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PAG LIN 1 1 DIVISION I 1 2 ATTACHMENT OF RETIREMENT AND DISABILITY BENEFITS 1 3 Section 1. Section 97A.12, Code 1995, is amended to read 1 4 as follows: 1 5 97A.12 EXEMPTION FROM EXECUTION AND OTHER PROCESS OR 1 6 ASSIGNMENT. 1 7 The right of any person to a pension, annuity, or 1 8 retirement allowance, to the return of contributions, the 1 9 pension, annuity, or retirement allowance itself, any optional 1 10 benefit or death benefit, any other right accrued or accruing 1 11 to any person under this chapter, and the moneys in the 1 12 various funds created under this chapter, are not subject to 1 13 execution, garnishment, attachment, or any other process 1 14 whatsoever, and are unassignable except for the purposes of 1 15 enforcing child, spousal, or medical support obligations or as 1 16in this chapterotherwise specifically provided in this 1 17 chapter. For the purposes of enforcing child, spousal, or 1 18 medical support obligations, the garnishment or attachment of 1 19 or the execution against compensation due a person under this 1 20 chapter shall not exceed the amount specified in 15 U.S.C. } 1 21 1673(b). 1 22 Sec. 2. Section 411.13, Code 1995, is amended to read as 1 23 follows: 1 24 411.13 EXEMPTION FROM EXECUTION AND OTHER PROCESS, OR 1 25 ASSIGNMENT. 1 26 The right of any person to a pension, annuity, or 1 27 retirement allowance, to the return of contributions, the 1 28 pension, annuity, or retirement allowance itself, any optional 1 29 benefit or death benefit, any other right accrued or accruing 1 30 to any person under this chapter, and the moneys in the fire 1 31 and police retirement fund created under this chapter, are not 1 32 subject to execution, garnishment, attachment, or any other 1 33 process whatsoever, and are unassignable except for the 1 34 purposes of enforcing child, spousal, or medical support 1 35 obligations or asin this chapterotherwise specifically 2 1 provided in this chapter. For the purposes of enforcing 2 2 child, spousal, or medical support obligations, the 2 3 garnishment or attachment of or the execution against 2 4 compensation due a person under this chapter shall not exceed 2 5 the amount specified in 15 U.S.C. } 1673(b). 2 6 DIVISION II 2 7 REVIEW AND ADJUSTMENT OF SUPPORT ORDERS 2 8 Sec. 3. Section 252H.8, subsection 1, paragraphs a and b, 2 9 Code 1995, are amended by striking the paragraphs. 2 10 Sec. 4. Section 252H.8, subsection 4, unnumbered paragraph 2 11 1, Code 1995, is amended to read as follows: 2 12 If a timely written request for a hearing is received by 2 13 the unitand the granting of the request is not precluded2 14pursuant to subsection 1, a hearing shall be held in district 2 15 court, and the unit shall certify the matter to the district 2 16 court in the county in which the order subject to adjustment 2 17 or modification is filed. The certification shall include the 2 18 following, as applicable: 2 19 Sec. 5. Section 252H.17, subsection 2, Code 1995, is 2 20 amended to read as follows: 2 21 2. A challenge shall be submitted, in writing, to the 2 22 local child support office that issued the notice of decision, 2 23 withinthe following time frames:2 24a. If the notice of decision indicates that an adjustment2 25is not appropriate, a challenge shall be submitted within2 26thirty days of the date of issuance of the notice.2 27b. If the notice of decision indicates that an adjustment2 28is appropriate, a challenge shall be submitted withinten days 2 29 of the issuance of the notice. 2 30 DIVISION III 2 31 SUSPENSION AND REINSTATEMENT OF ORDERS 2 32 Sec. 6. Section 252B.20, subsections 4 and 8, Code 1995, 2 33 are amended to read as follows: 2 34 4. An order suspending an accruing support obligation 2 35 entered by the court pursuant to this section shall be 3 1 considered a temporary order for the period of six months from 3 2 the date of filing of the suspension order. However, the six- 3 3 month period shall not include any time during which an 3 4 application for reinstatement is pending before the court. 