110

BUSINESS COMBINATIONS WITH INTERESTED SHAREHOLDERS (3) A relative or spouse of the person, or any relative of the spouse, who has the same residence as the person.

490A

LIMITED LIABILITY COMPANIES 490A.1501 DEFINITIONS 4. "Profession" means the profession of certified public accountancy, architecture, chiropractic, dentistry, physical therapy, psychology, professional engineering, land surveying, landscape architecture, law, medicine and surgery, optometry, osteopathy, osteopathic medicine and surgery, accounting practitioner, podiatry, real estate brokerage, speech pathology, audiology, veterinary medicine, pharmacy, nursing, and marriage and family therapy, provided that the marriage and family therapist is licensed under chapters 147 and 154D.

501

CLOSED COOPERATIVES 501.103

PERMISSIBLE MEMBERS -- LIMITED FARMING ACTIVITIES 5. In the event of a transfer of an interest in a cooperative by operation of law as a result of death, divorce, bankruptcy, or pursuant to a security interest, the cooperative may disregard the transfer for purposes of determining compliance with subsection 2 for a period of two years after the transfer.

501A

COOPERATIVE ASSOCIATIONS ACT 501A.713

DIRECTOR CONFLICTS OF INTEREST A family member of a director includes the spouse, parents, children and spouses of children, brothers and sisters and spouses of brothers and sisters, and the brothers and sisters of the spouse of the director or any combination of them.

502

UNIFORM SECURITIES ACT (Blue Sky Law) 502.321A

SPECIAL DEFINITIONS A person is the beneficial owner of securities beneficially owned by any relative or spouse or relative of the spouse residing in the home of the person, any trust or estate in which the person owns ten percent or more of the total beneficial interest or serves as trustee or executor, any corporation or entity in which the person owns ten percent or more of the equity, and any affiliate or associate of the person.

507A

UNAUTHORIZED INSURERS 507A.4

TRANSACTIONS WHERE LAW NOT APPLICABLE § 1169, which provides health benefits to independent contractors of the employer and to spouses and dependents of the independent contractors, if the plan is granted a waiver from the provisions of this chapter by the commissioner and meets all of the following conditions:

(5) Independent contractors and their spouses and dependents included in an employer-sponsored health benefit plan do not in total equal more than forty-nine percent of the total persons covered by the health benefit plan.

44

Marriage in Iowa Law (DRAFT)

508

LIFE INSURANCE COMPANIES 508.37

STANDARD NONFORFEITURES -- LIFE INSURANCE c. Provided further that for a family policy issued on or after the operative date of subsection 6 as defined in paragraph "k" of that subsection, which defines a primary insured and provides term insurance on the life of the spouse of the primary insured expiring before the spouse's age seventy-one, the cash surrender value referred to in paragraph "a" shall be an amount not less than the sum of the cash surrender value as defined in paragraph "a" for an otherwise similar policy issued at the same age without term insurance on the life of the spouse and the cash surrender value as defined in paragraph "a" for a policy which provides only the benefits otherwise provided by the term insurance on the life of the spouse.

509

GROUP INSURANCE 509.1

FORM OF POLICY d. Group policies may include dependents of the employee, including the spouse. e. The policy shall not exclude from coverage an employee or an employee's spouse or dependents on the basis of the eligibility of the employee or the employee's spouse or dependents for medical assistance under chapter 249A. e. Policies may include dependents of the insured, including the spouse. f. The policy shall not exclude from coverage a member or a member's spouse or dependents on the basis of the eligibility of the member or the member's spouse or dependents for medical assistance under chapter 249A. e. Policies may include dependents of the insured, including the spouse. f. The policy shall not exclude from coverage an employee or member or an employee's or member's spouse or dependents on the basis of the eligibility of the employee or member or employee's or member's spouse or dependents for medical assistance under chapter 249A. e. Policies may include dependents of the employees, including the spouse. f. The policy shall not exclude from coverage an employee or an employee's spouse or dependents on the basis of the eligibility of the employee or the employee's spouse or dependents for medical assistance under chapter 249A. a. The policy provides group health insurance coverage to eligible employees of members of a bona fide association that are small employers as defined in section 513B.2, and to the spouses and dependents of such employees. (2) The association does not condition membership in the association on the health status of employees of its members or the health status of the spouses and dependents of such employees. (3) Group health insurance coverage offered by the association is available to all eligible employees of its members that are small employers as defined in section 513B.2 who choose to participate in the health insurance coverage offered, and to the spouses and dependents of such employees, regardless of the health status of such employees or their spouses and dependents. (4) Group health insurance coverage offered by the association is available only to persons who are eligible employees of a small employer as defined in section 513B.2 that is a member of the association, or to the spouses or dependents of such employees.

509.14

GROUP INSURANCE ON FRANCHISE PLAN g. Accident and sickness policies may include the spouse and dependents of the insured.

509A

GROUP INSURANCE FOR PUBLIC EMPLOYEES 509A.13A

CONTINUATION OF GROUP INSURANCE COVERING SPOUSES a. "Eligible retired state employee" means a former employee of the government of the state of Iowa, including but not limited to any departments, agencies, boards, bureaus, or commissions of the state of Iowa, who is receiving the minimum level of retirement benefits for eligibility under this section and who is participating in a state health or medical group insurance plan which covers the former employee and the former employee's spouse at the time of the death of the former employee.

45

Marriage in Iowa Law (DRAFT) 2. Notwithstanding any provision of law to the contrary, in the event of the death of an eligible retired state employee, the surviving spouse of the eligible retired state employee whose insurance would otherwise terminate because of the death of the eligible retired state employee may elect to continue to be a member of the state health or medical group insurance plan by requesting continuation in writing to the department of administrative services within thirty-one days after the death of the eligible retired state employee. The surviving spouse shall pay the total premium for the state health or medical group insurance plan and shall have the same rights to change programs or coverage as state employees.

509B

CONTINUATION OF GROUP HEALTH INSURANCE 509B.2

PERSONS INCLUDED IN THIS CHAPTER A provision in this chapter which relates to termination of insurance under a group policy of an employee or member and the employee's or member's covered dependents includes termination of insurance with respect to the surviving or former spouse or children of an employee or member whose insurance would terminate because of dissolution or annulment of the marriage of the employee or member, or would terminate because of death of the employee or member.

2. A provision in this chapter which relates to an employee or member includes the surviving or former spouse or children if termination occurs because of dissolution or annulment of a marriage or death of an employee or member.

509B.3

CONTINUATION OF BENEFITS c. If the person covered is a former spouse, upon the former spouse's remarriage. (1) The employee, member, spouse, or eligible dependent may become covered under the different group policy, for the balance of the period that the employee or member would have remained covered under the prior group policy had a termination of the group policy as specified in paragraph "d" not occurred. 8. The spouse of an employee or member, and any covered dependent children of the employee or member, whose coverage under the group policy would otherwise terminate because of dissolution or annulment of marriage or death of the employee or member shall have the same contribution and notice responsibilities and privileges as provided under this chapter to the employee or member upon termination of employment or membership.

512B

FRATERNAL BENEFIT SOCIETIES 512B.36

EXEMPTION OF CERTAIN SOCIETIES b. Orders, societies, or associations which admit to membership only persons engaged in one or more crafts or hazardous occupations, in the same or similar lines of business, insuring only their own members and their families, and the spouses' societies or spouses' auxiliaries to such orders, societies, or associations.

513B

SMALL GROUP HEALTH COVERAGE 513B.2

DEFINITIONS (2) The individual lost creditable coverage as a result of termination of the individual's employment or eligibility, the involuntary termination of the creditable coverage, death of the individual's spouse, or the individual's divorce. c. A court has ordered that coverage be provided for a spouse or minor or dependent child under a covered employee's health insurance coverage and the request for enrollment is made within thirty days after issuance of the court order.

513C

INDIVIDUAL HEALTH INSURANCE MARKET REFORM 513C.11

SELF-FUNDED EMPLOYER-SPONSORED HEALTH BENEFIT PLAN PARTICIPATION IN REINSURANCE ASSOCIATION 1. A self-funded employer-sponsored health benefit plan qualified under the federal Employee Retirement Income Security Act of 1974 may voluntarily elect to participate in the Iowa individual health benefit reinsurance association established in section 513C.10 in accordance with the plan of operation and subject to such terms and conditions adopted by the board of the association established in section 514E.2 to provide portability and continuity to its covered employees and their covered spouses and dependents subject to the same terms and conditions as a participating insurer.

46

Marriage in Iowa Law (DRAFT)

514

NONPROFIT HEALTH SERVICE CORPORATIONS 514.4

DIRECTORS A subscriber director is a director of the board of a corporation who is a subscriber and who is not a provider of health care pursuant to section 514B.1, subsection 7, a person who has material financial or fiduciary interest in the delivery of health care services or a related industry, an employee of an institution which provides health care services, or a spouse or a member of the immediate family of such a person. A provider director of a corporation subject to this chapter shall be at all times a person who has a material financial interest in or is a fiduciary to or an employee of or is a spouse or member of the immediate family of a provider having a contract with such corporation to render to its subscribers the services of such corporation or who is a hospital trustee.

514.23

MUTUALIZATION PLAN d. A spouse or a member of the immediate family of a person described in paragraphs "a" through "c".

514A

ACCIDENT AND HEALTH INSURANCE 514A.2

FORM OF POLICY c. It purports to insure only one person, except that a policy may insure, originally or by subsequent amendment, upon the application of an adult member of a family who shall be deemed the policyholder, any two or more eligible members of that family, including husband, wife, dependent children or any children under a specified age which shall not exceed nineteen years and any other person dependent upon the policyholder; and

514A.3

ACCIDENT AND SICKNESS POLICY PROVISIONS (insert an amount which shall not exceed one thousand dollars), to any relative by blood or connection by marriage of the insured or beneficiary who is deemed by the insurer to be equitably entitled thereto.

514C

SPECIAL HEALTH AND ACCIDENT INSURANCE COVERAGES 514C.9

MEDICAL SUPPORT -- INSURANCE REQUIREMENTS a. The child is born out of wedlock. a. "Child" means a person, other than an obligee's spouse or former spouse, who is recognized under a qualified medical child support order as having a right to enrollment under a group health plan as the obligor's dependent.

514C.22

BIOLOGICALLY BASED MENTAL ILLNESS COVERAGE a. Marital, family, educational, developmental, or training services.

514E

IOWA COMPREHENSIVE HEALTH INSURANCE ASSOCIATION 514E.7

POLICIES -- ELIGIBLE PERSONS -- DEPENDENT COVERAGE -- PREEXISTING CONDITIONS 2. An association policy shall provide that coverage of a dependent unmarried person terminates when the person becomes nineteen years of age or, if the person is enrolled full time in an accredited educational institution, terminates at twenty-five years of age.

515

INSURANCE OTHER THAN LIFE 515.103

USE OF CREDIT INFORMATION -- PERSONAL INSURANCE a. Use an insurance score that is calculated using income, gender, address, zip code, ethnic group, religion, marital status, race, or nationality of a consumer as a factor.

47

Marriage in Iowa Law (DRAFT)

515G

MUTUAL INSURANCE COMPANY CONVERSIONS 515G.13

PROHIBITIONS ON CERTAIN OFFERS TO ACQUIRE SHARES Prior to and for a period of five years following the effective date of the conversion, and five years following the date of distribution of consideration to the policyholders in exchange for their membership interests, an officer or director, including family members and their spouses, of the mutual insurer or the successor stock company, shall not directly or indirectly offer to acquire or acquire control of the successor stock company unless the acquisition is made pursuant to a stock option or other plan approved by the commissioner, made pursuant to the plan of conversion, or made after the initial public offering from a broker or dealer of registered securities with the securities and exchange commission at the quoted price on the date of purchase, or made in connection with the defense against an acquisition of control of the reorganized company pursuant to any proposal not approved by the board of directors. As used in this section, "family member" includes a brother, sister, spouse, parent, grandparent, ancestor, or descendant of the officer or director.

516D

RENTAL OF MOTOR VEHICLES 516D.3

DEFINITIONS c. A customer's spouse, if the spouse is a licensed driver and satisfies the rental company's minimum age requirement.

516D.7

PROHIBITIONS 9. Assessment of additional driver fees for licensed drivers who are spouses or business associates engaged in business activities with the customer to whom the vehicle is rented, other than charges for a person who does not satisfy the rental company's minimum age requirement, if applicable.

522B

LICENSING OF INSURANCE PRODUCERS 522B.10

TEMPORARY LICENSING a. To the surviving spouse or court-appointed personal representative of a licensed insurance producer who dies or becomes mentally or physically disabled, to allow adequate time for the sale of the insurance business owned by the insurance producer, for the recovery or return of the insurance producer to the business, or for the training and licensing of new personnel to operate the insurance producer's business.

523A

CEMETERY AND FUNERAL MERCHANDISE AND FUNERAL SERVICES 523A.102

DEFINITIONS 17. "Next of kin" means the surviving spouse and heirs at law of the deceased.

523H

FRANCHISES 523H.5

TRANSFER OF FRANCHISE a. The succession of ownership of a franchise upon the death or disability of a franchisee, or of an owner of a franchise, to the surviving spouse, heir, or a partner active in the management of the franchisee unless the successor fails to meet within one year the then current reasonable qualifications of the franchisor for franchisees and the enforcement of the reasonable current qualifications is not arbitrary or capricious. d. A transfer of less than a controlling interest in the franchise to the franchisee's spouse or child or children, provided that more than fifty percent of the entire franchise is held by those who meet the franchisor's reasonable current qualifications.

523I

IOWA CEMETERY ACT 523I.102

DEFINITIONS 41. "Relative" means a great-grandparent, grandparent, father, mother, spouse, child, brother, sister, nephew, niece, uncle, aunt, first cousin, second cousin, third cousin, or grandchild connected to a person by either blood or affinity.

48

Marriage in Iowa Law (DRAFT) 523I.309

INTERMENT, RELOCATION, OR DISINTERMENT OF REMAINS a. The surviving spouse of the decedent, if not legally separated from the decedent.

524

BANKS 524.612

DIRECTOR DEALING WITH STATE BANK 5. For the purpose of this section and section 524.706, loans and extensions of credit, as defined in section 524.904, to the spouse of a director or officer, other than a spouse who is legally separated from the director or officer under a decree of divorce or separate maintenance, or to minor children of a director or officer to the state bank in which the person is a director or officer, are considered loans and extensions of credit of such director or officer. However, loans and extensions of credit of a spouse are not considered loans and extensions of credit of the director or officer if all of the following apply: a. Assets and liabilities of a director or officer are not included in the financial statement of the spouse and are not otherwise relied upon as a basis for loans or extensions of credit to the spouse. b. The guarantee of a director or officer is not relied upon as a basis for loans or extensions of credit to the spouse. c. The proceeds of the loans and extensions of credit to the spouse are not intermingled with or used for a common purpose with the proceeds of loans and extensions of credit to the director or officer.

524.1106

FEES PAID TO AN AFFILIATE -- APPROVAL BY SUPERINTENDENT Any contract or arrangement for consultation or other services which involve payment of those services by a state bank to any person who individually or whose spouse or immediate family or any combination thereof owns fifteen percent or more of the outstanding shares of that bank or is an officer or director thereof, or to an affiliate may be reviewed by the superintendent.

534

SAVINGS AND LOAN ASSOCIATIONS 534.302

OWNERSHIP OF SAVINGS ACCOUNTS Savings accounts may be opened and held solely and absolutely in the person's own right by, or in trust for, any person, including an adult or minor individual, male or female, single or married, a partnership, association, fiduciary corporation, or political subdivision or public or government unit or any other corporation or legal entity.

535

MONEY AND INTEREST 535.3

INTEREST ON JUDGMENTS AND DECREES 2. Interest on periodic payments for child, spousal, or medical support shall not accrue until thirty days after the payment becomes due and owing and shall accrue at a rate of ten percent per annum thereafter.

537

CONSUMER CREDIT CODE 537.1301

GENERAL DEFINITIONS (1) The spouse of the individual. (3) An ancestor or lineal descendant of the individual or the individual's spouse. (4) Any other relative, by blood or marriage, of the individual or the individual's spouse, if the relative shares the same home with the individual. (3) The spouse of a person related to the organization. (4) A relative by blood or marriage of a person related to the organization who shares the same home with the person.

49

Marriage in Iowa Law (DRAFT) 537.3208

NOTICE TO COSIGNERS AND SIMILAR PARTIES 1. No natural person, other than the spouse of the consumer, is obligated as a cosigner, comaker, guarantor, endorser, surety, or similar party with respect to a consumer credit transaction, unless before or contemporaneously with signing any separate agreement of obligation or any writing setting forth the terms of the debtor's agreement, the person receives a separate written notice that contains a completed identification of the debt the person may have to pay and reasonably informs the person of the person's obligation with respect to it.

537.3304

USE OF MULTIPLE AGREEMENTS For the purposes of this subsection, multiple agreements are used if a lender allows any person, or husband and wife, to become obligated in any way under more than one loan agreement with the lender or with a person related to the lender.

537.3311

DISCRIMINATION PROHIBITED 1. The age, color, creed, national origin, political affiliation, race, religion, sex, marital status, or disability of the consumer.

537.7103

PROHIBITED PRACTICES (8) Communicating with the debtor's spouse with the consent of the debtor, or responding to inquiry from the debtor's spouse. a. The seeking or obtaining of a written statement or acknowledgment in any form that specifies that a debtor's obligation is one chargeable upon the property of either husband or wife or both, under section 597.14, when the original obligation was not in fact so chargeable.

537A

CONTRACTS 537A.10

FRANCHISE AGREEMENTS g. A transfer of less than a controlling interest in the franchise to the franchisee's spouse or child or children shall be permitted if following the transfer more than fifty percent of the interest in the entire franchise is held by those who meet the franchisor's reasonable current qualifications. h. A franchisor shall not deny the surviving spouse or a child or children of a deceased or permanently disabled franchisee the opportunity to participate in the ownership of a franchise under a valid franchise agreement for a reasonable period, which need not exceed one year, after the death or disability of the franchisee. During such reasonable period, the surviving spouse or the child or children of the franchisee shall either meet all of the qualifications which the franchisee was subject to at the time of the death or disability of the franchisee, or sell, transfer, or assign the franchise to a person who meets the franchisor's current qualifications for a new franchisee. The rights granted pursuant to this subsection are subject to the surviving spouse or the child or children of the franchisee maintaining all standards and obligations of the franchise.

539

ASSIGNMENT OF ACCOUNTS AND NONNEGOTIABLE INSTRUMENTS 539.4

ASSIGNMENT OF WAGES No sale or assignment, by the head of a family, of wages, whether the same be exempt from execution or not, shall be of any validity whatever unless the same be evidenced by a written instrument, and if married, unless the husband and wife sign and acknowledge the same joint instrument before an officer authorized to take acknowledgments.

542

PUBLIC ACCOUNTANTS 542.5

QUALIFICATIONS FOR A CERTIFICATE AS A CERTIFIED PUBLIC ACCOUNTANT An applicant shall not be denied a certificate because of age, citizenship, race, religion, marital status, or national origin, although the application may require citizenship information.

50

Marriage in Iowa Law (DRAFT)

542B

PROFESSIONAL ENGINEERS AND LAND SURVEYORS 542B.13

APPLICATIONS AND EXAMINATION FEES An applicant is not ineligible for licensure because of age, citizenship, sex, race, religion, marital status or national origin, although the application form may require citizenship information.

543B

REAL ESTATE BROKERS AND SALESPERSONS 543B.7

ACTS EXCLUDED FROM PROVISIONS 1. A person who, as owner, spouse of an owner, general partner of a limited partnership, lessor, or prospective purchaser who does not make repeated and successive transactions of a like character, or through another engaged by such person on a regular full-time basis, buys, sells, manages, or otherwise performs any act with reference to property owned, rented, leased, or to be acquired by such person.

543B.15

QUALIFICATIONS However, an applicant is not ineligible because of citizenship, sex, race, religion, marital status, or national origin, although the application form may require citizenship information.

543B.34

INVESTIGATIONS BY COMMISSION -- LICENSING SANCTIONS -- CIVIL PENALTY However, a broker associate or salesperson may, without violating this subsection, accept a commission or valuable consideration from a corporation which is wholly owned, or owned with a spouse, by the broker associate or salesperson if the conditions described in subsection 9 are met. b. A broker may pay a commission to a corporation which is wholly owned, or owned with a spouse, by a salesperson or broker associate employed by or otherwise associated with the broker, if all of the following conditions are met:

544A

REGISTERED ARCHITECTS 544A.25

APPLICANT -- CIVIL RIGHTS -- MORAL CHARACTER An applicant is not ineligible for registration because of age, citizenship, sex, race, religion, marital status or national origin, although the application form may require citizenship information.

544B

LANDSCAPE ARCHITECTS 544B.9

APPLICATIONS An applicant shall not be ineligible for licensure because of age, citizenship, sex, race, religion, marital status, or national origin.

554

UNIFORM COMMERCIAL CODE 554.9102

DEFINITIONS AND INDEX OF DEFINITIONS (1) the spouse of the individual; (3) an ancestor or lineal descendant of the individual or the individual's spouse; or (4) any other relative, by blood or marriage, of the individual or the individual's spouse who shares the same home with the individual. (4) the spouse of an individual described in subparagraph (1), (2), or (3); or (5) an individual who is related by blood or marriage to an individual described in subparagraph (1), (2), (3), or (4) and shares the same home with the individual.

