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PAG LIN 1 1 DIVISION I 1 2 REVIEW AND ADJUSTMENT OF SUPPORT ORDERS 1 3 Section 1. Section 252H.8, subsection 1, paragraphs a and 1 4 b, Code 1995, are amended by striking the paragraphs. 1 5 Sec. 2. Section 252H.8, subsection 4, unnumbered paragraph 1 6 1, Code 1995, is amended to read as follows: 1 7 If a timely written request for a hearing is received by 1 8 the unitand the granting of the request is not precluded1 9pursuant to subsection 1, a hearing shall be held in district 1 10 court, and the unit shall certify the matter to the district 1 11 court in the county in which the order subject to adjustment 1 12 or modification is filed. The certification shall include the 1 13 following, as applicable: 1 14 Sec. 3. Section 252H.17, subsection 2, Code 1995, is 1 15 amended to read as follows: 1 16 2. A challenge shall be submitted, in writing, to the 1 17 local child support office that issued the notice of decision, 1 18 withinthe following time frames:1 19a. If the notice of decision indicates that an adjustment1 20is not appropriate, a challenge shall be submitted within1 21thirty days of the date of issuance of the notice.1 22b. If the notice of decision indicates that an adjustment1 23is appropriate, a challenge shall be submitted withinten days 1 24 of the issuance of the notice. 1 25 DIVISION II 1 26 SUSPENSION AND REINSTATEMENT OF ORDERS 1 27 Sec. 4. Section 252B.20, subsections 4 and 8, Code 1995, 1 28 are amended to read as follows: 1 29 4. An order suspending an accruing support obligation 1 30 entered by the court pursuant to this section shall be 1 31 considered a temporary order for the period of six months from 1 32 the date of filing of the suspension order. However, the six- 1 33 month period shall not include any time during which an 1 34 application for reinstatement is pending before the court. 1 35 8. If the order suspending a support obligation has been 2 1 on file with the court for a period exceeding six months as 2 2 computed pursuant to subsection 4, the order becomes final by 2 3 operation of law and terminates the support obligation, and 2 4 thereafter, a party seeking to establish a support obligation 2 5 against either party shall bring a new action for support as 2 6 provided by law. 2 7 DIVISION III 2 8 GENETIC TESTING 2 9 Sec. 5. Section 252F.3, subsection 4, paragraph b, Code 2 10 1995, is amended to read as follows: 2 11 b. If paternity establishment was contested and paternity 2 12 tests conducted, a court hearing on the issue of paternity 2 13 shall be scheduled no earlier than fifty days from the date 2 14 paternity test results are issued to all parties by the unit, 2 15 unless the parties mutually agree to waive the time frame 2 16 pursuant to section255F.8252F.8. 2 17 Sec. 6. Section 252F.3, subsection 6, paragraph d, Code 2 18 1995, is amended to read as follows: 2 19 d. If a paternity test is ordered under this section, the 2 20 administrator shall direct that inherited characteristics,2 21including but not limited to blood types,be analyzed and 2 22 interpreted, and shall appoint an expert qualified as an 2 23 examiner of genetic markers to analyze and interpret the 2 24 results. 2 25 DIVISION IV 2 26 DISESTABLISHMENT/REESTABLISHMENT OF PATERNITY 2 27 Sec. 7. Section 598.21, subsection 4A, paragraph c, 2 28 subparagraph (2), unnumbered paragraph 2, Code Supplement 2 29 1995, is amended to read as follows: 2 30 If the court overcomes a prior determination of paternity, 2 31 the previously established father shall be relieved of support 2 32 obligations as specified in section 600B.41A, subsection 4. 2 33 In any action to overcome paternity other than through a 2 34 pending dissolution action, the provisions of section 600B.41A 2 35 apply. Overcoming paternity under this paragraph does not bar 3 1 subsequent actions to establish paternity. A subsequent 3 2 action to establish paternity against the previously 3 3 established father is not barred if it is subsequently 3 4 determined that the written statement attesting that the 3 5 established father is not the biological father of the child 3 6 may have been submitted erroneously, and that the person 3 7 previously determined not to be the child's father during the 3 8 dissolution action may actually be the child's biological 3 9 father. 3 10 DIVISION V 3 11 INCOME WITHHOLDING 3 12 Sec. 8. Section 252D.2, subsection 2, Code 1995, is 3 13 amended to read as follows: 3 14 2. The payor shall withhold and transmit the amount 3 15 specified in the order or in the child support recovery unit's 3 16 notice of the order of assignment to the clerk of the district 3 17 court until the notice that the motion to quash has been 3 18 granted is received. 