3 5 8. If the order suspending a support obligation has been 3 6 on file with the court for a period exceeding six months as 3 7 computed pursuant to subsection 4, the order becomes final by 3 8 operation of law and terminates the support obligation, and 3 9 thereafter, a party seeking to establish a support obligation 3 10 against either party shall bring a new action for support as 3 11 provided by law. 3 12 DIVISION IV 3 13 GENETIC TESTING 3 14 Sec. 7. Section 252F.3, subsection 4, paragraph b, Code 3 15 1995, is amended to read as follows: 3 16 b. If paternity establishment was contested and paternity 3 17 tests conducted, a court hearing on the issue of paternity 3 18 shall be scheduled no earlier than fifty days from the date 3 19 paternity test results are issued to all parties by the unit, 3 20 unless the parties mutually agree to waive the time frame 3 21 pursuant to section255F.8252F.8. 3 22 Sec. 8. Section 252F.3, subsection 6, paragraph d, Code 3 23 1995, is amended to read as follows: 3 24 d. If a paternity test is ordered under this section, the 3 25 administrator shall direct that inherited characteristics,3 26including but not limited to blood types,be analyzed and 3 27 interpreted, and shall appoint an expert qualified as an 3 28 examiner of genetic markers to analyze and interpret the 3 29 results. 3 30 DIVISION V 3 31 DISESTABLISHMENT/REESTABLISHMENT OF PATERNITY 3 32 Sec. 9. Section 598.21, subsection 4A, paragraph c, 3 33 subparagraph (2), unnumbered paragraph 2, Code Supplement 3 34 1995, is amended to read as follows: 3 35 If the court overcomes a prior determination of paternity, 4 1 the previously established father shall be relieved of support 4 2 obligations as specified in section 600B.41A, subsection 4. 4 3 In any action to overcome paternity other than through a 4 4 pending dissolution action, the provisions of section 600B.41A 4 5 apply. Overcoming paternity under this paragraph does not bar 4 6 subsequent actions to establish paternity against the 4 7 previously established father if it is subsequently determined 4 8 that the written statement attesting that the established 4 9 father is not the biological father of the child may have been 4 10 submitted erroneously, and that the person previously 4 11 determined not to be the child's father during the dissolution 4 12 action may actually be the child's biological father. 4 13 DIVISION VI 4 14 INCOME WITHHOLDING 4 15 Sec. 10. Section 252D.2, subsection 2, Code 1995, is 4 16 amended to read as follows: 4 17 2. The payor shall withhold and transmit the amount 4 18 specified in the order or in the child support recovery unit's 4 19 notice of the order of assignment to the clerk of the district 4 20 court until the notice that the motion to quash has been 4 21 granted is received. 4 22 Sec. 11. Section 252D.11, subsection 3, Code 1995, is 4 23 amended to read as follows: 4 24 3. The payor shall withhold and transmit the amount 4 25 specified in the order or in the child support recovery unit's 4 26 notice of the order of assignment to the clerk of the district 4 27 court or the collection services center, as appropriate, until 4 28 the notice that a motion to quash has been granted is 4 29 received. 4 30 Sec. 12. Section 252D.17, unnumbered paragraph 1, Code 4 31 Supplement 1995, is amended to read as follows: 4 32 Thechild support recovery unit or thedistrict court shall 4 33 provide notice by sending a copy of the order for income 4 34 withholding to the obligor's employer, trustee, or other payor 4 35 of income by regular mail, with proof of service completed 5 1 according to rule of civil procedure 82. The child support 5 2 recovery unit shall provide notice of the income withholding 5 3 order by sending a notice of the order to the obligor's 5 4 employer, trustee, or other payor of income by regular mail. 5 5 Proof of service may be completed according to rule of civil 5 6 procedure 82. The order or the child support recovery unit's 5 7 notice of the order may be sent to the employer, trustee, or 5 8 other payor of income on the same date that the order is sent 5 9 to the clerk of court for filing. In addition to the amount 5 10 to be withheld for payment of support, the order or the child 5 11 support recovery unit's notice of the order shall include all 5 12 of the following information regarding the duties of the payor 5 13 in implementing the withholding order: 5 14 Sec. 13. Section 252D.17, subsections 4, 7, 9, and 11, 5 15 Code Supplement 1995, are amended to read as follows: 5 16 4. The income withholding order is binding on an existing 5 17 or future employer, trustee, or other payor ten days after 5 18 receipt of the copy of the order or the child support recovery 5 19 unit's notice of the order, and is binding whether or not the 5 20 copy of the order received is file-stamped. 