Decree Modification - CDDM001809

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  • In the Iowa District Court in and for SAC County

    Case No: 02811 CDDM001809 Title: NATHANIEL JAMES PETERS VS JESSICAMAE PETERS

    NOTICE REGARDING ELECTRONIC FILING

    This case has been converted to an electronic case by Order of the Court.

    New rules apply to electronically filed cases.Because your case has been converted to an electronic case, it is now governed by Chapter 16 Rules Pertainingto the Use of the Electronic Document Management System. What is required of you? You must register to use the Electronic Document Management System (EDMS). If you haven't already registered, please log on to the Iowa Judicial Branch eFiling website at https://www.iowacourts.state.ia.us/EFile to register. You are required to have a current e-mail account for use with EDMS. Registration requires you to understandand agree to comply with the rules that govern electronic filing, contained the Chapter 16 Rules Pertaining tothe use of the Electronic Document Management System, available on the Iowa Judicial Branch eFiling website. Your registration constitutes your request for, and consent to, electronic service of court-generated documentsand documents filed electronically by other parties. When you have completed your registration, you can beginfiling and viewing documents on your case and receiving notifications of filings, and events. EXCEPTIONS: For good cause, the court may authorize you to submit a document in paper. Upon showing ofexceptional circumstances, the chief judge of the district in which a case is pending may grant you an exemptionfrom registering and filing electronically. You must protect private information when using EDMS.Division VI of Chapter 16 Rules Pertaining to the Use of the Electronic Document Management Systemspecifies personal information that is now considered protected by the court, as well as what you must do tokeep protected personal information out of the public documents you eFile. Training and technical support are available for EDMS.Technical support for the Iowa Judicial Branch eFiling website is available at 1-877-369-8324. If you havequestions about court procedures related to electronic filing, contact your county clerk of court office.

    E-FILED 2014 JAN 30 9:00 AM SAC - CLERK OF DISTRICT COURT

    https://www.iowacourts.state.ia.us/EFile
  • We look forward to your comments and suggestionsas we implement electronic filings in the Iowa Courts

    In The Iowa District Court for the Second Judicial District

    In re the conversion of paper files to electric documents

    Administrative Order

    Iowa Court Rule 16.102 authorizes a chief judge to order the conversion of paper court files to anelectronic file of any case not subject to the Rules Pertaining to the Use of the Electronic DocumentManagement System (EDMS). It is in the best interest of all for the Court to have access via EDMS to pendingfiles that exist at the time a county clerk of court office implements EDMS. Accordingly: It is so Ordered that: 1. Each Clerk of Court may take action to convert paper case files that are pending and will likely appear on a future court schedule as soon as implementation of EDMS begins in their respective counties. 2. The Clerk shall work with the local Court to identify specific documents that are to be scanned in each case type. Upon implementation of electronic filing in the County, the security level of these electronic records shall be as identified by the EDMS Business Advisory Committee. 3. The Clerk shall send the Notice Regarding Electronic Filing to the attorneys and parties appearing pro se. 4. Once notified, counsel of record or parties appearing pro se shall apply the rules pertaining to protection of personal privacy (Iowa Ct.R.16.602 through 16.607) to all future filings in that case. 5. After being notified of commencement of the electronic filing in that County, attorneys, parties appearing pro se and all other shall file all future filings on that case electronically. It is so Ordered: Dated 3rd day of November, 2010

    /s/ Kurt L. Wilke Kurt L. Wilke, Chief Judge of the Second Judicial District of Iowa

    E-FILED 2014 JAN 30 9:00 AM SAC - CLERK OF DISTRICT COURT

  • In the Iowa District Court in and for SAC County

    Case No: 02811 CDDM001809 Title: NATHANIEL JAMES PETERS VS JESSICAMAE PETERS

    NOTICE REGARDING ELECTRONIC FILING

    This case has been converted to an electronic case by Order of the Court.

