Text: H01794 Text: H01796 Text: H01700 - H01799 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 612 as amended, passed, and 1 2 reprinted by the House, as follows: 1 3 #1. By striking page 26, line 27, through page 27, 1 4 line 7, and inserting the following: "amended by 1 5 striking the subsection." 1 6 #2. Page 27, line 30, by inserting after the word 1 7 "methods." the following: "The department shall 1 8 utilize, to the maximum extent possible, every 1 9 available automated process to collect support 1 10 payments prior to referral of a case to a private 1 11 collection agency." 1 12 #3. By inserting after page 31, line 22 the 1 13 following: 1 14 "Sec. . NEW SECTION. 252B.6A EXTERNAL 1 15 SERVICES. 1 16 1. Provided that the action is consistent with 1 17 applicable federal law and regulation, an attorney 1 18 licensed in this state shall receive compensation as 1 19 provided in this section for support collected as the 1 20 direct result of a judicial proceeding maintained by 1 21 the attorney, if all of the following apply to the 1 22 case: 1 23 a. The unit is providing services under this 1 24 chapter. 1 25 b. The current support obligation is terminated 1 26 and only arrearages are due under an administrative or 1 27 court order and there has been no payment under the 1 28 order for at least the twelve-month period prior to 1 29 the provision of notice to the unit by the attorney 1 30 under this section. 1 31 c. Support is assigned to the state based upon 1 32 cash assistance paid under chapter 239, or its 1 33 successor. 1 34 d. The attorney has provided written notice to the 1 35 central office of the unit and to the obligee at the 1 36 last known address of the obligee of the intent to 1 37 initiate a specified judicial proceeding, at least 1 38 thirty days prior to initiating the proceeding. 1 39 e. The attorney has provided documentation to the 1 40 unit that the attorney is insured against loss caused 1 41 by the attorney's legal malpractice or acts or 1 42 omissions of the attorney which result in loss to the 1 43 state or other person. 1 44 f. The collection is received by the collection 1 45 services center within ninety days of provision of the 1 46 notice to the unit. An attorney may provide 1 47 subsequent notices to the unit to extend the time for 1 48 receipt of the collection by subsequent ninety-day 1 49 periods. 1 50 2. a. If, prior to February 15, 1998, notice is 2 1 provided pursuant to subsection 1 to initiate a 2 2 specific judicial proceeding, this section shall not 2 3 apply to the proceeding unless the unit consents to 2 4 the proceeding. 2 5 b. (1) If, on or after February 15, 1998, notice 2 6 is provided pursuant to subsection 1 to initiate a 2 7 specific judicial proceeding, this section shall apply 2 8 to the proceeding only if the case is exempt from 2 9 application of rules adopted by the department 2 10 pursuant to subparagraph (2) which limit application 2 11 of this section. 2 12 (2) The department shall adopt rules which 2 13 include, but are not limited to, exemption from 2 14 application of this section to proceedings based upon, 2 15 but not limited to, any of the following: 2 16 (a) A finding of good cause pursuant to section 2 17 252B.3. 2 18 (b) The existence of a support obligation due 2 19 another state based upon public assistance provided by 2 20 that state. 2 21 (c) The maintaining of another proceeding by an 2 22 attorney under this section for which the unit has not 2 23 received notice that the proceeding has concluded or 2 24 the ninety-day period during which a collection may be 2 25 received pertaining to the same case has not yet 2 26 expired. 2 27 (d) The initiation of a seek employment action 2 28 under section 252B.21, and the notice from the 2 29 attorney indicates that the attorney intends to pursue 2 30 a contempt action. 2 31 (e) Any other basis for exemption of a specified 2 32 proceeding designated by rule which relates to 2 33 collection and enforcement actions provided by the 2 34 unit. 2 35 3. The unit shall issue a response to the attorney 2 36 providing notice within ten days of receipt of the 2 37 notice. The response shall advise the attorney 2 38 whether the case to which the specified judicial 2 39 proceeding applies meets the requirements of this 2 40 section. 