5 21 7. The payor shall deliver or send a copy of the order or 5 22 the child support recovery unit's notice of the order to the 5 23person named in the orderobligor within one business day 5 24 after receipt of the order or the child support recovery 5 25 unit's notice of the order. 5 26 9. If the payor fails to withhold income in accordance 5 27 with the provisions of the order or the child support recovery 5 28 unit's notice of the order, the payor is liable for the 5 29 accumulated amount which should have been withheld, together 5 30 with costs, interest, and reasonable attorney fees related to 5 31 the collection of the amounts due from the payor. 5 32 11. Any payor who discharges an obligor, refuses to employ 5 33 an obligor, or takes disciplinary action against an obligor 5 34 based upon income withholding is guilty of a simple 5 35 misdemeanor. A withholding order or the child support 6 1 recovery unit's notice of the order has the same force and 6 2 effect as any other district court order, including, but not 6 3 limited to, contempt of court proceedings for noncompliance. 6 4 Sec. 14. Section 252D.18A, unnumbered paragraph 1, Code 6 5 1995, is amended to read as follows: 6 6 When the obligor is responsible for paying more than one 6 7 support obligation and the employer or the income payor has 6 8 received more than one income withholding order or the child 6 9 support recovery unit's notice of an order for the obligor, 6 10 the payor shall withhold amounts in accordance with all of the 6 11 following: 6 12 Sec. 15. Section 252D.18A, subsection 3, paragraph a, Code 6 13 1995, is amended to read as follows: 6 14 a. To arrive at the amount to be withheld for each 6 15 obligee, the payor shall total the amounts due for current 6 16 support under the income withholding orders and the child 6 17 support recovery unit's notices of orders and determine the 6 18 proportionate share for each obligee. The proportionate share 6 19 shall be determined by dividing the amount due for current 6 20 support for each order and the child support recovery unit's 6 21 notice of order by the total due for current support for all 6 22 orders. The results are the percentages of the obligor's net 6 23 income which shall be withheld for each obligee. 6 24 Sec. 16. Section 252D.23, Code Supplement 1995, is amended 6 25 to read as follows: 6 26 252D.23 FILING OF WITHHOLDING ORDER – ORDER EFFECTIVE AS 6 27 DISTRICT COURT ORDER. 6 28 An income withholding order entered by the child support 6 29 recovery unit pursuant to this chapter shall be filed with the 6 30 clerk of the district court. For the purposes of 6 31 demonstrating compliance by the employer, trustee, or other 6 32 payor, the copy of the withholding order or the child support 6 33 recovery unit's notice of the order received, whether or not 6 34 the copy of the order is file-stamped, shall have all the 6 35 force, effect, and attributes of a docketed order of the 7 1 district court including, but not limited to, availability of 7 2 contempt of court proceedings against an employer, trustee, or 7 3 other payor for noncompliance. However, any information 7 4 contained in the income withholding order or the child support 7 5 recovery unit's notice of the order related to the amount of 7 6 the accruing or accrued support obligation which does not 7 7 reflect the correct amount of support due does not modify the 7 8 underlying support judgment. 7 9 Sec. 17. Section 252G.3, subsection 1, paragraph d, Code 7 10 1995, is amended to read as follows: 7 11 d. The address to which income withholding orders or the 7 12 child support recovery unit's notices of orders and 7 13 garnishments should be sent. 7 14 DIVISION VII 7 15 FULL FAITH AND CREDIT OF CHILD SUPPORT ORDERS 7 16 Sec. 18. Section 252A.3, subsection 8, Code 1995, is 7 17 amended by striking the subsection. 