51

Marriage in Iowa Law (DRAFT)

555A

DOOR=TO=DOOR SALES 555A.1

DEFINITIONS For purposes of this subparagraph, "social referral service" means a service for a fee providing matching or introduction of individuals for the purpose of dating, matrimony, or general social contact not otherwise prohibited by law, and "ancillary service" means goods or services directly or indirectly related to or to be provided in connection with a social referral service.

557

REAL PROPERTY IN GENERAL 557.4

AFTER-ACQUIRED INTEREST -- EXCEPTION But if the spouse of such grantor joins in such conveyance for the purpose of relinquishing dower or homestead only, and subsequently acquires an interest therein as above defined, it shall not be held to inure to the benefit of the grantee.

557.11

CONVEYANCES BY MARRIED PERSONS A married person may convey or encumber any real estate or interest therein belonging to the person, and may control the same, or contract with reference thereto, to the same extent and in the same manner as other persons.

557.12

CONVEYANCES BY HUSBAND AND WIFE Every conveyance made by a husband and wife shall be sufficient to pass any and all right of either in the property conveyed, unless the contrary appears on the face of the conveyance.

557.13

COVENANTS -- SPOUSE NOT BOUND Where either the husband or wife joins in a conveyance of real estate owned by the other, the husband or wife so joining shall not be bound by the covenants of such conveyance, unless it is expressly so stated on the face thereof.

557B

MEMBERSHIP CAMPGROUNDS 557B.8

DISCLOSURES TO PURCHASERS (3) Any other conditions, such as a minimum age qualification, a financial qualification, or a requirement that if the recipient is married both husband and wife must be present in order to receive the item.

558

CONVEYANCES 558.14

GRANTOR DESCRIBED AS "SPOUSE" OR "HEIR" -- PRESUMPTION All conveyances or the record title thereof of real estate executed more than ten years earlier, wherein the grantor or grantors described themselves as the surviving spouse, heir at law, heirs at law, surviving spouse and heir at law, or surviving spouse and heirs at law, of some person deceased in whom the record title or ownership of said real estate previously vested, shall be conclusive evidence of the facts so recited as far as they relate to the right of the grantor or grantors to convey, as fully as if the record title of said grantor or grantors had been established by due probate proceedings in the county wherein the real estate is situated.

558.35

MARRIED PERSONS The acknowledgment of a married person, when required by law, may be taken in the same form as if the person were sole, and without any examination separate and apart from the person's spouse.

558.66

TITLE DECREE -- ENTRY ON TRANSFER BOOKS Upon receipt of a certificate issued by the clerk of the district court or clerk of the supreme court indicating that the title to real estate has been finally established in any named person by judgment or decree or by will or by affidavit of or on behalf of a surviving spouse that has been recorded by the recorder, the auditor shall enter the information in the certificate upon the transfer books, upon payment of a fee in the amount specified in section 331.507, subsection 2, paragraph "a".

52

Marriage in Iowa Law (DRAFT) An affidavit of or on behalf of a surviving spouse may be recorded with the county recorder only when real estate owned by a decedent, who died on or after January 1, 1988, was held in joint tenancy with right of survivorship solely with the surviving spouse and shall be in the following form: AFFIDAVIT OF SURVIVING SPOUSE FOR is] the surviving spouse of ........, who died on the ...

558A

REAL ESTATE DISCLOSURES 558A.1

DEFINITIONS e. A transfer made to a spouse, or to a person in the lineal line of consanguinity of a person making the transfer. f. A transfer between spouses resulting from a decree of dissolution of marriage, a decree of legal separation, or a property settlement agreement which is incidental to the decree, including a decree ordered pursuant to chapter 598.

558A.2

PROCEDURES The delivery may be made to the spouse of the transferee, unless otherwise provided by the parties.

561

HOMESTEAD 561.1

"HOMESTEAD" DEFINED 2. As used in this chapter, "owner" includes but is not limited to the person, or the surviving spouse of the person, occupying the homestead as a beneficiary of a trust that includes the property in the trust estate.

561.4

SELECTING -- PLATTING The owner, husband or wife, or a single person, may select the homestead and cause it to be platted, but a failure to do so shall not render the same liable when it otherwise would not be, and a selection by the owner shall control.

561.7

CHANGES -- NONCONSENTING SPOUSE No such change of the entire homestead, made without the concurrence of the other spouse, shall affect that spouse's rights, or those of the children.

561.11

OCCUPANCY BY SURVIVING SPOUSE Upon the death of either spouse, the survivor may continue to possess and occupy the whole homestead until it is otherwise disposed of according to law, but the setting off of the distributive share of the survivor in the real estate of the deceased shall be such a disposal of the homestead as is herein contemplated.

561.13

CONVEYANCE OR ENCUMBRANCE A conveyance or encumbrance of, or contract to convey or encumber the homestead, if the owner is married, is not valid, unless and until the spouse of the owner executes the same or a like instrument, or a power of attorney for the execution of the same or a like instrument. If a spouse who holds only homestead rights and surviving spouse's statutory share in the homestead specifically relinquishes homestead rights in an instrument, including a power of attorney constituting the other spouse as the husband's or wife's attorney in fact, as provided in section 597.5, it is not necessary for the spouse to join in the granting clause of the same or a like instrument.

561.14

DEVISE Subject to the rights of the surviving spouse, the homestead may be devised like other real estate of the testator.

561.15

REMOVAL OF SPOUSE OR CHILDREN Neither spouse can remove the other nor the children from the homestead without the consent of the other.

53

Marriage in Iowa Law (DRAFT) 561.18

DESCENT If there be no survivor, the homestead descends to the issue of either spouse according to the rules of descent, unless otherwise directed by will.

561.19

EXEMPTION IN HANDS OF ISSUE Where the homestead descends to the issue of either spouse the homestead shall be held exempt from any antecedent debts of the issue's parents or antecedent debts of the issue, except those of the owner of the homestead contracted prior to acquisition of the homestead or those created under section 249A.5 relating to the recovery of medical assistance payments.

565B

TRANSFERS TO MINORS 565B.1

DEFINITIONS 10. "Member of the minor's family" means the minor's parent, stepparent, spouse, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption.

565B.13

POWERS OF CUSTODIAN 1. A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers, and authority in that capacity only.

572

MECHANIC'S LIEN 572.1

DEFINITIONS AND RULES OF CONSTRUCTION 5. "Owner-occupied dwelling" means the homestead of an owner, as defined in section 561.1, and without respect to the value limitations in section 561.3, and actually occupied by the owner or the spouse of the owner, or both.

572.14

LIABILITY TO SUBCONTRACTOR AFTER PAYMENT TO ORIGINAL CONTRACTOR This notice may be served by delivering it to the owner or the owner's spouse personally, or by mailing it to the owner by certified mail with restricted delivery and return receipt to the person mailing the notice, or by personal service as provided in the rules of civil procedure.

587

JUDGMENTS AND DECREES LEGALIZED 587.11

ANNULMENT OF MARRIAGES -- SERVICE BY PUBLICATION All decrees of the courts of this state made and entered of record in actions brought to annul a marriage in which the service of the original notice was made by publication in the manner provided by law for actions for divorce are hereby legalized and validated as fully and to the same extent as if the statute at the time such suit was instituted had provided for service of the original notice by publication in the time and manner aforesaid.

589

REAL PROPERTY 589.17

CONVEYANCES BY SPOUSE UNDER POWER A conveyance of real estate executed more than ten years earlier, in which the husband or wife conveyed or contracted to convey the inchoate right of dower through the other spouse, acting as the attorney in fact, by virtue of a power of attorney executed by the spouse, the power of attorney not having been executed as a part of a contract of separation, are not invalid.

595

MARRIAGE 595.1A

CONTRACT Marriage is a civil contract, requiring the consent of the parties capable of entering into other contracts, except as herein otherwise declared.

54

Marriage in Iowa Law (DRAFT) 595.2

GENDER -- AGE 1. Only a marriage between a male and a female is valid. 2. Additionally, a marriage between a male and a female is valid only if each is eighteen years of age or older. However, if either or both of the parties have not attained that age, the marriage may be valid under the circumstances prescribed in this section. 3. If either party to a marriage falsely represents the party's self to be eighteen years of age or older at or before the time the marriage is solemnized, the marriage is valid unless the person who falsely represented their age chooses to void the marriage by making their true age known and verified by a birth certificate or other legal evidence of age in an annulment proceeding initiated at any time before the person reaches their eighteenth birthday. A child born of a marriage voided under this subsection is legitimate. 4. A marriage license may be issued to a male and a female either or both of whom are sixteen or seventeen years of age if both of the following apply: a. The parents of the underage party or parties certify in writing that they consent to the marriage. If one of the parents of any underage party to a proposed marriage is dead or incompetent the certificate may be executed by the other parent, if both parents are dead or incompetent the guardian of the underage party may execute the certificate, and if the parents are divorced the parent having legal custody may execute the certificate; and b. The certificate of consent of the parents, parent, or guardian is approved by a judge of the district court or, if both parents of any underage party to a proposed marriage are dead, incompetent, or cannot be located and the party has no guardian, the proposed marriage is approved by a judge of the district court. A judge shall grant approval under this subsection only if the judge finds the underage party or parties capable of assuming the responsibilities of marriage and that the marriage will serve the best interest of the underage party or parties. Pregnancy alone does not establish that the proposed marriage is in the best interest of the underage party or parties, however, if pregnancy is involved the court records which pertain to the fact that the female is pregnant shall be sealed and available only to the parties to the marriage or proposed marriage or to any interested party securing an order of the court. 5. If a parent or guardian withholds consent, the judge upon application of a party to a proposed marriage shall determine if the consent has been unreasonably withheld.

595.3

LICENSE Previous to the solemnization of any marriage, a license for that purpose must be obtained from the county registrar. 1. Where either party is under the age necessary to render the marriage valid. 2. Where either party is under eighteen years of age, unless the marriage is approved by a judge of the district court as provided by section 595.2. 4. Where the parties are within the degrees of consanguinity or affinity in which marriages are prohibited by law. 5. Where either party is a ward under a guardianship and the court has made a finding that the ward lacks the capacity to contract a valid marriage.

595.3A

APPLICATION FORM AND LICENSE -- ABUSE PREVENTION LANGUAGE In addition to any other information contained in an application form for a marriage license and a marriage license, the application form and license shall contain the following statement in bold print: "THE LAWS OF THIS STATE AFFIRM YOUR RIGHT TO ENTER INTO THIS MARRIAGE AND AT THE SAME TIME TO LIVE WITHIN THE MARRIAGE UNDER THE FULL PROTECTION OF THE LAWS OF THIS STATE WITH REGARD TO VIOLENCE AND ABUSE. Assault, sexual abuse, and willful injury of a spouse or other family member are violations of the laws of this state and are punishable by the state." Section History: Recent Form 97 Acts, ch 175, §233

595.4

AGE AND QUALIFICATION -- VERIFIED APPLICATION -- WAITING PERIOD -- EXCEPTION Previous to the issuance of any license to marry, the parties desiring the license shall sign and file a verified application with the county registrar which application either may be mailed to the parties at their request or may be signed by them at the office of the county registrar in the county in which the license is to be issued. Upon the filing of the application for a license to marry, the county registrar shall file the application in a record kept for that purpose and shall take all necessary steps to ensure the confidentiality of the social security number of each applicant.

55

Marriage in Iowa Law (DRAFT) A license to marry may be validated prior to the expiration of three days from the date of issuance of the license in cases of emergency or extraordinary circumstances. No order may be granted unless the parties have filed an application for a marriage license in a county within the judicial district. An application for an order shall be made on forms furnished by the county registrar at the same time the application for the license to marry is made. After examining the application for the marriage license and issuing the license, the county registrar shall refer the parties to a judge of the district court for action on the application for an order authorizing the validation of a marriage license prior to expiration of three days from the date of issuance of the license. The judge shall, if satisfied as to the existence of an emergency or extraordinary circumstances, grant an order authorizing the validation of a license to marry prior to the expiration of three days from the date of issuance of the license to marry. The county registrar shall validate a license to marry upon presentation by the parties of the order authorizing a license to be validated. A fee of five dollars shall be paid to the county registrar at the time the application for the order is made, which fee is in addition to the fee prescribed by law for the issuance of a marriage license.

595.5

NAME CHANGE ADOPTED 1. A party may indicate on the application for a marriage license the adoption of a name change. The names used on the marriage license shall become the legal names of the parties to the marriage. The marriage license shall contain a statement that when a name change is requested and affixed to the marriage license, the new name is the legal name of the requesting party.

595.7

DELIVERY OF BLANK WITH LICENSE When a license is issued the county registrar shall deliver to the applicant a blank return for the marriage, and give instructions relative to the blank return as will insure a complete and accurate return.

595.9

VIOLATIONS If a marriage is solemnized without procuring a license, the parties married, and all persons aiding them, are guilty of a simple misdemeanor.

595.10

WHO MAY SOLEMNIZE Marriages may be solemnized by:

595.11

NONSTATUTORY SOLEMNIZATION -- FORFEITURE Marriages solemnized, with the consent of parties, in any manner other than that prescribed in this chapter, are valid; but the parties, and all persons aiding or abetting them, shall pay to the treasurer of state for deposit in the general fund of the state the sum of fifty dollars each; but this shall not apply to the person conducting the marriage ceremony, if within fifteen days after the ceremony is conducted, the person makes the required return to the county registrar.

595.12

FEE AND EXPENSES 1. A judge or magistrate authorized to solemnize a marriage under section 595.10, subsection 1, may charge a reasonable fee for officiating and making return for each marriage solemnized at a time other than regular judicial working hours. In addition the judge or magistrate may charge the parties to the marriage for expenses incurred in solemnizing the marriage. No judge or magistrate shall make any charge for solemnizing a marriage during regular judicial working hours.

2. A minister authorized to solemnize a marriage under section 595.10, subsection 2, may charge a reasonable fee for each marriage solemnization and making return in an amount agreed to by the parties.

595.13

CERTIFICATE -- RETURN After the marriage has been solemnized, the officiating minister or magistrate shall attest to the marriage on the blank provided for that purpose and return the certificate of marriage within fifteen days to the county registrar who issued the marriage license.

56

Marriage in Iowa Law (DRAFT) 595.15

INADEQUATE RETURN If the return of a marriage is not complete in every particular as required by the forms specified in section 144.12, the county registrar shall require the person making the same to supply the omitted information.

595.16

SPOUSE RESPONSIBLE FOR RETURN When a marriage is consummated without the services of a cleric or magistrate, the required return of the marriage may be made to the county registrar by either spouse.

595.16A

ISSUANCE OF CERTIFIED COPY OF CERTIFICATE OF MARRIAGE Following receipt of the original certificate of marriage pursuant to section 144.36, the county registrar shall issue a certified copy of the original certificate of marriage to the parties to the marriage.

595.17

EXCEPTIONS The provisions of this chapter, as they relate to procuring licenses and to the solemnizing of marriages are not applicable to members of a denomination having an unusual mode of entering the marriage relation.

595.18

ISSUE LEGITIMATIZED Children born outside of a marriage become legitimate by the subsequent marriage of their parents. Children born of a marriage contracted in violation of section 595.3 or 595.19 are legitimate.

595.19

VOID MARRIAGES 1. Marriages between the following persons who are related by blood are void: 2. Marriages between persons either of whom has a husband or wife living are void, but, if the parties live and cohabit together after the death or divorce of the former husband or wife, such marriage shall be valid.

595.20

FOREIGN MARRIAGES -- VALIDITY A marriage which is solemnized in any other state, territory, country, or any foreign jurisdiction which is valid in that state, territory, country, or other foreign jurisdiction, is valid in this state if the parties meet the requirements for validity pursuant to section 595.2, subsection 1, and if the marriage would not otherwise be declared void.

596

PREMARITAL AGREEMENTS 596.1

DEFINITIONS 1. "Premarital agreement" means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.

596.2

CONSTRUCTION AND APPLICATION This chapter shall be construed and applied to effectuate its general purpose to make uniform the law with respect to premarital agreements.

596.3

SHORT TITLE This chapter may be cited as the "Iowa Uniform Premarital Agreement Act".

596.5

CONTENT 1. Parties to a premarital agreement may contract with respect to the following: c. The disposition of property upon separation, dissolution of the marriage, death, or the occurrence or nonoccurrence of any other event. 2. The right of a spouse or child to support shall not be adversely affected by a premarital agreement.

57

Marriage in Iowa Law (DRAFT) 596.6

EFFECTIVE DATE OF AGREEMENT A premarital agreement becomes effective upon the marriage of the parties.

596.7

REVOCATION After marriage, a premarital agreement may be revoked only as follows: 1. By a written agreement signed by both spouses.

2. To revoke a premarital agreement without the consent of the other spouse, the person seeking revocation must prove one or more of the following: c. Before the execution of the agreement the person was not provided a fair and reasonable disclosure of the property or financial obligations of the other spouse; and the person did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other spouse.

596.8

ENFORCEMENT A premarital agreement is not enforceable if the person against whom enforcement is sought proves any of the following: 3. Before the execution of the agreement the person was not provided a fair and reasonable disclosure of the property or financial obligations of the other spouse; and the person did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other spouse.

596.9

UNCONSCIONABILITY In any action under this chapter to revoke or enforce a premarital agreement the issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.

596.10

ENFORCEMENT -- VOID MARRIAGE If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.

596.11

LIMITATION OF ACTIONS Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement.

596.12

EFFECTIVE DATE This chapter takes effect on January 1, 1992, and applies to any premarital agreement executed on or after that date. This chapter does not affect the validity under Iowa law of any premarital agreement entered into prior to January 1, 1992.

597

HUSBAND AND WIFE 597.1

PROPERTY RIGHTS OF MARRIED WOMEN A married woman may own in her own right, real and personal property, acquired by descent, gift, or purchase, and manage, sell, and convey the same, and dispose thereof by will, to the same extent and in the same manner the husband can property belonging to him.

597.2

INTEREST OF SPOUSE IN OTHER'S PROPERTY When property is owned by the husband or wife, the other has no interest therein which can be the subject of contract between them, nor such interest as will make the same liable for the contracts or liabilities of the one not the owner of the property, except as provided in this chapter.

597.3

REMEDY BY ONE AGAINST THE OTHER Should the husband or wife obtain possession or control of property belonging to the other before or after marriage, the owner of the property may maintain an action therefor, or for any right growing out of the same, in the same manner and extent as if they were unmarried.

58

Marriage in Iowa Law (DRAFT) 597.4

CONVEYANCES TO EACH OTHER A conveyance, transfer, or lien, executed by either husband or wife to or in favor of the other, shall be valid to the same extent as between other persons.

597.5

ATTORNEY IN FACT A husband or wife may constitute the other spouse as the husband's or wife's attorney in fact, to control and dispose of the husband's or wife's property, including the relinquishment of homestead rights and surviving spouse's statutory share in the homestead, as provided in section 561.13, for their mutual benefit, and may revoke the appointment, the same as other persons.

597.6

MENTAL ILLNESS -- CONVEYANCE OF PROPERTY Where either the husband or wife is mentally ill and incapable of executing a deed or mortgage relinquishing, conveying, or encumbering the husband's or wife's right to the real property of the other, including the homestead, the other may petition the district court of the county of that spouse's residence or the county where the real estate to be conveyed or encumbered is situated, setting forth the facts and praying for an order authorizing the applicant or some other person to execute a deed or mortgage and relinquish or encumber the interest of the person with mental illness in said real estate.

597.8

DECREE Upon the hearing of the petition the court, if satisfied that it is made in good faith by the petitioner, and the petitioner is a proper person to exercise the power and make the conveyance or mortgage, and it is necessary and proper, shall enter a decree authorizing the execution of the conveyance or mortgage for and in the name of such husband or wife by such person as the court may appoint.

597.10

ABANDONMENT OF EITHER -- PROCEEDINGS In case the husband or wife abandons the other for one year, or leaves the state and is absent therefrom for such term, without providing for the maintenance and support of the family, or is confined in jail or the penitentiary for such period, the district court of the county where the abandoned party resides may, on application by petition setting forth the facts, authorize the applicant to manage, control, sell, and encumber the property of the guilty party for the support and maintenance of the family and for the purpose of paying debts.

597.11

CONTRACTS AND SALES BINDING All contracts, sales, or encumbrances made by either husband or wife under the provisions of section 597.10 shall be binding on both, and during such absence or confinement the person acting under such power may sue and be sued thereon, and for all acts done the property of both shall be liable, and execution may be levied or attachment issued accordingly.

597.13

ANNULMENT OF DECREE The husband or wife affected by the proceedings contemplated in sections 597.10 to 597.12 may obtain an annulment thereof, upon filing a petition therefor and serving a notice on the person in whose favor the same was granted, as in ordinary actions; but the setting aside of such decree or order shall not affect any act done thereunder.

597.14

FAMILY EXPENSES The reasonable and necessary expenses of the family and the education of the children are chargeable upon the property of both husband and wife, or either of them, and in relation thereto they may be sued jointly or separately. Spousal support debt for medical assistance to institutionalized spouse; chapter 249B

597.15

CUSTODY OF CHILDREN If one spouse abandons the other spouse, the abandoned spouse is entitled to the custody of the minor children, unless the district court, upon application for that purpose, otherwise directs, or unless a custody decree is entered in accordance with chapter 598B.