2 41 4. For the purposes of this section, a "judicial 2 42 proceeding" means an action to enforce support filed 2 43 with a court of competent jurisdiction in which the 2 44 court issues an order which identifies the amount of 2 45 the support collection which is a direct result of the 2 46 court proceeding. "Judicial proceedings" include but 2 47 are not limited to those pursuant to chapters 598, 2 48 626, 633, 642, 654, or 684 and also include contempt 2 49 proceedings if the collection payment is identified in 2 50 the court order as the result of such a proceeding. 3 1 "Judicial proceedings" do not include enforcement 3 2 actions which the unit is required to implement under 3 3 federal law including, but not limited to, income 3 4 withholding. 3 5 5. All of the following are applicable to a 3 6 collection which is the result of a judicial 3 7 proceeding which meets the requirements of this 3 8 section: 3 9 a. All payments made as the result of a judicial 3 10 proceeding under this section shall be made to the 3 11 clerk of the district court or to the collection 3 12 services center and shall not be made to the attorney. 3 13 Payments received by the clerk of the district court 3 14 shall be forwarded to the collection services center 3 15 as provided in section 252B.15. 3 16 b. The attorney shall be entitled to receive an 3 17 amount which is equal to twenty-five percent of the 3 18 support collected as the result of the specified 3 19 judicial proceeding not to exceed the amount of the 3 20 nonfederal share of assigned support collected as the 3 21 result of that proceeding. The amount paid under this 3 22 paragraph is the full amount of compensation due the 3 23 attorney for a proceeding under this section and is in 3 24 lieu of any attorney fees. The court shall not order 3 25 the obligor to pay additional attorney fees. The 3 26 amount of compensation calculated by the unit is 3 27 subject, upon application of the attorney, to judicial 3 28 review. 3 29 c. Any support collected shall be disbursed in 3 30 accordance with federal requirements and any support 3 31 due the obligee shall be disbursed to the obligee 3 32 prior to disbursement to the attorney as compensation. 3 33 d. The collection services center shall disburse 3 34 compensation due the attorney only from the nonfederal 3 35 share of assigned collections. The collection 3 36 services center shall not disburse any compensation 3 37 for court costs. 3 38 e. The unit may delay disbursement to the attorney 3 39 pending the resolution of any timely appeal by the 3 40 obligor or obligee. 3 41 f. Negotiation of a partial payment or settlement 3 42 for support shall not be made without the approval of 3 43 the unit and the obligee, as applicable. 3 44 6. The attorney initiating a judicial proceeding 3 45 under this section shall notify the unit when the 3 46 judicial proceeding is completed. 3 47 7. a. An attorney who initiates a judicial 3 48 proceeding under this section represents the state for 3 49 the sole and limited purpose of collecting support to 3 50 the extent provided in this section. 4 1 b. The attorney is not an employee of the state 4 2 and has no right to any benefit or compensation other 4 3 than as specified in this section. 4 4 c. The state is not liable or subject to suit for 4 5 any acts or omissions resulting in any damages as a 4 6 consequence of the attorney's acts or omissions under 4 7 this section. 4 8 d. The attorney shall hold the state harmless from 4 9 any act or omissions of the attorney which may result 4 10 in any penalties or sanctions, including those imposed 4 11 under federal bankruptcy laws, and the state may 4 12 recover any penalty or sanction imposed by offsetting 4 13 any compensation due the attorney under this section 4 14 for collections received as a result of any judicial 4 15 proceeding initiated under this section. 4 16 e. The attorney initiating a proceeding under this 4 17 section does not represent the obligor. 4 18 8. The unit shall comply with all state and 4 19 federal laws regarding confidentiality. The unit may 4 20 release to an attorney who has provided notice under 4 21 this section, information regarding child support 4 22 balances due, to the extent provided under such laws. 4 23 9. This section shall not be interpreted to 4 24 prohibit the unit from providing services or taking 4 25 other actions to enforce support as provided under 4 26 this chapter." 4 27 #4. Page 35, by striking lines 14 through 21 and 4 28 inserting the following: "subject to a penalty of one 4 29 hundred dollars per refusal." 