7 18 Sec. 19. NEW SECTION. 252A.4A CHOICE OF LAW. 7 19 In a proceeding to establish, modify, or enforce a child 7 20 support order the forum state's law shall apply except as 7 21 follows: 7 22 1. In interpreting a child support order, a court shall 7 23 apply the law of the state of the court or administrative 7 24 agency that issued the order. 7 25 2. In an action to enforce a child support order, a court 7 26 shall apply the statute of limitations of the forum state or 7 27 the state of the court or administrative agency that issued 7 28 the order, whichever statute provides the longer period of 7 29 limitations. 7 30 Sec. 20. Section 252A.5, unnumbered paragraph 1, Code 7 31 1995, is amended to read as follows: 7 32AUnless prohibited pursuant to section 252A.20, a 7 33 proceeding to compel support of a dependent may be maintained 7 34 under this chapter in any of the following cases: 7 35 Sec. 21. Section 252A.6, subsection 15, Code 1995, is 8 1 amended to read as follows: 8 2 15.AnyExcept as provided in section 252A.20, any order 8 3 of support issued by a court of the state acting as a 8 4 responding state shall not supersede any previous order of 8 5 support issued in a divorce or separate maintenance action, 8 6 but the amounts for a particular period paid pursuant to 8 7 either order shall be credited against amounts accruing or 8 8 accrued for the same period under both. This subsection also 8 9 applies to orders entered following an administrative process 8 10 including, but not limited to, the administrative processes 8 11 provided pursuant to chapters 252C and 252F. 8 12 Sec. 22. Section 252A.6, Code 1995, is amended by adding 8 13 the following new subsection: 8 14 NEW SUBSECTION. 17. A court or administrative agency of a 8 15 state that has issued a child support order consistent with 28 8 16 U.S.C. } 1738B has continuing, exclusive jurisdiction over the 8 17 order if the state is the state in which the child is residing 8 18 or the state is the residence of the petitioner or respondent 8 19 unless the court or administrative agency of another state, 8 20 acting in accordance with 28 U.S.C. } 1738B, has modified the 8 21 order. 8 22 Sec. 23. Section 252A.8, Code 1995, is amended to read as 8 23 follows: 8 24 252A.8 ADDITIONAL REMEDIES. 8 25ThisUnless otherwise provided pursuant to 28 U.S.C. } 8 26 1738B, this chapter shall be construed to furnish an 8 27 additional or alternative civil remedy and shall in no way 8 28 affect or impair any other remedy, civil or criminal, provided 8 29 in any other statute and available to the petitioner in 8 30 relation to the same subject matter. 8 31 Sec. 24. Section 252A.19, subsection 1, Code 1995, is 8 32 amended to read as follows: 8 33 1. Upon registration of theregisteredforeign support 8 34 ordershall be treated in the same manner as a support order8 35issued by a court of this state. The order shall have the9 1same effect and shall be subject to the same procedures,9 2defenses, and proceedings for reopening, vacating, or staying9 3as a support order of this state and may be enforced and9 4satisfied in like manner., both of the following shall apply: 9 5 a. The order is enforceable in the same manner and is 9 6 subject to the same enforcement procedures as a support order 9 7 issued by a court of this state. 9 8 b. The order may be modified only as provided in section 9 9 252A.20. 9 10 Sec. 25. Section 252A.20, Code 1995, is amended to read as 9 11 follows: 9 12 252A.20 MODIFICATION OR ADJUSTMENT OF A REGISTERED FOREIGN 9 13 SUPPORT ORDER AND OF AN IOWA ORDER REGISTERED IN A FOREIGN 9 14 JURISDICTION. 9 15 1. An order which has been registered in a court of this 9 16 state pursuant to section 252A.18 may be modified or adjusted 9 17 following registration,subject to allif one of the following 9 18 applies: 9 19 a.The modification or adjustment of the order does not9 20affect the underlying judgment in the foreign jurisdiction,9 21unless provided pursuant to the statute of the foreign9 22jurisdiction.The court of the rendering state no longer has 9 23 continuing, exclusive jurisdiction of the order because that 9 24 state no longer is the residence of the child or the 9 25 petitioner or respondent. 