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Bills and Amendments: General Index     Bill History: General Index

House File 612

Partial Bill History

• Bill Introduced: H.J. 581
• Committee Report Issued: S.J. 918 H.J. 1611 H.J. 1619 S.J. 1499 S.J. 1500
• Passed House: H.J. 865 H.J. 1473 H.J. 1619
• Passed Senate: S.J. 1237 S.J. 1501
• Signed by Governor: H.J. 2154
• Complete Bill History

Bill Text

PAG LIN
  1  1                                          HOUSE FILE 612
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO CHILD SUPPORT RECOVERY, PROVIDING PENALTIES,
  1  5    AND PROVIDING EFFECTIVE DATES.
  1  6 
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 
  1  8 
  1  9                           DIVISION I
  1 10                             PART A
  1 11    Section 1.  Section 252A.3, subsection 8, paragraphs b and
  1 12 c, Code 1997, are amended to read as follows:
  1 13    b.  By the statement of the person admitting paternity in
  1 14 court and upon concurrence of the mother.  If the mother was
  1 15 married, at the time of conception, birth or at any time
  1 16 during the period between conception and birth of the child,
  1 17 to an individual other than the person admitting paternity,
  1 18 the individual to whom the mother was married at the time of
  1 19 conception, birth or at any time during the period between
  1 20 conception and birth must deny paternity in order to establish
  1 21 the paternity of the person admitting paternity upon the sole
  1 22 basis of the admission.
  1 23    c.  By Subject to the right of any signatory to rescind as
  1 24 provided in section 252A.3A, subsection 12, by the filing and
  1 25 registration by the state registrar of an affidavit of
  1 26 paternity executed on or after July 1, 1993, as provided in
  1 27 section 252A.3A, provided that the mother of the child was
  1 28 unmarried at the time of conception, birth and at any time
  1 29 during the period between conception and birth of the child or
  1 30 if the mother was married at the time of conception, birth or
  1 31 at any time during the period between conception and birth of
  1 32 the child, a court of competent jurisdiction has determined
  1 33 that the individual to whom the mother was married at that
  1 34 time is not the father of the child.
  1 35    Sec. 2.  Section 252A.3A, Code 1997, is amended to read as
  2  1 follows:
  2  2    252A.3A  ESTABLISHING PATERNITY BY AFFIDAVIT.
  2  3    1.  The paternity of a child born out of wedlock may be
  2  4 legally established by the completion, and filing and
  2  5 registration by the state registrar of an affidavit of
  2  6 paternity only as provided by this section.
  2  7    2.  When paternity has not been legally established,
  2  8 paternity may be established by affidavit under this section
  2  9 for the following children:
  2 10    a.  The child of a woman who was unmarried at the time of
  2 11 conception, and birth and at any time during the period
  2 12 between conception and birth of the child.
  2 13    b.  The child of a woman who is married at the time of
  2 14 conception, or birth or at any time during the period between
  2 15 conception and birth of the child if a court of competent
  2 16 jurisdiction has determined that the individual to whom the
  2 17 mother was married at that time is not the father of the
  2 18 child.
  2 19    3.  a.  Prior to or at the time of completion of an
  2 20 affidavit of paternity, written and oral information about
  2 21 paternity establishment, developed by the child support
  2 22 recovery unit created in section 252B.2, shall be provided to
  2 23 the mother and putative father.
  2 24    b.  The information provided shall include a description of
  2 25 parental rights and responsibilities, including the duty to
  2 26 provide financial support for the child, and the benefits of
  2 27 establishing paternity, and the alternatives to and legal
  2 28 consequences of signing an affidavit of paternity, including
  2 29 the rights available if a parent is a minor.
  2 30    c.  Copies of the written information shall be made
  2 31 available by the child support recovery unit or the Iowa
  2 32 department of public health to those entities where an
  2 33 affidavit of paternity may be obtained as provided under
  2 34 subsection 4.
  2 35    4.  a.  The affidavit of paternity form developed and used
  3  1 by the Iowa department of public health is the only affidavit
  3  2 of paternity form recognized for the purpose of establishing
  3  3 paternity under this section.  It shall include the minimum
  3  4 requirements specified by the secretary of the United States
  3  5 department of health and human services pursuant to 42 U.S.C.
  3  6 } 652(a)(7).  A properly completed affidavit of paternity form
  3  7 developed by the Iowa department of public health and existing
  3  8 on or after July 1, 1993, but which is superseded by a later
  3  9 affidavit of paternity form developed by the Iowa department
  3 10 of public health, shall have the same legal effect as a
  3 11 paternity affidavit form used by the Iowa department of public
  3 12 health on or after July 1, 1997, regardless of the date of the
  3 13 filing and registration of the affidavit of paternity, unless
  3 14 otherwise required under federal law.
  3 15    b.  The form shall be available from the state registrar,
  3 16 each county registrar, the child support recovery unit, and
  3 17 any institution in the state.
  3 18    c.  The Iowa department of public health shall make copies
  3 19 of the form available to the entities identified in paragraph
  3 20 "b" for distribution.
  3 21    5.  A completed affidavit of paternity shall contain or
  3 22 have attached all of the following:
  3 23    a.  A statement by the mother consenting to the assertion
  3 24 of paternity and the identity of the father and acknowledging
  3 25 either of the following:
  3 26    (1)  That the mother was unmarried at the time of
  3 27 conception, and birth and at anytime during the period between
  3 28 conception and birth of the child.
  3 29    (2)  That the mother was married at the time of conception,
  3 30 or birth or at any time during the period between conception
  3 31 and birth of the child, and that a court order has been
  3 32 entered ruling that the individual to whom the mother was
  3 33 married at that time is not the father of the child.
  3 34    b.  If paragraph "a", subparagraph (2), is applicable, a
  3 35 certified copy of the filed order ruling that the husband is
  4  1 not the father of the child.
  4  2    c.  A statement from the putative father that the putative
  4  3 father is the father of the child.
  4  4    d.  The name of the child at birth and the child's birth
  4  5 date.
  4  6    e.  The signatures of the mother and putative father.
  4  7    f.  The social security numbers of the mother and putative
  4  8 father.
  4  9    g.  The addresses of the mother and putative father, as
  4 10 available.
  4 11    h.  The signature of a notary public attesting to the
  4 12 identities of the parties signing the affidavit of paternity.
  4 13    i.  Instructions for filing the affidavit.
  4 14    6.  A completed affidavit of paternity shall be filed with
  4 15 the state registrar.  However, if the affidavit of paternity
  4 16 is obtained directly from the county registrar, the completed
  4 17 affidavit may be filed with the county registrar who shall
  4 18 forward the original affidavit to the state registrar.  For
  4 19 the purposes of legal establishment of paternity under this
  4 20 section, paternity is legally established only upon filing of
  4 21 the affidavit with and registration of the affidavit by the
  4 22 state registrar subject to the right of any signatory to
  4 23 recision pursuant to subsection 12.
  4 24    7.  The state registrar shall make copies of affidavits of
  4 25 paternity and identifying information from the affidavits
  4 26 filed and registered pursuant to this section available to the
  4 27 child support recovery unit created under section 252B.2 in
  4 28 accordance with section 144.13, subsection 4, and any
  4 29 subsequent recision form which rescinds the affidavit.
  4 30    8.  An affidavit of paternity completed and filed with and
  4 31 registered by the state registrar pursuant to this section has
  4 32 all of the following effects:
  4 33    a.  Is admissible as evidence of paternity.
  4 34    b.  Has the same legal force and effect as a judicial
  4 35 determination of paternity subject to the right of any
  5  1 signatory to recision pursuant to subsection 12.
  5  2    c.  Serves as a basis for seeking child or medical support
  5  3 without further determination of paternity subject to the
  5  4 right of any signatory to recision pursuant to subsection 12.
  5  5    9.  All institutions in the state shall provide the
  5  6 following services with respect to any newborn child born out
  5  7 of wedlock:
  5  8    a.  Prior to discharge of the newborn from the institution,
  5  9 the institution where the birth occurs shall provide the
  5 10 mother and, if present, the putative father, with all of the
  5 11 following:
  5 12    (1)  Written and oral information about establishment of
  5 13 paternity pursuant to subsection 3.
  5 14    (2)  An affidavit of paternity form.
  5 15    (3)  An opportunity for consultation with the staff of the
  5 16 institution regarding the written information provided under
  5 17 subparagraph (1).
  5 18    (4)  An opportunity to complete an affidavit of paternity
  5 19 at the institution, as provided in this section.
  5 20    b.  The institution shall file any affidavit of paternity
  5 21 completed at the institution with the state registrar,
  5 22 pursuant to subsection 6, accompanied by a copy of the child's
  5 23 birth certificate, within ten days of the birth of the child.
  5 24    10.  a.  An institution may be reimbursed by the child
  5 25 support recovery unit created in section 252B.2 for providing
  5 26 the services described under subsection 9, or may provide the
  5 27 services at no cost.
  5 28    b.  An institution electing reimbursement shall enter into
  5 29 a written agreement with the child support recovery unit for
  5 30 this purpose.
  5 31    c.  An institution entering into an agreement for
  5 32 reimbursement shall assist the parents of a child born out of
  5 33 wedlock in completing and filing an affidavit of paternity.
  5 34    d.  Reimbursement shall be based only on the number of
  5 35 affidavits completed in compliance with this section and
  6  1 submitted to the state registrar during the duration of the
  6  2 written agreement with the child support recovery unit.
  6  3    e.  The reimbursement rate is twenty dollars for each
  6  4 completed affidavit filed with the state registrar.
  6  5    11.  The state registrar, upon request of the mother or the
  6  6 putative father, shall provide the following services with
  6  7 respect to a child born out of wedlock:
  6  8    a.  Written and oral information about the establishment of
  6  9 paternity pursuant to subsection 3.
  6 10    b.  An affidavit of paternity form.
  6 11    c.  An opportunity for consultation with staff regarding
  6 12 the information provided under paragraph "a".
  6 13    12.  a.  A completed affidavit of paternity may be
  6 14 rescinded by registration by the state registrar of a
  6 15 completed and notarized recision form signed by either the
  6 16 mother or putative father who signed the affidavit of
  6 17 paternity that the putative father is not the father of the
  6 18 child.  The completed and notarized recision form shall be
  6 19 filed with the state registrar for the purpose of registration
  6 20 prior to the earlier of the following:
  6 21    (1)  Sixty days after the latest notarized signature of the
  6 22 mother or putative father on the affidavit of paternity.
  6 23    (2)  Twenty days after the service of the notice or
  6 24 petition initiating a proceeding in this state to which the
  6 25 signatory is a party relating to the child, including a
  6 26 proceeding to establish a support order under chapter 252A,
  6 27 252C, 252F, 598, or 600B or other law of this state.
  6 28    b.  Unless the state registrar has received and registered
  6 29 an order as provided in section 252A.3, subsection 8,
  6 30 paragraph "a", which legally establishes paternity, upon
  6 31 registration of a timely recision form the state registrar
  6 32 shall remove the father's information from the certificate of
  6 33 birth, and shall send a written notice of the recision to the
  6 34 last known address of the signatory of the affidavit of
  6 35 paternity who did not sign the recision form.
  7  1    c.  The Iowa department of public health shall develop a
  7  2 recision form and an administrative process for rescission.
  7  3 The form shall be the only recision form recognized for the
  7  4 purpose of rescinding a completed affidavit of paternity.  A
  7  5 completed recision form shall include the signature of a
  7  6 notary public attesting to the identity of the party signing
  7  7 the recision form.  The Iowa department of public health shall
  7  8 adopt rules which establish a fee, based upon the average
  7  9 administrative cost, to be collected for the registration of a
  7 10 rescission.
  7 11    d.  If an affidavit of paternity has been rescinded under
  7 12 this subsection, the state registrar shall not register any
  7 13 subsequent affidavit of paternity signed by the same mother
  7 14 and putative father relating to the same child.
  7 15    13.  The child support recovery unit may enter into a
  7 16 written agreement with an entity designated by the secretary
  7 17 of the United States department of health and human services
  7 18 to offer voluntary paternity establishment services.
  7 19    a.  The agreement shall comply with federal requirements
  7 20 pursuant to 42 U.S.C. } 666(a)(5)(C) including those regarding
  7 21 notice, materials, training, and evaluations.
  7 22    b.  The agreement may provide for reimbursement of the
  7 23 entity by the state if reimbursement is permitted by federal
  7 24 law.
  7 25    Sec. 3.  Section 252A.6A, subsection 1, paragraph a, Code
  7 26 1997, is amended to read as follows:
  7 27    a.  Except with the consent of all parties, the trial shall
  7 28 not be held until after the birth of the child and shall be
  7 29 held no earlier than twenty days from the date the respondent
  7 30 is served with notice of the action or, if blood or genetic
  7 31 tests are conducted, no earlier than fifty thirty days from
  7 32 the date the test results are filed with the clerk of the
  7 33 district court as provided under section 600B.41.
  7 34    Sec. 4.  Section 252A.6A, subsection 1, Code 1997, is
  7 35 amended by adding the following new paragraphs:
  8  1    NEW PARAGRAPH.  c.  Appropriate genetic testing procedures
  8  2 shall be used which include any genetic test generally
  8  3 acknowledged as reliable by accreditation bodies designated by
  8  4 the secretary of the United States department of health and
  8  5 human services and which are performed by a laboratory
  8  6 approved by such an accreditation body.
  8  7    NEW PARAGRAPH.  d.  A copy of a bill for blood or genetic
  8  8 testing, or for the cost of prenatal care or the birth of the
  8  9 child, shall be admitted as evidence without requiring third-
  8 10 party foundation testimony and shall constitute prima facie
  8 11 evidence of amounts incurred for testing.