1. The departure of a spouse due to physical or emotional abuse. 2. The departure of a spouse accompanied by the minor children.

59

Marriage in Iowa Law (DRAFT) 597.16

WAGES OF MARRIED PERSON -- ACTIONS BY A married person may receive the wages for the person's personal labor, and maintain an action therefor in the person's own name, and hold the same in the person's own right, and may prosecute and defend all actions for the preservation and protection of the person's rights and property, as if unmarried.

597.17

LIABILITY FOR SEPARATE DEBTS Neither husband nor wife is liable for the debts or liabilities of the other incurred before marriage, and, except as herein otherwise declared, they are not liable for the debts of each other contracted after marriage; nor are the wages, earnings, or property of either, nor is the rent or income of the property of either, liable for the separate debts of the other.

597.18

CONTRACTS OF MARRIED PERSON Contracts may be made by a married person and liabilities incurred, and the same enforced by or against the person, to the same extent and in the same manner as if the person were unmarried.

597.19

SPOUSE NOT LIABLE FOR TORTS OF OTHER SPOUSE For civil injuries committed by a married person, damages may be recovered from the person alone, and the partner shall not be liable therefor, except in cases where the partner would be jointly liable if the marriage did not exist.

598

DISSOLUTION OF MARRIAGE AND DOMESTIC RELATIONS 598.1

DEFINITIONS 2. "Dissolution of marriage" means a termination of the marriage relationship and shall be synonymous with the term "divorce".

598.3

KIND OF ACTION -- JOINDER An action for dissolution of marriage shall be by equitable proceedings, and no cause of action, save for alimony, shall be joined therewith.

598.4

CAPTION OF PETITION FOR DISSOLUTION The petition for dissolution of marriage shall be captioned substantially as follows: In the District Court of the State of Iowa In and For ...... In Re the Marriage of ...... of Marriage

598.5

CONTENTS OF PETITION -- VERIFICATION -- EVIDENCE 1. The petition for dissolution of marriage shall: b. State the place and date of marriage of the parties. e. State whether or not a separate action for dissolution of marriage or child support has been commenced and whether such action is pending in any court in this state or elsewhere. g. Allege that there has been a breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved. j. State whether the appointment of a conciliator pursuant to section 598.16 may preserve the marriage. k. Except where the respondent is a resident of this state and is served by personal service, state that the petitioner has been for the last year a resident of the state, specifying the county in which the petitioner has resided and the length of such residence in the state after deducting all absences from the state, and that the maintenance of the residence has been in good faith and not for the purpose of obtaining a dissolution of marriage only.

598.7

MEDIATION 1. The district court may, on its own motion or on the motion of any party, order the parties to participate in mediation in any dissolution of marriage action or other domestic relations action.

60

Marriage in Iowa Law (DRAFT) 598.8

HEARINGS -- EXCEPTIONS 1. Except as otherwise provided in subsection 2, hearings for dissolution of marriage shall be held in open court upon the oral testimony of witnesses, or upon the depositions of such witnesses taken as in other equitable actions or taken by a commissioner appointed by the court. (1) The parties have certified in writing that there has been a breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved. (3) The parties have entered into a written agreement settling all of the issues involved in the dissolution of marriage. (1) The petitioner has certified in writing that there has been a breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.

598.11

HOW TEMPORARY ORDER MADE -- CHANGES -- RETROACTIVE MODIFICATION 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.

598.15

MANDATORY COURSE -- PARTIES TO CERTAIN PROCEEDINGS At a minimum and as appropriate, an approved course shall include information relating to the parents regarding divorce and its impact on the children and family relationship, parenting skills for divorcing parents, children's needs and coping techniques, and the financial responsibilities of parents following divorce. 6. In addition to the provisions of this section relating to the required participation in a court-approved course by the parties to an action as described in subsection 1, the court may require age-appropriate counseling for children who are involved in a dissolution of marriage action.

598.16

CONCILIATION -- DOMESTIC RELATIONS DIVISIONS Such conciliation procedure may include, but is not limited to, referrals to the domestic relations division of the court, if established, public or private marriage counselors, family service agencies, community health centers, physicians and clergy.

598.17

DISSOLUTION OF MARRIAGE -- EVIDENCE A decree dissolving the marriage may be entered when the court is satisfied from the evidence presented that there has been a breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved. If at the time of trial petitioner fails to present satisfactory evidence that there has been a breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved, the respondent may then proceed to present such evidence as though the respondent had filed the original petition. A dissolution of marriage granted when one of the spouses has mental illness shall not relieve the other spouse of any obligation imposed by law as a result of the marriage for the support of the spouse with mental illness. The court may make an order for the support or may waive the support obligation when satisfied from the evidence that it would create an undue hardship on the obliged spouse or that spouse's other dependents.

598.18

RECRIMINATION NOT A BAR TO DISSOLUTION OF MARRIAGE If, upon the trial of an action for dissolution of marriage, both of the parties are found to have committed an act or acts which would support or justify a decree of dissolution of marriage, such dissolution may be decreed, and the acts of one party shall not negate the acts of the other, nor serve to bar the dissolution decree in any way.

598.19

WAITING PERIOD BEFORE DECREE No decree dissolving a marriage shall be granted in any proceeding before ninety days shall have elapsed from the day the original notice is served, or from the last day of publication of notice, or from the date that waiver or acceptance of original notice is filed or until after conciliation is completed, whichever period shall be longer.

61

Marriage in Iowa Law (DRAFT) However, the court may in its discretion, on written motion supported by affidavit setting forth grounds of emergency or necessity and facts which satisfy the court that immediate action is warranted or required to protect the substantive rights or interests of any party or person who might be affected by the decree, hold a hearing and grant a decree dissolving the marriage prior to the expiration of the applicable period, provided that requirements of notice have been complied with.

598.20

FORFEITURE OF MARITAL RIGHTS When a dissolution of marriage is decreed the parties shall forfeit all rights acquired by marriage which are not specifically preserved in the decree.

598.20A

BENEFICIARY REVOCATION -- LIFE INSURANCE 1. Except as preempted by federal law, if a decree of dissolution, annulment, or separate maintenance is issued after an insured has designated the insured's spouse or one or more relatives of the insured's spouse as a beneficiary under a life insurance policy in effect on the date of the decree, a provision in the life insurance policy making such a designation is voided by the issuance of the decree unless any of the following apply: a. The decree designates the insured's former spouse or one or more relatives of the insured's spouse as beneficiary. b. After issuance of the decree, the insured executes a designation of beneficiary form provided by the insurance company naming the insured's former spouse or one or more relatives of the insured's former spouse as beneficiary. c. The insured and the insured's former spouse remarry. 5. This section does not affect the right of an insured's former spouse to assert an ownership interest in a life insurance policy that is not disclosed to the insured's spouse prior to the decree of dissolution, annulment, or separate maintenance and that is not addressed by the decree. 6. For purposes of this section, "relative of the insured's spouse" means a person who is related to the insured's former spouse by blood, adoption, or affinity, and who, subsequent to a decree of dissolution, annulment, or separate maintenance, ceases to be related to the insured by blood, adoption, or affinity.

598.20B

BENEFICIARY REVOCATION -- OTHER CONTRACTS 1. Except as preempted by federal law, if a decree of dissolution, annulment, or separate maintenance is issued after a participant, annuitant, or account holder has designated the participant's, annuitant's, or account holder's spouse or one or more relatives of the participant's, annuitant's, or account holder's spouse as beneficiary under any individual retirement account, stock option plan, transfer on death account, payable on death account, or annuity in force at the date of the decree, a provision in the retirement account, stock option plan, transfer on death account, payable on death account, or annuity designating the participant's, annuitant's, or account holder's spouse or one or more relatives of the participant's, annuitant's, or account holder's spouse as beneficiary is voided by the issuance of the decree unless any of the following apply: a. The decree designates the participant's, annuitant's, or account holder's spouse or one or more relatives of the participant's, annuitant's, or account holder's spouse as beneficiary. b. After issuance of the decree, the participant, annuitant, or account holder executes a designation of beneficiary form provided by the plan or company naming the participant's, annuitant's, or account holder's former spouse or one or more relatives of the participant's, annuitant's, or account holder's former spouse as the beneficiary. c. The participant, annuitant, or account holder and the participant's, annuitant's, or account holder's former spouse remarry. d. Prior to the issuance of the decree, annuity payments have irrevocably commenced based on the joint life expectancies of the participant, annuitant, or account holder and the participant's, annuitant's, or account holder's former spouse. 5. This section does not affect the right of the participant's, annuitant's, or account holder's former spouse to assert an ownership interest in an individual retirement account, stock option plan, transfer or payable on death account, or annuity that is not disclosed to the participant's, annuitant's, or account holder's spouse prior to the issuance of the decree of dissolution, annulment, or separate maintenance and that is not addressed by the decree.

6. For purposes of this section, "relative of the participant's, annuitant's, or account holder's spouse" means a person who is related to the participant's, annuitant's, or account holder's former spouse by blood, adoption, or affinity, and who, subsequent to a decree of dissolution, annulment, or separate maintenance ceases to be related to the participant, annuitant, or account holder by blood, adoption, or affinity.

598.21

ORDERS FOR DISPOSITION OF PROPERTY a. The length of the marriage.

62

Marriage in Iowa Law (DRAFT) b. The property brought to the marriage by each party. c. The contribution of each party to the marriage, giving appropriate economic value to each party's contribution in homemaking and child care services. f. The earning capacity of each party, including educational background, training, employment skills, work experience, length of absence from the job market, custodial responsibilities for children, and the time and expense necessary to acquire sufficient education or training to enable the party to become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage. Property inherited by either party or gifts received by either party prior to or during the course of the marriage is the property of that party and is not subject to a property division under this section except upon a finding that refusal to divide the property is inequitable to the other party or to the children of the marriage.

598.21A

ORDERS FOR SPOUSAL SUPPORT a. The length of the marriage. d. The educational level of each party at the time of marriage and at the time the action is commenced.

f. The feasibility of the party seeking maintenance becoming self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage, and the length of time necessary to achieve this goal.

598.21C

MODIFICATION OF CHILD, SPOUSAL, OR MEDICAL SUPPORT ORDERS § 1738B, the court may subsequently modify child, spousal, or medical support orders when there is a substantial change in circumstances.

598.21E

CONTESTING PATERNITY TO CHALLENGE CHILD SUPPORT ORDER a. (1) If the prior determination of paternity is based on an affidavit of paternity filed pursuant to section 252A.3A, or a court or administrative order entered in this state, or by operation of law when the mother and established father are or were married to each other, the provisions of section 600B.41A apply. c. Notwithstanding paragraph "a", in a pending dissolution action under this chapter, a prior determination of paternity by operation of law through the marriage of the established father and mother of the child may be overcome under this chapter if the established father and mother of the child file a written statement with the court that both parties agree that the established father is not the biological father of the child.

598.25

PARTIES AND COURT GRANTING MARRIAGE DISSOLUTION DECREE -- NOTICE Whenever a proceeding is initiated in a court for adoption involving the children of parents or guardians whose marriage has been dissolved, or for modification of a judgment of alimony, child support, or custody granted in an action for dissolution of marriage, the following requirements must be met if such proceedings are initiated in a court other than the court which granted the dissolution decree.

598.26

RECORD -- IMPOUNDING -- VIOLATION INDICTABLE The record and evidence in each case of marriage dissolution shall be kept pursuant to the following provisions: The clerk shall maintain a separate docket for dissolution of marriage actions.

598.28

SEPARATE MAINTENANCE AND ANNULMENT A petition shall be filed in separate maintenance and annulment actions as in actions for dissolution of marriage, and all applicable provisions of this chapter in relation thereto shall apply to separate maintenance and annulment actions.

598.29

ANNULLING ILLEGAL MARRIAGE -- CAUSES Marriage may be annulled for the following causes: 1. Where the marriage between the parties is prohibited by law.

2. Where either party was impotent at the time of marriage. 3. Where either party had a husband or wife living at the time of the marriage, provided they have not, with a knowledge of such fact, lived and cohabited together after the death or marriage dissolution of the former spouse of such party.

63

Marriage in Iowa Law (DRAFT) 4. Where either party was a ward under a guardianship and was found by the court to lack the capacity to contract a valid marriage.

598.30

VALIDITY DETERMINED When the validity of a marriage is doubted, either party may file a petition, and the court shall decree it annulled or affirmed according to the proof.

598.31

CHILDREN -- LEGITIMACY Children born to the parties, or to the wife, in a marriage relationship which may be terminated or annulled pursuant to the provisions of this chapter shall be legitimate as to both parties, unless the court shall decree otherwise according to the proof.

598.32

ANNULMENT -- COMPENSATION In case either party entered into the contract of marriage in good faith, supposing the other to be capable of contracting, and the marriage is declared a nullity, such fact shall be entered in the decree, and the court may decree such innocent party compensation as in case of dissolution of marriage.

598.37

NAME CHANGE Either party to a marriage may request as a part of the decree of dissolution or decree of annulment a change in the person's name to either the name appearing on the person's birth certificate or to the name the person had immediately prior to the marriage. If a party requests a name change other than to the name appearing on the person's birth certificate or to the name the person had immediately prior to the marriage, the request shall be made under chapter 674.

598.41

CUSTODY OF CHILDREN The court, insofar as is reasonable and in the best interest of the child, shall order the custody award, including liberal visitation rights where appropriate, which will assure the child the opportunity for the maximum continuing physical and emotional contact with both parents after the parents have separated or dissolved the marriage, and which will encourage parents to share the rights and responsibilities of raising the child unless direct physical harm or significant emotional harm to the child, other children, or a parent is likely to result from such contact with one parent.

598B

UNIFORM CHILD=CUSTODY JURISDICTION AND ENFORCEMENT 598B.102

DEFINITIONS The term includes a proceeding for dissolution of marriage, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear.

598B.207

INCONVENIENT FORUM 4. A court of this state may decline to exercise its jurisdiction under this chapter if a child-custody determination is incidental to an action for dissolution of marriage or another proceeding while still retaining jurisdiction over the dissolution of marriage or other proceeding.

598B.310

HEARING AND ORDER 4. A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child shall not be invoked in a proceeding under this article.

599

MINORS 599.1

PERIOD OF MINORITY -- EXCEPTION FOR CERTAIN INMATES The period of minority extends to the age of eighteen years, but all minors attain their majority by marriage.

64

Marriage in Iowa Law (DRAFT) 599.5

VETERANS MINORITY DISABILITIES The disability of minority of any person otherwise eligible for guaranty or insurance of a loan pursuant to the Servicemen's Readjustment Act of 1944{, as amended and of the minor spouse of any eligible veteran, irrespective of age, in connection with any transaction entered into pursuant to said Act, as amended, is hereby removed for all purposes in connection with such transaction, including, but not limited to, incurring of indebtedness or obligations, and acquiring, encumbering, selling, releasing or conveying property or any interest therein, and litigating or settling controversies arising therefrom, if all or part of any obligations incident to such transaction be guaranteed or insured by the administrator of veterans affairs pursuant to such Act; provided, nevertheless, that this section shall not be construed to impose any other or greater rights or liabilities than would exist if such person and such spouse were under no such disability.

600

ADOPTION 600.3

COMMENCEMENT OF ADOPTION ACTION -- JURISDICTION -- FORUM NON CONVENIENS (2) If the stepparent of the child to be adopted is the adoption petitioner, the parent-child relationship between the child and the parent who is not the spouse of the petitioner may be terminated as part of the adoption proceeding by the filing of that parent's consent to the adoption.

600.4

QUALIFICATIONS TO FILE ADOPTION PETITION 1. An unmarried adult. 2. Husband and wife together. 3. A husband or wife separately if the person to be adopted is not the other spouse and if the adopting spouse:

b. Has been separated from the other spouse by reason of the other spouse's abandonment as prescribed in section 597.10; or c. Is unable to petition with the other spouse because of the prolonged and unexplained absence, unavailability, or incapacity of the other spouse, or because of an unreasonable withholding of joinder by the other spouse, as determined by the juvenile court or court under section 600.5, subsection 7.

600.5

CONTENTS OF AN ADOPTION PETITION 1. The name, as it appears on the birth certificate or in a verified birth record or as it appears as a result of marriage, and the residence or domicile of the person to be adopted.

600.7

CONSENTS TO THE ADOPTION b. The spouse of a petitioner who is a stepparent. c. The spouse of a petitioner who is separately petitioning to adopt an adult person.

600.11

NOTICE OF ADOPTION HEARING Nothing in this subsection shall require the petitioner to give notice to self or to petitioner's spouse.

600.13

ADOPTION DECREES 4. A final adoption decree terminates any parental rights, except those of a spouse of the adoption petitioner, existing at the time of its issuance and establishes the parent-child relationship between the adoption petitioner and the person petitioned to be adopted.

600.16

ADOPTION RECORD -- PENALTY FOR VIOLATIONS For the purposes of this paragraph "adult" means a person twenty-one years of age or older or a person who attains majority by marriage.

600A

TERMINATION OF PARENTAL RIGHTS 600A.2

DEFINITIONS 1. "Adult" means a person who is married or eighteen years of age or older.

65

Marriage in Iowa Law (DRAFT) a. To consent to marriage, enlistment in the armed forces of the United States, or medical, psychiatric or surgical treatment. 13. "Minor" means an unmarried person who is under the age of eighteen years. The term extends equally to every child and every parent, regardless of the marital status of the parents of the child. 16. "Putative father" means a man who is alleged to be or who claims to be the biological father of a child born to a woman to whom the man is not married at the time of birth of the child. 17. "Stepparent" means a person who is the spouse of a parent in a parent-child relationship, but who is not a parent in that parent-child relationship.

600A.6

NOTICE OF TERMINATION HEARING 1. A termination of parental rights under this chapter shall, unless provided otherwise in this section, be ordered only after notice has been served on all necessary parties and these parties have been given an opportunity to be heard before the juvenile court except that notice need not be served on the petitioner or on any necessary party who is the spouse of the petitioner. "Necessary party" means any person whose name, residence, and domicile are required to be included on the petition under section 600A.5, subsection 3, paragraphs "a" and "b", and any putative father who files a declaration of paternity in accordance with section 144.12A, or any unknown putative father, if any, except a biological parent who has been convicted of having sexually abused the other biological parent while not cohabiting with that parent as husband and wife, thereby producing the birth of the child who is the subject of the termination proceedings.

600A.8

GROUNDS FOR TERMINATION 10. The parent has been convicted of a felony offense that is a criminal offense against a minor as defined in section 692A.1, the parent is divorced from or was never married to the minor's other parent, and the parent is serving a minimum sentence of confinement of at least five years for that offense.

600B

PATERNITY AND OBLIGATION FOR SUPPORT 600B.1

OBLIGATION OF PARENTS 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. 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.

600B.6

LIABILITY OF THE FATHER'S ESTATE 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.

600B.29

DESERTION STATUTE APPLICABLE 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.

600B.35

REFERENCE TO ILLEGITIMACY PROHIBITED 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.

600B.40

CUSTODY AND VISITATION 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.

66

Marriage in Iowa Law (DRAFT) 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.

600B.40A

TEMPORARY ORDERS -- SUPPORT, CUSTODY, OR VISITATION OF A CHILD 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.

600B.41A

ACTIONS TO OVERCOME PATERNITY -- APPLICABILITY -- CONDITIONS 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.

600C

GRANDPARENT VISITATION 600C.1

GRANDPARENT AND GREAT-GRANDPARENT VISITATION 10. If a proceeding to establish or enforce visitation under this section is commenced when a dissolution of marriage proceeding is pending concerning the parents of the affected minor child, the record and evidence of the dissolution action shall remain impounded pursuant to section 598.26. The impounded information shall not be released or otherwise made available to any person who is not the petitioner or respondent or an attorney of record in the dissolution of marriage proceeding.

602

JUDICIAL BRANCH 602.1606

JUDICIAL OFFICER DISQUALIFIED 3. The judicial officer knows that the officer, individually or as a fiduciary, or the officer's spouse or a person related to either of them by consanguinity or affinity within the third degree or the spouse of such a person has a financial interest in the subject matter in controversy or in a party to the proceeding, or has any other interest that could be substantially affected by the outcome of the proceeding. 4. The judicial officer or the officer's spouse, or a person related to either of them by consanguinity or affinity within the third degree or the spouse of such a person, is a party to the proceeding, or an officer, director, or trustee of a party, or is acting as a lawyer in the proceeding, or is known by the judicial officer to have an interest that could be substantially affected by the outcome of the proceeding, or is, to the judicial officer's knowledge, likely to be a material witness in the proceeding.

602.3105

APPLICATIONS An applicant shall not be denied certification because of age, citizenship, sex, race, religion, marital status, or national origin although the application may require citizenship information.

602.6502

PROHIBITIONS TO APPOINTMENT For purposes of this section, "family member" means a spouse, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, father, mother, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister.

602.8102

GENERAL DUTIES 84. Carry out duties relating to the dissolution of a marriage as provided in chapter 598.

67

Marriage in Iowa Law (DRAFT) 602.8103

GENERAL POWERS 3. After the original record is reproduced and after approval of a majority of the judges of the district court by court order, destroy the original records including, but not limited to, dockets, journals, scrapbooks, files, and marriage license applications. d. Original court files on dissolutions of marriage, one year after dismissal by the parties or under rule of civil procedure 1.943, Iowa court rules.