4 30 #5. Page 35, by striking lines 23 through 27 and 4 31 inserting the following: "subpoena, fails to request 4 32 a conference, and fails to pay a fine imposed under 4 33 subparagraph (4), the unit may petition the district 4 34 court to compel the person to comply with this 4 35 paragraph. If the person objects to imposition of the 4 36 fine, the person may seek judicial review by the 4 37 district court." 4 38 #6. Page 41, by inserting after line 11 the 4 39 following: 4 40 "Sec. ___. Section 252B.14, subsection 3, Code 4 41 1997, is amended to read as follows: 4 42 3. For a support order as to which subsection 2 4 43 does not apply, support payments made pursuant to the 4 44 order shall be directed to and disbursed by the clerk 4 45 of the district court in the county in which the order 4 46 for support is filed. The clerk of the district court 4 47 may require the obligor to submit payments by bank 4 48 draft or money order if the obligor submits an 4 49 insufficient funds support payment to the clerk of the 4 50 district court." 5 1 #7. Page 46, by striking lines 24 through 26 and 5 2 inserting the following: "the unpaid difference 5 3 between the amount under the approved order and the 5 4 amount under the order of the court on appeal is 5 5 satisfied." 5 6 #8. By striking page 115, line 21, through page 5 7 116, line 28. 5 8 #9. Page 119, by striking lines 31 through 33 and 5 9 inserting the following: 5 10 "NEW SUBSECTION. 5A. The court may order a 5 11 postsecondary education subsidy if good cause is 5 12 shown. 5 13 a. In determining whether good cause exists for 5 14 ordering a postsecondary education subsidy, the court 5 15 shall consider the age of the child, the ability of 5 16 the child relative to postsecondary education, the 5 17 child's financial resources, whether the child is 5 18 self-sustaining, and the financial condition of each 5 19 parent. If the court determines that good cause is 5 20 shown for ordering a postsecondary education subsidy, 5 21 the court shall determine the amount of subsidy as 5 22 follows: 5 23 (1) The court shall determine the cost of 5 24 postsecondary education based upon the cost of 5 25 attending an in-state public institution for a course 5 26 of instruction leading to an undergraduate degree and 5 27 shall include the reasonable costs for only necessary 5 28 postsecondary education expenses. 5 29 (2) The court shall then determine the amount, if 5 30 any, which the child may reasonably be expected to 5 31 contribute, considering the child's financial 5 32 resources, including but not limited to the 5 33 availability of financial aid whether in the form of 5 34 scholarships, grants, or student loans, and the 5 35 ability of the child to earn income while attending 5 36 school. 5 37 (3) The child's expected contribution shall be 5 38 deducted from the cost of postsecondary education and 5 39 the court shall apportion responsibility for the 5 40 remaining cost of postsecondary education to each 5 41 parent on a pro rata basis, in accordance with each 5 42 parent's income. 5 43 b. A postsecondary education subsidy shall be 5 44 payable to the child, to the educational institution, 5 45 or to both, but shall not be payable to the custodial 5 46 parent. 5 47 c. A postsecondary education subsidy shall not be 5 48 awarded if the child has disenfranchised the parent by 5 49 publicly disowning the parent, refusing to acknowledge 5 50 the parent, or by acting in a similar manner. 6 1 d. Unless otherwise specified by the parties, a 6 2 postsecondary education subsidy awarded by the court 6 3 shall be terminated upon the child's completion of the 6 4 first calendar year of course instruction if the child 6 5 fails to maintain a cumulative grade point average in 6 6 the median range or above during that first calendar 6 7 year." 6 8 #10. Page 120, by striking lines 1 through 16 and 6 9 inserting the following: "the residence of the minor 6 10 child to another state, the court shall modify the 6 11 order to preserve, as nearly as possible, the existing 6 12 relationship between the nonrelocating parent and the 6 13 minor child. If modified, the order shall, at a 6 14 minimum, include a provision for extended". 6 15 #11. Page 125, by inserting after line 15 the 6 16 following: 6 17 "The clerk of the district court in the county in 6 18 which the order for support is filed and to whom 6 19 support payments are made pursuant to the order may 6 20 require the person obligated to pay support to submit 6 21 payments by bank draft or money order if the obligor 6 22 submits an insufficient funds support payment to the 6 23 clerk of the district court." 