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Text: HF00571                           Text: HF00573
Text: HF00500 - HF00599                 Text: HF Index
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House File 572

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 96.3, subsection 9, Code 1997, is
  1  2 amended to read as follows:
  1  3    9.  CHILD SUPPORT INTERCEPT.
  1  4    a.  An individual filing a claim for benefits under section
  1  5 96.6, subsection 1 shall, at the time of filing, disclose
  1  6 whether the individual owes a child support obligation which
  1  7 is being enforced by the child support recovery unit
  1  8 established in section 252B.2.  If an individual discloses
  1  9 that such a child support obligation is owed and the
  1 10 individual is determined to be eligible for benefits under
  1 11 this chapter, the department shall notify the individual
  1 12 entitled to receive payment of the child support or the child
  1 13 support recovery unit of the individual's disclosure and
  1 14 deduct and withhold from benefits payable to the individual
  1 15 the amount specified by the individual.
  1 16    b.  However, if the individual entitled to receive payment
  1 17 of the child support or the child support recovery unit and an
  1 18 the individual owing a the child support obligation reach an
  1 19 agreement to have specified amounts deducted and withheld from
  1 20 the individual's benefits and the individual entitled to
  1 21 receive payment of the child support or the child support
  1 22 recovery unit submits a copy of the agreement to the
  1 23 department, the department shall deduct and withhold the
  1 24 specified amounts.
  1 25    c.  However, if the department is notified of an assignment
  1 26 of income by the child support recovery unit under chapter
  1 27 252D or section 598.22 or 598.23 or is garnisheed by the
  1 28 individual entitled to receive payment of the child support or
  1 29 the child support recovery unit under chapter 642 and an
  1 30 individual's benefits are condemned to the satisfaction of the
  1 31 child support obligation being enforced by the child support
  1 32 recovery unit, the department shall deduct and withhold from
  1 33 the individual's benefits that amount required through legal
  1 34 process.
  1 35    Notwithstanding section 642.2, subsections 2, 3, 6, and 7
  2  1 which restrict garnishments under chapter 642 to wages of
  2  2 public employees, the department may be garnisheed under
  2  3 chapter 642 by the individual entitled to receive payment of
  2  4 the child support or the child support recovery unit
  2  5 established in section 252B.2, pursuant to a judgment for
  2  6 child support against an individual eligible for benefits
  2  7 under this chapter.
  2  8    Notwithstanding section 96.15, benefits under this chapter
  2  9 are not exempt from income assignment, garnishment,
  2 10 attachment, or execution if assigned to or garnisheed by the
  2 11 individual entitled to receive payment of the child support or
  2 12 the child support recovery unit, established in section
  2 13 252B.2, or if an assignment under section 598.22 or 598.23 is
  2 14 being enforced by the child support recovery unit to satisfy
  2 15 the child support obligation of an individual who is eligible
  2 16 for benefits under this chapter.
  2 17    d.  An amount deducted and withheld under paragraph "a",
  2 18 "b", or "c" shall be paid by the department to the individual
  2 19 entitled to receive payment of the child support or the child
  2 20 support recovery unit, and shall be treated as if it were paid
  2 21 to the individual as benefits under this chapter and as if it
  2 22 were paid by the individual to the child support recovery unit
  2 23 in satisfaction of the individual's child support obligations.
  2 24    e.  If an agreement for reimbursement has been made, the
  2 25 department shall be reimbursed by the child support recovery
  2 26 unit for the administrative costs incurred by the department
  2 27 under this section which are attributable to the enforcement
  2 28 of child support obligations by the child support recovery
  2 29 unit.
  2 30    Sec. 2.  Section 642.2, subsection 4, Code 1997, is amended
  2 31 to read as follows:
  2 32    4.  Notwithstanding subsections 3 and 6, any moneys owed to
  2 33 the child support obligor by the state and payments owed to
  2 34 the child support obligor through the Iowa public employees'
  2 35 retirement system are subject to garnishment, attachment,
  3  1 execution, or assignment by an individual entitled to receive
  3  2 payment of child support or the child support recovery unit if
  3  3 the child support recovery unit is providing enforcement
  3  4 services pursuant to chapter 252B.  
  3  5                           EXPLANATION
  3  6    This bill provides that if an individual owes a child
  3  7 support obligation and is eligible for unemployment
  3  8 compensation, the department of workforce development is
  3  9 required to deduct and withhold from the benefits payable to
  3 10 the individual the amount of child support owed, as specified
  3 11 by the individual or as otherwise provided in the bill, if the
  3 12 obligation is enforced by the child support recovery unit
  3 13 (CSRU) or under a court order.  The bill also changes the
  3 14 garnishment section of the Code to allow for garnishment of
  3 15 payments made to a child support obligor whether enforced by
  3 16 the CSRU or under a court order.  
  3 17 LSB 2515YH 77
  3 18 pf/jw/5
     
Text: HF00571                           Text: HF00573
Text: HF00500 - HF00599                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index
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