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House Amendment 1286

Amendment Text

PAG LIN
  1  1    Amend House File 612 as follows:
  1  2    #1.  Page 31, by inserting after line 31 the
  1  3 following:
  1  4    "Sec. ___.  NEW SECTION.  252B.6A  EXTERNAL
  1  5 SERVICES – OBSTRUCTION OF ACTIONS.
  1  6    1.  Provided that the action is consistent with
  1  7 applicable federal law and regulation, an attorney
  1  8 licensed to practice in this state may, for the
  1  9 purposes of collecting support payments for cases
  1 10 being enforced by the unit for which public assistance
  1 11 is being provided to a dependent child and for which
  1 12 no payment has been made in accordance with an
  1 13 administrative or court order for more than one year
  1 14 from the entering of the order, initiate proceedings
  1 15 to collect the support.
  1 16    2.  The attorney initiating the action shall notify
  1 17 the unit of the action, but shall not be subject to
  1 18 prior consent of the unit, any party to the action, or
  1 19 any other person to initiate the action.
  1 20    3.  The attorney may utilize any existing action or
  1 21 proceeding authorized by law, to enforce the support
  1 22 obligation.
  1 23    4.  All of the following are applicable to an
  1 24 action initiated by an attorney under this section:
  1 25    a.  The attorney has a lien for compensation which
  1 26 is an amount which is thirty-three and one-third
  1 27 percent of any amount collected upon all amounts
  1 28 collected due to the action.
  1 29    b.  The amount paid toward the lien and any court
  1 30 costs incurred are in addition to the amount of the
  1 31 support obligation to be paid under the support order.
  1 32    c.  Negotiation of a partial payment or settlement
  1 33 of any action shall not be made without the approval
  1 34 of the unit.
  1 35    5.  A person who obstructs an action to collect
  1 36 support under this section is subject to a penalty,
  1 37 which is three times the amount of the support order
  1 38 and which is in addition to the amount of the support
  1 39 owed.  Any penalty collected shall be applied equally
  1 40 to the support obligation assigned to the state and to
  1 41 payment of the lien established under this section."
  1 42    #2.  By renumbering as necessary.  
  1 43 
  1 44 
  1 45                               
  1 46 BODDICKER of Cedar
  1 47 HF 612.202 77
  1 48 pf/jj/28
     

Text: H01285                            Text: H01287
Text: H01200 - H01299                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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