3 19 Sec. 9. Section 252D.11, subsection 3, Code 1995, is 3 20 amended to read as follows: 3 21 3. The payor shall withhold and transmit the amount 3 22 specified in the order or in the child support recovery unit's 3 23 notice of the order of assignment to the clerk of the district 3 24 court or the collection services center, as appropriate, until 3 25 the notice that a motion to quash has been granted is 3 26 received. 3 27 Sec. 10. Section 252D.17, unnumbered paragraph 1, Code 3 28 Supplement 1995, is amended to read as follows: 3 29 Thechild support recovery unit or thedistrict court shall 3 30 provide notice by sending a copy of the order for income 3 31 withholding to the obligor's employer, trustee, or other payor 3 32 of income by regular mail, with proof of service completed 3 33 according to rule of civil procedure 82. The child support 3 34 recovery unit shall provide notice of the income withholding 3 35 order by sending a notice of the order to the obligor's 4 1 employer, trustee, or other payor of income by regular mail. 4 2 Proof of service may be completed according to rule of civil 4 3 procedure 82. The order or the child support recovery unit's 4 4 notice of the order may be sent to the employer, trustee, or 4 5 other payor of income on the same date that the order is sent 4 6 to the clerk of court for filing. In addition to the amount 4 7 to be withheld for payment of support, the order or the child 4 8 support recovery unit's notice of the order shall include all 4 9 of the following information regarding the duties of the payor 4 10 in implementing the withholding order: 4 11 Sec. 11. Section 252D.17, subsections 4, 7, 9, and 11, 4 12 Code Supplement 1995, are amended to read as follows: 4 13 4. The income withholding order is binding on an existing 4 14 or future employer, trustee, or other payor ten days after 4 15 receipt of the copy of the order or the child support recovery 4 16 unit's notice of the order, and is binding whether or not the 4 17 copy of the order received is file-stamped. 4 18 7. The payor shall deliver or send a copy of the order or 4 19 the child support recovery unit's notice of the order to the 4 20person named in the orderobligor within one business day 4 21 after receipt of the order or the child support recovery 4 22 unit's notice of the order. 4 23 9. If the payor fails to withhold income in accordance 4 24 with the provisions of the order or the child support recovery 4 25 unit's notice of the order, the payor is liable for the 4 26 accumulated amount which should have been withheld, together 4 27 with costs, interest, and reasonable attorney fees related to 4 28 the collection of the amounts due from the payor. 4 29 11. Any payor who discharges an obligor, refuses to employ 4 30 an obligor, or takes disciplinary action against an obligor 4 31 based upon income withholding is guilty of a simple 4 32 misdemeanor. A withholding order or the child support 4 33 recovery unit's notice of the order has the same force and 4 34 effect as any other district court order, including, but not 4 35 limited to, contempt of court proceedings for noncompliance. 5 1 Sec. 12. Section 252D.18A, unnumbered paragraph 1, Code 5 2 1995, is amended to read as follows: 5 3 When the obligor is responsible for paying more than one 5 4 support obligation and the employer or the income payor has 5 5 received more than one income withholding order or the child 5 6 support recovery unit's notice of an order for the obligor, 5 7 the payor shall withhold amounts in accordance with all of the 5 8 following: 5 9 Sec. 13. Section 252D.18A, subsection 3, paragraph a, Code 5 10 1995, is amended to read as follows: 5 11 a. To arrive at the amount to be withheld for each 5 12 obligee, the payor shall total the amounts due for current 5 13 support under the income withholding orders and the child 5 14 support recovery unit's notices of orders and determine the 5 15 proportionate share for each obligee. The proportionate share 5 16 shall be determined by dividing the amount due for current 5 17 support for each order or child support recovery unit's notice 5 18 of order by the total due for current support for all orders 5 19 and child support recovery unit's notices of orders. The 5 20 results are the percentages of the obligor's net income which 5 21 shall be withheld for each obligee. 5 22 Sec. 14. Section 252D.23, Code Supplement 1995, is amended 5 23 to read as follows: 5 24 252D.23 FILING OF WITHHOLDING ORDER – ORDER EFFECTIVE AS 5 25 DISTRICT COURT ORDER. 5 26 An income withholding order entered by the child support 5 27 recovery unit pursuant to this chapter shall be filed with the 5 28 clerk of the district court. For the purposes of 5 29 demonstrating compliance by the employer, trustee, or other 5 30 payor, the copy of the withholding order or the child support 5 31 recovery unit's notice of the order received, whether or not 5 32 the copy of the order is file-stamped, shall have all the 5 33 force, effect, and attributes of a docketed order of the 5 34 district court including, but not limited to, availability of 5 35 contempt of court proceedings against an employer, trustee, or 6 1 other payor for noncompliance. However, any information 6 2 contained in the income withholding order or the child support 6 3 recovery unit's notice of the order related to the amount of 6 4 the accruing or accrued support obligation which does not 6 5 reflect the correct amount of support due does not modify the 6 6 underlying support judgment. 