602.8105

FEES FOR CIVIL CASES AND OTHER SERVICES -- COLLECTION AND DISPOSITION c. For entering a final decree of dissolution of marriage, fifty dollars.

602.9105

ROLLOVERS OF JUDGES' ACCOUNTS a. "Direct rollover" means a payment by the system to the eligible retirement plan specified by the judge covered under this article or the judge's surviving spouse. b. "Eligible retirement plan" means either of the following that accepts an eligible rollover distribution from a judge covered by this article or a judge's surviving spouse: 2. Effective January 1, 1993, a judge covered by this article or a judge's surviving spouse may elect, at the time and in the manner prescribed by the state court administrator, to have the system pay all or a portion of an eligible rollover distribution directly to an eligible retirement plan, specified by the judge or the judge's surviving spouse, in a direct rollover. If a judge or a judge's surviving spouse elects a partial direct rollover, the amount of funds elected for the partial direct rollover must equal or exceed five hundred dollars.

602.9115

ANNUITY FOR SURVIVOR OF ANNUITANT For the purposes of this article "survivor" means the surviving spouse of a person who was a judge, if married to the judge for at least one year preceding the judge's death.

602.9204

SALARY -- ANNUITY OF SENIOR JUDGE AND RETIRED SENIOR JUDGE The state shall provide, regardless of age, to an active senior judge or a senior judge with six years of service as a senior judge and to the judge's spouse, and pay for medical insurance until the judge attains the age of seventy-eight years.

602.10102

QUALIFICATIONS FOR ADMISSION An applicant shall not be ineligible for registration because of age, citizenship, sex, race, religion, marital status or national origin although the application form may require citizenship information.

613

PARTIES == CAUSES OF ACTION == LIABILITY 613.15

INJURY OR DEATH OF SPOUSE -- MEASURE OF RECOVERY In addition she, or her administrator for her estate, may recover for physician's services, nursing and hospital expense, and in the case of both women and men, such person, or the appropriate administrator, may recover the value of services and support as spouse or parent, or both, as the case may be, in such sum as the jury deems proper; provided, however, recovery for these elements of damage may not be had by the spouse and children, as such, of any person who, or whose administrator, is entitled to recover same.

614

LIMITATIONS OF ACTIONS 614.1

PERIOD Those founded on a judgment of a court of record, whether of this or of any other of the United States, or of the federal courts of the United States, within twenty years, except that a time period limitation shall not apply to an action to recover a judgment for child support, spousal support, or a judgment of distribution of marital assets.

68

Marriage in Iowa Law (DRAFT) 614.15

SPOUSE FAILING TO JOIN IN CONVEYANCE 1. In all cases where the holder of the legal or equitable title or estate to real estate situated within this state, prior to July 1, 1981, conveyed the real estate or any interest in the real estate by deed, mortgage, or other instrument, and the spouse failed to join in the conveyance, the spouse or the heirs at law, personal representatives, devisees, grantees, or assignees of the spouse are barred from recovery unless suit is brought for recovery within one year after July 1, 1991. But in case the right to the distributive share has not accrued by the death of the spouse executing the instrument, then the one not joining is authorized to file in the recorder's office of the county where the land is situated, a notice with affidavit setting forth affiant's claim, together with the facts upon which the claim rests, and the residence of the claimants. 2. In all cases where the holder of the legal or equitable title or estate to real estate situated within this state, after July 1, 1981, conveyed the real estate or any interest in the real estate by deed, mortgage, or other instrument, and the spouse failed to join in the conveyance, the spouse or the heirs at law, personal representative, devisees, grantees, or assignees of the spouse are barred from recovery unless suit is brought for recovery within ten years from the date of the conveyance. However, in the case where the right to the distributive share has not accrued by the death of the spouse executing the instrument, then the party not joining is authorized to file in the recorder's office in the county where the land is situated, a notice with affidavit setting forth the affiant's claim, together with the facts upon which the claim is based, and the residence of the claimants.

614.20

LIMITATION ON ACT Sections 614.17 to 614.19 do not limit or extend the time within which actions by a spouse to recover dower or distributive share in real estate within this state may be brought or maintained under the provisions of section 614.15, nor do they limit or extend the time within which actions may be brought or maintained to foreclose or enforce any real estate mortgage, bond for deed, trust deed, or contract for the sale or conveyance of real estate under the provisions of section 614.21, nor do they revive or permit an action to be brought or maintained upon any claim or cause of action which is barred by a statute which is in force prior to July 1, 1991; nor do they affect litigation pending on July 1, 1991.

622

EVIDENCE 622.8

WITNESS FOR EACH OTHER In all civil and criminal cases the husband and wife may be witnesses for each other.

622.9

COMMUNICATIONS BETWEEN HUSBAND AND WIFE Neither husband nor wife can be examined in any case as to any communication made by the one to the other while married, nor shall they, after the marriage relation ceases, be permitted to reveal in testimony any such communication made while the marriage subsisted.

622.10

COMMUNICATIONS IN PROFESSIONAL CONFIDENCE -- EXCEPTIONS -- REQUIRED CONSENT TO RELEASE OF MEDICAL RECORDS AFTER COMMENCEMENT OF LEGAL ACTION -- APPLICATION TO COURT 5. For the purposes of this section, "mental health professional" means a psychologist licensed under chapter 154B, a registered nurse licensed under chapter 152, a social worker licensed under chapter 154C, a marital and family therapist licensed under chapter 154D, a mental health counselor licensed under chapter 154D, or an individual holding at least a master's degree in a related field as deemed appropriate by the board of behavioral science.

622.32

STATUTE OF FRAUDS 1. Those made in consideration of marriage.

627

EXEMPTIONS 627.4

ABSCONDING DEBTOR When a debtor absconds and leaves the debtor's family, such property as is exempt to the debtor under this chapter shall be exempt in the hands of the debtor's spouse and children, or either of them.

69

Marriage in Iowa Law (DRAFT) 627.6

GENERAL EXEMPTIONS a. Any wedding or engagement ring owned or received by the debtor or the debtor's dependents. However, any interest acquired in one or more wedding or engagement rings owned or received by the debtor or the debtor's dependents after the date of marriage and within two years of the date the execution is issued or an exemption is claimed shall not exceed a value equal to seven thousand dollars in the aggregate minus the amount claimed by the debtor for any other jewelry claimed in paragraph "b". 6. The interest of an individual in any accrued dividend or interest, loan or cash surrender value of, or any other interest in a life insurance policy owned by the individual if the beneficiary of the policy is the individual's spouse, child, or dependent. In the absence of a written agreement or assignment to the contrary, upon the death of the insured any benefit payable to the spouse, child, or dependent of the individual under a life insurance policy shall inure to the separate use of the beneficiary independently of the insured's creditors. A benefit or indemnity paid under an accident, health, or disability insurance policy is exempt to the insured or in case of the insured's death to the spouse, child, or dependent of the insured, from the insured's debts. In case of an insured's death the avails of all matured policies of life, accident, health, or disability insurance payable to the surviving spouse, child, or dependent are exempt from liability for all debts of the beneficiary contracted prior to death of the insured, but the amount thus exempted shall not exceed fifteen thousand dollars in the aggregate.

627.6A

EXEMPTIONS FOR SUPPORT -- PENSIONS AND SIMILAR PAYMENTS 1. Notwithstanding the provisions of section 627.6, a debtor shall not be permitted to claim exemptions with regard to payment or a portion of payment under a pension, annuity, individual retirement account, profit-sharing plan, universal life insurance policy, or similar plan or contract due to illness, disability, death, age, or length of service for child, spousal, or medical support. 2. In addition to subsection 1, if another provision of law otherwise provides that payments, income, or property are subject to attachment for child, spousal, or medical support, those provisions shall supersede section 627.6.

627.11

EXCEPTION UNDER DECREE FOR SPOUSAL SUPPORT If the party in whose favor the order, judgment, or decree for the support of a spouse was rendered has not remarried, the personal earnings of the debtor are not exempt from an order, judgment, or decree for temporary or permanent support, as defined in section 252D.16, of a spouse, nor from an installment of an order, judgment, or decree for the support of a spouse.

627.13

WORKERS' COMPENSATION Notwithstanding the provisions of sections 554.9406 and 554.9408, any compensation due or that may become due an employee or dependent under chapter 85, 85A, or 85B is exempt from garnishment, attachment, execution, and assignment of income, except for the purposes of enforcing child, spousal, or medical support obligations. For the purposes of enforcing child, spousal, or medical support obligations, an assignment of income, garnishment or attachment of or the execution against compensation due an employee under chapter 85, 85A, or 85B is not exempt but shall be limited as specified in 15 U.S.C.

633

PROBATE CODE 633.3

DEFINITIONS AND USE OF TERMS 8. Costs of administration -- includes court costs, fiduciary's fees, attorney fees, all appraisers' fees, premiums on corporate surety bonds, statutory allowance for support of surviving spouse and children, cost of continuation of abstracts of title, recording fees, transfer fees, transfer taxes, agents' fees allowed by order of court, interest expense, including, but not limited to, interest payable on extension of federal estate tax, and all other fees and expenses allowed by order of court in connection with the administration of the estate. 18. Full age -- the state of legal majority attained through arriving at the age of eighteen years or through having married, even though such marriage is terminated by divorce. 22. Heir -- any person, except the surviving spouse, who is entitled to property of a decedent under the statutes of intestate succession. 32. Surviving spouse -- the surviving wife or husband, as the case may be.

70

Marriage in Iowa Law (DRAFT) 633.27

PROBATE DOCKET 3. The names of all the heirs in intestate estates and the surviving spouse of such deceased intestate, and their ages and places of residence, so far as they can be ascertained.

633.201

COURT OFFICERS AS FIDUCIARIES For purposes of this section, "family member" means a spouse, child, grandchild, parent, grandparent, sibling, niece, nephew, cousin, or other relative or individual with significant personal ties to the fiduciary.

633.211

SHARE OF SURVIVING SPOUSE IF DECEDENT LEFT NO ISSUE OR LEFT ISSUE ALL OF WHOM ARE ISSUE OF SURVIVING SPOUSE If the decedent dies intestate leaving a surviving spouse and leaving no issue or leaving issue all of whom are the issue of the surviving spouse, the surviving spouse shall receive the following share: 1. All the value of all the legal or equitable estates in real property possessed by the decedent at any time during the marriage, which have not been sold on execution or by other judicial sale, and to which the surviving spouse has made no relinquishment of right.

633.212

SHARE OF SURVIVING SPOUSE IF DECEDENT LEFT ISSUE SOME OF WHOM ARE NOT ISSUE OF SURVIVING SPOUSE If the decedent dies intestate leaving a surviving spouse and leaving issue some of whom are not the issue of the surviving spouse, the surviving spouse shall receive the following share: 1. One-half in value of all the legal or equitable estates in real property possessed by the decedent at any time during the marriage, which have not been sold on execution or by other judicial sale, and to which the surviving spouse has made no relinquishment of right. 4. If the property received by the surviving spouse under subsections 1, 2 and 3 of this section is not equal in value to the sum of fifty thousand dollars, then so much additional of any remaining homestead interest and of the remaining real and personal property of the decedent that is subject to payment of debts and charges against the decedent's estate, after payment of the debts and charges, even to the extent of the whole of the net estate, as necessary to make the amount of fifty thousand dollars.

633.213

APPRAISAL Prior to the settlement of every intestate estate in which there is a surviving spouse, and in which appraisal has not been waived by the surviving spouse and all the heirs of the decedent, the court, upon application of the personal representative, the surviving spouse, or any of the heirs of the decedent, shall appoint three competent disinterested appraisers to appraise the estate and to make their report to the court, at the time as the court may direct by order, unless the court, after notice, finds further appraisal unnecessary.

633.218

RIGHT OF SPOUSE TO SELECT PROPERTY After such proceedings, and after payment of debts and charges, the surviving spouse shall have the right to select from the property so appraised, at its appraised value thus fixed, property equal in value to the amount to which the spouse is entitled under section 633.211 or 633.212 which selection shall be in writing filed with the clerk of court.

633.219

SHARE OF OTHERS THAN SURVIVING SPOUSE The part of the intestate estate not passing to the surviving spouse, or if there is no surviving spouse, the entire net estate passes as follows: 6. If there is no person to take under subsection 1, 2, 3, 4, or 5 of this section, the portion uninherited shall go to the issue of the deceased spouse of the intestate, per stirpes. If the intestate has had more than one spouse who died in lawful wedlock, it shall be equally divided between the issue, per stirpes, of those deceased spouses.

633.223

EFFECT OF ADOPTION 3. An adoption of a person by the spouse or surviving spouse of a biological parent has no effect on the relationship for inheritance purposes between the adopted person and that biological parent or biological parent's heirs.

71

Marriage in Iowa Law (DRAFT) An adoption of a person by the spouse or surviving spouse of a biological parent after the death of the other biological parent has no effect on the relationship for inheritance purposes between the adopted person and the deceased biological parent's heirs.

633.227

ADMINISTRATION GRANTED 1. The surviving spouse;

633.228

TIME ALLOWED 1. To the surviving spouse, a period of twenty days;

633.229

PETITION FOR ADMINISTRATION OF AN INTESTATE ESTATE 3. The name and address of the surviving spouse, if any, and the name and address of each heir so far as known to the petitioner.

633.231

NOTICE IN INTESTATE ESTATES -- MEDICAL ASSISTANCE CLAIMS The name of the spouse is ..... The birthdate of the spouse is .... and the spouse's social security number is ...-..-...., and that the spouse of the deceased is alive as of the date of this notice, or deceased as of ....

633.236

RIGHT OF ELECTIVE SHARE OF SURVIVING SPOUSE When a married person domiciled in Iowa at the time of death dies, the surviving spouse shall have the right to take an elective share under the provisions of sections 633.237 through 633.246. If the surviving spouse has a conservator, the court may authorize or direct the conservator to elect the share as the court deems appropriate under the circumstances.

633.237

PRESUMPTION AGAINST FILING ELECTIVE SHARE 1. Following the appointment of a personal representative of the estate of the decedent, who is not the spouse, the personal representative shall cause to be served a written notice upon the surviving spouse pursuant to section 633.40, subsection 5, notifying the surviving spouse that unless, within four months after service of the notice, the spouse files an election in writing with the clerk of court electing the share as set forth in section 633.236 and sections 633.238 through 633.246, the spouse shall be deemed to take under the will or to receive the intestate share. If, within the four-month period following service of the notice, an affidavit is filed setting forth that the surviving spouse is incapable of making the election and does not have a conservator, the personal representative shall make application to the court for an order pursuant to section 633.244. 2. Following the death of a settlor of a revocable trust, the trustee of such revocable trust who is not the spouse shall cause to be served a written notice upon the surviving spouse pursuant to section 633.40, subsection 5, notifying the surviving spouse that unless, within four months after service of the notice, the spouse files an election with the trustee electing the share as set forth in section 633.236 and sections 633.238 through 633.246, the spouse shall be deemed to take under the terms of the revocable trust. If, within the four-month period following service of the notice, an affidavit is filed setting forth that the surviving spouse is incapable of making the election and does not have a conservator, the trustee shall make application to the court for an order pursuant to section 633.244. 3. If the surviving spouse has a conservator, notice shall be given to the conservator and the spouse pursuant to subsections 1 and 2. 4. The notice provisions under subsections 1 and 2 are not applicable if the surviving spouse is a personal representative of the estate or a trustee of a revocable trust. If the surviving spouse fails to file an election under this section within four months of the decedent's death, it shall be conclusively presumed that the surviving spouse elects to take under the will, receive the intestate share, or take under the revocable trust. 5. Upon application of the surviving spouse or the spouse's conservator filed before the time for making the election expires, the court may extend the period in which the surviving spouse may make the election.

72

Marriage in Iowa Law (DRAFT) 633.238

ELECTIVE SHARE OF SURVIVING SPOUSE 1. The elective share of the surviving spouse shall be all of the following: a. One-third in value of all the legal or equitable estates in real property possessed by the decedent at any time during the marriage which have not been sold on execution or other judicial sale, and to which the surviving spouse has made no express written relinquishment of right. d. One-third in value of the property held in trust not necessary for the payment of debts and charges over which the decedent was a grantor and retained at the time of death the power to alter, amend, or revoke the trust, or over which the decedent waived or rescinded any such power within one year of the date of death, and to which the surviving spouse has not made any express written relinquishment.

2. The elective share described in this section shall be in lieu of any property the spouse would otherwise receive under the last will and testament of the decedent, through intestacy, or under the terms of a revocable trust.

633.239

SHARE TO EMBRACE HOMESTEAD The share of the surviving spouse in such real estate shall be set off in such manner as to include the homestead, or so much thereof as will be equal to the share allotted to the spouse pursuant to section 633.238 unless the spouse prefers a different arrangement, but no such different arrangement shall be allowed unless there is sufficient property remaining to pay the claims and charges against the decedent's estate.

633.240

ELECTION TO RECEIVE HOMESTEAD In estates in which the surviving spouse has filed an election and in all intestate estates, whether an election is filed or not, the surviving spouse or the spouse's conservator, if applicable, may, in lieu of the spouse's share in the real property possessed by the decedent at any time during the marriage, which has not been sold on execution or other judicial sale, and to which the surviving spouse has made no express written relinquishment of right, elect to receive a life estate in the homestead. In making such election, the surviving spouse shall have all the rights as to the personal property provided in section 633.238, subsection 1, paragraphs "b", "c", and "d".

633.241

TIME FOR ELECTION TO RECEIVE LIFE ESTATE IN HOMESTEAD If the surviving spouse does not make an election to receive the life estate in the homestead and file it with the clerk within four months from the date of second publication of notice to creditors, it shall be conclusively presumed that the surviving spouse waives the right to make the election.

633.242

RIGHTS OF ELECTION PERSONAL TO SURVIVING SPOUSE The right of the surviving spouse to take an elective share, and the right of the surviving spouse to receive a life estate in the homestead, are personal. They are not transferable and cannot be exercised for the spouse subsequent to the spouse's death. If the surviving spouse dies prior to filing an election, it shall be conclusively presumed that the surviving spouse does not take such elective share.

633.244

INCOMPETENT SPOUSE -- ELECTION BY COURT In case an affidavit is filed that the surviving spouse is incapable of determining whether to take the elective share, or to elect to receive a life estate in the homestead, and does not have a conservator, the court shall fix a time and place of hearing on the matter and cause a notice thereof to be served upon the surviving spouse in such manner and for such time as the court may direct. At the hearing, a guardian ad litem shall be appointed to represent the spouse and the court shall enter such orders as it deems appropriate under the circumstances.

633.245

RECORD OF ELECTION The elections of the surviving spouse under section 633.236, 633.240 or 633.244 shall be entered on the proper records of the court.

73

Marriage in Iowa Law (DRAFT) 633.246

ELECTION NOT SUBJECT TO CHANGE An election by or on behalf of a surviving spouse to take the share provided in either section 633.236 or 633.240 or 633.244 hereof once made shall be binding and shall not be subject to change except for such causes as would justify an equitable decree for the rescission of a deed.

633.246A

MEDICAL ASSISTANCE ELIGIBILITY Unless precluded from doing so under the terms of a premarital agreement, the failure of a surviving spouse to make an election under this division constitutes a transfer of assets for the purpose of determining eligibility for medical assistance pursuant to chapter 249A to the extent that the value received by making the election would have exceeded the value of property received absent the election.

633.247

SETTING OFF ELECTIVE SHARE OF SURVIVING SPOUSE The share of the surviving spouse under section 633.236 may be set off by the mutual consent of all parties in interest, or by referees appointed by the court.

633.252

CONFIRMATION CONCLUSIVE -- POSSESSION An order confirming a report of the referee shall be binding and conclusive unless appealed within thirty days and the surviving spouse may bring an action to obtain possession of any assets set apart to the surviving spouse. Such elective share constitutes a judgment lien in favor of such surviving spouse against the possessor of such assets.

633.253

RIGHT CONTESTED Nothing in sections 633.247 through 633.252 shall prevent any person interested from controverting the right of the surviving spouse to the share thus set apart before confirmation of the report of the referees.

633.254

SALE -- DIVISION OF PROCEEDS If it appears to the court, upon application of the personal representative, the surviving spouse, or the report of the referee, that the property, or any part of it, cannot be advantageously divided, the court may order the whole, or any part of such property, sold, and the share of the surviving spouse in the proceeds paid over to the surviving spouse.

633.255

PURCHASE OF NEW HOMESTEAD In case the homestead is sold, the surviving spouse may use any or all of the spouse's share to procure a homestead which shall be exempt from liability for all debts from which the former homestead would have been exempt.

633.256

SECURITY TO AVOID SALE No sale shall be made under section 633.254 if anyone interested gives security to the satisfaction of the court, conditioned to pay the surviving spouse the appraised value of the share with seven percent interest on the same, within such reasonable time as the court may fix, not exceeding one year.

633.257

SECURITY BY SURVIVING SPOUSE If no such arrangement is made, the surviving spouse may keep the property by giving like security to pay the claims of all others interested upon like terms.

633.264

DISPOSAL OF PROPERTY BY WILL Subject to the rights of the surviving spouse to take an elective share as provided by section 633.236, any person of full age and sound mind may dispose by will of all the person's property, except an amount sufficient to pay the debts and charges against the person's estate.

633.268

PRESUMPTION ATTENDING DEVISE TO SPOUSE Where the testator's spouse is named as a devisee in a will, it shall be presumed, unless the intent is clear and explicit to the contrary, and except as provided in section 633.272, that such devise is in lieu of the intestate share and homestead rights of the surviving spouse.