  8 12    Sec. 5.  Section 252A.6A, Code 1997, is amended by adding
  8 13 the following new subsection:
  8 14    NEW SUBSECTION.  3.  If the expert analyzing the blood or
  8 15 genetic test concludes that the test results demonstrate that
  8 16 the putative father is not excluded and that the probability
  8 17 of the putative father's paternity is ninety-nine percent or
  8 18 higher and if the test results have not been challenged, the
  8 19 court, upon motion by a party, shall enter a temporary order
  8 20 for child support to be paid pursuant to section 598.21,
  8 21 subsection 4.  The court shall require temporary support to be
  8 22 paid to the clerk of court or to the collection services
  8 23 center.  If the court subsequently determines the putative
  8 24 father is not the father, the court shall terminate the
  8 25 temporary support order.  All support obligations which came
  8 26 due prior to the order terminating temporary support are
  8 27 unaffected by this action and remain a judgment subject to
  8 28 enforcement.
  8 29    Sec. 6.  Section 252A.10, Code 1997, is amended to read as
  8 30 follows:
  8 31    252A.10  COSTS ADVANCED.
  8 32    Actual costs incurred in this state incidental to any
  8 33 action brought under the provisions of this chapter shall be
  8 34 advanced by the initiating party or agency, as appropriate,
  8 35 unless otherwise ordered by the court.  Where the action is
  9  1 brought by an agency of the state or county there shall be no
  9  2 filing fee or court costs of any type either advanced by or
  9  3 charged to the state or county.
  9  4    Sec. 7.  Section 252A.13, Code 1997, is amended to read as
  9  5 follows:
  9  6    252A.13  RECIPIENTS OF PUBLIC ASSISTANCE – ASSIGNMENT OF
  9  7 SUPPORT PAYMENTS.
  9  8    A person entitled to periodic support payments pursuant to
  9  9 an order or judgment entered in a uniform support action under
  9 10 this chapter, who is also a recipient of public assistance, is
  9 11 deemed to have assigned the person's rights to the support
  9 12 payments, to the extent of public assistance received by the
  9 13 person, to the department of human services.  If public
  9 14 assistance is provided by the department of human services to
  9 15 or on behalf of a dependent child or a dependent child's
  9 16 caretaker, there is an assignment by operation of law to the
  9 17 department of any and all rights in, title to, and interest in
  9 18 any support obligation, payment, and arrearages owed to or on
  9 19 behalf of the child or caretaker not to exceed the amount of
  9 20 public assistance paid for or on behalf of the child or
  9 21 caretaker.  The department shall immediately notify the clerk
  9 22 of court by mail when a person entitled to support payments
  9 23 such child or caretaker has been determined to be eligible for
  9 24 public assistance.  Upon notification by the department that a
  9 25 person entitled to periodic support payments pursuant to this
  9 26 chapter is receiving public assistance, the clerk of court
  9 27 shall make a notation of the automatic assignment in the
  9 28 judgment docket and lien index.  The notation constitutes
  9 29 constructive notice of the assignment.  If the applicant for
  9 30 public assistance, for whom public assistance is approved and
  9 31 provided on or after July 1, 1997, is a person other than a
  9 32 parent of the child, the department shall send notice of the
  9 33 assignment by regular mail to the last known addresses of the
  9 34 obligee and obligor.  The clerk of court shall forward support
  9 35 payments received pursuant to section 252A.6, to which the
 10  1 department is entitled, to the department, unless the court
 10  2 has ordered the payments made directly to the department under
 10  3 subsection 12 of that section.  The department may secure
 10  4 support payments in default through other proceedings
 10  5 prescribed in this chapter.  The clerk shall furnish the
 10  6 department with copies of all orders or decrees awarding and
 10  7 temporary domestic abuse orders addressing support to parties
 10  8 having custody of minor children when the parties are
 10  9 receiving public assistance or services are otherwise provided
 10 10 by the child support recovery unit.  Unless otherwise
 10 11 specified in the order, an equal and proportionate share of
 10 12 any child support awarded is presumed to be payable on behalf
 10 13 of each child, subject to the order or judgment, for purposes
 10 14 of an assignment under this section.  
 10 15                             PART B
 10 16    Sec. 8.  Section 252A.1, Code 1997, is amended to read as
 10 17 follows:
 10 18    252A.1  TITLE AND PURPOSE.
 10 19    This chapter may be cited and referred to as the "Uniform
 10 20 Support of Dependents Law".
 10 21    The purpose of this uniform chapter is to secure support in
 10 22 civil proceedings for dependent spouses, children and poor
 10 23 relatives from persons legally responsible for their support.
 10 24    Sec. 9.  Section 252A.2, Code 1997, is amended to read as
 10 25 follows:
 10 26    252A.2  DEFINITIONS.
 10 27    As used in this chapter, unless the context shall require
 10 28 otherwise, the following terms shall have the meanings
 10 29 ascribed to them by this section:
 10 30    1.  "Birth center" means birth center as defined in section
 10 31 135G.2.
 10 32    2.  "Birthing hospital" means a private or public hospital
 10 33 licensed pursuant to chapter 135B that has a licensed
 10 34 obstetric unit or is licensed to provide obstetric services,
 10 35 or a licensed birthing center associated with a hospital.
 11  1    3.  "Child" includes but shall not be limited to a
 11  2 stepchild, foster child or legally adopted child and means a
 11  3 child actually or apparently under eighteen years of age, and
 11  4 a dependent person eighteen years of age or over who is unable
 11  5 to maintain the person's self and is likely to become a public
 11  6 charge.
 11  7    4.  "Court" shall mean and include any court by whatever
 11  8 name known, in any state having reciprocal laws or laws
 11  9 substantially similar to this chapter upon which jurisdiction
 11 10 has been conferred to determine the liability of persons for
 11 11 the support of dependents within and without such state.
 11 12    5.  "Dependent" shall mean and include a spouse, child,
 11 13 mother, father, grandparent or grandchild who is in need of
 11 14 and entitled to support from a person who is declared to be
 11 15 legally liable for such support by the laws of the state or
 11 16 states wherein the petitioner and the respondent reside.
 11 17    6.  "Initiating state" shall mean the state of domicile or
 11 18 residence of the petitioner.
 11 19    7 6.  "Institution" means a birthing hospital or birth
 11 20 center.
 11 21    8 7.  "Petitioner" shall mean and include includes each
 11 22 dependent person for whom support is sought in a proceeding
 11 23 instituted pursuant to this chapter or a mother or putative
 11 24 father of a dependent.  However, in an action brought by the
 11 25 child support recovery unit, the state is the petitioner.
 11 26    8.  "Party" means a petitioner, a respondent, or a person
 11 27 who intervenes in a proceeding instituted under this chapter.
 11 28    9.  "Petitioner's representative" shall mean and include a
 11 29 corporation includes counsel, of a dependent person for whom
 11 30 support is sought and counsel for a mother or putative father
 11 31 of a dependent.  In an action brought by the child support
 11 32 recovery unit, "petitioner's representative" includes a county
 11 33 attorney, state's attorney, commonwealth attorney and any
 11 34 other public officer, by whatever title the officer's public
 11 35 office may be known, charged by law with the duty of
 12  1 instituting, maintaining, or prosecuting a proceeding under
 12  2 this chapter or under the laws of the state or states wherein
 12  3 the petitioner and the respondent reside.
 12  4    10.  "Putative father" means a man who is alleged to be or
 12  5 who claims to be the biological father of a child born to a
 12  6 woman to whom the man is not married at the time of the birth
 12  7 of the child.
 12  8    11.  "Register" means to file a foreign support order in
 12  9 the registry of foreign support orders maintained as a filing
 12 10 in equity by the clerk of court.
 12 11    12.  "Rendering state" means a state in which the court has
 12 12 issued a support order for which registration is sought or
 12 13 granted in the court of another state.
 12 14    13 12.  "Respondent" shall mean and include includes each
 12 15 person against whom a proceeding is instituted pursuant to
 12 16 this chapter.  "Respondent" may include the mother or the
 12 17 putative father of a dependent.
 12 18    14.  "Responding state" shall mean the state wherein the
 12 19 respondent resides or is domiciled or found.
 12 20    15.  "State" means any state, territory, or possession of
 12 21 the United States, the District of Columbia, the Commonwealth
 12 22 of Puerto Rico, and any foreign jurisdiction in which this or
 12 23 a similar reciprocal law is in effect.
 12 24    16 13.  "State registrar" means state registrar as defined
 12 25 in section 144.1.
 12 26    17.  "Summons" shall mean and include a subpoena, warrant,
 12 27 citation, order or other notice, by whatever name known,
 12 28 provided for by the laws of the state or states wherein the
 12 29 petitioner and the respondent reside as the means for
 12 30 requiring the appearance and attendance in court of the
 12 31 respondent in a proceeding instituted pursuant to this
 12 32 chapter.
 12 33    Sec. 10.  Section 252A.3, subsections 1, 2, 3, 5, and 6,
 12 34 Code 1997, are amended to read as follows:
 12 35    1.  A spouse in one state is hereby declared to be liable
 13  1 for the support of the other spouse and any child or children
 13  2 under eighteen years of age and any other dependent residing
 13  3 or found in the same state or in another state having
 13  4 substantially similar or reciprocal laws.  The court having
 13  5 jurisdiction of the respondent in a proceeding instituted
 13  6 under this chapter shall establish the respondent's monthly
 13  7 support payment and the amount of the support debt accrued and
 13  8 accruing pursuant to section 598.21, subsection 4.
 13  9    2.  A parent in one state is hereby declared to be liable
 13 10 for the support of the parent's child or children under
 13 11 eighteen years of age residing or found in the same state or
 13 12 in another state having substantially similar or reciprocal
 13 13 laws, whenever the other parent of such child or children is
 13 14 dead, or cannot be found, or is incapable of supporting the
 13 15 child or children, and, if the liable parent is possessed of
 13 16 sufficient means or able to earn the means.  The court having
 13 17 jurisdiction of the respondent in a proceeding instituted
 13 18 under this chapter shall establish the respondent's monthly
 13 19 support payment and the amount of the support debt accrued and
 13 20 accruing pursuant to section 598.21, subsection 4.
 13 21    3.  The parents in one state are hereby declared to be
 13 22 severally liable for the support of a dependent child eighteen
 13 23 years of age or older residing or found in the same state or
 13 24 in another state having substantially similar or reciprocal
 13 25 laws, whenever such child is unable to maintain the child's
 13 26 self and is likely to become a public charge.
 13 27    5.  A child or children born of parents who held or hold
 13 28 themselves out as husband and wife by virtue of a common law
 13 29 marriage recognized as valid by the laws of the initiating
 13 30 state and of the responding state shall be are deemed the
 13 31 legitimate child or children of both parents.
 13 32    6.  A man or woman who was or is held out as the person's
 13 33 spouse by a person by virtue of a common law marriage
 13 34 recognized as valid by the laws of the initiating state and of
 13 35 the responding state shall be is deemed the legitimate spouse
 14  1 of such person.
 14  2    Sec. 11.  Section 252A.3, Code 1997, is amended by adding
 14  3 the following new subsection:
 14  4    NEW SUBSECTION.  9.  The court may order a party to pay
 14  5 sums sufficient to provide necessary food, shelter, clothing,
 14  6 care, medical or hospital expenses, including medical support
 14  7 as defined in chapter 252E, expenses of confinement, expenses
 14  8 of education of a child, funeral expenses, and such other
 14  9 reasonable and proper expenses of the dependent as justice
 14 10 requires, giving due regard to the circumstances of the
 14 11 respective parties.
 14 12    Sec. 12.  Section 252A.5, Code 1997, is amended to read as
 14 13 follows:
 14 14    252A.5  WHEN PROCEEDING MAY BE MAINTAINED.
 14 15    Unless prohibited pursuant to section 252A.20 28 U.S.C. }
 14 16 1738B, a proceeding to compel support of a dependent may be
 14 17 maintained under this chapter in any of the following cases:
 14 18    1.  Where the petitioner and the respondent are residents
 14 19 of or domiciled or found in the same state in this state.
 14 20    2.  Where the petitioner resides in one state and the
 14 21 respondent is a resident of or is domiciled or found in
 14 22 another state having substantially similar or reciprocal laws.
 14 23    3.  Where the respondent is not and never was a resident of
 14 24 or domiciled in the initiating state and the petitioner
 14 25 resides or is domiciled in such state and the respondent is
 14 26 believed to be a resident of or domiciled in another state
 14 27 having substantially similar or reciprocal laws.
 14 28    4.  Where the respondent was or is a resident of or
 14 29 domiciled in the initiating state and has departed or departs
 14 30 from such state leaving therein a dependent in need of and
 14 31 entitled to support under this chapter and is believed to be a
 14 32 resident of or domiciled in another state having substantially
 14 33 similar or reciprocal laws.
 14 34    5 2.  Whenever the state or a political subdivision thereof
 14 35 furnishes support to a dependent, it has the same right
 15  1 through proceedings instituted by the petitioner's
 15  2 representative to invoke the provisions hereof as the
 15  3 dependent to whom the support was furnished, for the purpose
 15  4 of securing reimbursement of expenditures so made and of
 15  5 obtaining continuing support; the petition in such case may be
 15  6 verified by any official having knowledge of such expenditures
 15  7 without further verification of any person and consent of the
 15  8 dependent shall not be required in order to institute
 15  9 proceedings under this chapter.  The child support recovery
 15 10 unit may bring the action based upon a statement of a witness,
 15 11 regardless of age, with knowledge of the circumstances,
 15 12 including, but not limited to, statements by the mother of the
 15 13 dependent or a relative of the mother or the putative father.