6 24 #12. Page 127, by striking lines 2 through 11. 6 25 #13. By striking page 128, line 22, through page 6 26 130, line 5 and inserting the following: 6 27 "Sec. ___. EFFECTIVE DATE. Section 187, being 6 28 deemed of immediate importance, takes effect upon 6 29 enactment." 6 30 #14. Page 136, by striking lines 19 through 31 and 6 31 inserting the following: 6 32 "Sec. 216. Section 600B.41A, subsections 4 and 6, 6 33 Code 1997, are amended by striking the subsections and 6 34 inserting in lieu thereof the following: 6 35 4. If the court finds that the establishment of 6 36 paternity is overcome, in accordance with all of the 6 37 conditions prescribed, the court shall enter an order 6 38 which provides all of the following: 6 39 a. That the established father is relieved of any 6 40 and all future support obligations owed on behalf of 6 41 the child from the date that the order determining 6 42 that the established father is not the biological 6 43 father is filed. 6 44 b. That any unpaid support due prior to the date 6 45 the order determining that the established father is 6 46 not the biological father is filed, is satisfied. 6 47 6. a. If the court determines that test results 6 48 conducted in accordance with section 600B.41 or 6 49 chapter 252F exclude the established father as the 6 50 biological father, the court may dismiss the action 7 1 to overcome paternity and preserve the paternity 7 2 determination only if all of the following apply: 7 3 (1) The established father requests that paternity 7 4 be preserved and that the parent-child relationship, 7 5 as defined in section 600A.2, be continued. 7 6 (2) The court finds that it is in the best 7 7 interest of the child to preserve paternity. In 7 8 determining the best interest of the child, the court 7 9 shall consider all of the following: 7 10 (a) The age of the child. 7 11 (b) The length of time since the establishment of 7 12 paternity. 7 13 (c) The previous relationship between the child 7 14 and the established father, including but not limited 7 15 to the duration and frequency of any time periods 7 16 during which the child and established father resided 7 17 in the same household or engaged in a parent-child 7 18 relationship as defined in section 600A.2. 7 19 (d) The possibility that the child could benefit 7 20 by establishing the child's actual paternity. 7 21 (e) Additional factors which the court determines 7 22 are relevant to the individual situation. 7 23 (3) The biological father is a party to the action 7 24 and does not object to termination of the biological 7 25 father's parental rights, or the established father 7 26 petitions the court for termination of the biological 7 27 father's parental rights and the court grants the 7 28 petition pursuant to chapter 600A. 7 29 b. If the court dismisses the action to overcome 7 30 paternity and preserves the paternity determination 7 31 under this subsection, the court shall enter an order 7 32 establishing that the parent-child relationship exists 7 33 between the established father and the child, and 7 34 including establishment of a support obligation 7 35 pursuant to section 598.21 and provision of custody 7 36 and visitation pursuant to section 598.41. 7 37 Sec. 216A. Section 600B.41A, Code 1997, is amended 7 38 by adding the following new subsection: 7 39 NEW SUBSECTION. 6A. a. For any order entered 7 40 under this section on or before the effective date of 7 41 this subsection in which the court's determination 7 42 excludes the established father as the biological 7 43 father but dismisses the action to overcome paternity 7 44 and preserves paternity, the established father may 7 45 petition the court to issue an order which provides 7 46 all of the following: 7 47 (1) That the parental rights of the established 7 48 father are terminated. 7 49 (2) That the established father is relieved of any 7 50 and all future support obligations owed on behalf of 8 1 the child from the date the order under this 8 2 subsection is filed. 8 3 b. The established father may proceed pro se under 8 4 this subsection. The supreme court shall prescribe 8 5 standard forms for use under this subsection and shall 8 6 distribute the forms to the clerks of the district 8 7 courts. 8 8 c. If a petition is filed pursuant to this section 8 9 and notice is served on any parent of the child not 8 10 filing the petition and any assignee of the support 8 11 obligation, the court shall grant the petition." 