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House Amendment 1318

Amendment Text

PAG LIN
  1  1    Amend House File 612, as follows:
  1  2    #1.  Page 44, by inserting after line 11 the
  1  3 following:
  1  4    "Sec. ___.  Section 252C.3, subsection 1, paragraph
  1  5 f, and subsection 5, Code 1997, are amended to read as
  1  6 follows:
  1  7    f.  A statement that, as soon as the order is
  1  8 entered, unless the responsible person requests
  1  9 judicial review of the financial responsibility order
  1 10 pursuant to section 252C.5, the property of the
  1 11 responsible person is subject to collection action,
  1 12 including but not limited to wage withholding,
  1 13 garnishment, attachment of a lien, and execution.
  1 14    5.  The responsible person shall be sent a copy of
  1 15 the order by regular mail addressed to the responsible
  1 16 person's last known address, or if applicable, to the
  1 17 last known address of the responsible person's
  1 18 attorney.  The Unless the responsible person requests
  1 19 judicial review pursuant to section 252C.5, the order
  1 20 is final, and action by the administrator to enforce
  1 21 and collect upon the order, including arrearages and
  1 22 medical support, or both, may be taken from the date
  1 23 of issuance of the order.
  1 24    Sec.    .  Section 252C.4, subsection 6, Code 1997,
  1 25 is amended to read as follows:
  1 26    6.  Actions initiated by the administrator under
  1 27 this chapter, with the exception of an action
  1 28 requesting judicial review of a financial
  1 29 responsibility order pursuant to section 252C.5, are
  1 30 not subject to chapter 17A and resulting court
  1 31 hearings following certification shall be an original
  1 32 hearing before the district court.
  1 33    Sec. ___.  Section 252C.5, Code 1997, is amended to
  1 34 read as follows:
  1 35    252C.5  FILING AND DOCKETING OF FINANCIAL
  1 36 RESPONSIBILITY ORDER – ORDER EFFECTIVE AS DISTRICT
  1 37 COURT DECREE.
  1 38    1.  A true copy of any order entered by the
  1 39 administrator pursuant to this chapter, along with a
  1 40 true copy of the return of service, if applicable, may
  1 41 be filed in the office of the clerk of the district
  1 42 court in the manner established pursuant to section
  1 43 252C.4, subsection 1.
  1 44    2.  The administrator's order shall be presented,
  1 45 ex parte, to the district court for review and
  1 46 approval and the administrator shall serve notice of
  1 47 the presentation of the order to the responsible
  1 48 person in accordance with the rules of civil
  1 49 procedure.  Unless defects appear on the face of the
  1 50 order or on the attachments, or unless the responsible
  2  1 person requests judicial review of the financial
  2  2 responsibility order, the district court shall approve
  2  3 the order.  The approved order shall have all the
  2  4 force, effect, and attributes of a docketed order or
  2  5 decree of the district court.
  2  6    3.  A responsible person may request judicial
  2  7 review of a financial responsibility order presented
  2  8 by the administrator under this section, within forty-
  2  9 five days after being served notice pursuant to
  2 10 subsection 2.  If the responsible person timely
  2 11 requests judicial review of the administrator's order,
  2 12 enforcement of the order shall be stayed until
  2 13 judicial review is completed.  Judicial review shall
  2 14 determine if the amount of support established in the
  2 15 financial responsibility order is appropriate under
  2 16 the circumstances of the individual case and pursuant
  2 17 to section 598.21, subsection 4, and chapter 252E.  If
  2 18 the court determines that the amount of support is
  2 19 appropriate, the administrator's order shall be
  2 20 approved by the court.  If the court determines that
  2 21 the amount of support is not appropriate, the court
  2 22 shall establish the amount of support pursuant to
  2 23 section 598.21, subsection 4, and chapter 252E.  If
  2 24 the court establishes the amount of support, the
  2 25 responsible person shall not be subject to payment of
  2 26 any amount which has accrued from the time that the
  2 27 notice was served under subsection 2 which is the
  2 28 difference between the amount under the
  2 29 administrator's order and the amount established by
  2 30 the court.
  2 31    3. 4.  Upon filing or upon completion of judicial
  2 32 review, the clerk shall enter the order in the
  2 33 judgment docket."
  2 34    #2.  By renumbering as necessary.  
  2 35 
  2 36 
  2 37                               
  2 38 HEATON of Henry
  2 39 
  2 40 
  2 41                               
  2 42 LAMBERTI of Polk
  2 43 HF 612.204 77
  2 44 pf/jj/28
     

Text: H01317                            Text: H01319
Text: H01300 - H01399                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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