 15 14    3.  If the child support recovery unit is providing
 15 15 services, the unit has the same right to invoke the provisions
 15 16 of this section as the dependent for which support is owed for
 15 17 the purpose of securing support.  The petition in such case
 15 18 may be verified by any official having knowledge of the
 15 19 request for services by the unit, without further verification
 15 20 by any other person, and consent of the dependent shall not be
 15 21 required in order to institute proceedings under this chapter.
 15 22 The child support recovery unit may bring the action based
 15 23 upon the statement of a witness, regardless of age, with
 15 24 knowledge of the circumstances, including, but not limited to,
 15 25 statements by the mother of the dependent or a relative of the
 15 26 mother or the putative father.
 15 27    Sec. 13.  Section 252A.6, Code 1997, is amended to read as
 15 28 follows:
 15 29    252A.6  HOW COMMENCED – TRIAL.
 15 30    1.  A proceeding under this chapter shall be commenced by a
 15 31 petitioner, or a petitioner's representative, by filing a
 15 32 verified petition in the court in equity in the county of the
 15 33 state wherein where the petitioner dependent resides or is
 15 34 domiciled, showing the name, age, residence, and circumstances
 15 35 of the petitioner dependent, alleging that the petitioner
 16  1 dependent is in need of and is entitled to support from the
 16  2 respondent, giving the respondent's name, age, residence, and
 16  3 circumstances, and praying that the respondent be compelled to
 16  4 furnish such support.  The petitioner may include in or attach
 16  5 to the petition any information which may help in locating or
 16  6 identifying the respondent including, but without limitation
 16  7 by enumeration, a photograph of the respondent, a description
 16  8 of any distinguishing marks of the respondent's person, other
 16  9 names and aliases by which the respondent has been or is
 16 10 known, the name of the respondent's employer, the respondent's
 16 11 fingerprints, or social security number.
 16 12    2.  If the respondent be a resident of or domiciled in such
 16 13 state and the court has or can acquire jurisdiction of the
 16 14 person of the respondent under existing laws in effect in such
 16 15 state, such laws shall govern and control the procedure to be
 16 16 followed in such proceeding.
 16 17    3.  If the court of this state acting as an initiating
 16 18 state finds that the petition sets forth facts from which it
 16 19 may be determined that the respondent owes a duty of support
 16 20 and that a court of the responding state may obtain
 16 21 jurisdiction of the respondent or the respondent's property,
 16 22 it shall so certify and shall cause three copies of (a) the
 16 23 petition (b) its certificate and (c) this chapter to be
 16 24 transmitted to the court in the responding state.  If the name
 16 25 and address of such court is unknown and the responding state
 16 26 has an information agency comparable to that established in
 16 27 the initiating state it shall cause such copies to be
 16 28 transmitted to the state information agency or other proper
 16 29 official of the responding state, with a request that it
 16 30 forward them to the proper court, and that the court of the
 16 31 responding state acknowledge their receipt to the court of the
 16 32 initiating state.
 16 33    4.  When the court of this state, acting as a responding
 16 34 state, receives from the court of an initiating state the
 16 35 aforesaid copies, it shall docket the cause, notify the county
 17  1 attorney or other official acting as petitioner's
 17  2 representative, set a time and place for a hearing, and take
 17  3 such action as is necessary in accordance with the laws of
 17  4 this state to serve notice and thus obtain jurisdiction over
 17  5 the respondent.  If a court of the state, acting as a
 17  6 responding state, is unable to obtain jurisdiction of the
 17  7 respondent or the respondent's property due to inaccuracies or
 17  8 inadequacies in the petition or otherwise, the court shall
 17  9 communicate this fact to the court in the initiating state,
 17 10 shall on its own initiative use all means at its disposal to
 17 11 trace the respondent or the respondent's property, and shall
 17 12 hold the case pending the receipt of more accurate information
 17 13 or an amended petition from the court in the initiating state.
 17 14    However, if the court of the responding state is unable to
 17 15 obtain jurisdiction because the respondent resides in or is
 17 16 domiciled or found in another county of the responding state,
 17 17 the papers received from the court of the initiating state may
 17 18 be forwarded by the court of the responding state which
 17 19 received the papers to the court of the county in the
 17 20 responding state in which the respondent resides or is
 17 21 domiciled or found, and the court of the initiating state
 17 22 shall be notified of the transfer.  The court of the county
 17 23 where the respondent resides or is domiciled or found shall
 17 24 acknowledge receipt of the papers to both the court of the
 17 25 initiating state and the court of the responding state which
 17 26 forwarded them, and shall take full jurisdiction of the
 17 27 proceedings with the same powers as if it had received the
 17 28 papers directly from the court of the initiating state.
 17 29    5 2.  It shall not be necessary for the petitioner
 17 30 dependent or the petitioner's dependent's witnesses to appear
 17 31 personally at such a hearing on the petition, but it shall be
 17 32 the duty of the petitioner's representative of the responding
 17 33 state to appear on behalf of and represent the petitioner at
 17 34 all stages of the proceeding.
 17 35    6 3.  If at such a hearing on the petition the respondent
 18  1 controverts the petition and enters a verified denial of any
 18  2 of the material allegations thereof, the judge presiding at
 18  3 such the hearing shall stay the proceedings and transmit to
 18  4 the judge of the court in the initiating state a transcript of
 18  5 the clerk's minutes showing the denials entered by the
 18  6 respondent.  The petitioner shall be given the opportunity to
 18  7 present further evidence to address issues which the
 18  8 respondent has controverted.
 18  9    7.  Upon receipt by the judge of the court in the
 18 10 initiating state of such transcript, such court shall take
 18 11 such proof, including the testimony of the petitioner and the
 18 12 petitioner's witnesses and such other evidence as the court
 18 13 may deem proper, and, after due deliberation, the court shall
 18 14 make its recommendation, based on all of such proof and
 18 15 evidence, and shall transmit to the court in the responding
 18 16 state an exemplified transcript of such proof and evidence and
 18 17 of its proceedings and recommendation in connection therewith.
 18 18    8.  Upon the receipt of such transcript, the court in the
 18 19 responding state shall resume its hearing in the proceeding
 18 20 and shall give the respondent a reasonable opportunity to
 18 21 appear and reply.
 18 22    9.  Upon the resumption of such hearing, the respondent
 18 23 shall have the right to examine or cross-examine the
 18 24 petitioner and the petitioner's witnesses by means of
 18 25 depositions or written interrogatories, and the petitioner
 18 26 shall have the right to examine or cross-examine the
 18 27 respondent and the respondent's witnesses by means of
 18 28 depositions or written interrogatories.
 18 29    10.  If a respondent, duly summoned by a court in the
 18 30 responding state, willfully fails without good cause to appear
 18 31 as directed in the summons, the respondent shall be punished
 18 32 in the same manner and to the same extent as is provided by
 18 33 law for the punishment of a defendant or witness who willfully
 18 34 disobeys a summons or subpoena duly issued out of such court
 18 35 in any other action or proceeding cognizable by said court.
 19  1    11 4.  If, on the return day of the summons, the respondent
 19  2 appears at the time and place specified in the summons hearing
 19  3 and fails to answer the petition or admits the allegations of
 19  4 the petition, or, if, after a hearing has been duly held by
 19  5 the court in the responding state in accordance with this
 19  6 section, the court has found and determined that the prayer of
 19  7 the petitioner, or any part of the prayer, is supported by the
 19  8 evidence adduced in the proceeding, and that the petitioner
 19  9 dependent is in need of and entitled to support from the
 19 10 respondent a party, the court shall make and enter an order
 19 11 directing the respondent a party to furnish support to the
 19 12 petitioner for the dependent and to pay a sum as the court
 19 13 determines pursuant to section 598.21, subsection 4.  A
 19 14 certified copy of the order shall be transmitted by the court
 19 15 to the court in the initiating state and the copy shall be
 19 16 filed with and made a part of the records of the court in the
 19 17 proceeding.  Upon entry of an order for support or upon
 19 18 failure of a person to make payments pursuant to an order for
 19 19 support, the court may require the respondent a party to
 19 20 provide security, a bond, or other guarantee which the court
 19 21 determines is satisfactory to secure the payment of the
 19 22 support.  Upon the respondent's party's failure to pay the
 19 23 support under the order, the court may declare the security,
 19 24 bond, or other guarantee forfeited.
 19 25    12 5.  The court making such order may require the
 19 26 respondent party to make payment at specified intervals to the
 19 27 clerk of the district court, or to the dependent, or to any
 19 28 state or county agency collection services center, and to
 19 29 report personally to the sheriff or any other official, at
 19 30 such times as may be deemed necessary.
 19 31    13 6.  A respondent party who shall willfully fail fails to
 19 32 comply with or violate who violates the terms or conditions of
 19 33 the support order or of the respondent's party's probation
 19 34 shall be punished by the court in the same manner and to the
 19 35 same extent as is provided by law for a contempt of such court
 20  1 or a violation of probation ordered by such court in any other
 20  2 suit or proceeding cognizable by such court.
 20  3    14.  The court of this state when acting as a responding
 20  4 state shall have the following duties which may be carried out
 20  5 through the clerk of the court:  Upon receipt of a payment
 20  6 made by the respondent pursuant to any order of the court or
 20  7 otherwise, to transmit the same forthwith to the court of the
 20  8 initiating state, and upon request to furnish to the court of
 20  9 the initiating state a certified statement of all payments
 20 10 made by the respondent.
 20 11    15 7.  Except as provided in section 252A.20 28 U.S.C. }
 20 12 1738B, any order of support issued by a court of the state
 20 13 acting as a responding state shall not supersede any previous
 20 14 order of support issued in a divorce or separate maintenance
 20 15 action, but the amounts for a particular period paid pursuant
 20 16 to either order shall be credited against amounts accruing or
 20 17 accrued for the same period under both.  This subsection also
 20 18 applies to orders entered following an administrative process
 20 19 including, but not limited to, the administrative processes
 20 20 provided pursuant to chapters 252C and 252F.
 20 21    16.  The court of the initiating state shall receive and
 20 22 accept all payments made by the respondent to the probation
 20 23 department or bureau of the court of the responding state and
 20 24 transmitted by the latter on behalf of the respondent.  Upon
 20 25 receipt of any such payment, and under such rules as the court
 20 26 of the initiating state may prescribe, the court, or its
 20 27 probation department or bureau, as the court may direct, shall
 20 28 deliver such payment to the dependent person entitled thereto,
 20 29 take a proper receipt and acquittance therefor, and keep a
 20 30 permanent record thereof.
 20 31    17.  A court or administrative agency of a state that has
 20 32 issued a child support order consistent with 28 U.S.C. } 1738B
 20 33 has continuing, exclusive jurisdiction over the order if the
 20 34 state is the state in which the child is residing or the state
 20 35 is the residence of the petitioner or respondent unless the
 21  1 court or administrative agency of another state, acting in
 21  2 accordance with 28 U.S.C. } 1738B, has modified the order.
 21  3    Sec. 14.  Section 252A.6A, subsection 1, unnumbered
 21  4 paragraph 1, Code 1997, is amended to read as follows:
 21  5    When a court of this state is acting as the responding
 21  6 state in an action is initiated under this chapter to
 21  7 establish paternity, all of the following shall apply:
 21  8    Sec. 15.  Section 252A.6A, subsection 2, unnumbered
 21  9 paragraph 1, Code 1997, is amended to read as follows:
 21 10    When a court of this state is acting as the responding
 21 11 state in an action is initiated under this chapter to
 21 12 establish child or medical support based on a prior
 21 13 determination of paternity and the respondent files an answer
 21 14 to the notice required under section 252A.6 denying paternity,
 21 15 all of the following shall apply:
 21 16    Sec. 16.  Section 252A.6A, subsection 2, paragraph a,
 21 17 subparagraph (2), Code 1997, is amended to read as follows:
 21 18    (2)  If the court determines that the prior determination
 21 19 of paternity should not be overcome, pursuant to section
 21 20 600B.41A, and that the respondent party has a duty to provide
 21 21 support, the court shall enter an order establishing the
 21 22 monthly child support payment and the amount of the support
 21 23 debt accrued and accruing pursuant to section 598.21,
 21 24 subsection 4, or medical support pursuant to chapter 252E, or
 21 25 both.
 21 26    Sec. 17.  Section 252A.6A, subsection 2, paragraph b, Code
 21 27 1997, is amended to read as follows:
 21 28    b.  If the prior determination of paternity is based on an
 21 29 administrative or court order or by any other means, pursuant
 21 30 to the laws of a foreign jurisdiction, an action to overcome
 21 31 the prior determination of paternity shall be filed in that
 21 32 jurisdiction.  Unless the respondent party requests and is
 21 33 granted a stay of an action initiated under this chapter to
 21 34 establish child or medical support, the action shall proceed
 21 35 as otherwise provided in this chapter.
 22  1    Sec. 18.  Section 252A.17, Code 1997, is amended to read as
 22  2 follows:
 22  3    252A.17  REGISTRY OF FOREIGN SUPPORT ORDERS.
 22  4    The petitioner may register the a foreign support order in
 22  5 a court of this state in the manner and with the effect
 22  6 provided in sections 252A.18 and 252A.19 chapter 252K.  The
 22  7 clerk of the court shall maintain a registry of foreign
 22  8 support orders in which foreign support orders shall be filed.
 22  9 The filing is in equity.
 22 10    Sec. 19.  Section 252A.18, Code 1997, is amended to read as
 22 11 follows:
 22 12    252A.18  REGISTRATION PROCEDURE FOR FOREIGN SUPPORT ORDERS
 22 13 – NOTICE.