9 26 b.The modification or adjustment of the underlying9 27judgment by a foreign jurisdiction does not affect the9 28registered order in this state unless confirmed by a court of9 29this state.The petitioner and respondent have filed a 9 30 written statement with a court of the state in which the order 9 31 is registered consenting to the court's determination of the 9 32 modification and assumption of continuing, exclusive 9 33 jurisdiction over the order. 9 34 2. A support order issued in a court of this state may be 9 35 registered in a foreign jurisdiction and, following 10 1 registration, may be modified or adjustedsubject to the10 2followingif either of the following applies: 10 3 a.The modification or adjustment of the registered order10 4by a foreign jurisdiction does not affect the underlying10 5judgment in this state unless confirmed by a court of this10 6state.The court of this state no longer has continuing, 10 7 exclusive jurisdiction of the order because this state no 10 8 longer is the residence of the child, or of the petitioner or 10 9 respondent. 10 10 b.The modification or adjustment of the underlying10 11judgment by a court of this state following registration in a10 12foreign jurisdiction does not affect the registered order10 13unless provided by the statute of the foreign jurisdiction.10 14 The petitioner and respondent have filed a written statement 10 15 with a court of the state in which the order is registered 10 16 consenting to that court's determination of modification and 10 17 assumption of continuing, exclusive jurisdiction over the 10 18 order. 10 19 3. A court or administrative agency of a state that no 10 20 longer has continuing, exclusive jurisdiction of a child 10 21 support order may enforce the order with respect to non- 10 22 modifiable obligations and unsatisfied obligations that 10 23 accrued before the date on which a modification of the order 10 24 is made under this section. 10 25 4. Issues related to visitation, custody, or other 10 26 provisions not related to the support provisions of a support 10 27 order shall not be grounds for a hearing, modification, 10 28 adjustment, or other action under this chapter. 10 29 Sec. 26. Section 252E.4, subsection 1, Code 1995, is 10 30 amended to read as follows: 10 31 1. When a support order requires an obligor to provide 10 32 coverage under a health benefit plan, the district court or 10 33 the department may enter an ex parte order directing an 10 34 employer to take all actions necessary to enroll an obligor's 10 35 dependent for coverage under a health benefit plan. The 11 1 department may amend the information in the ex parte order 11 2 regarding health insurance provisions if necessary to comply 11 3 with health insurance requirements including but not limited 11 4 to the provisions of section 252E.2, subsection 2. 11 5 Sec. 27. Section 252E.13, subsections 1 and 3, Code 1995, 11 6 are amended to read as follows: 11 7 1.WhenSubject to 28 U.S.C. } 1738B, when high potential 11 8 for obtaining medical support exists, the obligee or the 11 9 department may petition for a modification of the obligor's 11 10 support order to include medical support or a monetary amount 11 11 for medical support pursuant to this chapter. 11 12 3.TheSubject to 28 U.S.C. } 1738B, the department may 11 13 amend information concerning the provisions regarding health 11 14 benefits in a court or administrative order, if necessary to11 15comply with section 252E.2, subsection 2,if notice of the 11 16 amendment is provided to the court and to the parties to the 11 17 order and if the amendment is filed with the clerk of court. 11 18 Sec. 28. NEW SECTION. 598.2A CHOICE OF LAW. 11 19 In a proceeding to establish, modify, or enforce a child 11 20 support order the forum state's law shall apply except as 11 21 follows: 11 22 1. In interpreting a child support order, a court shall 11 23 apply the law of the state of the court or administrative 11 24 agency that issued the order. 