6 7 Sec. 15. Section 252G.3, subsection 1, paragraph d, Code 6 8 1995, is amended to read as follows: 6 9 d. The address to which income withholding orders or the 6 10 child support recovery unit's notices of orders and 6 11 garnishments should be sent. 6 12 DIVISION VI 6 13 FULL FAITH AND CREDIT OF CHILD SUPPORT ORDERS 6 14 Sec. 16. Section 252A.3, subsection 8, Code 1995, is 6 15 amended by striking the subsection. 6 16 Sec. 17. NEW SECTION. 252A.4A CHOICE OF LAW. 6 17 In a proceeding to establish, modify, or enforce a child 6 18 support order the forum state's law shall apply except as 6 19 follows: 6 20 1. In interpreting a child support order, a court shall 6 21 apply the law of the state of the court or administrative 6 22 agency that issued the order. 6 23 2. In an action to enforce a child support order, a court 6 24 shall apply the statute of limitations of the forum state or 6 25 the state of the court or administrative agency that issued 6 26 the order, whichever statute provides the longer period of 6 27 limitations. 6 28 Sec. 18. Section 252A.5, unnumbered paragraph 1, Code 6 29 1995, is amended to read as follows: 6 30AUnless prohibited pursuant to section 252A.20, a 6 31 proceeding to compel support of a dependent may be maintained 6 32 under this chapter in any of the following cases: 6 33 Sec. 19. Section 252A.6, subsection 15, Code 1995, is 6 34 amended to read as follows: 6 35 15.AnyExcept as provided in section 252A.20, any order 7 1 of support issued by a court of the state acting as a 7 2 responding state shall not supersede any previous order of 7 3 support issued in a divorce or separate maintenance action, 7 4 but the amounts for a particular period paid pursuant to 7 5 either order shall be credited against amounts accruing or 7 6 accrued for the same period under both. This subsection also 7 7 applies to orders entered following an administrative process 7 8 including, but not limited to, the administrative processes 7 9 provided pursuant to chapters 252C and 252F. 7 10 Sec. 20. Section 252A.6, Code 1995, is amended by adding 7 11 the following new subsection: 7 12 NEW SUBSECTION. 17. A court or administrative agency of a 7 13 state that has issued a child support order consistent with 28 7 14 U.S.C. } 1738B has continuing, exclusive jurisdiction over the 7 15 order if the state is the state in which the child is residing 7 16 or the state is the residence of the petitioner or respondent 7 17 unless the court or administrative agency of another state, 7 18 acting in accordance with 28 U.S.C. } 1738B, has modified the 7 19 order. 7 20 Sec. 21. Section 252A.8, Code 1995, is amended to read as 7 21 follows: 7 22 252A.8 ADDITIONAL REMEDIES. 7 23ThisUnless otherwise provided pursuant to 28 U.S.C. } 7 24 1738B, this chapter shall be construed to furnish an 7 25 additional or alternative civil remedy and shall in no way 7 26 affect or impair any other remedy, civil or criminal, provided 7 27 in any other statute and available to the petitioner in 7 28 relation to the same subject matter. 7 29 Sec. 22. Section 252A.19, subsection 1, Code 1995, is 7 30 amended to read as follows: 7 31 1. Upon registration of theregisteredforeign support 7 32 ordershall be treated in the same manner as a support order7 33issued by a court of this state. The order shall have the7 34same effect and shall be subject to the same procedures,7 35defenses, and proceedings for reopening, vacating, or staying8 1as a support order of this state and may be enforced and8 2satisfied in like manner., both of the following shall apply: 8 3 a. The order is enforceable in the same manner and is 8 4 subject to the same enforcement procedures as a support order 8 5 issued by a court of this state. 8 6 b. The order may be modified only as provided in section 8 7 252A.20. 8 8 Sec. 23. Section 252A.20, Code 1995, is amended to read as 8 9 follows: 8 10 252A.20 MODIFICATION OR ADJUSTMENT OF A REGISTERED FOREIGN 8 11 SUPPORT ORDER AND OF AN IOWA ORDER REGISTERED IN A FOREIGN 8 12 JURISDICTION. 8 13 1. An order which has been registered in a court of this 8 14 state pursuant to section 252A.18 may be modified or adjusted 8 15 following registration,subject to allif one of the following 8 16 applies: 8 17 a.The modification or adjustment of the order does not8 18affect the underlying judgment in the foreign jurisdiction,8 19unless provided pursuant to the statute of the foreign8 20jurisdiction.The court of the rendering state no longer has 8 21 continuing, exclusive jurisdiction of the order because that 8 22 state no longer is the residence of the child or the 8 23 petitioner or respondent. 