 22 14    1.  A petitioner seeking to register a foreign support
 22 15 order in a court of this state shall transmit to the clerk of
 22 16 the court three certified copies of the order reflecting all
 22 17 modifications, one copy of the reciprocal enforcement of
 22 18 support act of the state in which the order was made, and a
 22 19 statement verified and signed by the petitioner, showing the
 22 20 post-office address of the petitioner, the last known place of
 22 21 residence and post-office address of the respondent, the
 22 22 amount of support remaining unpaid, a description and the
 22 23 location of any property of the respondent available upon
 22 24 execution, and a list of the states in which the order is
 22 25 registered.  Upon receipt of these documents the clerk of the
 22 26 court, with payment of a filing fee of six dollars, shall file
 22 27 them in the registry of foreign support orders.  The filing
 22 28 constitutes registration under this chapter.
 22 29    2.  Promptly Registration of a foreign support order shall
 22 30 be in accordance with chapter 252K except that, with regard to
 22 31 service, promptly upon registration, the clerk of the court
 22 32 shall send a notice by restricted certified mail to the
 22 33 respondent at the address given a notice of the registration
 22 34 with a copy of the registered support order and the post-
 22 35 office address of the petitioner, or the petitioner may
 23  1 request that or the respondent may be personally served with
 23  2 the notice and the copy of the order in the same manner as
 23  3 original notices are personally served.  The clerk shall also
 23  4 docket the case and notify the prosecuting attorney of the
 23  5 action.
 23  6    3.  a.  The respondent shall have twenty days after
 23  7 receiving notice of the registration in which to petition the
 23  8 court to vacate the registration or for other relief.  If the
 23  9 respondent does not so petition, the respondent is in default
 23 10 and the registered support order is confirmed.
 23 11    b.  If a registration action is initiated by the child
 23 12 support recovery unit, issues subject to challenge are limited
 23 13 to issues of fact relating to the support obligation and not
 23 14 other issues including, but not limited to, custody and
 23 15 visitation, or the terms of the support order.
 23 16    Sec. 20.  Section 252A.20, Code 1997, is amended by
 23 17 striking the section and inserting in lieu thereof the
 23 18 following:
 23 19    252A.20  LIMITATION ON ACTIONS.
 23 20    Issues related to visitation, custody, or other provisions
 23 21 not related to the support provisions of a support order shall
 23 22 not be grounds for a hearing, modification, adjustment, or
 23 23 other action under this chapter.
 23 24    Sec. 21.  Sections 252A.4, 252A.4A, 252A.7, 252A.9,
 23 25 252A.11, 252A.12, 252A.16, 252A.19, 252A.24, and 252A.25, Code
 23 26 1997, are repealed.
 23 27    Sec. 22.  Part B, sections 8 through 21 of this Act, are
 23 28 effective January 1, 1998.  
 23 29                           DIVISION II
 23 30                             PART A
 23 31    Sec. 23.  Section 252B.1, Code 1997, is amended by adding
 23 32 the following new subsection:
 23 33    NEW SUBSECTION.  2A.  "Child support agency" means child
 23 34 support agency as defined in section 252H.2.
 23 35    Sec. 24.  Section 252B.1, subsection 5, Code 1997, is
 24  1 amended to read as follows:
 24  2    5.  "Obligor" means the person legally responsible for the
 24  3 support of a child as defined in section 252D.16A or 598.1
 24  4 under a support order issued in this state or a foreign
 24  5 jurisdiction.
 24  6    Sec. 25.  Section 252B.2, Code 1997, is amended to read as
 24  7 follows:
 24  8    252B.2  UNIT ESTABLISHED – INTERVENTION – REVIEW.
 24  9    There is created within the department of human services a
 24 10 child support recovery unit for the purpose of providing the
 24 11 services required in sections 252B.3 to 252B.6.  The unit is
 24 12 not required to intervene in actions to provide such services.
 24 13    Sec. 26.  Section 252B.3, Code 1997, is amended to read as
 24 14 follows:
 24 15    252B.3  DUTY OF DEPARTMENT TO ENFORCE CHILD SUPPORT –
 24 16 COOPERATION – RULES.
 24 17    1.  Upon receipt by the department of an application for
 24 18 public assistance on behalf of a child and determination by
 24 19 the department that the child has been abandoned by its
 24 20 parents or that the child and one parent have been abandoned
 24 21 by the other parent or that the parent or other person
 24 22 responsible for the care, support or maintenance of the child
 24 23 has failed or neglected to give proper care or support to the
 24 24 child is eligible for public assistance and that provision of
 24 25 child support services is appropriate, the department shall
 24 26 take appropriate action under the provisions of this chapter
 24 27 or under other appropriate statutes of this state including
 24 28 but not limited to chapters 239, 252A, 252C, 252D, 252E, 252F,
 24 29 252G, 252H, 252I, 252J, 598, and 600B, to ensure that the
 24 30 parent or other person responsible for the support of the
 24 31 child fulfills the support obligation.  The department shall
 24 32 also take appropriate action as required by federal law upon
 24 33 receiving a request from a child support agency for a child
 24 34 receiving public assistance in another state.
 24 35    2.  The department of human services may negotiate a
 25  1 partial payment of a support obligation with a parent or other
 25  2 person responsible for the support of the child, provided that
 25  3 the negotiation and partial payment are consistent with
 25  4 applicable federal law and regulation.
 25  5    3.  The department shall adopt rules pursuant to chapter
 25  6 17A regarding cases in which, under federal law, it is a
 25  7 condition of eligibility for an individual who is an applicant
 25  8 for or recipient of public assistance to cooperate in good
 25  9 faith with the department in establishing the paternity of, or
 25 10 in establishing, modifying, or enforcing a support order by
 25 11 identifying and locating the parent of the child or enforcing
 25 12 rights to support payments.  The rules shall include all of
 25 13 the following provisions:
 25 14    a.  As required by the unit, the individual shall provide
 25 15 the name of the noncustodial parent and additional necessary
 25 16 information, and shall appear at interviews, hearings, and
 25 17 legal proceedings.
 25 18    b.  If paternity is an issue, the individual and child
 25 19 shall submit to blood or genetic tests pursuant to a judicial
 25 20 or administrative order.
 25 21    c.  The individual may be requested to sign a voluntary
 25 22 affidavit of paternity, after notice of the rights and
 25 23 consequences of such an acknowledgment, but shall not be
 25 24 required to sign an affidavit or otherwise relinquish the
 25 25 right to blood or genetic tests.
 25 26    d.  The unit shall promptly notify the individual and the
 25 27 appropriate division of the department administering the
 25 28 public assistance program of each determination by the unit of
 25 29 noncooperation of the individual and the reason for such
 25 30 determination.
 25 31    e.  A procedure under which the individual may claim that,
 25 32 and the department shall determine whether, the individual has
 25 33 sufficient good cause or other exception for not cooperating,
 25 34 taking into consideration the best interest of the child.
 25 35    4.  Without need for a court order and notwithstanding the
 26  1 requirements of section 598.22A, the support payment ordered
 26  2 pursuant to any chapter shall be satisfied as to the
 26  3 department, the child, and either parent for the period during
 26  4 which the parents are reconciled and are cohabiting, the child
 26  5 for whom support is ordered is living in the same residence as
 26  6 the parents, and the obligor receives public assistance on the
 26  7 obligor's own behalf for the benefit of the child.  The
 26  8 department shall implement this subsection as follows:
 26  9    a.  The unit shall file a notice of satisfaction with the
 26 10 clerk of court.
 26 11    b.  This subsection shall not apply unless all the children
 26 12 for whom support is ordered reside with both parents, except
 26 13 that a child may be absent from the home due to a foster care
 26 14 placement pursuant to chapter 234 or a comparable law of a
 26 15 foreign jurisdiction.
 26 16    c.  The unit shall send notice by regular mail to the
 26 17 obligor when the provisions of this subsection no longer
 26 18 apply.  A copy of the notice shall be filed with the clerk of
 26 19 court.
 26 20    d.  This section shall not limit the rights of the parents
 26 21 or the department to proceed by other means to suspend,
 26 22 terminate, modify, reinstate, or establish support.
 26 23    Sec. 27.  Section 252B.4, unnumbered paragraph 1, Code
 26 24 1997, is amended to read as follows:
 26 25    The child support and paternity determination services
 26 26 established by the department pursuant to this chapter and
 26 27 other appropriate services provided by law including but not
 26 28 limited to the provisions of chapters 239, 252A, 252C, 252D,
 26 29 252E, 252F, 598, and 600B shall be made available by the unit
 26 30 to an individual not otherwise eligible as a public assistance
 26 31 recipient upon application by the individual for the services
 26 32 or upon referral as described in subsection 6.  The
 26 33 application shall be filed with the department.
 26 34    Sec. 28.  Section 252B.4, subsection 3, Code 1997, is
 26 35 amended by striking the subsection.
 27  1    Sec. 29.  Section 252B.4, Code 1997, is amended by adding
 27  2 the following new subsection:
 27  3    NEW SUBSECTION.  6.  The unit shall also provide child
 27  4 support and paternity determination services and shall respond
 27  5 as provided in federal law for an individual not otherwise
 27  6 eligible as a public assistance recipient if the unit receives
 27  7 a request from any of the following:
 27  8    a.  A child support agency.
 27  9    b.  A foreign reciprocating country or foreign country with
 27 10 which the state has an arrangement as provided in 42 U.S.C. }
 27 11 659A.
 27 12    Sec. 30.  Section 252B.5, subsection 3, Code 1997, is
 27 13 amended to read as follows:
 27 14    3.  Aid in enforcing through court or administrative
 27 15 proceedings an existing court order for support issued
 27 16 pursuant to chapter 252A, 252C, 252F, 598, or 600B, or any
 27 17 other chapter under which child or medical support is granted.
 27 18 The director may enter into a contract with a private
 27 19 collection agency to collect support payments for cases which
 27 20 have been identified by the department as difficult collection
 27 21 cases if the department determines that this form of
 27 22 collection is more cost-effective than departmental collection
 27 23 methods.  The department shall utilize, to the maximum extent
 27 24 possible, every available automated process to collect support
 27 25 payments prior to referral of a case to a private collection
 27 26 agency.  A private collection agency with whom the department
 27 27 enters a contract under this subsection shall comply with
 27 28 state and federal confidentiality requirements and debt
 27 29 collection laws.  The director may use a portion of the state
 27 30 share of funds collected through this means to pay the costs
 27 31 of any contract authorized under this subsection.
 27 32    Sec. 31.  Section 252B.5, subsection 7, unnumbered
 27 33 paragraph 1, Code 1997, is amended to read as follows:
 27 34    At the request of either parent who is subject to the order
 27 35 of support or upon its own initiation, review the amount of
 28  1 the support award in accordance with the guidelines
 28  2 established pursuant to section 598.21, subsection 4, and the
 28  3 federal Family Support Act of 1988 Title IV-D of the federal
 28  4 Social Security Act, as amended, and take action to initiate
 28  5 modification proceedings if the criteria established pursuant
 28  6 to this section are met.  However, a review of a support award
 28  7 is not required in those cases for which an assignment ordered
 28  8 pursuant to chapter 234 or 239 is in effect if the child
 28  9 support recovery unit determines that such a review would not
 28 10 be in the best interest of the child and neither parent has
 28 11 requested such review.
 28 12    Sec. 32.  Section 252B.5, subsection 9, Code 1997, is
 28 13 amended to read as follows:
 28 14    9.  The review and adjustment, or modification, or
 28 15 alteration of a support order pursuant to chapter 252H upon
 28 16 adoption of rules pursuant to chapter 17A governing policies
 28 17 and procedures for review and adjustment or modification and
 28 18 periodic notification, at a minimum of once every three years,
 28 19 to parents subject to a support order of their rights to these
 28 20 services.
 28 21    Sec. 33.  Section 252B.5, Code 1997, is amended by adding
 28 22 the following new subsections:
 28 23    NEW SUBSECTION.  10.  The unit shall not establish orders
 28 24 for spousal support.  The unit shall enforce orders for
 28 25 spousal support only if the spouse is the custodial parent of
 28 26 a child for whom the unit is also enforcing a child support or
 28 27 medical support order.
 28 28    NEW SUBSECTION.  11.  a.  Effective October 1, 1997,
 28 29 periodically certify to the secretary of the United States
 28 30 department of health and human services, a list of the names
 28 31 of obligors determined by the unit to owe delinquent child
 28 32 support, under a support order as defined in section 252J.1,
 28 33 in excess of five thousand dollars.  The determination of the
 28 34 delinquent amount owed may be based upon one or more support
 28 35 orders being enforced by the unit if the delinquent support
 29  1 owed exceeds five thousand dollars.  The determination shall
 29  2 include any amounts which are delinquent pursuant to the
 29  3 periodic payment plan when a modified order has been
 29  4 retroactively applied.  The certification shall be in a format
 29  5 and shall include any supporting documentation required by the
 29  6 secretary.
 29  7    b.  All of the following shall apply to an action initiated
 29  8 by the unit under this subsection:
 29  9    (1)  At least thirty days prior to provision of
 29 10 certification to the secretary, the unit shall send notice by
 29 11 regular mail to the last known address of the obligor.  The
 29 12 notice shall include all of the following:
 29 13    (a)  A statement that the unit has determined that the
 29 14 obligor owes delinquent child support in excess of five
 29 15 thousand dollars.
 29 16    (b)  A statement that upon certification by the unit to the
 29 17 secretary, the secretary will transmit the certification to
 29 18 the United States secretary of state for denial, revocation,
 29 19 restriction, or limitation of a passport as provided in 42
 29 20 U.S.C. } 652(k).