11 25 2. In an action to enforce a child support order, a court 11 26 shall apply the statute of limitations of the forum state or 11 27 the state of the court or administrative agency that issued 11 28 the order, whichever statute provides the longer period of 11 29 limitations. 11 30 Sec. 29. Section 598.14, unnumbered paragraph 2, Code 11 31 1995, is amended to read as follows: 11 32AfterSubject to 28 U.S.C. } 1738B, after notice and 11 33 hearing subsequent changes in temporary orders may be made by 11 34 the court on application of either party demonstrating a 11 35 substantial change in the circumstances occurring subsequent 12 1 to the issuance of such order. If the order is not so 12 2 modified it shall continue in force and effect until the 12 3 action is dismissed or a decree is entered dissolving the 12 4 marriage. 12 5 Sec. 30. Section 598.21, subsection 8, unnumbered 12 6 paragraph 1, Code Supplement 1995, is amended to read as 12 7 follows: 12 8TheSubject to 28 U.S.C. } 1738B, the court may 12 9 subsequently modify orders made under this section when there 12 10 is a substantial change in circumstances. In determining 12 11 whether there is a substantial change in circumstances, the 12 12 court shall consider the following: 12 13 Sec. 31. Section 598.21, subsection 9, unnumbered 12 14 paragraph 1, Code Supplement 1995, is amended to read as 12 15 follows: 12 16NotwithstandingSubject to 28 U.S.C. } 1738B, but 12 17 notwithstanding subsection 8, a substantial change of 12 18 circumstances exists when the court order for child support 12 19 varies by ten percent or more from the amount which would be 12 20 due pursuant to the most current child support guidelines 12 21 established pursuant to subsection 4 or the obligor has access 12 22 to a health benefit plan, the current order for support does 12 23 not contain provisions for medical support, and the dependents 12 24 are not covered by a health benefit plan provided by the 12 25 obligee, excluding coverage pursuant to chapter 249A or a 12 26 comparable statute of a foreign jurisdiction. 12 27 Sec. 32. Section 600B.31, Code 1995, is amended to read as 12 28 follows: 12 29 600B.31 CONTINUING JURISDICTION. 12 30TheSubject to 28 U.S.C. } 1738B, the court has continuing 12 31 jurisdiction over proceedings brought to compel support and to 12 32 increase or decrease the amount thereof until the judgment of 12 33 the court has been completely satisfied, and also has 12 34 continuing jurisdiction to determine the custody in accordance 12 35 with the interests of the child. 13 1 Sec. 33. Section 600B.34, Code 1995, is amended to read as 13 2 follows: 13 3 600B.34 FOREIGN JUDGMENTS. 13 4TheSubject to 28 U.S.C. } 1738B, the judgment of the court 13 5 of another state rendered in proceedings to compel support of 13 6 a child born out of wedlock, and directing payment either of a 13 7 fixed sum or of sums payable from time to time, may be sued 13 8 upon in this state and made a domestic judgment so far as not 13 9 inconsistent with the laws of this state, and the same 13 10 remedies may thereupon be had upon such judgment as if it had 13 11 been recovered originally in this state. 13 12 Sec. 34. Section 626A.2, Code 1995, is amended to read as 13 13 follows: 13 14 626A.2 FILING AND STATUS OF FOREIGN JUDGMENTS. 13 15 1. A copy of a foreign judgment authenticated in 13 16 accordance with an Act of Congress or the statutes of this 13 17 state may be filed in the office of the clerk of the district 13 18 court of a county of this state which would have venue if the 13 19 original action was being commenced in this state. The clerk 13 20 shall treat the foreign judgment in the same manner as a 13 21 judgment of the district court of this state. A judgment so 13 22 filed has the same effect and is subject to the same 13 23 procedures, defenses and proceedings for reopening, vacating, 13 24 or staying as a judgment of the district court of this state 13 25 and may be enforced or satisfied in like manner. 13 26 2. In a proceeding to enforce a child support order, the 13 27 law of this state shall apply except as follows: 13 28 a. In interpreting a child support order, a court shall 13 29 apply the law of the state of the court that issued the order. 