8 24 b.The modification or adjustment of the underlying8 25judgment by a foreign jurisdiction does not affect the8 26registered order in this state unless confirmed by a court of8 27this state.The petitioner and respondent have filed a 8 28 written statement with the court where the order is registered 8 29 consenting to that court determining the modification and 8 30 assuming continuing, exclusive jurisdiction over the order. 8 31 2. A support order issued in a court of this state may be 8 32 registered in a foreign jurisdiction and, following 8 33 registration, may be modified or adjustedsubject to the8 34followingif either of the following applies: 8 35 a.The modification or adjustment of the registered order9 1by a foreign jurisdiction does not affect the underlying9 2judgment in this state unless confirmed by a court of this9 3state.The court of this state no longer has continuing, 9 4 exclusive jurisdiction of the order because this state no 9 5 longer is the residence of the child, or of the petitioner or 9 6 respondent. 9 7 b.The modification or adjustment of the underlying9 8judgment by a court of this state following registration in a9 9foreign jurisdiction does not affect the registered order9 10unless provided by the statute of the foreign jurisdiction.9 11 The petitioner and respondent have filed a written statement 9 12 with the court where the order is registered consenting to 9 13 that court determining the modification and assuming 9 14 continuing, exclusive jurisdiction over the order. 9 15 3. A court or administrative agency of a state that no 9 16 longer has continuing, exclusive jurisdiction of a child 9 17 support order may enforce the order with respect to non- 9 18 modifiable obligations and unsatisfied obligations that 9 19 accrued before the date on which a modification of the order 9 20 is made under this section. 9 21 4. Issues related to visitation, custody, or other 9 22 provisions not related to the support provisions of a support 9 23 order shall not be grounds for a hearing, modification, 9 24 adjustment, or other action under this chapter. 9 25 Sec. 24. Section 252E.4, subsection 1, Code 1995, is 9 26 amended to read as follows: 9 27 1. When a support order requires an obligor to provide 9 28 coverage under a health benefit plan, the district court or 9 29 the department may enter an ex parte order directing an 9 30 employer to take all actions necessary to enroll an obligor's 9 31 dependent for coverage under a health benefit plan. The 9 32 department may amend the information in the ex parte order 9 33 regarding health insurance provisions if necessary to comply 9 34 with health insurance requirements including but not limited 9 35 to the provisions of section 252E.2, subsection 2. 10 1 Sec. 25. Section 252E.13, subsections 1 and 3, Code 1995, 10 2 are amended to read as follows: 10 3 1.WhenSubject to 28 U.S.C. } 1738B, when high potential 10 4 for obtaining medical support exists, the obligee or the 10 5 department may petition for a modification of the obligor's 10 6 support order to include medical support or a monetary amount 10 7 for medical support pursuant to this chapter. 10 8 3.TheSubject to 28 U.S.C. } 1738B, the department may 10 9 amend information concerning the provisions regarding health 10 10 benefits in a court or administrative order, if necessary to10 11comply with section 252E.2, subsection 2,if notice of the 10 12 amendment is provided to the court and to the parties to the 10 13 order and if the amendment is filed with the clerk of court. 10 14 Sec. 26. NEW SECTION. 598.2A CHOICE OF LAW. 10 15 In a proceeding to establish, modify, or enforce a child 10 16 support order the forum state's law shall apply except as 10 17 follows: 10 18 1. In interpreting a child support order, a court shall 10 19 apply the law of the state of the court or administrative 10 20 agency that issued the order. 10 21 2. In an action to enforce a child support order, a court 10 22 shall apply the statute of limitations of the forum state or 10 23 the state of the court or administrative agency that issued 10 24 the order, whichever statute provides the longer period of 10 25 limitations. 10 26 Sec. 27. Section 598.14, unnumbered paragraph 2, Code 10 27 1995, is amended to read as follows: 10 28AfterSubject to 28 U.S.C. } 1738B, after notice and 10 29 hearing subsequent changes in temporary orders may be made by 10 30 the court on application of either party demonstrating a 10 31 substantial change in the circumstances occurring subsequent 10 32 to the issuance of such order. If the order is not so 10 33 modified it shall continue in force and effect until the 10 34 action is dismissed or a decree is entered dissolving the 10 35 marriage. 