8 12 #15. Page 136, by inserting after line 32, the 8 13 following: 8 14 "Sec. 218. Sections 215, 216, and 216A of this 8 15 Act, being deemed of immediate importance, take effect 8 16 upon enactment." 8 17 #16. Page 138, by striking lines 34 and 35 and 8 18 inserting the following: "state shall be filedwith8 19the countyas directed by the state registrarof the8 20county in which the death occurs,within three days 8 21 after the death". 8 22 #17. Page 139, line 2, by striking the word 8 23 "registrar" and inserting the following: "county 8 24 registrar". 8 25 #18. Page 139, by striking lines 10 through 22 and 8 26 inserting the following: 8 27 "If the place of death is unknown, a death8 28certificate shall be filed in the county in which a8 29dead body is found within three days after the body is8 30found.8 31 3. The county in which a dead body is found is the 8 32 county of death. If death occurs in a moving 8 33 conveyance,a death certificate shall be filed inthe 8 34 county in which the dead body is first removed from 8 35 the conveyance is the county of death. 8 36If a person dies outside of the county of the8 37person's residence, the state registrar shall send a8 38copy of the death certificate to the county registrar8 39of the county of the decedent's residence. The county8 40registrar shall record the death certificate in the8 41same records in which death certificates of persons8 42who died within the county are recorded." 8 43 #19. Page 144, by inserting after line 2 the 8 44 following: 8 45 "Sec. . NEW SECTION. 595.3A APPLICATION FORM 8 46 AND LICENSE, INCLUSION OF ABUSE PREVENTION LANGUAGE. 8 47 In addition to any other information contained in 8 48 an application form for a marriage license and a 8 49 marriage license, the application form and license 8 50 shall contain the following statement in bold print: 9 1 "The laws of this state affirm your right to enter 9 2 into this marriage and at the same time to live within 9 3 the marriage under the full protection of the laws of 9 4 this state with regard to violence and abuse. Neither 9 5 of you is the property of the other. Assault, sexual 9 6 abuse, and willful injury of a spouse or other family 9 7 member are violations of the laws of this state and 9 8 are punishable by the state."" 9 9 #20. Page 144, by inserting after line 22 the 9 10 following: 9 11 "Sec. . Section 614.1, subsection 6, Code 1997, 9 12 is amended to read as follows: 9 13 6. JUDGMENTS OF COURTS OF RECORD. Those founded 9 14 on a judgment of a court of record, whether of this or 9 15 of any other of the United States, or of the federal 9 16 courts of the United States, within twenty years 9 17 except that a time period limitation shall not apply 9 18 to an action to recover a judgment for child support, 9 19 spousal support, or a judgment of distribution of 9 20 marital assets. 9 21 Sec. . Section 624.23, subsection 1, Code 1997, 9 22 is amended to read as follows: 9 23 1. Judgments in the appellate or district courts 9 24 of this state, or in the circuit or district court of 9 25 the United States within the state, are liens upon the 9 26 real estate owned by the defendant at the time of such 9 27 rendition, and also upon all the defendant may 9 28 subsequently acquire, for the period of ten years from 9 29 the date of the judgment except that a time period 9 30 limitation shall not apply to such liens with regard 9 31 to judgments for child support, spousal support, or a 9 32 judgment of distribution of marital assets." 9 33 #21. Page 144, by inserting after line 33 the 9 34 following: 9 35 "Sec. . NEW SECTION. 627.6A EXEMPTIONS FOR 9 36 SUPPORT – PENSIONS AND SIMILAR PAYMENTS. 9 37 1. Notwithstanding the provisions of section 9 38 627.6, a debtor shall not be permitted to claim 9 39 exemptions with regard to payment or a portion of 9 40 payment under a pension, annuity, individual 9 41 retirement account, profit-sharing plan, universal 9 42 life insurance policy, or similar plan or contract due 9 43 to illness, disability, death, age, or length of 9 44 service for child, spousal, or medical support. 9 45 2. In addition to subsection 1, if another 9 46 provision of law otherwise provides that payments, 9 47 income, or property are subject to attachment for 9 48 child, spousal, or medical support, those provisions 9 49 shall supersede section 627.6." 9 50 #22. By renumbering as necessary. 10 1 HF 612S 10 2 pf/cc/26
Text: H01794 Text: H01796 Text: H01700 - H01799 Text: H Index Bills and Amendments: General Index Bill History: General Index
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