13 30 b. In an action to enforce a child support order, a court 13 31 shall apply the statute of limitations of this state or the 13 32 state of the court that issued the order, whichever statute 13 33 provides the longer period of limitations. 13 34 EXPLANATION 13 35 This bill includes a number of provisions relating to child 14 1 support enforcement. 14 2 Division I of the bill provides that retirement and 14 3 disability benefits provided for public safety peace officers, 14 4 police officers, and fire fighters pursuant to chapters 97A 14 5 and 411 are subject to execution, garnishment, attachment, or 14 6 other process for the purposes of enforcement of a child, 14 7 spousal, or medical support obligation. A similar provision 14 8 currently applies to the Iowa public employees' retirement 14 9 system (IPERS) pursuant to section 97B.39, unemployment 14 10 compensation pursuant to section 96.3, and workers' 14 11 compensation pursuant to section 627.13. 14 12 Division II provides that in administrative review and 14 13 adjustment proceedings, whether or not a review of a child 14 14 support order results in a determination that the order should 14 15 be adjusted, a party may challenge the determination and 14 16 request a court hearing within 30 days of the issuance of the 14 17 notice of decision or within 10 days of the second notice of 14 18 decision, and if a court hearing is requested, it will be 14 19 granted, notwithstanding that the determination was that the 14 20 order should not be adjusted. 14 21 Division III provides that if a child support order which 14 22 is being enforced by the child support recovery unit (CSRU) is 14 23 suspended due to reconciliation of the parents, or due to 14 24 other criteria established in section 252B.20, the six-month 14 25 period required before the suspension becomes final shall not 14 26 include any time during which an application to reinstate the 14 27 order is pending. 14 28 Division IV eliminates the requirement that blood types be 14 29 tested in administrative paternity determinations in which 14 30 paternity tests are ordered, and corrects an internal 14 31 reference. 14 32 Division V provides that if, during a dissolution of 14 33 marriage proceeding, a father is disestablished as the father 14 34 of a child of the marriage, a subsequent action to establish 14 35 the previously disestablished father as the father of the 15 1 child is not precluded if it is subsequently determined that 15 2 the statement of the father attesting to nonpaternity was 15 3 submitted erroneously and that the father may be the 15 4 biological father. 15 5 Division VI provides that the CSRU may send a notice of the 15 6 order for income withholding, and not a copy of the order 15 7 itself, to a payor of income by regular mail. 15 8 Division VII provides changes which effect full faith and 15 9 credit of child support orders in compliance with the federal 15 10 requirements established in 28 U.S.C. } 1738B. The new 15 11 language specifies which state law applies when orders from 15 12 other states are enforced and precludes intervention by Iowa 15 13 courts and administrative agencies in modifying orders 15 14 established in other states under specific conditions. 15 15 BACKGROUND STATEMENT 15 16 SUBMITTED BY THE AGENCY 15 17 This bill includes changes in seven areas related to child 15 18 support. The bill will have no measurable impact on costs or 15 19 revenues because these changes involve clarifications of 15 20 existing law, corrections to Iowa Code due to federal law 15 21 changes, and minor changes to enable the child support 15 22 recovery unit (CSRU) to operate more efficiently with the 15 23 growing caseload. 