    New rules apply to electronically filed cases.Because your case has been converted to an electronic case, it is now governed by Chapter 16 Rules Pertainingto the Use of the Electronic Document Management System. What is required of you? You must register to use the Electronic Document Management System (EDMS). If you haven't already registered, please log on to the Iowa Judicial Branch eFiling website at https://www.iowacourts.state.ia.us/EFile to register. You are required to have a current e-mail account for use with EDMS. Registration requires you to understandand agree to comply with the rules that govern electronic filing, contained the Chapter 16 Rules Pertaining tothe use of the Electronic Document Management System, available on the Iowa Judicial Branch eFiling website. Your registration constitutes your request for, and consent to, electronic service of court-generated documentsand documents filed electronically by other parties. When you have completed your registration, you can beginfiling and viewing documents on your case and receiving notifications of filings, and events. EXCEPTIONS: For good cause, the court may authorize you to submit a document in paper. Upon showing ofexceptional circumstances, the chief judge of the district in which a case is pending may grant you an exemptionfrom registering and filing electronically. You must protect private information when using EDMS.Division VI of Chapter 16 Rules Pertaining to the Use of the Electronic Document Management Systemspecifies personal information that is now considered protected by the court, as well as what you must do tokeep protected personal information out of the public documents you eFile. Training and technical support are available for EDMS.Technical support for the Iowa Judicial Branch eFiling website is available at 1-877-369-8324. If you havequestions about court procedures related to electronic filing, contact your county clerk of court office.

    E-FILED 2014 JAN 30 9:00 AM SAC - CLERK OF DISTRICT COURT

    https://www.iowacourts.state.ia.us/EFile
  • We look forward to your comments and suggestionsas we implement electronic filings in the Iowa Courts

    In The Iowa District Court for the Second Judicial District

    In re the conversion of paper files to electric documents

    Administrative Order

    Iowa Court Rule 16.102 authorizes a chief judge to order the conversion of paper court files to anelectronic file of any case not subject to the Rules Pertaining to the Use of the Electronic DocumentManagement System (EDMS). It is in the best interest of all for the Court to have access via EDMS to pendingfiles that exist at the time a county clerk of court office implements EDMS. Accordingly: It is so Ordered that: 1. Each Clerk of Court may take action to convert paper case files that are pending and will likely appear on a future court schedule as soon as implementation of EDMS begins in their respective counties. 2. The Clerk shall work with the local Court to identify specific documents that are to be scanned in each case type. Upon implementation of electronic filing in the County, the security level of these electronic records shall be as identified by the EDMS Business Advisory Committee. 3. The Clerk shall send the Notice Regarding Electronic Filing to the attorneys and parties appearing pro se. 4. Once notified, counsel of record or parties appearing pro se shall apply the rules pertaining to protection of personal privacy (Iowa Ct.R.16.602 through 16.607) to all future filings in that case. 5. After being notified of commencement of the electronic filing in that County, attorneys, parties appearing pro se and all other shall file all future filings on that case electronically. It is so Ordered: Dated 3rd day of November, 2010

    /s/ Kurt L. Wilke Kurt L. Wilke, Chief Judge of the Second Judicial District of Iowa

    E-FILED 2014 JAN 30 9:00 AM SAC - CLERK OF DISTRICT COURT

  • E-FILED 2014 JAN 30 9:20 AM SAC - CLERK OF DISTRICT COURT

  • E-FILED 2014 JAN 30 9:20 AM SAC - CLERK OF DISTRICT COURT

  • E-FILED 2014 JAN 30 9:20 AM SAC - CLERK OF DISTRICT COURT

  • E-FILED 2014 JAN 30 9:20 AM SAC - CLERK OF DISTRICT COURT

  • E-FILED 2014 JAN 30 9:20 AM SAC - CLERK OF DISTRICT COURT

  • E-FILED 2014 FEB 05 9:45 AM SAC - CLERK OF DISTRICT COURT

  • E-FILED 2014 FEB 05 9:45 AM SAC - CLERK OF DISTRICT COURT

  • E-FILED 2014 FEB 05 9:45 AM SAC - CLERK OF DISTRICT COURT

  • IN THE IOWA DISTRICT COURT FOR SAC COUNTY

    In re the Marriage of NATHANIEL JAMES PETERS and JESSICA MAE PETERS

    Upon the Petition of

    NATHANIEL JAMES PETERS,

    Petitioner,

    And Concerning

    JESSICA MAE PETERS,

    Respondent.

