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PAG LIN 1 1 Section 1. Section 234.39, subsection 1, Code 1995, is 1 2 amended to read as follows: 1 3 1. For an individual to whom section 234.35, subsection 1, 1 4 is applicable, a dispositional order of the juvenile court 1 5 requiring the provision of foster care, or an administrative 1 6 order entered pursuant to chapter 252C, or any order 1 7 establishing paternity and support for a child in foster care, 1 8 shall establish, after notice and a reasonable opportunity to 1 9 be heard is provided to a parent or guardian, the amount of 1 10 the parent's or guardian's support obligation for the cost of 1 11 foster care provided by the department. Thecourt, or the1 12department of human services in establishing support by1 13administrative order, shall establish theamount of the 1 14 parent's or guardian's support obligation and the amount of 1 15 support debt accrued and accruing shall be established in 1 16 accordance with the child support guidelines prescribed under 1 17 section 598.21, subsection 4. However, the court, or the 1 18 department of human services in establishing support by 1 19 administrative order, may deviate from the prescribed 1 20 obligation after considering a recommendation by the 1 21 department for expenses related to goals and objectives of a 1 22 case permanency plan as defined under section 237.15, and upon 1 23 written findings of fact which specify the reason for 1 24 deviation and the prescribed guidelines amount. Any order for 1 25 support shall direct the payment of the support obligation to 1 26 the collection services center for the use of the department's 1 27 foster care recovery unit. The order shall be filed with the 1 28 clerk of the district court in which the responsible parent or 1 29 guardian resides and has the same force and effect as a 1 30 judgment when entered in the judgment docket and lien index. 1 31 The collection services center shall disburse the payments 1 32 pursuant to the order and record the disbursements. If 1 33 payments are not made as ordered, the child support recovery 1 34 unit may certify a default to the court and the court may, on 1 35 its own motion, proceed under section 598.22 or 598.23 or the 2 1 child support recovery unit may enforce the judgment as 2 2 allowed by law. An order entered under this subsection may be 2 3 modified only in accordance with the guidelines prescribed 2 4 under section 598.21, subsection 8. 2 5 Sec. 2. Section 252A.3A, subsection 2, unnumbered 2 6 paragraph 1, Code 1995, is amended to read as follows: 2 7Establishment ofWhen paternity has not been legally 2 8 established, paternity may be established by affidavit under 2 9 this sectionmay be used to establish paternity offor the 2 10 following children: 2 11 Sec. 3. Section 252C.3, subsection 1, paragraph a, Code 2 12 1995, is amended to read as follows: 2 13 a. A statement that the support obligation will be set 2 14 pursuant to the child support guidelines established pursuant 2 15 to section 598.21, subsection 4, and the criteria established 2 16 pursuant to section 252B.7A, and that the responsible person 2 17 is required to provide medical support in accordance with 2 18 chapter 252E. 2 19 Sec. 4. Section 252C.3, subsection 1, paragraph c, Code 2 20 1995, is amended by striking the paragraph. 2 21 Sec. 5. Section 252D.17, unnumbered paragraph 1, Code 2 22 1995, is amended to read as follows: 2 23 The child support recovery unit or the district court shall 2 24 provide noticeofby sending a copy of the order for income 2 25 withholding to the obligor's employer, trustee, or other payor 2 26 of income. Notice shall be sentby regular mail, with proof 2 27 of service completed according to rule of civil procedure 82 2 28and, in. The order may be sent to the employer, trustee, or 2 29 other payor of income on the same date that the order is sent 2 30 to the clerk of court for filing. In addition to the amount 2 31 to be withheld for payment of support, the order shall include 2 32 all of the following information regarding the duties of the 2 33 payor in implementing the withholding order: 2 34 Sec. 6. Section 252D.17, subsection 4, Code 1995, is 2 35 amended to read as follows: 3 1 4.IncomeThe income withholding order is binding on an 3 2 existing or future employer, trustee, or other payor ten days 3 3 after receipt of thenoticecopy of the order, and is binding 3 4 whether or not the copy of the order received is file-stamped. 3 5 Sec. 7. Section 252D.23, Code 1995, is amended to read as 3 6 follows: 3 7 252D.23 FILING OF WITHHOLDING ORDER &endash; ORDER EFFECTIVE AS 3 8 DISTRICT COURT ORDER. 