 29 21    (c)  Information regarding the procedures for challenging
 29 22 the determination by the unit, based upon mistake of fact.
 29 23 For the purposes of this subsection, "mistake of fact" means a
 29 24 mistake in the identity of the obligor or a mistake in the
 29 25 amount of the delinquent child support owed if the amount did
 29 26 not exceed five thousand dollars on the date of the unit's
 29 27 decision on the challenge.
 29 28    (2)  (a)  If the obligor chooses to challenge the
 29 29 determination, the obligor shall submit the challenge in
 29 30 writing to the unit, to be received by the unit within twenty
 29 31 days of the date of the notice to the obligor.  The obligor
 29 32 shall include any relevant information in the written
 29 33 challenge.
 29 34    (b)  Upon timely receipt of the written challenge, the unit
 29 35 shall review the determination for a mistake of fact.
 30  1    (c)  Following review of the determination, the unit shall
 30  2 send a written decision to the obligor within ten days of
 30  3 timely receipt of the written challenge.
 30  4    (i)  If the unit determines that a mistake of fact exists,
 30  5 the unit shall not certify the name of the obligor to the
 30  6 secretary.
 30  7    (ii)  If the unit determines that a mistake of fact does
 30  8 not exist, the unit shall certify the name of the obligor to
 30  9 the secretary no earlier than ten days following the issuance
 30 10 of the decision, unless, within ten days of the issuance of
 30 11 the decision, the obligor requests a contested case proceeding
 30 12 pursuant to chapter 17A or makes a payment for child support
 30 13 so that the amount of delinquent child support no longer
 30 14 exceeds five thousand dollars.
 30 15    (3)  Following issuance of a final decision under chapter
 30 16 17A that no mistake of fact exists, the obligor may request a
 30 17 hearing before the district court in the county where one or
 30 18 more of the support orders upon which the determination is
 30 19 based is filed.  To request a hearing, the obligor shall file
 30 20 a written application with the court contesting the decision
 30 21 and shall send a copy of the application to the unit by
 30 22 regular mail.  Notwithstanding the time specifications of
 30 23 section 17A.19, an application for a hearing shall be filed
 30 24 with the court no later than ten days after issuance of the
 30 25 final decision.  The clerk of the district court shall
 30 26 schedule a hearing and shall mail a copy of the order
 30 27 scheduling the hearing to the obligor and to the unit.  The
 30 28 unit shall certify a copy of its written decision indicating
 30 29 the date of issuance to the court prior to the hearing.  The
 30 30 hearing shall be held within thirty days of the filing of the
 30 31 application.  The filing of an application for a hearing shall
 30 32 stay the certification by the unit to the secretary.  However,
 30 33 if the obligor fails to appear at the scheduled hearing, the
 30 34 stay shall be automatically lifted and the unit shall certify
 30 35 the name of the obligor to the secretary.  The scope of the
 31  1 review by the district court shall be limited to demonstration
 31  2 of a mistake of fact.  Issues related to visitation, custody,
 31  3 or other provisions not related to the support provisions of a
 31  4 support order are not grounds for a hearing under this
 31  5 subsection.
 31  6    c.  Following certification to the secretary, if the unit
 31  7 determines that an obligor no longer owes delinquent child
 31  8 support in excess of five thousand dollars, the unit shall
 31  9 notify the secretary of the change or shall provide
 31 10 information to the secretary as the secretary requires.
 31 11    Sec. 34.  Section 252B.6, subsection 3, Code 1997, is
 31 12 amended to read as follows:
 31 13    3.  Appear on behalf of the state for the purpose of
 31 14 facilitating the modification of support awards consistent
 31 15 with guidelines established pursuant to section 598.21,
 31 16 subsection 4, and the federal Family Support Act of 1988 Title
 31 17 IV-D of the federal Social Security Act.  The unit shall not
 31 18 otherwise participate in the proceeding.
 31 19    Sec. 35.  NEW SECTION.  252B.6A  EXTERNAL SERVICES.
 31 20    1.  Provided that the action is consistent with applicable
 31 21 federal law and regulation, an attorney licensed in this state
 31 22 shall receive compensation as provided in this section for
 31 23 support collected as the direct result of a judicial
 31 24 proceeding maintained by the attorney, if all of the following
 31 25 apply to the case:
 31 26    a.  The unit is providing services under this chapter.
 31 27    b.  The current support obligation is terminated and only
 31 28 arrearages are due under an administrative or court order and
 31 29 there has been no payment under the order for at least the
 31 30 twelve-month period prior to the provision of notice to the
 31 31 unit by the attorney under this section.
 31 32    c.  Support is assigned to the state based upon cash
 31 33 assistance paid under chapter 239, or its successor.
 31 34    d.  The attorney has provided written notice to the central
 31 35 office of the unit and to the obligee at the last known
 32  1 address of the obligee of the intent to initiate a specified
 32  2 judicial proceeding, at least thirty days prior to initiating
 32  3 the proceeding.
 32  4    e.  The attorney has provided documentation to the unit
 32  5 that the attorney is insured against loss caused by the
 32  6 attorney's legal malpractice or acts or omissions of the
 32  7 attorney which result in loss to the state or other person.
 32  8    f.  The collection is received by the collection services
 32  9 center within ninety days of provision of the notice to the
 32 10 unit.  An attorney may provide subsequent notices to the unit
 32 11 to extend the time for receipt of the collection by subsequent
 32 12 ninety-day periods.
 32 13    2.  a.  If, prior to February 15, 1998, notice is provided
 32 14 pursuant to subsection 1 to initiate a specific judicial
 32 15 proceeding, this section shall not apply to the proceeding
 32 16 unless the unit consents to the proceeding.
 32 17    b.  (1)  If, on or after February 15, 1998, notice is
 32 18 provided pursuant to subsection 1 to initiate a specific
 32 19 judicial proceeding, this section shall apply to the
 32 20 proceeding only if the case is exempt from application of
 32 21 rules adopted by the department pursuant to subparagraph (2)
 32 22 which limit application of this section.
 32 23    (2)  The department shall adopt rules which include, but
 32 24 are not limited to, exemption from application of this section
 32 25 to proceedings based upon, but not limited to, any of the
 32 26 following:
 32 27    (a)  A finding of good cause pursuant to section 252B.3.
 32 28    (b)  The existence of a support obligation due another
 32 29 state based upon public assistance provided by that state.
 32 30    (c)  The maintaining of another proceeding by an attorney
 32 31 under this section for which the unit has not received notice
 32 32 that the proceeding has concluded or the ninety-day period
 32 33 during which a collection may be received pertaining to the
 32 34 same case has not yet expired.
 32 35    (d)  The initiation of a seek employment action under
 33  1 section 252B.21, and the notice from the attorney indicates
 33  2 that the attorney intends to pursue a contempt action.
 33  3    (e)  Any other basis for exemption of a specified
 33  4 proceeding designated by rule which relates to collection and
 33  5 enforcement actions provided by the unit.
 33  6    3.  The unit shall issue a response to the attorney
 33  7 providing notice within ten days of receipt of the notice.
 33  8 The response shall advise the attorney whether the case to
 33  9 which the specified judicial proceeding applies meets the
 33 10 requirements of this section.
 33 11    4.  For the purposes of this section, a "judicial
 33 12 proceeding" means an action to enforce support filed with a
 33 13 court of competent jurisdiction in which the court issues an
 33 14 order which identifies the amount of the support collection
 33 15 which is a direct result of the court proceeding.  "Judicial
 33 16 proceedings" include but are not limited to those pursuant to
 33 17 chapters 598, 626, 633, 642, 654, or 684 and also include
 33 18 contempt proceedings if the collection payment is identified
 33 19 in the court order as the result of such a proceeding.
 33 20 "Judicial proceedings" do not include enforcement actions
 33 21 which the unit is required to implement under federal law
 33 22 including, but not limited to, income withholding.
 33 23    5.  All of the following are applicable to a collection
 33 24 which is the result of a judicial proceeding which meets the
 33 25 requirements of this section:
 33 26    a.  All payments made as the result of a judicial
 33 27 proceeding under this section shall be made to the clerk of
 33 28 the district court or to the collection services center and
 33 29 shall not be made to the attorney.  Payments received by the
 33 30 clerk of the district court shall be forwarded to the
 33 31 collection services center as provided in section 252B.15.
 33 32    b.  The attorney shall be entitled to receive an amount
 33 33 which is equal to twenty-five percent of the support collected
 33 34 as the result of the specified judicial proceeding not to
 33 35 exceed the amount of the nonfederal share of assigned support
 34  1 collected as the result of that proceeding.  The amount paid
 34  2 under this paragraph is the full amount of compensation due
 34  3 the attorney for a proceeding under this section and is in
 34  4 lieu of any attorney fees.  The court shall not order the
 34  5 obligor to pay additional attorney fees.  The amount of
 34  6 compensation calculated by the unit is subject, upon
 34  7 application of the attorney, to judicial review.
 34  8    c.  Any support collected shall be disbursed in accordance
 34  9 with federal requirements and any support due the obligee
 34 10 shall be disbursed to the obligee prior to disbursement to the
 34 11 attorney as compensation.
 34 12    d.  The collection services center shall disburse
 34 13 compensation due the attorney only from the nonfederal share
 34 14 of assigned collections.  The collection services center shall
 34 15 not disburse any compensation for court costs.
 34 16    e.  The unit may delay disbursement to the attorney pending
 34 17 the resolution of any timely appeal by the obligor or obligee.
 34 18    f.  Negotiation of a partial payment or settlement for
 34 19 support shall not be made without the approval of the unit and
 34 20 the obligee, as applicable.
 34 21    6.  The attorney initiating a judicial proceeding under
 34 22 this section shall notify the unit when the judicial
 34 23 proceeding is completed.
 34 24    7.  a.  An attorney who initiates a judicial proceeding
 34 25 under this section represents the state for the sole and
 34 26 limited purpose of collecting support to the extent provided
 34 27 in this section.
 34 28    b.  The attorney is not an employee of the state and has no
 34 29 right to any benefit or compensation other than as specified
 34 30 in this section.
 34 31    c.  The state is not liable or subject to suit for any acts
 34 32 or omissions resulting in any damages as a consequence of the
 34 33 attorney's acts or omissions under this section.
 34 34    d.  The attorney shall hold the state harmless from any act
 34 35 or omissions of the attorney which may result in any penalties
 35  1 or sanctions, including those imposed under federal bankruptcy
 35  2 laws, and the state may recover any penalty or sanction
 35  3 imposed by offsetting any compensation due the attorney under
 35  4 this section for collections received as a result of any
 35  5 judicial proceeding initiated under this section.
 35  6    e.  The attorney initiating a proceeding under this section
 35  7 does not represent the obligor.
 35  8    8.  The unit shall comply with all state and federal laws
 35  9 regarding confidentiality.  The unit may release to an
 35 10 attorney who has provided notice under this section,
 35 11 information regarding child support balances due, to the
 35 12 extent provided under such laws.
 35 13    9.  This section shall not be interpreted to prohibit the
 35 14 unit from providing services or taking other actions to
 35 15 enforce support as provided under this chapter.
 35 16    Sec. 36.  Section 252B.7, subsection 4, Code 1997, is
 35 17 amended to read as follows:
 35 18    4.  An attorney employed by or under contract with the
 35 19 child support recovery unit represents and acts exclusively on
 35 20 behalf of the state when providing child support enforcement
 35 21 services.  An attorney-client relationship does not exist
 35 22 between the attorney and an individual party, witness, or
 35 23 person other than the state, regardless of the name in which
 35 24 the action is brought.
 35 25    Sec. 37.  Section 252B.7A, subsection 1, paragraph a and
 35 26 paragraph d, Code 1997, are amended to read as follows:
 35 27    a.  Income as identified in a signed statement of the
 35 28 parent pursuant to section 252B.9, subsection 1, paragraph
 35 29 "b".  If evidence suggests that the statement is incomplete or
 35 30 inaccurate, the unit may present the evidence to the court in
 35 31 a judicial proceeding or to the administrator in a proceeding
 35 32 under chapter 252C or a comparable chapter, and the court or
 35 33 administrator shall weigh the evidence in setting the support
 35 34 obligation.  Evidence includes but is not limited to income as
 35 35 established under paragraph "c".
 36  1    d.  The Until such time as the department adopts rules
 36  2 establishing a different standard for determining the income
 36  3 of a parent who does not provide income information or for
 36  4 whom income information is not available, the estimated state
 36  5 median income for a one-person family as published annually in
 36  6 the Federal Register for use by the federal office of
 36  7 community services, office of energy assistance, for the
 36  8 subsequent federal fiscal year.
 36  9    Sec. 38.  NEW SECTION.  252B.7B  INFORMATIONAL MATERIALS
 36 10 PROVIDED BY THE UNIT.
 36 11    1.  The unit shall prepare and make available to the
 36 12 public, informational materials which explain the unit's
 36 13 procedures including, but not limited to, procedures with
 36 14 regard to all of the following:
 36 15    a.  Accepting applications for services.
 36 16    b.  Locating individuals.
 36 17    c.  Establishing paternity.
 36 18    d.  Establishing support.
 36 19    e.  Enforcing support.
 36 20    f.  Modifying, suspending, or reinstating support.
 36 21    g.  Terminating services.
 36 22    2.  The informational materials shall include general
 36 23 information about and descriptions of the processes involved
 36 24 relating to the services provided by the unit including
 36 25 application for services, fees for services, the
 36 26 responsibilities of the recipient of services, resolution of
 36 27 disagreements with the unit, rights to challenge the actions
 36 28 of the unit, and obtaining additional information.