    No. CDDM001809

    ORDER TO SHOW CAUSE

    This matter comes before the Court upon the Petitioners Application for Rule to Show

    Cause. The Court enters the following order:

    IT IS THEREFORE ORDERED that a Hearing is scheduled on the 10th day of March,

    2014 at 10 a.m. at the Sac County Courthouse, Sac City, Iowa, where the Respondent shall

    appear and show cause, if any, as to why she should not be held in contempt of court as alleged

    in the Application for Rule to Show Cause.

    IT IS FURTHER ORDERED that the Petitioner shall serve a copy of the application

    and this order upon the Respondent at least 10 days prior to the date of the hearing.

    The Respondent is hereby notified that, if she is found in contempt, punishment may

    include confinement in the county jail. Accordingly, the Respondent has a right to be

    represented by counsel. If the Court finds that the Respondent is indigent, she may receive the

    assistance of court-appointed counsel. If the Respondent wishes to apply for court-appointed

    counsel, she must file an application for appointment of counsel not less than five days prior to

    the scheduled hearing.

    E-FILED 2014 FEB 10 9:30 AM SAC - CLERK OF DISTRICT COURT

  • State of Iowa Courts

    Type: ORDER TO SHOW CAUSE

    Case Number Case TitleCDDM001809 NATHANIEL JAMES PETERS VS JESSICA MAE PETERS

    So Ordered

    Electronically signed on 2014-02-10 09:30:20 page 2 of 2

    E-FILED 2014 FEB 10 9:30 AM SAC - CLERK OF DISTRICT COURT

  • IN THE IOWA DISTRICT COURT FOR SAC COUNTY

    In re the Marriage of NATHANIEL JAMES PETERS and JESSICA MAE PETERS

    Upon the Petition of

    NATHANIEL JAMES PETERS,

    Petitioner,

    And Concerning

    JESSICA MAE PETERS,

    Respondent.

    No. CDDM001809

    APPEARANCE

    Comes now Gina C. Badding for Neu, Minnich, Comito & Neu, P.C. and appears for

    Petitioner herein.

    /s/ Gina C. Badding

    Gina C. Badding AT0000499 for

    NEU, MINNICH, COMITO & NEU, P.C.

    721 N. Main Street

    P.O. Box 367

    Carroll, Iowa 51401

    (712) 792-3508

    FAX (712) 792-3563

    [email protected]

    ATTORNEYS FOR PETITIONER

    E-FILED 2014 FEB 10 9:45 AM SAC - CLERK OF DISTRICT COURT

  • IN THE IOWA DISTRICT COURT FOR SAC COUNTY

    In re the Marriage of NATHANIEL JAMES PETERS and JESSICA MAE PETERS

    Upon the Petition of

    NATHANIEL JAMES PETERS,

    Petitioner,

    And Concerning

    JESSICA MAE PETERS,

    Respondent.

    No. CDDM001809

    DISMISSAL WITHOUT PREJUDICE

    COMES NOW the Petitioner, Nathaniel James Peters, and does hereby dismiss without

    prejudice his Application to Show Cause Why Respondent is Not in Contempt of Court.

    /s/ Gina C. Badding

    Gina C. Badding AT0000499 for

    NEU, MINNICH, COMITO & NEU, P.C.

    721 N. Main Street

    P.O. Box 367

    Carroll, Iowa 51401

    (712) 792-3508

    FAX (712) 792-3563

    [email protected]

    ATTORNEYS FOR PETITIONER

    Original e-filed

    CC: Jessica Peters

    PROOF OF SERVICE

    The undersigned certifies that the foregoing instrument was served upon all parties to the above cause to each of the attorneys of

    record herein at their respective addresses disclosed on the

    pleadings on March 7, 2014.