74

Marriage in Iowa Law (DRAFT) 633.271

EFFECT OF DIVORCE OR DISSOLUTION 1. If after making a will the testator is divorced or the testator's marriage is dissolved, all provisions in the will in favor of the testator's spouse or of a relative of the testator's spouse, including but not limited to dispositions, appointments of property, and nominations to serve in any fiduciary or representative capacity, are revoked by the divorce or dissolution of marriage, unless the will provides otherwise. 2. Unless the will provides otherwise, in the event the testator and spouse remarry each other, the provisions of the will revoked by the divorce or dissolution of marriage shall be reinstated unless otherwise revoked by the testator, except for provisions in favor of a person who died prior to the remarriage which shall not be reinstated. 3. For the purposes of this section, "relative of the testator's spouse" means a person who is related to the divorced testator's former spouse by blood, adoption, or affinity, and who, subsequent to a divorce or dissolution of marriage, ceased to be related to the testator by blood, adoption, or affinity.

633.272

PARTIAL INTESTACY If the testator left a surviving spouse, and the spouse does not take an elective share, the spouse shall receive, in addition to the property given to the spouse by the will, so much of the intestate property subject to the payment of its proportionate share of debts and charges as the spouse would receive pursuant to section 633.211 or 633.212.

633.274

EXCEPTION TO ANTILAPSE STATUTE The devise to a spouse of the testator, where the spouse does not survive the testator, shall lapse notwithstanding the provisions of section 633.273, unless from the terms of the will, the intent is clear and explicit to the contrary.

633.304

NOTICE OF PROBATE OF WILL WITH ADMINISTRATION On admission of a will to probate, the executor, as soon as letters are issued, shall cause to be published once each week for two consecutive weeks in a daily or weekly newspaper of general circulation published in the county in which the estate is pending and at any time during the pendency of administration that the executor has knowledge of the name and address of a person believed to own or possess a claim which will not or may not be paid or otherwise satisfied during administration, provide by ordinary mail to each such claimant at the claimant's last known address, and as soon as practicable give notice, except to any executor, by ordinary mail to the surviving spouse, each heir of the decedent and each devisee under the will admitted to probate whose identities are reasonably ascertainable, at such persons' last known addresses, a notice of admission of the will to probate and of the appointment of the executor, in which shall be included a notice that any action to set aside the probate of the will must be brought within the later to occur of four months from the date of the second publication of the notice or one month from the date of mailing of this notice or thereafter be forever barred, and in which shall be included a notice to debtors to make payment, and to creditors having claims against the estate to file them with the clerk within four months from the second publication of the notice, or thereafter be forever barred.

633.304A

NOTICE OF PROBATE OF WILL -- MEDICAL ASSISTANCE CLAIMS The name of the spouse is .....

The birthdate of the spouse is ..... and the spouse's social security number is ...-..-...., and that the spouse of the deceased is alive as of the date of this notice, or deceased as of .....

633.305

NOTICE IF NO ADMINISTRATION As soon as practicable following the admission of the will to probate, the proponent shall give notice of the admission of the will to probate by ordinary mail addressed to the surviving spouse, each heir of the decedent, and each devisee under the will admitted to probate whose identities are reasonably ascertainable, at such persons' last known addresses.

633.332

EXEMPT PERSONAL PROPERTY When the decedent left a surviving spouse, all personal property which in the hands of the decedent as head of a family would be exempt from execution, which is bequeathed or set aside to the surviving spouse in accordance with the provisions of this chapter, shall be exempt in the hands of such surviving spouse as in the hands of the decedent.

75

Marriage in Iowa Law (DRAFT) 633.334

SURVIVING SPOUSE INCLUDED AS "HEIR" The words "heirs" and "legal heirs", and other equivalent words used to designate the beneficiaries in any life insurance policy or certificate of membership in any mutual aid or benevolent association, where no contrary intention is expressed in such instrument, shall be construed to include the surviving husband or wife of the insured.

633.336

DAMAGES FOR WRONGFUL DEATH When a wrongful act produces death, damages recovered as a result of the wrongful act shall be disposed of as personal property belonging to the estate of the deceased; however, if the damages include damages for loss of services and support of a deceased spouse, parent, or child, the damages shall be apportioned by the court among the surviving spouse, children, and parents of the decedent in a manner as the court may deem equitable consistent with the loss of services and support sustained by the surviving spouse, children, and parents respectively. Any recovery by a parent for the death of a child shall be subordinate to the recovery, if any, of the spouse or a child of the decedent. If the decedent leaves a spouse, child, or parent, damages for wrongful death shall not be subject to debts and charges of the decedent's estate, except for amounts to be paid to the department of human services for payments made for medical assistance pursuant to chapter 249A, paid on behalf of the decedent from the time of the injury which gives rise to the decedent's death up until the date of the decedent's death.

633.351

POSSESSION OF REAL AND PERSONAL PROPERTY If there is no distributee of the real estate present and competent to take possession, or if there is a lease of such real estate outstanding, or if the distributees present and competent consent thereto, the personal representative shall take possession of such real estate, except the homestead and other property exempt to the surviving spouse. Every personal representative shall take possession of all the personal property of the decedent, except the property exempt to the surviving spouse.

633.361

REPORT AND INVENTORY 5. Name and post office address of the surviving spouse, if any.

633.374

ALLOWANCE TO SURVIVING SPOUSE The court shall, upon application, set off and order paid to the surviving spouse, as part of the costs of administration, sufficient of the decedent's property as it deems reasonable for the proper support of the surviving spouse for the period of twelve months following the death of the decedent. The court shall take into consideration the station in life of the surviving spouse and the assets and condition of the estate. The allowance shall also include such additional amount as the court deems reasonable for the proper support, during such period, of dependents of the decedent who reside with the surviving spouse. Such allowance to the surviving spouse shall not abate upon the death or remarriage of such spouse.

633.375

REVIEW OF ALLOWANCE TO SURVIVING SPOUSE The court may, upon the petition of the spouse, or other person interested, and after hearing pursuant to notice to all interested parties, review such allowance and increase or decrease the same.

633.376

ALLOWANCE TO CHILDREN WHO DO NOT RESIDE WITH SURVIVING SPOUSE The court may also make an allowance to a child of the decedent who is less than eighteen years of age or who is between the ages of eighteen and twenty-two years who is regularly attending an accredited school in pursuance of a course of study leading to a high school diploma or its equivalent, or regularly attending a course of vocational- technical training either as a part of a regular school program or under special arrangements adapted to the individual person's needs; or is, in good faith, a full-time student in a college, university, or community college; or has been accepted for admission to a college, university, or community college and the next regular term has not yet begun; or a child of any age who is dependent because of physical or mental disability; who does not reside with the surviving spouse, of an amount it deems reasonable in the light of the assets and condition of the estate, to provide for the child's proper support during the period of twelve months.

76

Marriage in Iowa Law (DRAFT) 633.377

REVIEW OF ALLOWANCE TO MINOR CHILDREN The court may, upon the petition of any interested person, review the allowance made to the minor children who do not reside with the surviving spouse and may increase or decrease the same and make such other orders as it may deem proper.

633.386

SALE, MORTGAGE, PLEDGE, LEASE OR EXCHANGE OF PROPERTY -- PURPOSES 2. Exempt personal property under such provisions as the court may direct, if not set off to the surviving spouse, may be sold, mortgaged, pledged, leased, or exchanged, provided that the surviving spouse consents thereto. 3. The homestead, under such provisions as the court may direct, if not set off to the surviving spouse and if the surviving spouse has not elected to occupy the homestead, may be sold, mortgaged, pledged, leased or exchanged. 4. The proceeds from the sale of any exempt personal property or from the sale of the homestead shall be held by the personal representative subject to the rights of the surviving spouse or issue, unless such surviving spouse or issue has expressly waived the rights to such proceeds.

633.433

PAYMENT OF DEBTS AND CHARGES BEFORE EXPIRATION OF FOUR MONTHS' PERIOD As soon as the personal representative is possessed of sufficient means over and above the other costs of administration, the personal representative shall pay any allowance made by the court for the surviving spouse and children of the decedent, and may pay the expenses of funeral, burial, and last illness.

633.436

GENERAL ORDER FOR ABATEMENT Except as provided in sections 633.211 and 633.212, shares of the distributees shall abate, for the payment of debts and charges, federal and state estate taxes, legacies, the shares of children born or adopted after the making of a will, or the share of the surviving spouse who elects to take against the will, without any preference or priority as between real and personal property, in the following order: 2. Property devised to the residuary devisee, except property devised to a surviving spouse who takes under the will; 3. Property disposed of by the will, but not specifically devised and not devised to the residuary devisee, except property devised to a surviving spouse who takes under the will; 4. Property specifically devised, except property devised to a surviving spouse who takes under the will; 5. Property devised to a surviving spouse who takes under the will.

633.477

FINAL REPORT 3. The name and place of residence of the surviving spouse, or that none survived the deceased.

633.516

RIGHTS OF ABSENTEE BARRED -- SALE BY SPOUSE An order establishing the death of an absentee forever bars the rights of homestead and distributive share of the absentee, and the absentee's interest in and to any real estate owned or held by the spouse of the absentee, and in which the spouse may have a legal or equitable interest. Conveyance of any such real estate by the spouse, after four months from date of publication of second notice of the appointment of a personal representative, is free and clear of any claim or right of homestead or distributive share on the part of the absentee.

633.554

NOTICE TO PROPOSED WARD b. Except where the proposed ward is the petitioner, notice shall also be served upon the ward's spouse. If the proposed ward has no spouse, notice shall be served upon the proposed ward's adult children, if any. (2) The spouse of the proposed ward, if the proposed ward is an adult. If the proposed ward has no spouse, notice shall be served upon the proposed ward's adult children, if any.

633.568

NOTICE TO PROPOSED WARD b. Except where the ward is the petitioner, notice shall also be served upon the ward's spouse. If the ward has no spouse, notice shall be served upon the ward's adult children, if any.

77

Marriage in Iowa Law (DRAFT) (2) The spouse of the proposed ward, if the proposed ward is an adult. If the ward has no spouse, notice shall be served upon the proposed ward's adult children, if any.

633.582

NOTICE ON COUNTY ATTORNEY Such notice shall also be served on the county attorney of the county in which the petition is filed and on the spouse and children of the absentee as provided by the rules of civil procedure. If there is no spouse or children, such notice shall be served on such persons and in such manner as the court may prescribe.

633.635

RESPONSIBILITIES OF GUARDIAN The court may make a finding that the ward lacks the capacity to contract a valid marriage.

633.647

POWERS OF CONSERVATOR SUBJECT TO THE APPROVAL OF THE COURT 6. To make an election for the ward who is a surviving spouse as provided in sections 633.236 and 633.240.

633A

IOWA TRUST CODE 633A.2208 DIVISION OF TRUSTS 3. By way of illustration and without limitation, a trust may be divided pursuant to this section to allow a trust to qualify as a marital deduction trust for tax purposes, as a qualified subchapter S trust for federal income tax purposes, as a separate trust for federal generation skipping tax purposes, or for any other federal or state income, estate, excise, or inheritance tax benefit, or to facilitate the administration of a trust.

633A.3107 EFFECT OF DIVORCE OR DISSOLUTION 1. If, after executing a revocable trust, the settlor is divorced or the settlor's marriage is dissolved, all provisions in the trust in favor of the settlor's spouse or of a relative of the settlor's spouse, including but not limited to dispositions, appointments of property, and nominations to serve in any fiduciary or representative capacity, are revoked by divorce or dissolution of marriage unless the trust instrument provides otherwise. 2. Unless the trust instrument provides otherwise, in the event the settlor and spouse remarry each other, the provisions of the revocable trust revoked by the divorce or dissolution of marriage shall be reinstated unless otherwise modified by the settlor, except for provisions in favor of a person who died prior to the remarriage which shall not be reinstated. For the purposes of this section, "relative of the settlor's spouse" means a person who is related to the divorced settlor's former spouse by blood, adoption, or affinity, and who, subsequent to the divorce or dissolution of marriage, ceased to be related to the settlor by blood, adoption, or affinity.

633A.3109 NOTICE TO CREDITORS, CLAIMANTS, HEIRS, SPOUSE, AND BENEFICIARIES b. As soon as practicable, the trustee shall give notice by ordinary mail to the surviving spouse, the heirs of the decedent, and each beneficiary under the trust whose identities are reasonably ascertainable, at such person's last known address. County, Iowa, within the later to occur of sixty days from the date of second publication of this notice, or thirty days from the date of mailing this notice to all heirs of the decedent, spouse of the decedent, and beneficiaries under the trust whose identities are reasonably ascertainable.

633A.3112 DEFINITIONS -- REVOCABLE TRUSTS 2. "Claimant" includes any interested party who possesses any legal claim to trust property, the settlor's spouse, the settlor's heirs as defined in section 633A.3109, and any other person or entity with standing to challenge the trust, a creditor of the settlor, and a personal representative of the settlor's estate.

633A.4202 DUTY OF LOYALTY -- IMPARTIALITY -- CONFIDENTIAL RELATIONSHIP 3. A transaction affected by a material conflict between personal and fiduciary interests includes any sale, encumbrance, or other transaction involving the trust property entered into by the trustee, the spouse, descendant, agent, or attorney of a trustee, or corporation or other enterprise in which the trustee has a substantial beneficial interest.

78

Marriage in Iowa Law (DRAFT) 633A.4214 DUTIES WITH REGARD TO DISCRETIONARY POWERS (1) A power held by the settlor's spouse who is the trustee of a trust for which a marital deduction, as defined in section 2056(b)(5) or 2523(e) of the Internal Revenue Code of 1986, was previously allowed.

633A.4703 GENERAL ORDER FOR ABATEMENT Except as otherwise provided by the governing instrument, where necessary to abate shares of the beneficiaries of a trust for the payment of debts and charges, federal and state estate taxes, bequests, the share of the surviving spouse who takes an elective share, and the shares of children born or adopted after the execution of the trust, abatement shall occur in the following order: 4. Notwithstanding subsections 1, 2, or 3, a disposition in favor of the settlor's surviving spouse who does not take an elective share shall not be abated where such abatement would have the effect of increasing the amount of federal estate or federal gift taxes payable by a person or an entity.

633D

TRANSFER ON DEATH SECURITY REGISTRATION 633D.2

DEFINITIONS 3. "Heir" means a person, including the surviving spouse, who is entitled under the statutes of intestate succession to the property of a decedent.

633D.8

CLAIMS AGAINST A BENEFICIARY OF A TRANSFER ON DEATH SECURITY REGISTRATION 1. If other assets of the estate of a deceased owner are insufficient to pay debts, taxes, and expenses of administration, including statutory allowances to the surviving spouse and children, a transfer at death of a security registered in beneficiary form is not effective against the estate of the deceased sole owner, or if multiple owners, against the estate of the last owner to die, to the extent needed to pay debts, taxes, and expenses of administration, including statutory allowances to the surviving spouse and children. 2. A beneficiary of a transfer on death security registration under this chapter is liable to account to the personal representative of the deceased owner for the value of the security as of the time of the deceased owner's death to the extent necessary to discharge debts, taxes, and expenses of administration, including statutory allowances to the surviving spouse and children. A proceeding against a beneficiary to assert liability shall not be commenced unless the personal representative has received a written demand by the surviving spouse, a creditor, a child, or a person acting for a minor child of the deceased owner.

634A

SUPPLEMENTAL NEEDS TRUSTS FOR PERSONS WITH DISABILITIES 634A.1

DEFINITIONS 2. "Supplemental needs trust" means an inter vivos or testamentary trust created for the benefit of a person with a disability and funded by a person other than the trust beneficiary or the beneficiary's spouse, and which is declared to be a supplemental needs trust in the instrument creating the trust.

634A.2

SUPPLEMENTAL NEEDS TRUST -- REQUIREMENTS 7. Notwithstanding the prohibition of the funding of a supplemental needs trust by the beneficiary or the beneficiary's spouse, a supplemental needs trust may be established with the proceeds of back payments made by the United States social security administration resulting from a judgment regarding the regulatory schemes for determination of the disability of a child.

635

ADMINISTRATION OF SMALL ESTATES 635.2

PETITION REQUIREMENTS 2. The name and address of the surviving spouse, if any.

79

Marriage in Iowa Law (DRAFT)

637

UNIFORM PRINCIPAL AND INCOME ACT 637.201

DETERMINATION AND DISTRIBUTION OF NET INCOME b. Paying from income or principal, in the fiduciary's discretion, fees of attorneys, accountants, and fiduciaries; court costs and other expenses of administration; and interest on death taxes, but the fiduciary may pay those expenses from income of property passing to a trust for which the fiduciary claims an estate tax marital or charitable deduction only to the extent that the payment of those expenses from income will not cause the loss of the deduction.

637.421

DEFERRED COMPENSATION, ANNUITIES, AND SIMILAR PAYMENTS 4. If, to obtain an estate tax marital deduction for a trust, a trustee must allocate more of a payment to income than provided for by this section, the trustee shall allocate to income the additional amount necessary to obtain the marital deduction.

637.425

PROPERTY NOT PRODUCTIVE OF INCOME 1. If a marital deduction is allowed for all or part of a trust whose assets consist substantially of property that does not provide the surviving spouse with sufficient income from or use of the trust assets, the spouse may require the trustee to make property productive of income or convert property within a reasonable time.

637.506

ADJUSTMENTS BETWEEN PRINCIPAL AND INCOME BECAUSE OF TAXES 2. If the amount of an estate tax marital deduction or charitable contributions deduction is reduced because a fiduciary deducts an amount that is paid from principal for income tax purposes instead of deducting it for estate tax purposes, and as a result estate taxes paid from principal are increased and income taxes paid by an estate, trust, or beneficiary are decreased, each estate, trust, or beneficiary that benefits from the decrease in income tax shall reimburse the principal from which the increase in estate tax is paid. The total reimbursement must equal the increase in the estate tax to the extent that the principal used to pay the increase would have qualified for a marital deduction or charitable contributions deduction but for the payment.

637.609

UNITRUST AMOUNT 1. A trust for which a marital deduction has been taken for federal tax purposes under section 2056 or 2523 of the Internal Revenue Code, during the lifetime of the spouse for whom the trust was created.

670

TORT LIABILITY OF GOVERNMENTAL SUBDIVISIONS 670.6

DEATH -- CLAIM PRESENTED BY ANOTHER When the claim is one for death by wrongful act or omission, the notice may be presented by the personal representative, surviving spouse, or next of kin, or the consular officer of the foreign country of which the deceased was a citizen, within one year after the alleged injury resulting in such death; but if the person for whose death the claim is made has presented a notice that would have been sufficient had the person lived, an action for wrongful death may be brought without additional notice.

674

CHANGING NAMES 674.5

CONTENTS OF DECREE The decree shall describe the petitioner, giving the petitioner's name and former name, height, weight, color of hair, color of eyes, race, sex, date and place of birth and the given name of the spouse and any minor children affected by the change.

674.6

NOTICE -- CONSENT If the petitioner is married, the petitioner must give legal notice to the spouse, in the manner of an original notice, of the filing of the petition.

674.13

FURTHER CHANGE BARRED However, in a decree dissolving a person's marriage, the person's name may be changed back to the name appearing on the person's original birth certificate or to a legal name previously acquired in a former marriage.

80

Marriage in Iowa Law (DRAFT)

682

STRUCTURED SETTLEMENT PROTECTION 682.2

DEFINITIONS 2. "Dependents" means a payee's spouse and minor children and all other family members and other persons for whom the payee is legally obligated to provide support, including alimony.

684

FRAUDULENT TRANSFERS 684.1

DEFINITIONS 10. "Relative" means an individual related by consanguinity within the third degree as determined by the common law, a spouse, or an individual related to a spouse within the third degree as so determined, and includes an individual in an adoptive relationship within the third degree.

692A

SEX OFFENDER REGISTRY 692A.3

REGISTRATION PROCESS 2. A person required to register under this chapter shall, within five days of changing residence within a county in this state or within five days of a change in the person's name as a result of marriage, dissolution of marriage, or a legal name change, notify the sheriff of the county in which the person is registered of the change of address, name, and any changes in the person's telephone number in writing on a form provided by the sheriff.

692A.9

REGISTRATION FORMS Registration forms shall be prepared by the department and shall include the registrant's name at the time of conviction and any change of name as a result of marriage, dissolution of marriage, or legal name change, the registrant's social security number, date of birth, the registrant's current address, and, if applicable, the registrant's telephone number.

694

MISSING PERSONS 694.1

MISSING PERSONS For purposes of this chapter an "unemancipated minor" means a minor who has not married and who resides with a parent or other legal guardian.

702

DEFINITIONS 702.11

FORCIBLE FELONY b. Sexual abuse in the third degree committed between spouses.

703

PARTIES TO CRIME 703.3

ACCESSORY AFTER THE FACT Any person having knowledge that a public offense has been committed and that a certain person committed it, and who does not stand in the relation of husband or wife to the person who committed the offense, who harbors, aids or conceals the person who committed the offense, with the intent to prevent the apprehension of the person who committed the offense, commits an aggravated misdemeanor if the public offense committed was a felony, or commits a simple misdemeanor if the public offense was a misdemeanor.