 36 29    Sec. 39.  Section 252B.9, Code 1997, is amended to read as
 36 30 follows:
 36 31    252B.9  INFORMATION AND ASSISTANCE FROM OTHERS –
 36 32 AVAILABILITY OF RECORDS.
 36 33    1.  a.  The director may request from state, county and
 36 34 local agencies, information and assistance deemed necessary to
 36 35 carry out the provisions of this chapter.  State, county and
 37  1 local agencies, officers and employees shall co-operate with
 37  2 the unit in locating absent parents of children on whose
 37  3 behalf public assistance is being provided and shall on
 37  4 request supply the department with available information
 37  5 relative to the location, income and property holdings of the
 37  6 absent parent, and the custodial parent, and any other
 37  7 necessary party, notwithstanding any provisions of law making
 37  8 this information confidential.  The cooperation and
 37  9 information required by this subsection shall also be provided
 37 10 to the department when it is requested by the unit on behalf
 37 11 of persons who have applied for support enforcement services a
 37 12 child support agency.  Information required by this subsection
 37 13 includes, but is not limited to, information relative to
 37 14 location, income, property holdings, records of licenses as
 37 15 defined in section 252J.1, and records concerning the
 37 16 ownership and control of corporations, partnerships, and other
 37 17 business entities.  If the information is maintained in an
 37 18 automated database, the unit shall be provided automated
 37 19 access.
 37 20    b.  Parents of a child on whose behalf support enforcement
 37 21 services are provided shall provide information regarding
 37 22 income, resources, financial circumstances, and property
 37 23 holdings to the department for the purpose of establishment,
 37 24 modification, or enforcement of a support obligation.  The
 37 25 department may provide the information to parents of a child
 37 26 as needed to implement the requirements of section 598.21,
 37 27 subsection 4, notwithstanding any provisions of law making
 37 28 this information confidential.
 37 29    c.  Notwithstanding any provisions of law making this
 37 30 information confidential, all persons, including for-profit,
 37 31 nonprofit, and governmental employers, shall, on request,
 37 32 promptly supply the unit or a child support agency information
 37 33 on the employment, compensation, and benefits of any
 37 34 individual employed by such person as an employee or
 37 35 contractor with relation to whom the unit or a child support
 38  1 agency is providing services.
 38  2    d.  Notwithstanding any provisions of law making this
 38  3 information confidential, the unit may subpoena or a child
 38  4 support agency may use the administrative subpoena form
 38  5 promulgated by the secretary of the United States department
 38  6 of health and human services under 42 U.S.C. } 652(a)(11)(C),
 38  7 to obtain any of the following:
 38  8    (1)  Books, papers, records, or information regarding any
 38  9 financial or other information relating to a paternity or
 38 10 support proceeding.
 38 11    (2)  Certain records held by public utilities and cable
 38 12 television companies with respect to individuals who owe or
 38 13 are owed support, or against or with respect to whom a support
 38 14 obligation is sought, consisting of the names and addresses of
 38 15 such individuals and the names and addresses of the employers
 38 16 of such individuals, as appearing in customer records.  If the
 38 17 records are maintained in automated databases, the unit shall
 38 18 be provided with automated access.
 38 19    e.  The unit or a child support agency may subpoena
 38 20 information for one or more individuals.
 38 21    f.  If the unit or a child support agency issues a request
 38 22 under paragraph "c", or a subpoena under paragraph "d", all of
 38 23 the following shall apply:
 38 24    (1)  The unit or child support agency may issue a request
 38 25 or subpoena to a person by sending it by regular mail.  Proof
 38 26 of service may be completed according to R.C.P. 82.
 38 27    (2)  A person who is not a parent or putative father in a
 38 28 paternity or support proceeding, who is issued a request or
 38 29 subpoena, shall be provided an opportunity to refuse to comply
 38 30 for good cause by filing a request for a conference with the
 38 31 unit or child support agency in the manner and within the time
 38 32 specified in rules adopted pursuant to subparagraph (7).
 38 33    (3)  Good cause shall be limited to mistake in the identity
 38 34 of the person, or prohibition under federal law to release
 38 35 such information.
 39  1    (4)  After the conference the unit shall issue a notice
 39  2 finding that the person has good cause for refusing to comply,
 39  3 or a notice finding that the person does not have good cause
 39  4 for failing to comply.  If the person refuses to comply after
 39  5 issuance of notice finding lack of good cause, or refuses to
 39  6 comply and does not request a conference, the person is
 39  7 subject to a penalty of one hundred dollars per refusal.
 39  8    (5)  If the person fails to comply with the request or
 39  9 subpoena, fails to request a conference, and fails to pay a
 39 10 fine imposed under subparagraph (4), the unit may petition the
 39 11 district court to compel the person to comply with this
 39 12 paragraph.  If the person objects to imposition of the fine,
 39 13 the person may seek judicial review by the district court.
 39 14    (6)  If a parent or putative father fails to comply with a
 39 15 subpoena or request for information, the provisions of chapter
 39 16 252J shall apply.
 39 17    (7)  The unit may adopt rules pursuant to chapter 17A to
 39 18 implement this section.
 39 19    g.  Notwithstanding any provisions of law making this
 39 20 information confidential, the unit or a child support agency
 39 21 shall have access to records and information held by financial
 39 22 institutions with respect to individuals who owe or are owed
 39 23 support, or with respect to whom a support obligation is
 39 24 sought including information on assets and liabilities.  If
 39 25 the records are maintained in automated databases, the unit
 39 26 shall be provided with automated access.  For the purposes of
 39 27 this section, "financial institution" means financial
 39 28 institution as defined in section 252I.1.
 39 29    h.  Notwithstanding any law to the contrary, the unit and a
 39 30 child support agency shall have access to any data maintained
 39 31 by the state of Iowa which contains information that would aid
 39 32 the agency in locating individuals.  Such information shall
 39 33 include, but is not limited to, driver's license, motor
 39 34 vehicle, and criminal justice information.  However, the
 39 35 information does not include criminal investigative reports or
 40  1 intelligence files maintained by law enforcement.  The unit
 40  2 and child support agency shall use or disclose the information
 40  3 obtained pursuant to this paragraph only in accordance with
 40  4 subsection 3.  Criminal history records maintained by the
 40  5 department of public safety shall be disclosed in accordance
 40  6 with chapter 692.
 40  7    i.  Liability shall not arise under this subsection with
 40  8 respect to any disclosure by a person as required by this
 40  9 subsection, and no advance notice from the unit or a child
 40 10 support agency is required prior to requesting information or
 40 11 assistance or issuing a subpoena under this subsection.
 40 12    2.  Notwithstanding other statutory provisions to the
 40 13 contrary, including but not limited to chapters 22 and 217, as
 40 14 the chapters relate to confidentiality of records maintained
 40 15 by the department, the payment records of the collection
 40 16 services center maintained under section 252B.13A are public
 40 17 records only as follows:
 40 18    a.  Payment records of the collection services center which
 40 19 are maintained pursuant to chapter 598 are public records and
 40 20 may be released upon request.
 40 21    b.  Except as otherwise provided in subsection 1, the
 40 22 department shall not release details related to payment
 40 23 records or provide alternative formats for release of the
 40 24 information, with the following additional exceptions:
 40 25    (1)  The unit or collection services center may provide
 40 26 additional detail or present the information in an alternative
 40 27 format to an individual or to the individual's legal repre-
 40 28 sentative if the individual owes or is owed a support obliga-
 40 29 tion, to an agency assigned the obligation as the result of
 40 30 receipt by a party of public assistance, to an agency charged
 40 31 with enforcing child support pursuant to Title IV-D of the
 40 32 federal Social Security Act, or to the court.
 40 33    (2)  For support orders entered in Iowa which are being
 40 34 enforced by the unit, the unit may compile and make available
 40 35 for publication a listing of cases in which no payment has
 41  1 been credited to an accrued or accruing support obligation
 41  2 during a previous three-month period.  Each case on the list
 41  3 shall be identified only by the name of the support obligor,
 41  4 the address, if known, of the support obligor, unless the
 41  5 information pertaining to the address of the support obligor
 41  6 is protected through confidentiality requirements established
 41  7 by law and has not otherwise been verified with the unit, the
 41  8 support obligor's court order docket or case number, the
 41  9 county in which the obligor's support order is filed, the
 41 10 collection services center case numbers, and the range within
 41 11 which the balance of the support obligor's delinquency is
 41 12 established.  The department shall determine dates for the
 41 13 release of information, the specific format of the information
 41 14 released, and the three-month period used as a basis for
 41 15 identifying cases.  The department may not release the
 41 16 information more than twice annually.  In compiling the
 41 17 listing of cases, no prior public notice to the obligor is
 41 18 required, but the unit may send notice annually by mail to the
 41 19 current known address of any individual owing a support
 41 20 obligation which is being enforced by the unit.  The notice
 41 21 shall inform the individual of the provisions of this
 41 22 subparagraph.  Actions taken pursuant to this subparagraph are
 41 23 not subject to review under chapter 17A, and the lack of
 41 24 receipt of a notice does not prevent the unit from proceeding
 41 25 in implementing this subparagraph.
 41 26    (3)  The provisions of subparagraph (2) may be applied to
 41 27 support obligations entered in another state, at the request
 41 28 of an initiating state a child support agency if the
 41 29 initiating state child support agency has demonstrated that
 41 30 the provisions of subparagraph (2) are not in conflict with
 41 31 the laws of the state where the support obligation is entered
 41 32 and the unit is enforcing the support obligation.  For the
 41 33 purposes of this subparagraph, "initiating state" means any
 41 34 child support enforcement agency operating under the
 41 35 provisions of Title IV-D of the federal Social Security Act.
 42  1    3.  Notwithstanding other statutory provisions to the
 42  2 contrary, including but not limited to, chapters 22 and 217,
 42  3 as the chapters relate to the confidentiality of records
 42  4 maintained by the department, information recorded by the
 42  5 department pursuant to this section or obtained by the unit is
 42  6 confidential and, except when prohibited by federal law or
 42  7 regulation, may be used or disclosed as provided in subsection
 42  8 1, paragraph "b" and "h", and subsection 2, and as follows:
 42  9    c a.  The attorney general may utilize the information of
 42 10 the unit to secure, modify, or enforce a support obligation of
 42 11 an individual, unless otherwise prohibited by federal law.
 42 12    d b.  This subsection shall not permit or require the
 42 13 release of information contained in the case records of the
 42 14 unit, except to the extent provided in this section.
 42 15    c.  The unit may release or disclose information as
 42 16 necessary to provide services under section 252B.5, as
 42 17 provided by Title IV-D of the federal Social Security Act, as
 42 18 amended, or as required by federal law.
 42 19    d.  After contact with the nonrequesting party, information
 42 20 on the location of a party may be released to a party unless
 42 21 the unit has or obtains knowledge of a protective order
 42 22 against the requesting party with respect to a nonrequesting
 42 23 party, or unless the unit has or obtains reasonable evidence
 42 24 of domestic violence or child abuse or reason to believe that
 42 25 the release of the information may result in physical or
 42 26 emotional harm to a nonrequesting party or a child, and if one
 42 27 of the following conditions is met:
 42 28    (1)  Release of the information is required by federal law
 42 29 or regulation.
 42 30    (2)  Release of the information is required by chapter
 42 31 252K.
 42 32    (3)  The requesting party demonstrates a need for that
 42 33 information to notify a nonrequesting party of a proceeding
 42 34 relating to a child who is subject to a paternity or support
 42 35 order being enforced by the unit for a child of the parties.
 43  1    e.  Information may be released if directly connected with
 43  2 any of the following:
 43  3    (1)  The administration of the plan or program approved
 43  4 under Title I, IV-A, IV-B, IV-D, IV-E, X, XIV, XVI, XIX, or
 43  5 XX, or the supplemental security income program established
 43  6 under Title XVI of the federal Social Security Act, as
 43  7 amended.
 43  8    (2)  Any investigations, prosecutions, or criminal or civil
 43  9 proceeding conducted in connection with the administration of
 43 10 any such plan or program.
 43 11    (3)  The administration of any other federal or federally
 43 12 assisted program which provides assistance in cash or in kind
 43 13 or provides services, directly to individuals on the basis of
 43 14 need.
 43 15    (4)  Reporting to an appropriate agency or official,
 43 16 information on known or suspected instances of physical or
 43 17 mental injury, sexual abuse or exploitation, or negligent
 43 18 treatment or maltreatment of a child who is the subject of a
 43 19 child support enforcement action under circumstances which
 43 20 indicate that the child's health or welfare is threatened.
 43 21    3. f.  Except as otherwise provided in subsection 1,
 43 22 paragraph "b", and in subsection 2, information recorded by
 43 23 the department pursuant to this section shall be available
 43 24 only to the unit, attorneys prosecuting a case in which the
 43 25 unit may participate according to sections 252B.5 and 252B.6,
 43 26 Information may be released to courts having jurisdiction in
 43 27 support or abandonment proceedings, and agencies in other
 43 28 states charged with support collection and paternity
 43 29 determination responsibilities as determined by the rules of
 43 30 the department and the provisions of Title IV of the federal
 43 31 Social Security Act.  However, information relating to the
 43 32 location of an absent parent shall be made available, pursuant
 43 33 to federal regulations, to a resident parent, legal guardian,
 43 34 attorney, or agent of a child who is not receiving assistance
 43 35 under Title IV-A of the federal Social Security Act.  Unless
 44  1 otherwise prohibited by federal statute or regulation, the
 44  2    g.  The child support recovery unit shall release
 44  3 information relating to an absent parent to another unit of
 44  4 the department pursuant to a written request for the
 44  5 information approved by the director or the director's
 44  6 designee.