3 9 An income withholding order entered by the child support 3 10 recovery unit pursuant to this chapter shall be filed with the 3 11 clerk of the district court.Upon filing, forFor the 3 12 purposes of demonstrating compliance by the employer, trustee, 3 13 or other payor, the copy of the withholding order received, 3 14 whether or not the copy is file-stamped, shall have all the 3 15 force, effect, and attributes of a docketed order of the 3 16 district court including, but not limited to, availability of 3 17 contempt of court proceedings against an employer, trustee, or 3 18 other payor for noncompliance. However, any information 3 19 contained in the income withholding order related to the 3 20 amount of the accruing or accrued support obligation which 3 21 does not reflect the correct amount of support due does not 3 22 modify the underlying support judgment. 3 23 Sec. 8. Section 598.21, subsection 4A, paragraph c, Code 3 24 1995, is amended to read as follows: 3 25 c. Notwithstanding paragraph "a", in a pending dissolution 3 26 action under this chapter, a prior determination of paternity 3 27 by operation of law through the marriage of the established 3 28 father and mother of the child may be overcome under this 3 29 chapter if the following conditions are met: 3 30 (1) The established father and mother of the childsubmit3 31 file a written statement with the court that both parties 3 32 agree that the established father is not the biological father 3 33 of the childand the. 3 34 (2) The court finds that it is in the best interest of the 3 35 child to overcome the established paternity. In determining 4 1 the best interest of the child, the court shall consider the 4 2 criteria provided in section 600B.41A, subsection 3, paragraph 4 3 "g". 4 4 If the court overcomes a prior determination of paternity, 4 5 the previously established father shall be relieved of support 4 6 obligations as specified in section 600B.41A, subsection 4. 4 7 In any action to overcome paternity other than through a 4 8 pending dissolution action, the provisions of section 600B.41A 4 9 apply. Overcoming paternity under this paragraph does not bar 4 10 subsequent actions to establish paternity if it is 4 11 subsequently determined that the written statement attesting 4 12 that the established father is not the biological father of 4 13 the child may have been submitted erroneously, and that the 4 14 person previously determined not to be the child's father 4 15 during the dissolution action may actually be the child's 4 16 biological father. 4 17 Sec. 9. Section 600B.41, subsection 2, Code 1995, is 4 18 amended to read as follows: 4 19 2. If a blood or genetic test is required, the court shall 4 20 direct that inherited characteristics, including but not4 21limited to blood types,be determined by appropriate testing 4 22 procedures, and shall appoint an expert qualified as an 4 23 examiner of genetic markers to analyze and interpret the 4 24 results and to report to the court. 4 25 EXPLANATION 4 26 This bill amends areas of the Code relating to child 4 27 support recovery. 4 28 Section 1 provides that if the department of human services 4 29 is responsible for the foster care costs of a child, any order 4 30 establishing paternity and support for the child shall 4 31 establish the obligation of the parent or guardian for the 4 32 cost of foster care provided by the department. 4 33 Section 2 of the bill provides that establishment of 4 34 paternity by affidavit is only applicable when paternity has 4 35 not previously been legally established. 5 1 Sections 3 and 4 of the bill delete Code language which 5 2 requires that the notice of support debt issued prior to 5 3 administrative establishment of support include a demand for 5 4 immediate payment of the support or medical support debt or 5 5 both and amends a previous paragraph to provide for only 5 6 notice of the duty to provide medical support. 5 7 Sections 5 through 7 provide that an income withholding 5 8 order may be sent to an employer or other payor of income on 5 9 the same date that it is sent to the clerk of court for filing 5 10 and that the order is binding on the income payor whether or 5 11 not the income payor has received a file-stamped copy. 5 12 Section 8 restricts use of the procedure in section 5 13 598.21(4A)(c) regarding overcoming paternity established by 5 14 operation of law through marriage to pending dissolution 5 15 actions under chapter 598, provides that any other action to 5 16 overcome paternity shall be pursuant to section 600B.41A, and 5 17 provides that if paternity is overcome under this section, the 5 18 previously established father is relieved of support 5 19 obligations unless it is subsequently determined that 5 20 paternity may have been incorrectly overcome. 5 21 Section 9 deletes language regarding blood or genetic 5 22 testing so that in an action for establishment of paternity in 5 23 which the court requires testing of inherited characteristics, 5 24 a determination of blood types is no longer required. 5 25 LSB 1295SV 76 5 26 pf/cf/24
Text: SF00148 Text: SF00150 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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