Text: H01327 Text: H01329 Text: H01300 - H01399 Text: H Index Bills and Amendments: General Index Bill History: General Index
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 and available to a
1 22 private attorney or obligee, to enforce the support
1 23 obligation.
1 24 4. All of the following are applicable to an
1 25 action initiated by an attorney under this section:
1 26 a. The attorney has a lien for compensation which
1 27 is an amount equal to thirty-three and one-third
1 28 percent of any amount 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. An obligor or payor of income who obstructs an
1 36 action to collect support under this section is
1 37 subject to a penalty, which is three times the amount
1 38 of the support order and which is in addition to the
1 39 amount of the support owed. The attorney shall reduce
1 40 this amount to a judgment which may be collected
1 41 through any action or proceeding available to a
1 42 private attorney. Any penalty collected shall be
1 43 applied equally to the support obligation assigned to
1 44 the state and to payment of the lien established under
1 45 this section."
1 46 #2. By renumbering as necessary.
1 47
1 48
1 49
1 50 BODDICKER of Cedar
2 1 HF 612.209 77
2 2 pf/jj/28
Text: H01327 Text: H01329 Text: H01300 - H01399 Text: H Index Bills and Amendments: General Index Bill History: General Index
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