 44  7    h.  For purposes of this subsection, "party" means an
 44  8 absent parent, obligor, resident parent, or other necessary
 44  9 party.
 44 10    Sec. 40.  Section 252B.10, subsection 2, Code 1997, is
 44 11 amended to read as follows:
 44 12    2.  Any reasonable grounds for belief that a public
 44 13 employee has violated any provision of this chapter shall be
 44 14 grounds for immediate removal from all access to paternity
 44 15 determination and support collection data available through or
 44 16 recorded under section 252B.9.
 44 17    Sec. 41.  Section 252B.13A, Code 1997, is amended to read
 44 18 as follows:
 44 19    252B.13A  COLLECTION SERVICES CENTER.
 44 20    The department shall establish within the unit a collection
 44 21 services center for the receipt and disbursement of support
 44 22 payments as defined in section 252D.16A or 598.1 as required
 44 23 for orders by section 252B.14.  For purposes of this section,
 44 24 support payments do not include attorney fees, court costs, or
 44 25 property settlements.
 44 26    Sec. 42.  Section 252B.14, subsection 1, Code 1997, is
 44 27 amended to read as follows:
 44 28    1.  For the purposes of this section, "support order"
 44 29 includes any order entered pursuant to chapter 234, 252A,
 44 30 252C, 598, 600B, or any other support chapter or proceeding
 44 31 which establishes support payments as defined in section
 44 32 252D.16A or 598.1.
 44 33    Sec. 43.  Section 252B.14, subsection 3, Code 1997, is
 44 34 amended to read as follows:
 44 35    3.  For a support order as to which subsection 2 does not
 45  1 apply, support payments made pursuant to the order shall be
 45  2 directed to and disbursed by the clerk of the district court
 45  3 in the county in which the order for support is filed.  The
 45  4 clerk of the district court may require the obligor to submit
 45  5 payments by bank draft or money order if the obligor submits
 45  6 an insufficient funds support payment to the clerk of the
 45  7 district court.
 45  8    Sec. 44.  NEW SECTION.  252B.17A  IMAGING OR PHOTOGRAPHIC
 45  9 COPIES – ORIGINALS DESTROYED.
 45 10    1.  If the unit, in the regular course of business or
 45 11 activity, has recorded or received any memorandum, writing,
 45 12 entry, print, document, representation, or combination
 45 13 thereof, of any act, transaction, occurrence, event, or
 45 14 communication from any source, and in the regular course of
 45 15 business has caused any or all of the same to be recorded,
 45 16 copied, or reproduced by any photographic, photostatic,
 45 17 microfilm, microcard, miniature photographic, electronic
 45 18 imaging, electronic data processing, or other process which
 45 19 accurately reproduces or forms a durable medium for accurately
 45 20 and legibly reproducing an unaltered image or reproduction of
 45 21 the original, the original may be destroyed.  Such
 45 22 reproduction, when satisfactorily identified, is as admissible
 45 23 in evidence as the original itself in any judicial or
 45 24 administrative proceeding whether the original is in existence
 45 25 or not and an enlargement or facsimile of such reproduction is
 45 26 likewise admissible in evidence if the original recording,
 45 27 copy, or reproduction is in existence and available for
 45 28 inspection.  The introduction of a reproduced record,
 45 29 enlargement, or facsimile, does not preclude admission of the
 45 30 original.
 45 31    2.  The electronically imaged, copied, or otherwise
 45 32 reproduced record or document maintained or received by the
 45 33 unit, when certified over the signature of a designated
 45 34 employee of the unit, shall be considered to be satisfactorily
 45 35 identified.  Certified documents are deemed to have been
 46  1 imaged or copied or otherwise reproduced accurately and
 46  2 unaltered in the regular course of business, and such
 46  3 documents are admissible in any judicial or administrative
 46  4 proceeding as evidence.  Additional proof of the official
 46  5 character of the person certifying the record or authenticity
 46  6 of the person's signature shall not be required.  Whenever the
 46  7 unit or an employee of the unit is served with a summons,
 46  8 subpoena, subpoena duces tecum, or order directing production
 46  9 of such records, the unit or employee may comply by
 46 10 transmitting a copy of the record certified as described above
 46 11 to the district court.
 46 12    Sec. 45.  COOPERATION OF APPLICANT OR RECIPIENT – RULES.
 46 13    Until the department adopts rules pursuant to section
 46 14 252B.3, subsection 3, relating to cooperation by applicants or
 46 15 recipients of public assistance, the department shall apply
 46 16 existing rules regarding cooperation, except that the child
 46 17 support recovery unit, rather than the income maintenance
 46 18 unit, shall determine noncooperation of an applicant or
 46 19 recipient of public assistance under that subsection.  
 46 20                             PART B
 46 21    Sec. 46.  Section 252B.6, subsections 1, 2, and 4, Code
 46 22 1997, are amended to read as follows:
 46 23    1.  Represent the child state in obtaining a support order
 46 24 necessary to meet the child's needs or in enforcing a similar
 46 25 order previously entered.
 46 26    2.  Appear as a friend of the court Represent the state's
 46 27 interest in obtaining support for a child in dissolution of
 46 28 marriage and separate maintenance proceedings, or proceedings
 46 29 supplemental thereto to these proceedings or any other support
 46 30 proceedings, when either or both of the parties to the
 46 31 proceedings are receiving public assistance, for the purpose
 46 32 of advising the court of the financial interest of the state
 46 33 in the proceeding.
 46 34    4.  If public assistance has been applied for or granted on
 46 35 behalf of a child of parents who are legally separated or
 47  1 whose marriage has been legally dissolved, the unit may apply
 47  2 Apply to the district court for a court order directing either
 47  3 or both parents to show cause for the following: or initiate
 47  4 an administrative action, as necessary, to obtain, enforce, or
 47  5 modify support.
 47  6    a.  Why an order of support for the child should not be
 47  7 entered, or
 47  8    b.  Why the parent should not be held in contempt for
 47  9 failure to comply with a support order previously entered.
 47 10    Sec. 47.  Section 252B.7, subsection 1, paragraph b, Code
 47 11 1997, is amended to read as follows:
 47 12    b.  Cases under chapter 252A, the Uniform Support of
 47 13 Dependents Law.
 47 14    Sec. 48.  Section 252B.12, Code 1997, is amended to read as
 47 15 follows:
 47 16    252B.12  JURISDICTION OVER NONRESIDENT PARENTS.
 47 17    In an action to establish paternity or to establish or
 47 18 enforce a child support obligation, or to modify a support
 47 19 order, a nonresident person is subject to the jurisdiction of
 47 20 the courts of this state upon service of process of original
 47 21 notice in accordance with the rules of civil procedure, Iowa
 47 22 court rules, third edition, if any of the following
 47 23 circumstances exists: as specified in section 252K.201.
 47 24    1.  Any circumstance in which the nonresident has the
 47 25 necessary minimum contact with this state for the exercise of
 47 26 jurisdiction, consistent with the constitutions of this state
 47 27 and the United States.
 47 28    2.  The affected child was conceived in this state while at
 47 29 least one of the parents was a resident of this state and the
 47 30 nonresident is the parent or alleged parent of the child.
 47 31    3.  The affected child resides in this state as a result of
 47 32 the acts or directives or with the approval of the
 47 33 nonresident.
 47 34    4.  The nonresident has resided with the affected child in
 47 35 this state.
 48  1    Sec. 49.  Part B, sections 46 through 48 of this Act, are
 48  2 effective January 1, 1998.  
 48  3                          DIVISION III
 48  4    Sec. 50.  Section 252C.2, subsections 1 and 2, Code 1997,
 48  5 are amended to read as follows:
 48  6    1.  By accepting If public assistance for is provided by
 48  7 the department to or on behalf of a dependent child or a
 48  8 dependent child's caretaker, the recipient is deemed to have
 48  9 made there is an assignment by operation of law to the
 48 10 department of any and all right in, title to, and interest in
 48 11 any support obligation and, payment, and arrearages owed to or
 48 12 for the child or caretaker up to the amount of public
 48 13 assistance paid for or on behalf of the child or caretaker.
 48 14 Unless otherwise specified in the order, an equal and
 48 15 proportionate share of any child support awarded is presumed
 48 16 to be payable on behalf of each child subject to the order or
 48 17 judgment for purposes of an assignment under this section.
 48 18    2.  The payment of public assistance to or for the benefit
 48 19 of a dependent child or a dependent child's caretaker creates
 48 20 a support debt due and owing to the department by the
 48 21 responsible person in an amount equal to the public assistance
 48 22 payment, except that the support debt is limited to the amount
 48 23 of a support obligation established by court order or by the
 48 24 administrator.  The administrator may establish a support debt
 48 25 as to amounts accrued and accruing pursuant to section 598.21,
 48 26 subsection 4.  However, when establishing a support debt is
 48 27 not created in favor of the department obligation against a
 48 28 responsible person, no debt shall be created for the period
 48 29 during which the responsible person is a recipient on the
 48 30 person's own behalf of public assistance for the benefit of
 48 31 the dependent child or the dependent child's caretaker., if
 48 32 any of the following conditions exist:
 48 33    a.  The parents have reconciled and are cohabiting, and the
 48 34 child for whom support would otherwise be sought is living in
 48 35 the same residence as the parents.
 49  1    b.  The child is living with the parent from whom support
 49  2 would otherwise be sought.
 49  3    Sec. 51.  Section 252C.3, subsection 1, paragraph c,
 49  4 subparagraphs (2) and (4), Code 1997, are amended to read as
 49  5 follows:
 49  6    (2)  A statement that if a negotiation conference is
 49  7 requested, then the responsible person shall have ten days
 49  8 from the date set for the negotiation conference or twenty
 49  9 thirty days from the date of service of the original notice,
 49 10 whichever is later, to send a request for a hearing to the
 49 11 office of the child support recovery unit which issued the
 49 12 notice.
 49 13    (4)  A statement that if the administrator issues a new
 49 14 notice and finding of financial responsibility for child
 49 15 support or medical support, or both, then the responsible
 49 16 person shall have ten thirty days from the date of issuance of
 49 17 the new notice or twenty days from the date of service of the
 49 18 original notice, whichever is later, to send a request for a
 49 19 hearing to the office of the child support recovery unit which
 49 20 issued the notice.  If the administrator does not issue a new
 49 21 notice and finding of financial responsibility for child
 49 22 support or medical support, or both, the responsible party
 49 23 shall have ten days from the date of issuance of the
 49 24 conference report to send a request for a hearing to the
 49 25 office of the child support recovery unit which issued the
 49 26 conference report.
 49 27    Sec. 52.  Section 252C.3, subsection 1, paragraph d, Code
 49 28 1997, is amended to read as follows:
 49 29    d.  A statement that if the responsible person objects to
 49 30 all or any part of the notice or finding of financial
 49 31 responsibility for child support or medical support, or both,
 49 32 and a negotiation conference is not requested, the responsible
 49 33 person shall, within twenty thirty days of the date of service
 49 34 send to the office of the child support recovery unit which
 49 35 issued the notice a written response setting forth any
 50  1 objections and requesting a hearing.
 50  2    Sec. 53.  Section 252C.3, subsection 5, Code 1997, is
 50  3 amended to read as follows:
 50  4    5.  The responsible person shall be sent a copy of the
 50  5 order by regular mail addressed to the responsible person's
 50  6 last known address, or if applicable, to the last known
 50  7 address of the responsible person's attorney.  The order is
 50  8 final, and action by the administrator to enforce and collect
 50  9 upon the order, including arrearages and medical support, or
 50 10 both, may be taken from the date of issuance approval of the
 50 11 order by the court pursuant to section 252C.5.
 50 12    Sec. 54.  Section 252C.5, Code 1997, is amended by adding
 50 13 the following new subsection:
 50 14    NEW SUBSECTION.  4.  If the responsible party appeals the
 50 15 order approved by the court under this section, and the court
 50 16 on appeal establishes an amount of support which is less than
 50 17 the amount of support established under the approved order,
 50 18 the court, in the order issued on appeal, shall reconcile the
 50 19 amounts due and shall provide that any amount which represents
 50 20 the unpaid difference between the amount under the approved
 50 21 order and the amount under the order of the court on appeal is
 50 22 satisfied.
 50 23    Sec. 55.  Section 252C.7, Code 1997, is repealed.  
 50 24                           DIVISION IV
 50 25                             PART A
 50 26    Sec. 56.  Section 252D.1, Code 1997, is amended to read as
 50 27 follows:
 50 28    252D.1  SUPPORT DEFINITION – DELINQUENT SUPPORT PAYMENTS
 50 29 – ASSIGNMENT OF INCOME.
 50 30    1.  As used in this chapter, unless the context otherwise
 50 31 requires, "support" or "support payments" means any amount
 50 32 which the court may require a person to pay for the benefit of
 50 33 a child under a temporary order or a final judgment or decree,
 50 34 and may include child support, maintenance, medical support as
 50 35 defined in chapter 252E, and, if contained in a child support
 51  1 order, spousal support, and any other term used to describe
 51  2 these obligations.  These obligations may include support for
 51  3 a child who is between the ages of eighteen and twenty-two
 51  4 years and who is regularly attending an accredited school in
 51  5 pursuance of a course of study leading to a high school
 51  6 diploma or its equivalent, or regularly attending a course of
 51  7 vocational technical training either as a part of a regular
 51  8 school program or under special arrangements adapted to the
 51  9 individual person's needs, or is, in good faith, a full-time
 51 10 student in a college, university, or community college, or has
 51 11 been accepted for admission to a college, university, or
 51 12 community college and the next regular term has not yet begun;
 51 13 and may include support for a child of any age who is
 51 14 dependent on the parties to the dissolution proceedings
 51 15 because of physical or mental disability.