    By: /s/ Gina C. Badding

    X U.S. Mail ___ FAX

    ___ Hand Delivered ___ UPS

    ___ Federal Express ___ Other X Email

    E-FILED 2014 MAR 07 9:49 AM SAC - CLERK OF DISTRICT COURT

  • E-FILED 2014 MAR 13 8:36 AM SAC - CLERK OF DISTRICT COURT

  • E-FILED 2014 APR 03 3:47 PM SAC - CLERK OF DISTRICT COURT

  • E-FILED 2014 APR 03 3:47 PM SAC - CLERK OF DISTRICT COURT

  • E-FILED 2014 APR 11 9:04 AM SAC - CLERK OF DISTRICT COURT

  • E-FILED 2014 APR 11 9:04 AM SAC - CLERK OF DISTRICT COURT

  • E-FILED 2014 APR 11 9:04 AM SAC - CLERK OF DISTRICT COURT

  • E-FILED 2014 APR 11 9:04 AM SAC - CLERK OF DISTRICT COURT

  • IN THE IOWA DISTRICT COURT FOR SAC COUNTY

    In re the Marriage of NATHANIEL JAMES PETERS and JESSICA MAE PETERS

    Upon the Petition of

    NATHANIEL JAMES PETERS,

    Petitioner,

    And Concerning

    JESSICA MAE PETERS,

    Respondent.

    No. CDDM001809

    DECREE OF MODIFICATION

    This file comes before the Court upon the jointly executed Modification Stipulation filed

    by the parties herein. After reviewing the Stipulation and file and being fully advised in the

    premises, the Court FINDS the Stipulation should be approved.

    IT IS THEREFORE ORDERED that the original decree dissolving the parties

    marriage shall be modified as set forth in the Modification Stipulation, which is hereby approved

    and incorporated herein. The costs of this action shall be divided equally between the parties.

    E-FILED 2014 APR 11 1:46 PM SAC - CLERK OF DISTRICT COURT

  • State of Iowa Courts

    Type: MODIFIED DECREE

    Case Number Case TitleCDDM001809 NATHANIEL JAMES PETERS VS JESSICA MAE PETERS

    So Ordered

    Electronically signed on 2014-04-11 13:46:29 page 2 of 2

    E-FILED 2014 APR 11 1:46 PM SAC - CLERK OF DISTRICT COURT

  • INCOME WITHHOLDING FOR SUPPORT State of Iowa, County of Sac _______ Original Order/Notice Date of Notice _______ Amended Order/Notice Court/Case Number CDDM001809 X Order/Notice to Terminate

    Employer Name and Address: RE: Employee/Obligors Name (Last, First, Evapco Ml): 925 Quality Dr. Peters, Nathaniel James Lake View, IA 51450 Employee/Obligors SSN: ***-**-6572 Employee/Obligors Case Number: Employer/Withholders Federal EIN Custodial Parents Name (Last, First, Ml): Peters, Jessica Mae ChiId(ren)s Name(s): DOB: Child(ren)s Name(s): DOB: E.P., born in 2005 L.P., born in 2007

    NOTICE INFORMATION: This is a Notice to Withhold Income for Child Support based upon an order for support from Iowa. By law, you are required to deduct these amounts from the above-named employees/obligors income until further notice even if this Notice is not issued by your state. _____ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employees/obligors employment.

    $__ per___ in current support $__ per___ in past-due support $__ per___ in medical support $__ per___ in other (specify) $__ per___ in other (specify) _____________________________________________________________ $__ per___ in other (specify) _____________________________________________________________ for a total of $__________ to be forwarded to the payee below.

    You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following calculations to determine how much to withhold:

    $ _________ per weekly pay period. $ _________ per biweekly pay period (every two weeks). $ _________ per semimonthly pay period (twice a month). $ _________ per monthly pay period.