81

Marriage in Iowa Law (DRAFT)

707

HOMICIDE AND RELATED CRIMES 707.8A

PARTIAL-BIRTH ABORTION PROHIBITED -- EXCEPTIONS -- PENALTIES 4. a. The mother on whom a partial-birth abortion is performed, the father of the fetus, or, if the mother is less than eighteen years of age or unmarried at the time of the partial-birth abortion, a maternal grandparent of the fetus may bring an action against a person violating subsection 2 to obtain appropriate relief, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the partial-birth abortion.

708

ASSAULT 708.11

STALKING c. "Immediate family member" means a spouse, parent, child, sibling, or any other person who regularly resides in the household of a specific person, or who within the prior six months regularly resided in the household of a specific person.

709

SEXUAL ABUSE 709.4

SEXUAL ABUSE IN THE THIRD DEGREE 1. The act is done by force or against the will of the other person, whether or not the other person is the person's spouse or is cohabiting with the person. 2. The act is between persons who are not at the time cohabiting as husband and wife and if any of the following are true:

709.8

LASCIVIOUS ACTS WITH A CHILD It is unlawful for any person sixteen years of age or older to perform any of the following acts with a child with or without the child's consent unless married to each other, for the purpose of arousing or satisfying the sexual desires of either of them:

709.9

INDECENT EXPOSURE A person who exposes the person's genitals or pubes to another not the person's spouse, or who commits a sex act in the presence of or view of a third person, commits a serious misdemeanor, if:

709.12

INDECENT CONTACT WITH A CHILD A person eighteen years of age or older is upon conviction guilty of an aggravated misdemeanor if the person commits any of the following acts with a child, not the person's spouse, with or without the child's consent, for the purpose of arousing or satisfying the sexual desires of either of them:

709.15

SEXUAL EXPLOITATION BY A COUNSELOR, THERAPIST, OR SCHOOL EMPLOYEE a. "Counselor or therapist" means a physician, psychologist, nurse, professional counselor, social worker, marriage or family therapist, alcohol or drug counselor, member of the clergy, or any other person, whether or not licensed or registered by the state, who provides or purports to provide mental health services.

714

THEFT, FRAUD, AND RELATED OFFENSES 714.23

REFUND POLICIES However, if, at any time, a student terminates a school term or course that is more than four months in length due to the student's physical incapacity or due to the transfer of the student's spouse's employment to another city, the terminating student shall receive a refund of tuition in an amount which equals the amount of tuition multiplied by the ratio of the remaining number of school days to the total school days of the school term or course.

82

Marriage in Iowa Law (DRAFT)

715A

FORGERY AND RELATED FRAUDULENT CRIMINAL ACTS 715A.8

IDENTITY THEFT 1. a. For purposes of this section, "identification information" includes, but is not limited to, the name, address, date of birth, telephone number, driver's license number, nonoperator's identification card number, social security number, student identification number, military identification number, alien identification or citizenship status number, employer identification number, signature, electronic mail signature, electronic identifier or screen name, biometric identifier, genetic identification information, access device, logo, symbol, trademark, place of employment, employee identification number, parent's legal surname prior to marriage, demand deposit account number, savings or checking account number, or credit card number of a person.

722

BRIBERY AND CORRUPTION 722.11

STUDENT ATHLETE PROHIBITIONS a. "Immediate family member" means a spouse, child, stepchild, parent, stepparent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, first cousin, or guardian of a person named in this paragraph.

724

WEAPONS 724.22

PERSONS UNDER TWENTY-ONE -- SALE, LOAN, GIFT, MAKING AVAILABLE -- POSSESSION 3. A parent, guardian, spouse who is eighteen years of age or older, or another with the express consent of the minor's parent or guardian or spouse who is eighteen years of age or older may allow a minor to possess a rifle or shotgun or the ammunition therefor which may be lawfully used. 5. A parent or guardian or spouse who is twenty-one years of age or older, of a person fourteen years of age but less than twenty-one may allow the person to possess a pistol or revolver or the ammunition therefor for any lawful purpose while under the direct supervision of the parent or guardian or spouse who is twenty-one years of age or older, or while the person receives instruction in the proper use thereof from an instructor twenty-one years of age or older, with the consent of such parent, guardian or spouse.

726

PROTECTION OF THE FAMILY AND DEPENDENT PERSONS 726.1

BIGAMY Any person, having a living husband or wife, who marries another, commits bigamy. 1. The prior marriage was terminated in accordance with applicable law, or the person reasonably believes on reasonably convincing evidence that the prior marriage was so terminated. 2. The person believes, on reasonably convincing evidence, that the prior spouse is dead. 3. The person has, for three years, had no evidence by which the person can reasonably believe that the prior spouse is alive. Any person who marries another who the person knows has another living husband or wife commits bigamy.

726.4

HUSBAND OR WIFE MAY BE WITNESS In all prosecutions under section 726.3, 726.5 or 726.6, the husband or wife is a competent witness for the state and may testify to relevant acts or communications between them.

726.6

CHILD ENDANGERMENT However, this paragraph does not apply to a person who is a parent, guardian, or a person having custody or control over a child or a minor who is required to register as a sex offender, or to a person who is married to and living with a person required to register as a sex offender.

83

Marriage in Iowa Law (DRAFT)

728

OBSCENITY 728.10

AFFIRMATIVE DEFENSE In any prosecution for disseminating or exhibiting obscene material to minors, it is an affirmative defense that the defendant had reasonable cause to believe that the minor involved was eighteen years old or more and the minor exhibited to the defendant a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that such minor was eighteen years old or more or was accompanied by a parent or spouse eighteen years of age or more.

904

DEPARTMENT OF CORRECTIONS 904.508

PROPERTY OF INMATE -- INMATE SAVINGS FUND However, if the property left by the decedent cannot be delivered to the designated person, delivery may be made to the surviving spouse or an heir of the decedent. If the decedent's property cannot be delivered to the designated person and no surviving spouse or heir is known, the superintendent shall deliver the property to the treasurer of state for disposition as unclaimed property pursuant to chapter 556, after deducting expenses incurred in disposing of the decedent's body or property.

905

COMMUNITY=BASED CORRECTIONAL PROGRAM 905.4

DUTIES OF THE BOARD 9. Arrange, by contract or on an alternative basis mutually acceptable, and with approval of the director of the Iowa department of corrections or that director's designee for utilization of existing local treatment and service resources, including but not limited to employment, job training, general, special, or remedial education; psychiatric and marriage counseling; and alcohol and drug abuse treatment and counseling.

915

VICTIM RIGHTS 915.40

DEFINITIONS d. The victim's spouse.

915.43

TESTING, REPORTING, AND COUNSELING -- PENALTIES 13. In addition to persons to whom disclosure of the results of a convicted or alleged offender's HIV-related test results is authorized under this subchapter, the victim may also disclose the results to the victim's spouse, persons with whom the victim has engaged in vaginal, anal, or oral intercourse subsequent to the sexual assault, or members of the victim's family within the third degree of consanguinity.

915.80

DEFINITIONS 5. "Secondary victim" means the victim's spouse, children, parents, and siblings, and any person who resides in the victim's household at the time of the crime or at the time of the discovery of the crime.

915.86

COMPUTATION OF COMPENSATION 8. In the event of a victim's death, reasonable charges incurred for counseling the victim's spouse, children, parents, siblings, or persons cohabiting with or related by blood or affinity to the victim if the counseling services are provided by a psychologist licensed under chapter 154B, a victim counselor as defined in section 915.20A, subsection 1, or an individual holding at least a master's degree in social work or counseling and guidance, and reasonable charges incurred by such persons for medical care counseling provided by a psychiatrist licensed under chapter 147 or 150A. 9. In the event of a homicide, reasonable charges incurred for health care for the victim's spouse; child, foster child, stepchild, son-in-law, or daughter-in-law; parent, foster parent, or stepparent; sibling, foster sibling, stepsibling, brother-in-law, or sister-in-law; grandparent; grandchild; aunt, uncle, or first cousin; legal ward; or person cohabiting with the victim, not to exceed three thousand dollars per survivor.

84

Marriage in Iowa Law (DRAFT) 10. In the event of a homicide, loss of income from work that, but for the death of the victim, would have been earned by the victim's spouse; child, foster child, stepchild, son-in-law, or daughter-in-law; parent, foster parent, or stepparent; sibling, foster sibling, stepsibling, brother-in-law, or sister-in-law; grandparent; grandchild; aunt, uncle, or first cousin; legal ward; or person cohabiting with the victim, not to exceed six thousand dollars.

85

Marriage in Iowa Law (DRAFT)

Index divorce 70A.5

FEES PAYABLE IN ADVANCE

144.43

VITAL RECORDS CLOSED TO INSPECTION -- EXCEPTIONS

232B.3

DEFINITIONS

252A.3

LIABILITY FOR SUPPORT

252A.6

HOW COMMENCED -- TRIAL

256.46

RULES FOR PARTICIPATION IN EXTRACURRICULAR ACTIVITIES BY CERTAIN CHILDREN

501.103

PERMISSIBLE MEMBERS -- LIMITED FARMING ACTIVITIES

513B.2

DEFINITIONS

524.612

DIRECTOR DEALING WITH STATE BANK

587.11

ANNULMENT OF MARRIAGES -- SERVICE BY PUBLICATION

595.19

VOID MARRIAGES

598.1

DEFINITIONS

598.15

MANDATORY COURSE -- PARTIES TO CERTAIN PROCEEDINGS

633.3

DEFINITIONS AND USE OF TERMS

633.271

EFFECT OF DIVORCE OR DISSOLUTION

633A.3107

EFFECT OF DIVORCE OR DISSOLUTION

divorced 232.116

GROUNDS FOR TERMINATION

236.2

DEFINITIONS

595.2

GENDER -- AGE

600A.8

GROUNDS FOR TERMINATION

633.271

EFFECT OF DIVORCE OR DISSOLUTION

633A.3107

EFFECT OF DIVORCE OR DISSOLUTION

husband 42.1

DEFINITIONS

68A.601

CHECKOFF -- INCOME TAX

144.13

BIRTH CERTIFICATES

230.26

AUDITOR TO KEEP RECORD

232.74

EVIDENCE NOT PRIVILEGED OR EXCLUDED

232.96

ADJUDICATORY HEARING

252A.3

LIABILITY FOR SUPPORT

252A.3A

ESTABLISHING PATERNITY BY AFFIDAVIT

252K.316

SPECIAL RULES OF EVIDENCE AND PROCEDURE

422.5

TAX IMPOSED -- EXCLUSIONS -- ALTERNATIVE MINIMUM TAX

422.7

"NET INCOME" -- HOW COMPUTED

86

Marriage in Iowa Law (DRAFT) 422.9

DEDUCTIONS FROM NET INCOME

422.12

DEDUCTIONS FROM COMPUTED TAX

422.13

RETURN BY INDIVIDUAL

422.27

FINAL REPORT OF FIDUCIARY -- CONDITIONS

428A.2

EXCEPTIONS

450.22

ADMINISTRATION AVOIDED -- INHERITANCE TAX DUTIES REQUIRED -- PENALTY

514A.2

FORM OF POLICY

537.3304

USE OF MULTIPLE AGREEMENTS

537.7103

PROHIBITED PRACTICES

539.4

ASSIGNMENT OF WAGES

557.12

CONVEYANCES BY HUSBAND AND WIFE

557.13

COVENANTS -- SPOUSE NOT BOUND

557B.8

DISCLOSURES TO PURCHASERS

561.4

SELECTING -- PLATTING

561.13

CONVEYANCE OR ENCUMBRANCE

589.17

CONVEYANCES BY SPOUSE UNDER POWER

595.19

VOID MARRIAGES

597.1

PROPERTY RIGHTS OF MARRIED WOMEN

597.2

INTEREST OF SPOUSE IN OTHER'S PROPERTY

597.3

REMEDY BY ONE AGAINST THE OTHER

597.4

CONVEYANCES TO EACH OTHER

597.5

ATTORNEY IN FACT

597.6

MENTAL ILLNESS -- CONVEYANCE OF PROPERTY

597.8

DECREE

597.10

ABANDONMENT OF EITHER -- PROCEEDINGS

597.11

CONTRACTS AND SALES BINDING

597.13

ANNULMENT OF DECREE

597.14

FAMILY EXPENSES

597.17

LIABILITY FOR SEPARATE DEBTS

598.29

ANNULLING ILLEGAL MARRIAGE -- CAUSES

598B.310

HEARING AND ORDER

600.4

QUALIFICATIONS TO FILE ADOPTION PETITION

600A.6

NOTICE OF TERMINATION HEARING

622.8

WITNESS FOR EACH OTHER

622.9

COMMUNICATIONS BETWEEN HUSBAND AND WIFE

633.3

DEFINITIONS AND USE OF TERMS

633.334

SURVIVING SPOUSE INCLUDED AS "HEIR"

703.3

ACCESSORY AFTER THE FACT

709.4

SEXUAL ABUSE IN THE THIRD DEGREE

726.1

BIGAMY

87

Marriage in Iowa Law (DRAFT) 726.4

HUSBAND OR WIFE MAY BE WITNESS

husband's 561.13

CONVEYANCE OR ENCUMBRANCE

597.5

ATTORNEY IN FACT

597.6

MENTAL ILLNESS -- CONVEYANCE OF PROPERTY

15A.1

ECONOMIC DEVELOPMENT -- PUBLIC PURPOSE -- ENVIRONMENTAL PROTECTION AND WASTE DISPOSAL REQUIREMENTS

97A.12

EXEMPTION FROM EXECUTION AND OTHER PROCESS OR ASSIGNMENT -- EXCEPTIONS

97B.39

RIGHTS NOT TRANSFERABLE OR SUBJECT TO LEGAL PROCESS -- EXCEPTIONS

135.24

VOLUNTEER HEALTH CARE PROVIDER PROGRAM ESTABLISHED -- IMMUNITY FROM CIVIL LIABILITY

135L.3

NOTIFICATION OF PARENT PRIOR TO THE PERFORMANCE OF ABORTION ON A PREGNANT MINOR -- REQUIREMENTS -CRIMINAL PENALTY

139A.3

REPORTS TO DEPARTMENT -- IMMUNITY -- CONFIDENTIALITY -- INVESTIGATIONS

139A.31

REPORT TO DEPARTMENT

139A.32

EXAMINATION RESULTS FROM LABORATORY -- REPORT

141A.6

HIV-RELATED CONDITIONS -- CONSENT, TESTING, AND REPORTING -- PENALTY

144.29A

TERMINATION OF PREGNANCY REPORTING

147.2

LICENSE REQUIRED

147.3

QUALIFICATIONS

147.13

DESIGNATION OF BOARDS

147.14

COMPOSITION OF BOARDS

147.74

PROFESSIONAL TITLES OR ABBREVIATIONS -- FALSE USE PROHIBITED

147.80

LICENSE -- EXAMINATION -- FEES

154A.9

APPLICATIONS

154C.7

GENERAL EXEMPTIONS

154D.1

DEFINITIONS

154D.2

LICENSURE -- MARITAL AND FAMILY THERAPY -- MENTAL HEALTH COUNSELING

154D.4

EXEMPTIONS

154D.5

SEXUAL CONDUCT WITH CLIENT

154D.6

TRANSITION PROVISIONS

155.14

APPLICATIONS

216.9

UNFAIR OR DISCRIMINATORY PRACTICES -- EDUCATION

216.10

UNFAIR CREDIT PRACTICES

232.61

JURISDICTION

256.10

EMPLOYMENT OF PROFESSIONAL STAFF

256.46

RULES FOR PARTICIPATION IN EXTRACURRICULAR ACTIVITIES BY CERTAIN CHILDREN

280.3

DUTIES OF BOARD

280.28

HARASSMENT AND BULLYING PROHIBITED -- POLICY -- IMMUNITY

282.18

OPEN ENROLLMENT

294.10B

RIGHTS NOT TRANSFERABLE OR SUBJECT TO LEGAL PROCESS -- EXCEPTIONS

marital

88

Marriage in Iowa Law (DRAFT) 411.6

BENEFITS

411.6B

ROLLOVERS OF MEMBERS' ACCOUNTS

411.13

EXEMPTION FROM EXECUTION AND OTHER PROCESS OR ASSIGNMENT -- EXCEPTIONS

455B.213

CERTIFICATION OF OPERATORS

514C.22

BIOLOGICALLY BASED MENTAL ILLNESS COVERAGE

515.103

USE OF CREDIT INFORMATION -- PERSONAL INSURANCE

537.3311

DISCRIMINATION PROHIBITED

542.5

QUALIFICATIONS FOR A CERTIFICATE AS A CERTIFIED PUBLIC ACCOUNTANT

542B.13

APPLICATIONS AND EXAMINATION FEES

543B.15

QUALIFICATIONS

544A.25

APPLICANT -- CIVIL RIGHTS -- MORAL CHARACTER

544B.9

APPLICATIONS

600A.2

DEFINITIONS

602.3105

APPLICATIONS

602.10102

QUALIFICATIONS FOR ADMISSION

614.1

PERIOD

622.10

COMMUNICATIONS IN PROFESSIONAL CONFIDENCE -- EXCEPTIONS -- REQUIRED CONSENT TO RELEASE OF MEDICAL RECORDS AFTER COMMENCEMENT OF LEGAL ACTION -- APPLICATION TO COURT

