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PAG LIN 1 1 Section 1. Section 252D.1, subsections 2 and 3, Code 1995, 1 2 are amended to read as follows: 1 3 2. If support payments ordered under chapter 232, 234, 1 4 252A, 252C, 252D, 252E, 252F, 598, 600B, or any other 1 5 applicable chapter, or under a comparable statute of a foreign 1 6 jurisdiction, as certified to the child support recovery unit 1 7 established in section 252B.2, are not paid to the clerk of 1 8 the district court or the collection services center pursuant 1 9 to section 598.22 and become delinquent in an amount equal to 1 10 the payment forone monthat least sixty days, upon 1 11 application of a person entitled to receive the support 1 12 payments, the child support recovery unit or the district 1 13 court may enter an ex parte order notifying the person whose 1 14 income is to be assigned, of the delinquent amount, of the 1 15 amount of income, wages, compensation, or benefits to be 1 16 withheld, and of the procedure to file a motion to quash the 1 17 order of assignment, and shall order an assignment of income 1 18 requiring the withholding of specified sums to be deducted 1 19 from the delinquent person's periodic earnings, trust income, 1 20 compensation, benefits, or other income sufficient to pay the 1 21 support obligation and, except as provided in section 598.22, 1 22 requiring the payment of such sums to the clerk of the 1 23 district court or the collection services center. 1 24 Notification of income withholding shall be provided to the 1 25 payor of earnings, trust income, or other income pursuant to 1 26 section 252D.17. 1 27 3. A person entitled by court order to receive support 1 28 payments or a person responsible for enforcing such a court 1 29 order may petition the clerk of the district court for an 1 30 assignment of income. If the petition is verified and 1 31 establishes that support payments are delinquent in an amount 1 32 equal to the payment forone monthat least sixty days and if 1 33 the clerk of the district court determines, after providing an 1 34 opportunity for a hearing, that notice of the mandatory 1 35 assignment of income as provided in section 252D.3 has been 2 1 given, the clerk of the district court shall order an 2 2 assignment of income under subsection 2. 2 3 Sec. 2. Section 252D.2, subsections 1 and 2, Code 1995, 2 4 are amended to read as follows: 2 5 1. A petitioner under section 252D.1, subsection 3, may 2 6 move to quash the order of assignment at any time by asserting 2 7 that the delinquency did not occur or has been paid. A person 2 8 whose income has been assigned under section 252D.1 may move 2 9 to quash the order of assignment by filing the motion to quash 2 10 and notice of the motion to quash with the court within ten 2 11 days after the entering of the court order of assignment under 2 12 section 252D.1, subsection 2, or at any time upon a showing of 2 13 a mistake of fact relating to the delinquency. The clerk of 2 14 the district court shall schedule a hearing on the motion to 2 15 quash for a time not later than seven days after the filing of 2 16 the motion to quash and the notice of the motion to quash. 2 17 The clerk shall mail to the parties and to the payor copies of 2 18 the motion to quash, the notice of the motion to quash, and 2 19 the order scheduling the hearing. 2 20 2. The payor shall not withhold and transmit the amount 2 21 specified in the order of assignment to the clerk of the 2 22 district courtuntil the notice thatunless the motion to 2 23 quashhas been grantedisreceiveddenied. Following the 2 24 hearing, the clerk of the district court shall mail a notice 2 25 to the payor that the motion to quash has been granted or 2 26 denied. 2 27 Sec. 3. Section 252D.8, subsection 1, unnumbered paragraph 2 28 1, Code 1995, is amended to read as follows: 2 29 In a support order issued or modified on or after November 2 30 1, 1990, for which services are being provided by the child 2 31 support recovery unit, and in any support orders issued or 2 32 modified after January 1, 1994, for which services are not 2 33 provided by the child support recovery unit, the income of a 2 34 support obligor is subject to withholding, on the effective 2 35 date of the order,regardless of whetherif support payments 3 1 by the obligor are in arrears for a period of at least sixty 3 2 days. If services are being provided pursuant to chapter 3 3 252B, the child support recovery unit may enter an ex parte 3 4 order for an immediate withholding of income. The district 3 5 court may enter an ex parte order for immediate income 3 6 withholding for cases in which the child support recovery unit 3 7 is not providing services. The income of the obligor is 3 8 subject to immediate withholding unless one of the following 3 9 occurs: 3 10 Sec. 4. Section 252D.8, subsection 2, unnumbered paragraph 3 11 1, Code 1995, is amended to read as follows: 3 12 For an order not requiring immediate withholding, income of 3 13 an obligor is subject to immediate withholding,without regard3 14to whetherif there is an arrearage for a period of at least 3 15 sixty days, and on the earliest of the following: 3 16 Sec. 5. Section 252D.9, Code 1995, is amended to read as 3 17 follows: 3 18 252D.9 SUMS SUBJECT TO IMMEDIATE WITHHOLDING. 3 19 Specified sums shall be deducted from the obligor's 3 20 earnings, trust income, or other income sufficient to paythe3 21support obligation andanyjudgment established ordelinquency 3 22 accrued under the support order if there is a delinquency for 3 23 a period of at least sixty days. The amount withheld pursuant 3 24 to an assignment of income shall not exceed the amount 3 25 specified in 15 U.S.C. } 1673(b). 