    E-FILED 2014 APR 15 3:42 PM SAC - CLERK OF DISTRICT COURT

  • REMITTANCE INFORMATION: If the employee/obligors principal place of employment is Iowa (State/Tribe), you must begin withholding no later than the first pay period that occurs 10 days after the date of receipt of this Order/Notice. Send payment within 7 working days of the pay date. If you cannot withhold the full amount of support for any or all orders for this employee/obligor, withhold up to 50% of disposable income for all orders. If the employee/obligors principal place of employment is not Iowa (State/Tribe), obtain withholding limitations, time requirements, and any allowable employer fees at www.acf.hhs.gov/programs/cse/newhire/employer/contacts/contact_map.htm for the employee/obligors principal place of employment. Document Tracking Identifier _________________________________ For electronic payment requirements and centralized payment collection and disbursement facility information (State Disbursement Unit [SDU]), see http://www.acf.hhs.gov/programs/cse/newhire/employer/contacts/contact_map.htm. Include the Remittance Identifier with the payment and if necessary this FIPS code: _______________. Remit payment to Collection Services Center at P.O. Box 9125, Des Moines, IA 50306-9125; Case Identifier: CDDM001809. The employer/income withholder must provide a copy of this form to the employee/obligor.

    ADDITIONAL INFORMATION FOR EMPLOYERS/INCOME WITHHOLDERS

    State-specific contact and withholding information can be found on the Federal Employer Services website located at:

    http://www.acf.hhs.gov/programs/cse/newhire/employer/contacts/contact_map.htm Priority: Withholding for support has priority over any other legal process under State law against the same income (USC 42 666(b)(7)). If a Federal tax levy is in effect, please notify the sender. Combining Payments: When remitting payments to an SDU or Tribal CSE agency, you may combine withheld amounts from more than one employee/obligors income in a single payment. You must, however, separately identify each employee/obligors portion of the payment. Payments To SDU: You must send child support payments payable by income withholding to the appropriate SDU or to a Tribal CSE agency. If this IWO instructs you to send a payment to an entity other than an SDU (e.g., payable to the custodial party, court, or attorney), you must check the box above and return this notice to the sender. Exception: If this IWO was sent by a Court, Attorney, or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was issued by a Tribal CSE agency, you must follow the Remit payment to instructions on this form.

    E-FILED 2014 APR 15 3:42 PM SAC - CLERK OF DISTRICT COURT

    http://www.acf.hhs.gov/programs/cse/newhire/employer/contacts/contact_map.htmhttp://www.acf.hhs.gov/programs/cse/newhire/employer/contacts/contact_map.htm
  • Reporting the Pay Date: You must report the pay date when sending the payment. The pay date is the date on which the amount was withheld from the employee/obligors wages. You must comply with the law of the State (or Tribal law if applicable) of the employee/obligors principal place of employment regarding time periods within which you must implement the withholding and forward the support payments. Multiple IWOs: If there is more than one IWO against this employee/obligor and you are unable to fully honor all IWOs due to Federal, State, or Tribal withholding limits, you must honor all IWOs to the greatest extent possible, giving priority to current support before payment of any past-due support. Follow the State or Tribal law/procedure of the employee/obligors principal place of employment to determine the appropriate allocation method. Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this employee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to report and/or withhold lump sum payments. Liability: If you have any doubts about the validity of this IWO, contact the sender. If you fail to withhold income from the employee/obligors income as the IWO directs, you are liable for both the accumulated amount you should have withheld and any penalties set by State or Tribal law/procedure. A withholding order/notice has the same force and effect as any other district court order, including, but not limited to, contempt of court proceedings for noncompliance. Additionally, a payor of income who, with actual knowledge and intent to avoid legal obligation, fails to withhold income or pay the amount withheld, commits a simple misdemeanor for a first offense and a serious misdemeanor for each subsequent offense, and is liable for the costs, interest and reasonable attorney fees related to the collection of the amount due from the payor of income. Anti-discrimination: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against an employee/obligor because of this IWO. Taking any of these actions means you have committed a simple misdemeanor. OMB Expiration Date 05/31/2014. The OMB Expiration Date has no bearing on the termination date of the IWO; it identifies the version of the form currently in use. Employers Name: Evapco Employer FEIN: _________________________ Employee/Obligors Name: Nathaniel James Peters CSE Agency Case Identifier: Peters v. Peters, CDDM001809 Order Identifier: Decree of Modification Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673(b)); or 2) the amounts allowed by the State or Tribe of the employee/obligors principal place of employment (see REMITTANCE INFORMATION). Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; statutory pension contributions; and Medicare taxes. The Federal limit is 50% of the disposable income

