Text: HF02052 Text: HF02054 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 252B.22 SUPPORT PAYMENTS &endash; 1 2 ACCOUNTING OF EXPENDITURES &endash; CONTEMPTS. 1 3 1. The individual named as the recipient of child support 1 4 payments on behalf of a child in accordance with a child 1 5 support order shall maintain a record of expenditures of the 1 6 support received and shall, annually, on or before January 1, 1 7 provide a written copy of the record of expenditures to the 1 8 obligor. 1 9 2. A person who willfully fails to comply with this 1 10 section may be cited and punished by the court for contempt 1 11 and be committed to the county jail for a period of time not 1 12 to exceed thirty days for each offense. 1 13 Sec. 2. Section 252D.8, subsection 1, unnumbered paragraph 1 14 1, Code 1995, is amended to read as follows: 1 15 In a support order issued or modified on or after November 1 16 1, 1990, for which services are being provided by the child 1 17 support recovery unit, and in any support orders issued or 1 18 modified after January 1, 1994, for which services are not 1 19 provided by the child support recovery unit, the income of a 1 20 support obligor is subject to withholding, on the effective 1 21 date of the order,regardless of whetherif support payments 1 22 by the obligor are in arrears. If services are being provided 1 23 pursuant to chapter 252B, the child support recovery unit may 1 24 enter an ex parte order for an immediate withholding of 1 25 income. The district court may enter an ex parte order for 1 26 immediate income withholding for cases in which the child 1 27 support recovery unit is not providing services. The income 1 28 of the obligor is subject to immediate withholding unless one 1 29 of the following occurs: 1 30 Sec. 3. Section 252D.8, subsection 2, unnumbered paragraph 1 31 1, Code 1995, is amended to read as follows: 1 32 For an order not requiring immediate withholding, income of 1 33 an obligor is subject to immediate withholding,without regard1 34to whetherif there is an arrearage, on the earliest of the 1 35 following: 2 1 Sec. 4. Section 252D.9, Code 1995, is amended to read as 2 2 follows: 2 3 252D.9 SUMS SUBJECT TO IMMEDIATE WITHHOLDING. 2 4 Specified sums shall be deducted from the obligor's 2 5 earnings, trust income, or other income sufficient to paythe2 6support obligation andanyjudgment established ordelinquency 2 7 accrued under the support order. The amount withheld pursuant 2 8 to an assignment of income shall not exceed the amount 2 9 specified in 15 U.S.C. } 1673(b). 2 10 Sec. 5. Section 252D.18, subsection 3, Code 1995, is 2 11 amended by striking the subsection. 2 12 Sec. 6. Section 252D.18A, subsection 3, Code 1995, is 2 13 amended to read as follows: 2 143. Priority shall be given to the withholding of current2 15support rather than delinquent support. The payor shall not2 16allocate amounts withheld in a manner which results in the2 17failure to withhold an amount for one or more of the current2 18support obligations.2 19a.3. To arrive at the amount to be withheld for each 2 20 obligee, the payor shall total the amounts due forcurrent2 21 delinquent support under the income withholding orders and 2 22 determine the proportionate share for each obligee. The 2 23 proportionate share shall be determined by dividing the amount 2 24 due forcurrentdelinquent support for each order by the total 2 25 due forcurrentdelinquent support for all orders. The 2 26 results are the percentages of the obligor's net income which 2 27 shall be withheld for each obligee. 2 28b. If, after completing the calculation in paragraph "a",2 29the withholding limit specified under 15 U.S.C. } 1673(b) has2 30not been attained, the payor shall total the amounts due for2 31arrearages and determine the proportionate share for each2 32obligee. The proportionate share amounts shall be established2 33utilizing the procedures established in paragraph "a" for2 34current support obligations.2 35 Sec. 7. Section 252D.18C, Code 1995, is amended to read as 3 1 follows: 3 2 252D.18C WITHHOLDING FROM LUMP SUM PAYMENTS. 3 3 The child support recovery unit or the district court may 3 4 enter an ex parte order for income withholding when the 3 5 obligor is paid by a lump sum income source. When a sole 3 6 payment is made or payment occurs at two-month or greater 3 7 intervals, the withholding order may include allcurrent and3 8 delinquent support due through the current month, but shall 3 9 not exceed the amounts specified in 15 U.S.C. } 1673(b). 3 10 Sec. 8. Section 598.23, subsection 2, Code 1995, is 3 11 amended by adding the following new paragraph: 3 12 NEW PARAGRAPH. c. Modifies a child support order to 3 13 terminate payment of support paid by a parent who has not been 3 14 awarded physical custody of a child, if the parent who has 3 15 been awarded physical custody of the child willfully disobeys 3 16 the visitation provisions of an order. 3 17 Sec. 9. NOTIFICATION REQUIREMENTS. The child support 3 18 recovery unit or the clerks of the district court, 3 19 respectively, shall notify all recipients and payors of child 3 20 support of the requirements of section 252B.22, as enacted in 3 21 this Act. 3 22 Sec. 10. FEDERAL WAIVERS. The department of human 3 23 services shall submit a waiver request or requests to the 3 24 United States department of health and human services as 3 25 necessary for federal authorization to implement the policy 3 26 changes in the collection of child support obligations 3 27 provided under this Act. 3 28 Sec. 11. EFFECTIVE DATES. 3 29 1. Section 1 of this Act takes effect January 1, 1997. 3 30 2. Section 9 of this Act, being deemed of immediate 3 31 importance, takes effect upon enactment. 3 32 3. Sections 2 through 7 of this Act are effective July 1, 3 33 1996, or upon receipt of a waiver from the United States 3 34 department of health and human services, if necessary, 3 35 whichever is later. The director of the department of human 4 1 services shall notify the secretary of state and the Code 4 2 editor if a waiver is or is not necessary in order to 4 3 implement sections 2 through 8 of this Act. 4 4 EXPLANATION 4 5 This bill relates to child support recovery. The bill 4 6 provides for the accounting of expenditures of child support 4 7 payments by an individual named as the recipient of child 4 8 support payments, on an annual basis as specified in a child 4 9 support order. A person who willfully fails to make such an 4 10 accounting may be cited and punished by the court for 4 11 contempt. The bill requires the department of human services 4 12 or the clerk of the district court to notify all recipients 4 13 and payors of child support of the requirement of the annual 4 14 accounting. This provision is effective January 1, 1997, with 4 15 the exception of the directive to the department and the clerk 4 16 of the district court requiring notification of the parties of 4 17 the new requirement, which is effective upon enactment. 4 18 The bill provides for withholding of an obligor's income to 4 19 collect support only if support payments are in arrears. 4 20 Currently, the income of an obligor is subject to withholding 4 21 whether or not there is an arrearage. The department of human 4 22 services is directed to seek any federal waivers which might 4 23 be necessary in implementing the policy of collection through 4 24 income withholding only in cases in which delinquent support 4 25 is owed. This provision is effective July 1, 1996, or upon 4 26 receipt of a waiver from the United States department of 4 27 health and human services, if the waiver is necessary. 4 28 The bill also provides that if a person is held in contempt 4 29 for willfully disobeying the visitation provisions of an 4 30 order, the court may, as an alternative to punishment for 4 31 contempt, modify a child support order to terminate payment of 4 32 support paid by a parent who has not been awarded physical 4 33 custody of the child. 4 34 LSB 3230HH 76 4 35 pf/cf/24.1
Text: HF02052 Text: HF02054 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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