15 24 The department of human services is not proposing major 15 25 program enhancements at this time because of the welfare 15 26 reform legislation pending before congress. The department of 15 27 human services anticipates that if congress and the president 15 28 act on welfare reform during Iowa's 1996 legislative session, 15 29 the department of human services will have to prepare 15 30 additional proposals during the session, depending on the 15 31 child support provisions contained in newly enacted federal 15 32 law. 15 33 This limited package involves four proposals dealing with 15 34 the establishment or modification of paternity and child 15 35 support, two proposals pertaining to the enforcement of those 16 1 orders, and one proposal including amendments to child support 16 2 establishment, modification, and enforcement provisions 16 3 because of a comprehensive change in federal law. 16 4 DIVISION I 16 5 This division makes changes to current law to specify that 16 6 the retirement and disability benefits of public safety peace 16 7 officers, police officers, and fire fighters are subject to 16 8 attachment for child, medical, and spousal support orders in 16 9 the same way as IPERS benefits are subject to attachment. 16 10 Iowa case law provides that fire fighters' pensions are 16 11 subject to legal process for support, but this is not 16 12 currently reflected in statute. 16 13 DIVISION II 16 14 This division provides that in administrative review and 16 15 adjustment proceedings, regardless of whether a review of a 16 16 child support order indicates that an adjustment is 16 17 appropriate, a party may challenge the determination of the 16 18 local child support unit within 10 days of the issuance of the 16 19 notice of decision. Currently, different time frames for 16 20 challenging a decision are based upon whether an adjustment is 16 21 indicated or not. If a court hearing is requested, the 16 22 hearing will be granted, notwithstanding a determination that 16 23 the order not be adjusted. 16 24 DIVISION III 16 25 This division provides that the six-month period following 16 26 the entry of a suspension order, which is required before the 16 27 order becomes final, is stayed during the time an application 16 28 for reinstatement filed by the CSRU is pending before the 16 29 court. Current law provides that if a support order is 16 30 suspended because the parents have reconciled or the child 16 31 lives with the obligor, the suspension becomes permanent if 16 32 not reinstated within six months and the CSRU must go through 16 33 the entire process to reestablish an order. This division 16 34 provides the court and CSRU adequate time to obtain a 16 35 reinstatement order once the application for reinstatement has 17 1 been filed. 17 2 DIVISION IV 17 3 This division provides that genetic tests can be used in an 17 4 administrative establishment of paternity process in lieu of 17 5 blood tests. In 1995 the general assembly amended section 17 6 600B.41, allowing the use of nonblood tissue for genetic 17 7 testing to determine paternity in court proceedings. This 17 8 division allows the same procedures for administrative 17 9 establishment of paternity. 17 10 DIVISION V 17 11 This division provides that if a husband is disestablished 17 12 as the father of a child in a dissolution action, an action 17 13 may be brought subsequently to establish the previously 17 14 disestablished father as the father. 17 15 DIVISION VI 17 16 This division provides that when the CSRU notifies an 17 17 employer to implement income withholding, the CSRU shall send 17 18 a notice by regular mail containing all required information 17 19 regarding withholding, but shall no longer include a photocopy 17 20 of the order. This change will reduce the amount of paperwork 17 21 employers receive and allow the CSRU to implement income 17 22 withholding more quickly. 17 23 DIVISION VII 17 24 Current Iowa Code sections contain provisions which have 17 25 been superseded by federal law and, therefore, no longer 17 26 accurately state the controlling law. 17 27 The bill repeals or amends language which has been super- 17 28 seded by 28 U.S.C. } 1738B, prohibits Iowa from modifying 17 29 another state's order unless certain requirements are met, 17 30 prohibits prospective enforcement of Iowa orders if they have 17 31 been modified by another state in conformance with the federal 17 32 law, prohibits Iowa courts and administrative agencies from 17 33 modifying Iowa orders once all contestants have left Iowa, and 17 34 specifies which state's law applies in dealing with the other 17 35 state's orders. 18 1 LSB 3296DP 76 18 2 pf/jw/5.1
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