633A.2208

DIVISION OF TRUSTS

633A.4214

DUTIES WITH REGARD TO DISCRETIONARY POWERS

637.201

DETERMINATION AND DISTRIBUTION OF NET INCOME

637.421

DEFERRED COMPENSATION, ANNUITIES, AND SIMILAR PAYMENTS

637.425

PROPERTY NOT PRODUCTIVE OF INCOME

637.506

ADJUSTMENTS BETWEEN PRINCIPAL AND INCOME BECAUSE OF TAXES

637.609

UNITRUST AMOUNT

marriage 22.7

CONFIDENTIAL RECORDS

68B.22

GIFTS ACCEPTED OR RECEIVED

85A.7

LIMITATIONS AND EXCEPTIONS

97A.1

DEFINITIONS OF WORDS AND PHRASES

123.39

SUSPENSION OR REVOCATION OF LICENSE OR PERMIT -- CIVIL PENALTY

135.109

IOWA DOMESTIC ABUSE DEATH REVIEW TEAM MEMBERSHIP

144.1

DEFINITIONS

144.16

DELAYED REGISTRATION OF DEATH OR MARRIAGE

144.36

MARRIAGE CERTIFICATE FILED -- PROHIBITED INFORMATION

144.37

DISSOLUTION AND ANNULMENT RECORDS

144.43

VITAL RECORDS CLOSED TO INSPECTION -- EXCEPTIONS

144.45

CERTIFIED COPIES

144.45A

COMMEMORATIVE BIRTH AND MARRIAGE CERTIFICATES

144.51

INFORMATION BY OTHERS FURNISHED ON DEMAND

89

Marriage in Iowa Law (DRAFT) 144A.3

DECLARATION RELATING TO USE OF LIFE-SUSTAINING PROCEDURES

144B.3

REQUIREMENTS

144B.4

INDIVIDUALS INELIGIBLE TO BE ATTORNEY IN FACT

144B.12

GENERAL PROVISIONS

154D.1

DEFINITIONS

216.18A

CONSTRUCTION OF CHAPTER -- MARRIAGE

232.2

DEFINITIONS

234.45

IOWA MARRIAGE INITIATIVE GRANT FUND

239B.1

DEFINITIONS

252A.3

LIABILITY FOR SUPPORT

252B.6

ADDITIONAL SERVICES IN ASSISTANCE CASES

252F.1

DEFINITIONS

252H.18

ORDERS SUBJECT TO ADMINISTRATIVE MODIFICATION

321.46

NEW TITLE AND REGISTRATION UPON TRANSFER OF OWNERSHIP -- CREDIT

331.605

OTHER FEES

331.611

VITAL STATISTICS

410.10

PENSIONS -- SURVIVING SPOUSE -- CHILDREN -- DEPENDENTS

411.1

DEFINITIONS

411.6

BENEFITS

422.7

"NET INCOME" -- HOW COMPUTED

425.11

DEFINITIONS

425.26

PROOF OF CLAIM

425A.2

DEFINITIONS

428A.2

EXCEPTIONS

450.1

DEFINITIONS -- CONSTRUCTION

455H.103

DEFINITIONS

490A.1501

DEFINITIONS

509B.2

PERSONS INCLUDED IN THIS CHAPTER

509B.3

CONTINUATION OF BENEFITS

514A.3

ACCIDENT AND SICKNESS POLICY PROVISIONS

537.1301

GENERAL DEFINITIONS

554.9102

DEFINITIONS AND INDEX OF DEFINITIONS

558A.1

DEFINITIONS

587.11

ANNULMENT OF MARRIAGES -- SERVICE BY PUBLICATION

595.1A

CONTRACT

595.2

GENDER -- AGE

595.3

LICENSE

595.3A

APPLICATION FORM AND LICENSE -- ABUSE PREVENTION LANGUAGE

595.4

AGE AND QUALIFICATION -- VERIFIED APPLICATION -- WAITING PERIOD -- EXCEPTION

595.5

NAME CHANGE ADOPTED

90

Marriage in Iowa Law (DRAFT) 595.7

DELIVERY OF BLANK WITH LICENSE

595.9

VIOLATIONS

595.11

NONSTATUTORY SOLEMNIZATION -- FORFEITURE

595.12

FEE AND EXPENSES

595.13

CERTIFICATE -- RETURN

595.15

INADEQUATE RETURN

595.16

SPOUSE RESPONSIBLE FOR RETURN

595.16A

ISSUANCE OF CERTIFIED COPY OF CERTIFICATE OF MARRIAGE

595.17

EXCEPTIONS

595.18

ISSUE LEGITIMATIZED

595.19

VOID MARRIAGES

595.20

FOREIGN MARRIAGES -- VALIDITY

596.1

DEFINITIONS

596.5

CONTENT

596.6

EFFECTIVE DATE OF AGREEMENT

596.7

REVOCATION

596.10

ENFORCEMENT -- VOID MARRIAGE

596.11

LIMITATION OF ACTIONS

597.3

REMEDY BY ONE AGAINST THE OTHER

597.17

LIABILITY FOR SEPARATE DEBTS

597.19

SPOUSE NOT LIABLE FOR TORTS OF OTHER SPOUSE

598.1

DEFINITIONS

598.3

KIND OF ACTION -- JOINDER

598.4

CAPTION OF PETITION FOR DISSOLUTION

598.5

CONTENTS OF PETITION -- VERIFICATION -- EVIDENCE

598.7

MEDIATION

598.8

HEARINGS -- EXCEPTIONS

598.11

HOW TEMPORARY ORDER MADE -- CHANGES -- RETROACTIVE MODIFICATION

598.15

MANDATORY COURSE -- PARTIES TO CERTAIN PROCEEDINGS

598.16

CONCILIATION -- DOMESTIC RELATIONS DIVISIONS

598.17

DISSOLUTION OF MARRIAGE -- EVIDENCE

598.18

RECRIMINATION NOT A BAR TO DISSOLUTION OF MARRIAGE

598.19

WAITING PERIOD BEFORE DECREE

598.20

FORFEITURE OF MARITAL RIGHTS

598.21

ORDERS FOR DISPOSITION OF PROPERTY

598.21A

ORDERS FOR SPOUSAL SUPPORT

598.21E

CONTESTING PATERNITY TO CHALLENGE CHILD SUPPORT ORDER

598.25

PARTIES AND COURT GRANTING MARRIAGE DISSOLUTION DECREE -- NOTICE

598.26

RECORD -- IMPOUNDING -- VIOLATION INDICTABLE

598.28

SEPARATE MAINTENANCE AND ANNULMENT

91

Marriage in Iowa Law (DRAFT) 598.29

ANNULLING ILLEGAL MARRIAGE -- CAUSES

598.30

VALIDITY DETERMINED

598.31

CHILDREN -- LEGITIMACY

598.32

ANNULMENT -- COMPENSATION

598.37

NAME CHANGE

598.41

CUSTODY OF CHILDREN

598B.102

DEFINITIONS

598B.207

INCONVENIENT FORUM

599.1

PERIOD OF MINORITY -- EXCEPTION FOR CERTAIN INMATES

600.5

CONTENTS OF AN ADOPTION PETITION

600.16

ADOPTION RECORD -- PENALTY FOR VIOLATIONS

600A.2

DEFINITIONS

600B.40A

TEMPORARY ORDERS -- SUPPORT, CUSTODY, OR VISITATION OF A CHILD

600C.1

GRANDPARENT AND GREAT-GRANDPARENT VISITATION

602.8102

GENERAL DUTIES

602.8103

GENERAL POWERS

602.8105

FEES FOR CIVIL CASES AND OTHER SERVICES -- COLLECTION AND DISPOSITION

622.9

COMMUNICATIONS BETWEEN HUSBAND AND WIFE

622.32

STATUTE OF FRAUDS

627.6

GENERAL EXEMPTIONS

633.3

DEFINITIONS AND USE OF TERMS

633.211

SHARE OF SURVIVING SPOUSE IF DECEDENT LEFT NO ISSUE OR LEFT ISSUE ALL OF WHOM ARE ISSUE OF SURVIVING SPOUSE

633.212

SHARE OF SURVIVING SPOUSE IF DECEDENT LEFT ISSUE SOME OF WHOM ARE NOT ISSUE OF SURVIVING SPOUSE

633.238

ELECTIVE SHARE OF SURVIVING SPOUSE

633.240

ELECTION TO RECEIVE HOMESTEAD

633.271

EFFECT OF DIVORCE OR DISSOLUTION

633.635

RESPONSIBILITIES OF GUARDIAN

633A.3107

EFFECT OF DIVORCE OR DISSOLUTION

674.13

FURTHER CHANGE BARRED

692A.3

REGISTRATION PROCESS

692A.9

REGISTRATION FORMS

709.15

SEXUAL EXPLOITATION BY A COUNSELOR, THERAPIST, OR SCHOOL EMPLOYEE

715A.8

IDENTITY THEFT

726.1

BIGAMY

905.4

DUTIES OF THE BOARD

marriages 144.1

DEFINITIONS

144.2

DIVISION OF RECORDS AND STATISTICS

144.36

MARRIAGE CERTIFICATE FILED -- PROHIBITED INFORMATION

92

Marriage in Iowa Law (DRAFT) 595.3

LICENSE

595.10

WHO MAY SOLEMNIZE

595.11

NONSTATUTORY SOLEMNIZATION -- FORFEITURE

595.17

EXCEPTIONS

595.19

VOID MARRIAGES

married 35D.4

MARRIED COUPLES -- QUARTERS -- COTTAGES

35D.5

SURVIVING SPOUSES OF VETERANS

85.42

CONCLUSIVELY PRESUMED DEPENDENT

97A.6A

OPTIONAL RETIREMENT BENEFITS

97B.44

BENEFICIARY

97B.51

ALLOWANCE UPON RETIREMENT

135.108

DEFINITIONS

135L.1

DEFINITIONS

144.12A

DECLARATION OF PATERNITY REGISTRY

144.13

BIRTH CERTIFICATES

144.36

MARRIAGE CERTIFICATE FILED -- PROHIBITED INFORMATION

232.116

GROUNDS FOR TERMINATION

236.2

DEFINITIONS

237.1

DEFINITIONS

239B.1

DEFINITIONS

249B.1

DEFINITIONS

252A.2

DEFINITIONS

252A.3

LIABILITY FOR SUPPORT

252A.3A

ESTABLISHING PATERNITY BY AFFIDAVIT

252A.6A

ADDITIONAL PROVISIONS REGARDING PATERNITY ESTABLISHMENT

252C.4

CERTIFICATION TO COURT -- HEARING -- DEFAULT

321.184

APPLICATIONS OF UNMARRIED MINORS

411.6

BENEFITS

411.6A

OPTIONAL RETIREMENT BENEFITS

422.4

DEFINITIONS CONTROLLING DIVISION

422.5

TAX IMPOSED -- EXCLUSIONS -- ALTERNATIVE MINIMUM TAX

422.7

"NET INCOME" -- HOW COMPUTED

422.9

DEDUCTIONS FROM NET INCOME

422.11S

SCHOOL TUITION ORGANIZATION TAX CREDIT

422.12

DEDUCTIONS FROM COMPUTED TAX

422.12B

EARNED INCOME TAX CREDIT

422.12C

CHILD AND DEPENDENT CARE OR EARLY CHILDHOOD DEVELOPMENT TAX CREDITS

422.16

WITHHOLDING OF INCOME TAX AT SOURCE -- PENALTIES -- INTEREST -- DECLARATION OF ESTIMATED TAX -- BOND

422.21

FORM AND TIME OF RETURN

93

Marriage in Iowa Law (DRAFT) 422.120

LIVESTOCK PRODUCTION TAX CREDIT ALLOWED -- COW-CALF OPERATION

425.2

QUALIFYING FOR CREDIT

426A.13

CLAIM FOR MILITARY TAX EXEMPTION -- DISCHARGE RECORDED

428.1

LISTING OF PROPERTY

450.1

DEFINITIONS -- CONSTRUCTION

534.302

OWNERSHIP OF SAVINGS ACCOUNTS

539.4

ASSIGNMENT OF WAGES

557.11

CONVEYANCES BY MARRIED PERSONS

557B.8

DISCLOSURES TO PURCHASERS

558.35

MARRIED PERSONS

561.13

CONVEYANCE OR ENCUMBRANCE

595.9

VIOLATIONS

597.1

PROPERTY RIGHTS OF MARRIED WOMEN

597.16

WAGES OF MARRIED PERSON -- ACTIONS BY

597.18

CONTRACTS OF MARRIED PERSON

597.19

SPOUSE NOT LIABLE FOR TORTS OF OTHER SPOUSE

598.21E

CONTESTING PATERNITY TO CHALLENGE CHILD SUPPORT ORDER

600A.2

DEFINITIONS

600A.8

GROUNDS FOR TERMINATION

600B.40A

TEMPORARY ORDERS -- SUPPORT, CUSTODY, OR VISITATION OF A CHILD

600B.41A

ACTIONS TO OVERCOME PATERNITY -- APPLICABILITY -- CONDITIONS

602.9115

ANNUITY FOR SURVIVOR OF ANNUITANT

622.9

COMMUNICATIONS BETWEEN HUSBAND AND WIFE

633.3

DEFINITIONS AND USE OF TERMS

633.236

RIGHT OF ELECTIVE SHARE OF SURVIVING SPOUSE

674.6

NOTICE -- CONSENT

694.1

MISSING PERSONS

709.8

LASCIVIOUS ACTS WITH A CHILD

726.6

CHILD ENDANGERMENT

144.36

MARRIAGE CERTIFICATE FILED -- PROHIBITED INFORMATION

331.605

OTHER FEES

595.4

AGE AND QUALIFICATION -- VERIFIED APPLICATION -- WAITING PERIOD -- EXCEPTION

marry

matrimony 555A.1

DEFINITIONS

598.5

CONTENTS OF PETITION -- VERIFICATION -- EVIDENCE

598.8

HEARINGS -- EXCEPTIONS

598.17

DISSOLUTION OF MARRIAGE -- EVIDENCE

premarital 249A.3

ELIGIBILITY

94

Marriage in Iowa Law (DRAFT) 596.1

DEFINITIONS

596.2

CONSTRUCTION AND APPLICATION

596.3

SHORT TITLE

596.5

CONTENT

596.6

EFFECTIVE DATE OF AGREEMENT

596.7

REVOCATION

596.8

ENFORCEMENT

596.9

UNCONSCIONABILITY

596.10

ENFORCEMENT -- VOID MARRIAGE

596.11

LIMITATION OF ACTIONS

596.12

EFFECTIVE DATE

633.246A

MEDICAL ASSISTANCE ELIGIBILITY

remarried 97A.6

BENEFITS

410.10

PENSIONS -- SURVIVING SPOUSE -- CHILDREN -- DEPENDENTS

411.6

BENEFITS

627.11

EXCEPTION UNDER DECREE FOR SPOUSAL SUPPORT

97A.12

EXEMPTION FROM EXECUTION AND OTHER PROCESS OR ASSIGNMENT -- EXCEPTIONS

97B.39

RIGHTS NOT TRANSFERABLE OR SUBJECT TO LEGAL PROCESS -- EXCEPTIONS

249A.3

ELIGIBILITY

249B.2

CREATION OF SPOUSAL SUPPORT DEBT

249B.3

NOTICE OF SPOUSAL SUPPORT DEBT -- FAILURE TO RESPOND -- HEARING -- ORDER

249B.4

CERTIFICATION TO COURT -- HEARING -- DEFAULT

249B.6

INTEREST ON SPOUSAL SUPPORT DEBTS

249B.7

SECURITY FOR PAYMENT OF SPOUSAL SUPPORT -- FORFEITURE

252A.3

LIABILITY FOR SUPPORT

252B.5

SERVICES OF UNIT

252D.16

DEFINITIONS

252D.17

NOTICE TO PAYOR OF INCOME -- DUTIES AND LIABILITY -- CRIMINAL PENALTY

252K.101

DEFINITIONS

252K.205

CONTINUING, EXCLUSIVE JURISDICTION

252K.206

ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER BY TRIBUNAL HAVING CONTINUING JURISDICTION

252K.301

PROCEEDINGS UNDER THIS CHAPTER

294.10B

RIGHTS NOT TRANSFERABLE OR SUBJECT TO LEGAL PROCESS -- EXCEPTIONS

411.6

BENEFITS

411.13

EXEMPTION FROM EXECUTION AND OTHER PROCESS OR ASSIGNMENT -- EXCEPTIONS

535.3

INTEREST ON JUDGMENTS AND DECREES

597.14

FAMILY EXPENSES

598.21C

MODIFICATION OF CHILD, SPOUSAL, OR MEDICAL SUPPORT ORDERS

spousal

95

Marriage in Iowa Law (DRAFT) 614.1

PERIOD

627.6A

EXEMPTIONS FOR SUPPORT -- PENSIONS AND SIMILAR PAYMENTS

627.13

WORKERS' COMPENSATION

2.40

MEMBERSHIP IN STATE INSURANCE PLANS

8A.504

SETOFF PROCEDURES

9H.1

DEFINITIONS

10.1

DEFINITIONS

15E.42

DEFINITIONS

16.1

DEFINITIONS

29A.90

DEFINITIONS

29A.99

MAXIMUM RATE OF INTEREST

35A.15

HOME OWNERSHIP ASSISTANCE PROGRAM

35B.13

BURIAL -- EXPENSES

35D.4

MARRIED COUPLES -- QUARTERS -- COTTAGES

35D.5

SURVIVING SPOUSES OF VETERANS

35D.10

PAYMENT TO DEPENDENTS

46.14

NOMINATION

53.40

REQUEST REQUIREMENTS -- TRANSMISSION OF BALLOT

68A.303

TRANSFER OF CAMPAIGN FUNDS

68A.601

CHECKOFF -- INCOME TAX

68B.2

DEFINITIONS

70A.1

SALARIES -- PAYMENT -- VACATIONS -- SICK LEAVE -- EDUCATIONAL LEAVE

70A.23

CREDIT FOR ACCRUED SICK LEAVE

85.1

INAPPLICABILITY OF CHAPTER

85.31

DEATH CASES -- DEPENDENTS

85.42

CONCLUSIVELY PRESUMED DEPENDENT

85.43

PAYMENT TO SPOUSE

85.45

COMMUTATION

91A.2

DEFINITIONS

96.3

PAYMENT -- DETERMINATION -- DURATION -- CHILD SUPPORT INTERCEPT

96.19

DEFINITIONS

97A.1

DEFINITIONS OF WORDS AND PHRASES

97A.6

BENEFITS

97A.6A

OPTIONAL RETIREMENT BENEFITS

97A.6B

ROLLOVERS OF MEMBERS' ACCOUNTS

97B.44

BENEFICIARY

97B.51

ALLOWANCE UPON RETIREMENT

97B.52

PAYMENT TO BENEFICIARY

97B.53B

ROLLOVERS OF MEMBERS' ACCOUNTS

spouse

96

Marriage in Iowa Law (DRAFT) 99D.5

CREATION OF STATE RACING AND GAMING COMMISSION

99G.11

CONFLICTS OF INTEREST

99G.31

PRIZES

123.10

ADMINISTRATOR APPOINTED -- DUTIES

123.40

EFFECT OF REVOCATION

123A.2

DEFINITIONS

135.62

DEPARTMENT TO ADMINISTER DIVISION -- HEALTH FACILITIES COUNCIL ESTABLISHED -- APPOINTMENTS -- POWERS AND DUTIES

135.108

DEFINITIONS

135J.1

DEFINITIONS

138.1

DEFINITIONS

139A.35

MINORS

141A.9

CONFIDENTIALITY OF INFORMATION

142C.2

DEFINITIONS

142C.4

WHO MAY MAKE ANATOMICAL GIFT OF DECEDENT'S BODY OR PART -- AMENDING OR REVOKING GIFT

144.34

DISINTERMENT -- PERMIT

144.56

AUTOPSY

144A.7

PROCEDURE IN ABSENCE OF DECLARATION

144B.12

GENERAL PROVISIONS

175.2

DEFINITIONS

175.12

BEGINNING FARMER PROGRAM

218.66

PROPERTY OF SMALL VALUE

218.67

ESTATE ADMINISTRATOR NOT IDENTIFIED

228.8

DISCLOSURES TO FAMILY MEMBERS

229.4

RIGHT TO RELEASE ON APPLICATION

230.15

PERSONAL LIABILITY

230.26

AUDITOR TO KEEP RECORD

235B.2

DEFINITIONS

239B.1

DEFINITIONS

239B.2B

ELIGIBILITY OF NONCITIZENS

249.3

ELIGIBILITY

249A.2

DEFINITIONS

249A.3

ELIGIBILITY

249A.5

RECOVERY OF PAYMENT

249B.1

DEFINITIONS

249B.2

CREATION OF SPOUSAL SUPPORT DEBT

249B.3

NOTICE OF SPOUSAL SUPPORT DEBT -- FAILURE TO RESPOND -- HEARING -- ORDER

249B.4

CERTIFICATION TO COURT -- HEARING -- DEFAULT

249B.5

FILING AND DOCKETING OF FINANCIAL RESPONSIBILITY ORDER -- ORDER EFFECTIVE AS COURT DECREE

249B.7

SECURITY FOR PAYMENT OF SPOUSAL SUPPORT -- FORFEITURE

249F.1

DEFINITIONS

97

Marriage in Iowa Law (DRAFT) 252.14

HOMESTEAD -- WHEN LIABLE

252A.2

DEFINITIONS

252A.3

LIABILITY FOR SUPPORT

252B.5

SERVICES OF UNIT

252G.1

DEFINITIONS

252K.101

DEFINITIONS

321.34

PLATES OR VALIDATION STICKER FURNISHED -- RETAINED BY OWNER -- SPECIAL PLATES

321.46

NEW TITLE AND REGISTRATION UPON TRANSFER OF OWNERSHIP -- CREDIT

321.198

MILITARY SERVICE EXCEPTION

321J.4B

MOTOR VEHICLE IMPOUNDMENT OR IMMOBILIZATION -- PENALTY -- LIABILITY OF VEHICLE OWNER

323.14

DEATH OF FRANCHISEE -- SUCCESSOR -- PENALTY

327D.187

RELIEF OR INDEMNITY CONTRACT

331.214

VACANCY OF SUPERVISOR'S OFFICE

331.342

CONFLICTS OF INTEREST IN PUBLIC CONTRACTS

331.802

DEATHS -- REPORTED AND INVESTIGATED

347.9

TRUSTEES -- APPOINTMENT -- TERMS OF OFFICE

362.5

INTEREST IN PUBLIC CONTRACT PROHIBITED -- EXCEPTIONS

410.6

WHO ENTITLED TO PENSION -- CONDITIONS

410.10

PENSIONS -- SURVIVING SPOUSE -- CHILDREN -- DEPENDENTS

411.1

DEFINITIONS

411.6

BENEFITS

411.6A

OPTIONAL RETIREMENT BENEFITS

411.6B

ROLLOVERS OF MEMBERS' ACCOUNTS

411.39

BENEFITS FOR EMPLOYEES OF THE BOARD OF TRUSTEES FOR THE STATEWIDE SYSTEM

419.1

DEFINITIONS

422.5

TAX IMPOSED -- EXCLUSIONS -- ALTERNATIVE MINIMUM TAX

422.7

"NET INCOME" -- HOW COMPUTED

422.9

DEDUCTIONS FROM NET INCOME

422.11S

SCHOOL TUITION ORGANIZATION TAX CREDIT

422.12B

