Text: HF00181 Text: HF00183 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 613.20 EQUITABLE FATHER
1 2 RESTITUTION.
1 3 A party who has been established as an equitable father in
1 4 a court of this state, who has not been awarded custody of the
1 5 child and for whom an action to overcome paternity has been
1 6 heard and decided by a court of this state pursuant to section
1 7 600B.41A, but against whom a child support order has been
1 8 established, may bring an action for restitution against the
1 9 established biological father of the child or against the
1 10 mother of the child for any child support paid or to be paid
1 11 to or on behalf of the child and for any court costs,
1 12 attorney's fees, or other costs associated with the
1 13 proceeding.
1 14 For the purposes of this section, "equitable father" means
1 15 a man who was married to the mother of a child when the child
1 16 was conceived and born, who reasonably believed that the man
1 17 was the biological father of the child, who had a parental
1 18 relationship with the child, and for whom judicial recognition
1 19 of the relationship between the individual and the child is in
1 20 the child's best interest.
1 21 EXPLANATION
1 22 This bill creates a cause of action for restitution of a
1 23 party who has been established as an equitable father in a
1 24 court of this state, who has not been awarded custody of the
1 25 child and for whom an action to overcome paternity has been
1 26 heard and decided by a court pursuant to section 600B.41A, but
1 27 against whom a child support order has been established under
1 28 which the party pays support. The amount of restitution is
1 29 the amount of child support paid or to be paid under the order
1 30 and any court costs, attorney's fees, or other costs
1 31 associated with the proceeding. The action may be brought
1 32 against the established biological father of the child or the
1 33 mother of the child.
1 34 LSB 1219YH 77
1 35 pf/sc/14
Text: HF00181 Text: HF00183 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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