3 26 Sec. 6. Section 252D.11, subsections 2 and 3, Code 1995, 3 27 are amended to read as follows: 3 28 2. The clerk of the district court shall schedule a 3 29 hearing on the motion to quash for a time not later than seven 3 30 days after the filing of the motion to quash and the notice of 3 31 the motion to quash. The clerk shall mail to the parties and 3 32 to the payor copies of the motion to quash, the notice of the 3 33 motion to quash, and the order scheduling the hearing. 3 34 3. The payor shall not withhold and transmit the amount 3 35 specified in the order of assignment to the clerk of the 4 1 district court or the collection services center, as 4 2 appropriate,until the notice thatunless a motion to quash 4 3has been grantedisreceiveddenied. Following the hearing, 4 4 the clerk of the district court shall mail a notice to the 4 5 payor that the motion to quash has been granted or denied. 4 6 Sec. 7. Section 252D.18, subsection 3, Code 1995, is 4 7 amended by striking the subsection. 4 8 Sec. 8. Section 252D.18A, subsection 3, Code 1995, is 4 9 amended to read as follows: 4 103. Priority shall be given to the withholding of current4 11support rather than delinquent support. The payor shall not4 12allocate amounts withheld in a manner which results in the4 13failure to withhold an amount for one or more of the current4 14support obligations.4 15 3. a. To arrive at the amount to be withheld for each 4 16 obligee, the payor shall total the amounts due forcurrent4 17 delinquent support for a period of at least sixty days under 4 18 the income withholding orders and determine the proportionate 4 19 share for each obligee. The proportionate share shall be 4 20 determined by dividing the amount due forcurrentdelinquent 4 21 support for a period of at least sixty days for each order by 4 22 the total due forcurrentdelinquent support for a period of 4 23 at least sixty days for all orders. The results are the 4 24 percentages of the obligor's net income which shall be 4 25 withheld for each obligee. 4 26 b. If, after completing the calculation in paragraph "a", 4 27 the withholding limit specified under 15 U.S.C. } 1673(b) has 4 28 not been attained, the payor shall total the amounts due for 4 29 arrearages and determine the proportionate share for each 4 30 obligee. The proportionate share amounts shall be established 4 31 utilizing the procedures established in paragraph "a"for4 32current support obligations. 4 33 Sec. 9. Section 252D.18C, Code 1995, is amended to read as 4 34 follows: 4 35 252D.18C WITHHOLDING FROM LUMP SUM PAYMENTS. 5 1 The child support recovery unit or the district court may 5 2 enter an ex parte order for income withholding when the 5 3 obligor is paid by a lump sum income source. When a sole 5 4 payment is made or payment occurs at two-month or greater 5 5 intervals, the withholding order may include allcurrent and5 6 delinquent support due for a period of at least sixty days 5 7 through the current month, but shall not exceed the amounts 5 8 specified in 15 U.S.C. } 1673(b). 5 9 Sec. 10. NEW SECTION. 252D.18D CORRECTION OF ERRORS IN 5 10 SUPPORT PAYMENT RECORD. 5 11 If the child support recovery unit or the district court 5 12 determines that the support payment record is in error, the 5 13 child support recovery unit or the district court shall 5 14 correct the error within sixty days following the 5 15 determination. 5 16 Sec. 11. FEDERAL WAIVERS. The department of human 5 17 services shall submit a waiver request or requests to the 5 18 United States department of health and human services as 5 19 necessary for federal authorization to implement the policy 5 20 changes in the collection of child support obligations 5 21 provided under this Act. 5 22 Sec. 12. EFFECTIVE DATES. Sections 1, 3 through 5, and 7 5 23 through 9 of this Act are effective July 1, 1996, or upon 5 24 receipt of a waiver from the United States department of 5 25 health and human services, if necessary, whichever is later. 5 26 The director of the department of human services shall notify 5 27 the secretary of state and the Code editor if a waiver is or 5 28 is not necessary in order to implement sections 1 through 10 5 29 of this Act. 5 30 Section 11 of this Act, being deemed of immediate 5 31 importance, takes effect upon enactment. 5 32 EXPLANATION 5 33 This bill relates to child support recovery. The bill 5 34 provides for withholding of an obligor's income to collect 5 35 support only if support payments are in arrears for a period 6 1 of at least 60 days. Currently, the income of an obligor is 6 2 subject to immediate withholding whether or not there is an 6 3 arrearage. The department of human services is directed to 6 4 seek any federal waivers which might be necessary in 6 5 implementing the policy of collection through income 6 6 withholding only in cases in which delinquent support is owed. 6 7 These provisions are effective July 1, 1996, or upon receipt 6 8 of a waiver from the United States department of health and 6 9 human services, if the waiver is necessary. 6 10 The bill also provides that income withholding is 6 11 prohibited once a motion to quash is filed until the motion is 6 12 denied and requires that any errors in the support payment 6 13 record be corrected within 60 days of the determination of the 6 14 error. 6 15 LSB 3501XS 76 6 16 pf/cf/24.2
Text: SF02192 Text: SF02194 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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