EARNED INCOME TAX CREDIT

422.12C

CHILD AND DEPENDENT CARE OR EARLY CHILDHOOD DEVELOPMENT TAX CREDITS

422.21

FORM AND TIME OF RETURN

423.6

EXEMPTIONS

425.2

QUALIFYING FOR CREDIT

425.11

DEFINITIONS

425.15

DISABLED VETERAN TAX CREDIT

425.17

DEFINITIONS

425.18

RIGHT TO FILE A CLAIM

425.21

SATISFACTION OF OUTSTANDING TAX LIABILITIES

425A.2

DEFINITIONS

98

Marriage in Iowa Law (DRAFT) 425A.4

CLAIM FOR CREDIT

426A.12

EXEMPTIONS TO RELATIVES

426A.13

CLAIM FOR MILITARY TAX EXEMPTION -- DISCHARGE RECORDED

427.11

GRANTEE OR DEVISEE TO PAY TAX

428A.2

EXCEPTIONS

435.22

ANNUAL TAX -- CREDIT

450.3

PROPERTY INCLUDED

450.7

LIEN OF TAX

450.9

INDIVIDUAL EXEMPTIONS

450.10

RATE OF TAX

450.12

LIABILITIES DEDUCTIBLE

450.22

ADMINISTRATION AVOIDED -- INHERITANCE TAX DUTIES REQUIRED -- PENALTY

450.53

DUTY TO PAY TAX -- PENALTIES

455H.103

DEFINITIONS

459.102

DEFINITIONS

459.317

HABITUAL VIOLATORS -- PENDING ACTIONS -- RESTRICTIONS ON CONSTRUCTION

459A.103

SPECIAL TERMS

483A.24

WHEN LICENSE NOT REQUIRED -- SPECIAL LICENSES

490.1110

BUSINESS COMBINATIONS WITH INTERESTED SHAREHOLDERS

501A.713

DIRECTOR CONFLICTS OF INTEREST

502.321A

SPECIAL DEFINITIONS

508.37

STANDARD NONFORFEITURES -- LIFE INSURANCE

509.1

FORM OF POLICY

509.14

GROUP INSURANCE ON FRANCHISE PLAN

509A.13A

CONTINUATION OF GROUP INSURANCE COVERING SPOUSES

509B.2

PERSONS INCLUDED IN THIS CHAPTER

509B.3

CONTINUATION OF BENEFITS

513B.2

DEFINITIONS

514.4

DIRECTORS

514.23

MUTUALIZATION PLAN

514C.9

MEDICAL SUPPORT -- INSURANCE REQUIREMENTS

515G.13

PROHIBITIONS ON CERTAIN OFFERS TO ACQUIRE SHARES

516D.3

DEFINITIONS

522B.10

TEMPORARY LICENSING

523A.102

DEFINITIONS

523H.5

TRANSFER OF FRANCHISE

523I.102

DEFINITIONS

523I.309

INTERMENT, RELOCATION, OR DISINTERMENT OF REMAINS

524.612

DIRECTOR DEALING WITH STATE BANK

524.1106

FEES PAID TO AN AFFILIATE -- APPROVAL BY SUPERINTENDENT

99

Marriage in Iowa Law (DRAFT) 537.1301

GENERAL DEFINITIONS

537.3208

NOTICE TO COSIGNERS AND SIMILAR PARTIES

537.7103

PROHIBITED PRACTICES

537A.10

FRANCHISE AGREEMENTS

543B.7

ACTS EXCLUDED FROM PROVISIONS

543B.34

INVESTIGATIONS BY COMMISSION -- LICENSING SANCTIONS -- CIVIL PENALTY

554.9102

DEFINITIONS AND INDEX OF DEFINITIONS

557.4

AFTER-ACQUIRED INTEREST -- EXCEPTION

558.14

GRANTOR DESCRIBED AS "SPOUSE" OR "HEIR" -- PRESUMPTION

558.35

MARRIED PERSONS

558.66

TITLE DECREE -- ENTRY ON TRANSFER BOOKS

558A.1

DEFINITIONS

558A.2

PROCEDURES

561.1

"HOMESTEAD" DEFINED

561.7

CHANGES -- NONCONSENTING SPOUSE

561.11

OCCUPANCY BY SURVIVING SPOUSE

561.13

CONVEYANCE OR ENCUMBRANCE

561.14

DEVISE

561.15

REMOVAL OF SPOUSE OR CHILDREN

561.18

DESCENT

561.19

EXEMPTION IN HANDS OF ISSUE

565B.1

DEFINITIONS

572.1

DEFINITIONS AND RULES OF CONSTRUCTION

572.14

LIABILITY TO SUBCONTRACTOR AFTER PAYMENT TO ORIGINAL CONTRACTOR

589.17

CONVEYANCES BY SPOUSE UNDER POWER

595.3A

APPLICATION FORM AND LICENSE -- ABUSE PREVENTION LANGUAGE

595.16

SPOUSE RESPONSIBLE FOR RETURN

596.5

CONTENT

596.7

REVOCATION

596.8

ENFORCEMENT

597.5

ATTORNEY IN FACT

597.6

MENTAL ILLNESS -- CONVEYANCE OF PROPERTY

597.14

FAMILY EXPENSES

597.15

CUSTODY OF CHILDREN

598.17

DISSOLUTION OF MARRIAGE -- EVIDENCE

598.20A

BENEFICIARY REVOCATION -- LIFE INSURANCE

598.20B

BENEFICIARY REVOCATION -- OTHER CONTRACTS

598.29

ANNULLING ILLEGAL MARRIAGE -- CAUSES

599.5

VETERANS MINORITY DISABILITIES

600.3

COMMENCEMENT OF ADOPTION ACTION -- JURISDICTION -- FORUM NON CONVENIENS

100

Marriage in Iowa Law (DRAFT) 600.4

QUALIFICATIONS TO FILE ADOPTION PETITION

600.7

CONSENTS TO THE ADOPTION

600.11

NOTICE OF ADOPTION HEARING

600.13

ADOPTION DECREES

600A.2

DEFINITIONS

600A.6

NOTICE OF TERMINATION HEARING

602.1606

JUDICIAL OFFICER DISQUALIFIED

602.6502

PROHIBITIONS TO APPOINTMENT

602.9105

ROLLOVERS OF JUDGES' ACCOUNTS

602.9115

ANNUITY FOR SURVIVOR OF ANNUITANT

602.9204

SALARY -- ANNUITY OF SENIOR JUDGE AND RETIRED SENIOR JUDGE

613.15

INJURY OR DEATH OF SPOUSE -- MEASURE OF RECOVERY

614.15

SPOUSE FAILING TO JOIN IN CONVEYANCE

614.20

LIMITATION ON ACT

627.4

ABSCONDING DEBTOR

627.6

GENERAL EXEMPTIONS

627.11

EXCEPTION UNDER DECREE FOR SPOUSAL SUPPORT

633.3

DEFINITIONS AND USE OF TERMS

633.27

PROBATE DOCKET

633.201

COURT OFFICERS AS FIDUCIARIES

633.211

SHARE OF SURVIVING SPOUSE IF DECEDENT LEFT NO ISSUE OR LEFT ISSUE ALL OF WHOM ARE ISSUE OF SURVIVING SPOUSE

633.212

SHARE OF SURVIVING SPOUSE IF DECEDENT LEFT ISSUE SOME OF WHOM ARE NOT ISSUE OF SURVIVING SPOUSE

633.213

APPRAISAL

633.218

RIGHT OF SPOUSE TO SELECT PROPERTY

633.219

SHARE OF OTHERS THAN SURVIVING SPOUSE

633.223

EFFECT OF ADOPTION

633.227

ADMINISTRATION GRANTED

633.228

TIME ALLOWED

633.229

PETITION FOR ADMINISTRATION OF AN INTESTATE ESTATE

633.231

NOTICE IN INTESTATE ESTATES -- MEDICAL ASSISTANCE CLAIMS

633.236

RIGHT OF ELECTIVE SHARE OF SURVIVING SPOUSE

633.237

PRESUMPTION AGAINST FILING ELECTIVE SHARE

633.238

ELECTIVE SHARE OF SURVIVING SPOUSE

633.239

SHARE TO EMBRACE HOMESTEAD

633.240

ELECTION TO RECEIVE HOMESTEAD

633.241

TIME FOR ELECTION TO RECEIVE LIFE ESTATE IN HOMESTEAD

633.242

RIGHTS OF ELECTION PERSONAL TO SURVIVING SPOUSE

633.244

INCOMPETENT SPOUSE -- ELECTION BY COURT

633.245

RECORD OF ELECTION

633.246

ELECTION NOT SUBJECT TO CHANGE

101

Marriage in Iowa Law (DRAFT) 633.246A

MEDICAL ASSISTANCE ELIGIBILITY

633.247

SETTING OFF ELECTIVE SHARE OF SURVIVING SPOUSE

633.252

CONFIRMATION CONCLUSIVE -- POSSESSION

633.253

RIGHT CONTESTED

633.254

SALE -- DIVISION OF PROCEEDS

633.255

PURCHASE OF NEW HOMESTEAD

633.256

SECURITY TO AVOID SALE

633.257

SECURITY BY SURVIVING SPOUSE

633.264

DISPOSAL OF PROPERTY BY WILL

633.268

PRESUMPTION ATTENDING DEVISE TO SPOUSE

633.271

EFFECT OF DIVORCE OR DISSOLUTION

633.272

PARTIAL INTESTACY

633.274

EXCEPTION TO ANTILAPSE STATUTE

633.304

NOTICE OF PROBATE OF WILL WITH ADMINISTRATION

633.304A

NOTICE OF PROBATE OF WILL -- MEDICAL ASSISTANCE CLAIMS

633.305

NOTICE IF NO ADMINISTRATION

633.332

EXEMPT PERSONAL PROPERTY

633.336

DAMAGES FOR WRONGFUL DEATH

633.351

POSSESSION OF REAL AND PERSONAL PROPERTY

633.361

REPORT AND INVENTORY

633.374

ALLOWANCE TO SURVIVING SPOUSE

633.375

REVIEW OF ALLOWANCE TO SURVIVING SPOUSE

633.376

ALLOWANCE TO CHILDREN WHO DO NOT RESIDE WITH SURVIVING SPOUSE

633.377

REVIEW OF ALLOWANCE TO MINOR CHILDREN

633.386

SALE, MORTGAGE, PLEDGE, LEASE OR EXCHANGE OF PROPERTY -- PURPOSES

633.433

PAYMENT OF DEBTS AND CHARGES BEFORE EXPIRATION OF FOUR MONTHS' PERIOD

633.436

GENERAL ORDER FOR ABATEMENT

633.477

FINAL REPORT

633.516

RIGHTS OF ABSENTEE BARRED -- SALE BY SPOUSE

633.554

NOTICE TO PROPOSED WARD

633.568

NOTICE TO PROPOSED WARD

633.582

NOTICE ON COUNTY ATTORNEY

633.647

POWERS OF CONSERVATOR SUBJECT TO THE APPROVAL OF THE COURT

633A.3107

EFFECT OF DIVORCE OR DISSOLUTION

633A.3109

NOTICE TO CREDITORS, CLAIMANTS, HEIRS, SPOUSE, AND BENEFICIARIES

633A.3112

DEFINITIONS -- REVOCABLE TRUSTS

633A.4202

DUTY OF LOYALTY -- IMPARTIALITY -- CONFIDENTIAL RELATIONSHIP

633A.4214

DUTIES WITH REGARD TO DISCRETIONARY POWERS

633A.4703

GENERAL ORDER FOR ABATEMENT

633D.2

DEFINITIONS

102

Marriage in Iowa Law (DRAFT) 633D.8

CLAIMS AGAINST A BENEFICIARY OF A TRANSFER ON DEATH SECURITY REGISTRATION

634A.1

DEFINITIONS

634A.2

SUPPLEMENTAL NEEDS TRUST -- REQUIREMENTS

635.2

PETITION REQUIREMENTS

637.425

PROPERTY NOT PRODUCTIVE OF INCOME

637.609

UNITRUST AMOUNT

670.6

DEATH -- CLAIM PRESENTED BY ANOTHER

674.5

CONTENTS OF DECREE

674.6

NOTICE -- CONSENT

682.2

DEFINITIONS

684.1

DEFINITIONS

708.11

STALKING

709.4

SEXUAL ABUSE IN THE THIRD DEGREE

709.9

INDECENT EXPOSURE

709.12

INDECENT CONTACT WITH A CHILD

714.23

REFUND POLICIES

722.11

STUDENT ATHLETE PROHIBITIONS

724.22

PERSONS UNDER TWENTY-ONE -- SALE, LOAN, GIFT, MAKING AVAILABLE -- POSSESSION

726.1

BIGAMY

728.10

AFFIRMATIVE DEFENSE

904.508

PROPERTY OF INMATE -- INMATE SAVINGS FUND

915.40

DEFINITIONS

915.43

TESTING, REPORTING, AND COUNSELING -- PENALTIES

915.80

DEFINITIONS

915.86

COMPUTATION OF COMPENSATION

spouses 9H.1

DEFINITIONS

20.25

INTERNAL CONDUCT OF EMPLOYEE ORGANIZATIONS

35A.13

VETERANS TRUST FUND

35B.14

COUNTY APPROPRIATION

35D.1

PURPOSE OF HOME -- FOR WHOM MAINTAINED

53.37

DEFINITIONS

85.1

INAPPLICABILITY OF CHAPTER

135C.31A

ASSESSMENT OF RESIDENTS -- PROGRAM ELIGIBILITY

175.12

BEGINNING FARMER PROGRAM

235B.2

DEFINITIONS

236.2

DEFINITIONS

252A.1

TITLE AND PURPOSE

252K.316

SPECIAL RULES OF EVIDENCE AND PROCEDURE

261.5

RESPONSE TO NATIONAL EMERGENCY -- WAIVER AUTHORITY

103

Marriage in Iowa Law (DRAFT) 354.11

ATTACHMENTS TO SUBDIVISION PLATS

410.10

PENSIONS -- SURVIVING SPOUSE -- CHILDREN -- DEPENDENTS

411.1A

PURPOSE OF CHAPTER

411.39

BENEFITS FOR EMPLOYEES OF THE BOARD OF TRUSTEES FOR THE STATEWIDE SYSTEM

422.5

TAX IMPOSED -- EXCLUSIONS -- ALTERNATIVE MINIMUM TAX

422.7

"NET INCOME" -- HOW COMPUTED

422.11S

SCHOOL TUITION ORGANIZATION TAX CREDIT

422.12C

CHILD AND DEPENDENT CARE OR EARLY CHILDHOOD DEVELOPMENT TAX CREDITS

422.21

FORM AND TIME OF RETURN

425A.2

DEFINITIONS

428A.2

EXCEPTIONS

450.3

PROPERTY INCLUDED

501A.713

DIRECTOR CONFLICTS OF INTEREST

507A.4

TRANSACTIONS WHERE LAW NOT APPLICABLE

509.1

FORM OF POLICY

512B.36

EXEMPTION OF CERTAIN SOCIETIES

513C.11

SELF-FUNDED EMPLOYER-SPONSORED HEALTH BENEFIT PLAN PARTICIPATION IN REINSURANCE ASSOCIATION

515G.13

PROHIBITIONS ON CERTAIN OFFERS TO ACQUIRE SHARES

516D.7

PROHIBITIONS

558A.1

DEFINITIONS

596.1

DEFINITIONS

596.7

REVOCATION

598.17

DISSOLUTION OF MARRIAGE -- EVIDENCE

598B.310

HEARING AND ORDER

633.219

SHARE OF OTHERS THAN SURVIVING SPOUSE

702.11

FORCIBLE FELONY

spouse's 144.34

DISINTERMENT -- PERMIT

249A.5

RECOVERY OF PAYMENT

249B.2

CREATION OF SPOUSAL SUPPORT DEBT

249B.3

NOTICE OF SPOUSAL SUPPORT DEBT -- FAILURE TO RESPOND -- HEARING -- ORDER

321.34

PLATES OR VALIDATION STICKER FURNISHED -- RETAINED BY OWNER -- SPECIAL PLATES

422.5

TAX IMPOSED -- EXCLUSIONS -- ALTERNATIVE MINIMUM TAX

422.7

"NET INCOME" -- HOW COMPUTED

422.11S

SCHOOL TUITION ORGANIZATION TAX CREDIT

422.12B

EARNED INCOME TAX CREDIT

422.12C

CHILD AND DEPENDENT CARE OR EARLY CHILDHOOD DEVELOPMENT TAX CREDITS

508.37

STANDARD NONFORFEITURES -- LIFE INSURANCE

509B.3

CONTINUATION OF BENEFITS

561.7

CHANGES -- NONCONSENTING SPOUSE

104

Marriage in Iowa Law (DRAFT) 561.13

CONVEYANCE OR ENCUMBRANCE

597.5

ATTORNEY IN FACT

597.6

MENTAL ILLNESS -- CONVEYANCE OF PROPERTY

598.17

DISSOLUTION OF MARRIAGE -- EVIDENCE

600.4

QUALIFICATIONS TO FILE ADOPTION PETITION

633.231

NOTICE IN INTESTATE ESTATES -- MEDICAL ASSISTANCE CLAIMS

633.237

PRESUMPTION AGAINST FILING ELECTIVE SHARE

633.240

ELECTION TO RECEIVE HOMESTEAD

633.242

RIGHTS OF ELECTION PERSONAL TO SURVIVING SPOUSE

633.255

PURCHASE OF NEW HOMESTEAD

633.304A

NOTICE OF PROBATE OF WILL -- MEDICAL ASSISTANCE CLAIMS

714.23

REFUND POLICIES

unmarried 135.37

TATTOOING -- PERMIT REQUIREMENT -- PENALTY

157.1

DEFINITIONS

232.2

DEFINITIONS

232B.3

DEFINITIONS

239B.1

DEFINITIONS

252A.3

LIABILITY FOR SUPPORT

252A.3A

ESTABLISHING PATERNITY BY AFFIDAVIT

321.184

APPLICATIONS OF UNMARRIED MINORS

425.15

DISABLED VETERAN TAX CREDIT

426A.12

EXEMPTIONS TO RELATIVES

514E.7

POLICIES -- ELIGIBLE PERSONS -- DEPENDENT COVERAGE -- PREEXISTING CONDITIONS

565B.13

POWERS OF CUSTODIAN

597.3

REMEDY BY ONE AGAINST THE OTHER

597.16

WAGES OF MARRIED PERSON -- ACTIONS BY

597.18

CONTRACTS OF MARRIED PERSON

600.4

QUALIFICATIONS TO FILE ADOPTION PETITION

600A.2

DEFINITIONS

707.8A

PARTIAL-BIRTH ABORTION PROHIBITED -- EXCEPTIONS -- PENALTIES

unremarried 35A.8

EXECUTIVE DIRECTOR -- TERM -- DUTIES -- VETERANS' BONUSES

232B.3

DEFINITIONS

unwed

wedding 68B.22

GIFTS ACCEPTED OR RECEIVED

423.3

EXEMPTIONS

627.6

GENERAL EXEMPTIONS

105

Marriage in Iowa Law (DRAFT)

wedlock 252A.3

LIABILITY FOR SUPPORT

252A.3A

ESTABLISHING PATERNITY BY AFFIDAVIT

252E.7

INSURER AUTHORIZATION

514C.9

MEDICAL SUPPORT -- INSURANCE REQUIREMENTS

600B.1

OBLIGATION OF PARENTS

600B.29

DESERTION STATUTE APPLICABLE

600B.35

REFERENCE TO ILLEGITIMACY PROHIBITED

600B.40

CUSTODY AND VISITATION

633.219

SHARE OF OTHERS THAN SURVIVING SPOUSE

35A.8

EXECUTIVE DIRECTOR -- TERM -- DUTIES -- VETERANS' BONUSES

97.50

REPEAL OF PRIOR LAW -- RIGHTS PRESERVED

249A.3

ELIGIBILITY

600B.6

LIABILITY OF THE FATHER'S ESTATE

widow

widower 35A.8

EXECUTIVE DIRECTOR -- TERM -- DUTIES -- VETERANS' BONUSES

249A.3

ELIGIBILITY

42.1

DEFINITIONS

68A.601

CHECKOFF -- INCOME TAX

97.50

REPEAL OF PRIOR LAW -- RIGHTS PRESERVED

97.51

SPECIAL FUND CREATED -- REFUNDS

230.26

AUDITOR TO KEEP RECORD

232.74

EVIDENCE NOT PRIVILEGED OR EXCLUDED

232.96

ADJUDICATORY HEARING

252A.3

LIABILITY FOR SUPPORT

252K.316

SPECIAL RULES OF EVIDENCE AND PROCEDURE

422.5

TAX IMPOSED -- EXCLUSIONS -- ALTERNATIVE MINIMUM TAX

422.7

"NET INCOME" -- HOW COMPUTED

422.9

DEDUCTIONS FROM NET INCOME

422.12

DEDUCTIONS FROM COMPUTED TAX

422.13

RETURN BY INDIVIDUAL

422.27

FINAL REPORT OF FIDUCIARY -- CONDITIONS

428A.2

EXCEPTIONS

450.22

ADMINISTRATION AVOIDED -- INHERITANCE TAX DUTIES REQUIRED -- PENALTY

514A.2

FORM OF POLICY

537.3304

USE OF MULTIPLE AGREEMENTS

537.7103

PROHIBITED PRACTICES

wife

106

Marriage in Iowa Law (DRAFT) 539.4

ASSIGNMENT OF WAGES

557.12

CONVEYANCES BY HUSBAND AND WIFE

557.13

COVENANTS -- SPOUSE NOT BOUND

557B.8

DISCLOSURES TO PURCHASERS

561.4

SELECTING -- PLATTING

561.13

CONVEYANCE OR ENCUMBRANCE

589.17

CONVEYANCES BY SPOUSE UNDER POWER

595.19

VOID MARRIAGES

597.2

INTEREST OF SPOUSE IN OTHER'S PROPERTY

597.3

REMEDY BY ONE AGAINST THE OTHER

597.4

CONVEYANCES TO EACH OTHER

597.5

ATTORNEY IN FACT

597.6

MENTAL ILLNESS -- CONVEYANCE OF PROPERTY

597.8

DECREE

597.10

ABANDONMENT OF EITHER -- PROCEEDINGS

597.11

CONTRACTS AND SALES BINDING

597.13

ANNULMENT OF DECREE

597.14

FAMILY EXPENSES

597.17

LIABILITY FOR SEPARATE DEBTS

598.29

ANNULLING ILLEGAL MARRIAGE -- CAUSES

598.31

CHILDREN -- LEGITIMACY

598B.310

HEARING AND ORDER

600.4

QUALIFICATIONS TO FILE ADOPTION PETITION

600A.6

NOTICE OF TERMINATION HEARING

622.8

WITNESS FOR EACH OTHER

622.9

COMMUNICATIONS BETWEEN HUSBAND AND WIFE

633.3

DEFINITIONS AND USE OF TERMS

633.334

SURVIVING SPOUSE INCLUDED AS "HEIR"

703.3

ACCESSORY AFTER THE FACT

709.4

SEXUAL ABUSE IN THE THIRD DEGREE

726.1

BIGAMY

726.4

HUSBAND OR WIFE MAY BE WITNESS

561.13

CONVEYANCE OR ENCUMBRANCE

597.5

ATTORNEY IN FACT

597.6

MENTAL ILLNESS -- CONVEYANCE OF PROPERTY

216A.55

OBJECTIVES OF COMMISSION

wife's

wives

107