11 1 Sec. 28. Section 598.21, subsection 8, unnumbered 11 2 paragraph 1, Code Supplement 1995, is amended to read as 11 3 follows: 11 4TheSubject to 28 U.S.C. } 1738B, the court may 11 5 subsequently modify orders made under this section when there 11 6 is a substantial change in circumstances. In determining 11 7 whether there is a substantial change in circumstances, the 11 8 court shall consider the following: 11 9 Sec. 29. Section 598.21, subsection 9, unnumbered 11 10 paragraph 1, Code Supplement 1995, is amended to read as 11 11 follows: 11 12NotwithstandingSubject to 28 U.S.C. } 1738B, but 11 13 notwithstanding subsection 8, a substantial change of 11 14 circumstances exists when the court order for child support 11 15 varies by ten percent or more from the amount which would be 11 16 due pursuant to the most current child support guidelines 11 17 established pursuant to subsection 4 or the obligor has access 11 18 to a health benefit plan, the current order for support does 11 19 not contain provisions for medical support, and the dependents 11 20 are not covered by a health benefit plan provided by the 11 21 obligee, excluding coverage pursuant to chapter 249A or a 11 22 comparable statute of a foreign jurisdiction. 11 23 Sec. 30. Section 600B.31, Code 1995, is amended to read as 11 24 follows: 11 25 600B.31 CONTINUING JURISDICTION. 11 26TheSubject to 28 U.S.C. } 1738B, the court has continuing 11 27 jurisdiction over proceedings brought to compel support and to 11 28 increase or decrease the amount thereof until the judgment of 11 29 the court has been completely satisfied, and also has 11 30 continuing jurisdiction to determine the custody in accordance 11 31 with the interests of the child. 11 32 Sec. 31. Section 600B.34, Code 1995, is amended to read as 11 33 follows: 11 34 600B.34 FOREIGN JUDGMENTS. 11 35TheSubject to 28 U.S.C. } 1738B, the judgment of the court 12 1 of another state rendered in proceedings to compel support of 12 2 a child born out of wedlock, and directing payment either of a 12 3 fixed sum or of sums payable from time to time, may be sued 12 4 upon in this state and made a domestic judgment so far as not 12 5 inconsistent with the laws of this state, and the same 12 6 remedies may thereupon be had upon such judgment as if it had 12 7 been recovered originally in this state. 12 8 Sec. 32. Section 626A.2, Code 1995, is amended to read as 12 9 follows: 12 10 626A.2 FILING AND STATUS OF FOREIGN JUDGMENTS. 12 11 1. A copy of a foreign judgment authenticated in 12 12 accordance with an Act of Congress or the statutes of this 12 13 state may be filed in the office of the clerk of the district 12 14 court of a county of this state which would have venue if the 12 15 original action was being commenced in this state. The clerk 12 16 shall treat the foreign judgment in the same manner as a 12 17 judgment of the district court of this state. A judgment so 12 18 filed has the same effect and is subject to the same 12 19 procedures, defenses and proceedings for reopening, vacating, 12 20 or staying as a judgment of the district court of this state 12 21 and may be enforced or satisfied in like manner. 12 22 2. In a proceeding to enforce a child support order, the 12 23 law of this state shall apply except as follows: 12 24 a. In interpreting a child support order, a court shall 12 25 apply the law of the state of the court that issued the order. 12 26 b. In an action to enforce a child support order, a court 12 27 shall apply the statute of limitations of this state or the 12 28 state of the court that issued the order, whichever statute 12 29 provides the longer period of limitations. 12 30 DIVISION VII 12 31 INTEREST ACCRUAL 12 32 Sec. 33. Section 535.3, Code 1995, is amended to read as 12 33 follows: 12 34 535.3 INTEREST ON JUDGMENTS AND DECREES. 12 35 1. Interest shall be allowed on all money due on judgments 13 1 and decrees of courts at the rate of ten percent per year, 13 2 unless a different rate is fixed by the contract on which the 13 3 judgment or decree is rendered, in which case the judgment or 13 4 decree shall draw interest at the rate expressed in the 13 5 contract, not exceeding the maximum applicable rate permitted 13 6 by the provisions of section 535.2, which rate must be 13 7 expressed in the judgment or decree. The interest shall 13 8 accrue from the date of the commencement of the action, except 13 9 as otherwise provided in subsection 3. 13 10 2. This section does not apply to the award of interest 13 11 for judgments and decrees subject to section 668.13. 13 12 3. Interest on periodic payments for child, spousal, or 13 13 medical support shall not accrue until thirty days after the 13 14 payment becomes due and owing. 13 15 SF 2344 13 16 pf/cc/26
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