    E-FILED 2014 APR 15 3:42 PM SAC - CLERK OF DISTRICT COURT

  • if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family. However, those limits increase 5% - to 55% and 65% - if the arrears are greater than 12 weeks. If permitted by the State or Tribe, you may deduct a fee for administrative costs. The combined support amount and fee may not exceed the limit indicated in this section. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers/income withholders who receive a State IWO, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer/income withholder is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State or Tribal law, you may need to also consider the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. Arrears greater than 12 weeks? If the Order Information does not indicate that the arrears are greater than 12 weeks, then the Employer should calculate the CCPA limit using the lower percentage. Additional Information: For lump sum income, withhold the amount listed, or 50% of the payment the employee/obligor will receive, whichever is less. For Iowa withholding limitations, see REMITTANCE INFORMATION. IMPORTANT IOWA INFORMATION: You are entitled to deduct a fee of up to $2.00 to defray the cost of withholding. Contesting the Income Withholding (252D.31): The employee/obligor may move to quash an income withholding order or a notice of income withholding by filing a motion to quash with the clerk of court.

    Grounds for contesting a withholding order include the following: a. A mistake of fact, which for purposes of a motion to quash means an error in

    the amount withheld for payment, or the amount ordered to be withheld, or the identity of the obligor.

    b. For immediate income withholding only, good cause or a written agreement existed at the time of implementation of the withholding.

    The payor of income shall comply with Iowa Chapter 252K when receiving a notice of income withholding from another state. When you receive an income withholding order/notice from another state, see article five of Chapter 252K for specific instructions. NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for you or you are no longer withholding income for this employee/obligor, an employer must promptly notify the CSE agency and/or the sender by returning this form to the address listed in the Contact Information below:

    E-FILED 2014 APR 15 3:42 PM SAC - CLERK OF DISTRICT COURT

  • This person has never worked for this employer nor received periodic income. This person no longer works for this employer nor receives periodic income. Please provide the following information for the employee/obligor: Termination date: ____________________ Last known phone number: ____________________________ Last known address: ______________________________________________________________________ _______________________________________________________________________________________ Final payment date to SDU/ Tribal Payee: __________________ Final payment amount:_________________ New employers name: _____________________________________________________________________ New employers address: ___________________________________________________________________ ________________________________________________________________________________________ CONTACT INFORMATION: To Employer/Income Withholder: If you have any questions, contact Gina Badding by phone at 712-792-3508, by fax at712-792-3563 by email or website at: [email protected]. Send termination/income status notice and other correspondence to: 721 N. Main St., P.O. Box 367, Carroll, IA 51401. To Employee/Obligor: If the employee/obligor has questions, contact Gina Badding by phone at 712-792-3508, by fax at712-792-3563 by email or website at: [email protected]. IMPORTANT: The person completing this form is advised that the information may be shared with the employee/obligor.

    E-FILED 2014 APR 15 3:42 PM SAC - CLERK OF DISTRICT COURT

  • State of Iowa Courts

    Type: TERMINATION OF ORDER FOR INCOME WITHHOLDING

    Case Number Case TitleCDDM001809 NATHANIEL JAMES PETERS VS JESSICA MAE PETERS

    So Ordered

    Electronically signed on 2014-04-15 15:42:46 page 6 of 6

    E-FILED 2014 APR 15 3:42 PM SAC - CLERK OF DISTRICT COURT