 51 16    2.  If support payments ordered under chapter 232, 234,
 51 17 252A, 252C, 252D, 252E, 252F, 598, 600B, or any other
 51 18 applicable chapter, or under a comparable statute of a foreign
 51 19 jurisdiction, as certified to the child support recovery unit
 51 20 established in section 252B.2, are not paid to the clerk of
 51 21 the district court or the collection services center pursuant
 51 22 to section 598.22 and become delinquent in an amount equal to
 51 23 the payment for one month, the child support recovery unit may
 51 24 enter an ex parte order or, upon application of a person
 51 25 entitled to receive the support payments, the child support
 51 26 recovery unit or the district court may enter an ex parte
 51 27 order, notifying the person whose income is to be assigned
 51 28 withheld, of the delinquent amount, of the amount of income,
 51 29 wages, compensation, or benefits to be withheld, and of the
 51 30 procedure to file a motion to quash the order of assignment
 51 31 for income withholding, and shall order an assignment of
 51 32 income requiring ordering the withholding of specified sums to
 51 33 be deducted from the delinquent person's periodic earnings,
 51 34 trust income, compensation, benefits, or other income as
 51 35 defined in section 252D.16A sufficient to pay the support
 52  1 obligation and, except as provided in section 598.22,
 52  2 requiring the payment of such sums to the clerk of the
 52  3 district court or the collection services center.
 52  4 Notification of income withholding shall be provided to the
 52  5 obligor and to the payor of earnings, trust income, or other
 52  6 income pursuant to section 252D.17.
 52  7    3.  A person entitled by court order to receive support
 52  8 payments or a person responsible for enforcing such a court
 52  9 order may petition the clerk of the district court for an
 52 10 assignment of income.  If the petition is verified and
 52 11 establishes that support payments are delinquent in an amount
 52 12 equal to the payment for one month and if the clerk of the
 52 13 district court determines, after providing an opportunity for
 52 14 a hearing, that notice of the mandatory assignment of income
 52 15 as provided in section 252D.3 has been given, the clerk of the
 52 16 district court shall order an assignment of income under
 52 17 subsection 2.
 52 18    Sec. 57.  Section 252D.3, Code 1997, is amended to read as
 52 19 follows:
 52 20    252D.3  NOTICE OF ASSIGNMENT INCOME WITHHOLDING.
 52 21    All orders for support entered on or after July 1, 1984
 52 22 shall notify the person ordered to pay support of the
 52 23 mandatory assignment withholding of income required under
 52 24 section 252D.1.  However, for orders for support entered
 52 25 before July 1, 1984, the clerk of the district court, the
 52 26 child support recovery unit, or the person entitled by the
 52 27 order to receive the support payments, shall notify each
 52 28 person ordered to pay support under such orders of the
 52 29 mandatory assignment withholding of income required under
 52 30 section 252D.1.  The notice shall be sent by certified mail to
 52 31 the person's last known address or the person shall be
 52 32 personally served with the notice in the manner provided for
 52 33 service of an original notice at least fifteen days prior to
 52 34 the filing of a petition under section 252D.1, subsection 3 or
 52 35 the ordering of an assignment of income withholding under
 53  1 section 252D.1, subsection 2 or 3.  A person ordered to pay
 53  2 support may waive the right to receive the notice at any time.
 53  3    Sec. 58.  Section 252D.9, Code 1997, is amended to read as
 53  4 follows:
 53  5    252D.9  SUMS SUBJECT TO IMMEDIATE WITHHOLDING.
 53  6    Specified sums shall be deducted from the obligor's
 53  7 earnings, trust income, or other income sufficient to pay the
 53  8 support obligation and any judgment established or delinquency
 53  9 accrued under the support order.  The amount withheld pursuant
 53 10 to an assignment of income withholding order or notice of
 53 11 order for income withholding shall not exceed the amount
 53 12 specified in 15 U.S.C. } 1673(b).
 53 13    Sec. 59.  Section 252D.10, Code 1997, is amended to read as
 53 14 follows:
 53 15    252D.10  NOTICE OF ASSIGNMENT IMMEDIATE INCOME WITHHOLDING.
 53 16    The notice requirements of section 252D.3 do not apply to
 53 17 this subchapter.  An order for support entered after November
 53 18 1, 1990, shall contain the notice of immediate income
 53 19 withholding.  However, this subchapter is sufficient notice
 53 20 for implementation of immediate income withholding without any
 53 21 further notice.
 53 22    Sec. 60.  NEW SECTION.  252D.16A  DEFINITIONS.
 53 23    As used in this chapter, unless the context otherwise
 53 24 requires:
 53 25    1. "Income" means all of the following:
 53 26    a.  Any periodic form of payment due an individual,
 53 27 regardless of source, including but not limited to wages,
 53 28 salaries, commissions, bonuses, worker's compensation,
 53 29 disability payments, payments pursuant to a pension or
 53 30 retirement program, and interest.
 53 31    b.  A sole payment or lump sum as provided in section
 53 32 252D.18C.
 53 33    c.  Irregular income as defined in section 252D.18B.
 53 34    2.  "Payor of income" or "payor" means and includes, but is
 53 35 not limited to, an obligor's employer, trustee, the state of
 54  1 Iowa and all governmental subdivisions and agencies and any
 54  2 other person from whom an obligor receives income.
 54  3    3.  "Support" or "support payments" means any amount which
 54  4 the court or administrative agency may require a person to pay
 54  5 for the benefit of a child under a temporary order or a final
 54  6 judgment or decree entered under chapter 232, 234, 252A, 252C,
 54  7 252F, 252H, 598, 600B, or any other comparable chapter, and
 54  8 may include child support, maintenance, medical support as
 54  9 defined in chapter 252E, spousal support, and any other term
 54 10 used to describe these obligations.  These obligations may
 54 11 include support for a child of any age who is dependent on the
 54 12 parties to the dissolution proceedings because of physical or
 54 13 mental disability.  The obligations may include support for a
 54 14 child eighteen or more years of age with respect to whom a
 54 15 child support order has been issued pursuant to the laws of a
 54 16 foreign jurisdiction.  These obligations shall not include
 54 17 amounts for a postsecondary education subsidy as defined in
 54 18 section 598.1.
 54 19    Sec. 61.  Section 252D.17, Code 1997, is amended to read as
 54 20 follows:
 54 21    252D.17  NOTICE TO EMPLOYER OR INCOME PAYOR OF INCOME –
 54 22 DUTIES AND LIABILITY – CRIMINAL PENALTY.
 54 23    The district court shall provide notice by sending a copy
 54 24 of the order for income withholding or a notice of the order
 54 25 for income withholding to the obligor and the obligor's
 54 26 employer, trustee, or other payor of income by regular mail,
 54 27 with proof of service completed according to rule of civil
 54 28 procedure 82.  The child support recovery unit shall provide
 54 29 notice of the income withholding order by sending a notice of
 54 30 the order to the obligor's employer, trustee, or other payor
 54 31 of income by regular mail or by electronic means.  Proof of
 54 32 service may be completed according to rule of civil procedure
 54 33 82.  The order or the child support recovery unit's notice of
 54 34 the order may be sent to the employer, trustee, or other payor
 54 35 of income on the same date that the order is sent to the clerk
 55  1 of court for filing.  In all other instances, the income
 55  2 withholding order shall be filed with the clerk of court prior
 55  3 to sending the notice of the order to the payor of income.  In
 55  4 addition to the amount to be withheld for payment of support,
 55  5 the order or the child support recovery unit's notice of the
 55  6 order shall be in a standard format as prescribed by the unit
 55  7 and shall include all of the following information regarding
 55  8 the duties of the payor in implementing the withholding order:
 55  9    1.  The withholding order or notice of the order for income
 55 10 withholding for child support or child support and spousal
 55 11 support has priority over a garnishment or an assignment for a
 55 12 any other purpose other than the support of the dependents in
 55 13 the court order being enforced.
 55 14    2.  As reimbursement for the payor's processing costs, the
 55 15 payor may deduct a fee of no more than two dollars for each
 55 16 payment in addition to the amount withheld for support.  The
 55 17 payor of income is not required to vary the payroll cycle to
 55 18 comply with the frequency of payment of a support order.
 55 19    3.  The amount withheld for support, including the
 55 20 processing fee, shall not exceed the amounts specified in 15
 55 21 U.S.C. } 1673(b).
 55 22    4.  The income withholding order is binding on an existing
 55 23 or future employer, trustee, or other payor of income ten days
 55 24 after receipt of the copy of the order or the child support
 55 25 recovery unit's notice of the order, and is binding whether or
 55 26 not the copy of the order received is file-stamped.
 55 27    5.  The payor shall send the amounts withheld to the
 55 28 collection services center or the clerk of the district court
 55 29 within ten working seven business days of the date the obligor
 55 30 is paid.  "Business day" means a day on which state offices
 55 31 are open for regular business.
 55 32    6.  The payor may combine amounts withheld from the
 55 33 obligor's wages obligors' income in a single payment to the
 55 34 clerk of the district court or to the collection services
 55 35 center, as appropriate.  Whether combined or separate,
 56  1 payments shall be identified by the name of the obligor,
 56  2 account number, amount, and the date withheld.  If payments
 56  3 for multiple obligors are combined, the portion of the payment
 56  4 attributable to each obligor shall be specifically identified.
 56  5    7.  The payor shall deliver or send a copy of the order or
 56  6 the child support recovery unit's notice of the order to the
 56  7 obligor within one business day after receipt of the order or
 56  8 the child support recovery unit's notice of the order.
 56  9    8. 7.  The withholding is binding on the payor until
 56 10 further notice by the court or the child support recovery
 56 11 unit.
 56 12    9. 8.  If the payor knowingly fails to withhold income or
 56 13 to pay the amounts withheld to the collection services center
 56 14 or the clerk of court in accordance with the provisions of the
 56 15 order or the child support recovery unit's notice of the
 56 16 order, the payor commits a simple misdemeanor and is liable
 56 17 for the accumulated amount which should have been withheld,
 56 18 together with costs, interest, and reasonable attorney fees
 56 19 related to the collection of the amounts due from the payor.
 56 20    10. 9.  The payor shall promptly notify the court or the
 56 21 child support recovery unit when the obligor's employment or
 56 22 other income terminates, and provide the obligor's last known
 56 23 address and the name and address of the obligor's new
 56 24 employer, if known.
 56 25    11. 10.  Any payor who discharges an obligor, refuses to
 56 26 employ an obligor, or takes disciplinary action against an
 56 27 obligor based upon income withholding is guilty of a simple
 56 28 misdemeanor.  A withholding order or the child support
 56 29 recovery unit's notice of the order for income withholding has
 56 30 the same force and effect as any other district court order,
 56 31 including, but not limited to, contempt of court proceedings
 56 32 for noncompliance.
 56 33    11.  a.  Beginning July 1, 1997, if a payor of income does
 56 34 business in another state through a registered agent and
 56 35 receives a notice of income withholding issued by another
 57  1 state the payor shall, and beginning January 1, 1998, any
 57  2 payor of income shall withhold funds as directed in a notice
 57  3 issued by another state, except that a payor of income shall
 57  4 follow the laws of the obligor's principal place of employment
 57  5 when determining all of the following:
 57  6    (1)  The payor's fee for processing an income withholding
 57  7 payment.
 57  8    (2)  The maximum amount permitted to be withheld from the
 57  9 obligor's income.
 57 10    (3)  The time periods for implementing the income
 57 11 withholding order and forwarding the support payments.
 57 12    (4)  The priorities for withholding and allocating income
 57 13 withheld for multiple child support obligees.
 57 14    (5)  Any withholding terms or conditions not specified in
 57 15 the order.
 57 16    b.  A payor of income who complies with an income
 57 17 withholding notice that is regular on its face shall not be
 57 18 subject to any civil liability to any individual or agency for
 57 19 conduct in compliance with the notice.
 57 20    Sec. 62.  NEW SECTION.  252D.17A  NOTICE TO OBLIGOR OF
 57 21 IMPLEMENTATION OF INCOME WITHHOLDING ORDER.
 57 22    The child support recovery unit or the district court shall
 57 23 send a notice of the income withholding order to the obligor
 57 24 at the time the notice is sent to the payor of income.
 57 25    Sec. 63.  Section 252D.18A, unnumbered paragraph 1, Code
 57 26 1997, is amended to read as follows:
 57 27    When the obligor is responsible for paying more than one
 57 28 support obligation and the employer or the income payor of
 57 29 income has received more than one income withholding order or
 57 30 the child support recovery unit's notice of an order for the
 57 31 obligor, the payor shall withhold amounts in accordance with
 57 32 all of the following:
 57 33    Sec. 64.  Section 252D.18A, subsection 3, paragraph a, Code
 57 34 1997, is amended to read as follows:
 57 35    a.  To arrive at the amount to be withheld for each
 58  1 obligee, the payor shall total the amounts due for current
 58  2 support under the income withholding orders and the child
 58  3 support recovery unit's notices of orders and determine the
 58  4 proportionate share for each obligee.  The proportionate share
 58  5 shall be determined by dividing the amount due for current
 58  6 support for each order or child support recovery unit's notice
 58  7 of order by the total due for current support for all orders
 58  8 and child support recovery unit's notices of orders.  The
 58  9 results are the percentages of the obligor's net income which
 58 10 shall be withheld for each obligee.
 58 11    Sec. 65.  NEW SECTION.  252D.19A  DISPARITY BETWEEN ORDER
 58 12 AND PAY DATES – NOT DELINQUENT.
 58 13    1.  An obligor whose support payments are automatically
 58 14 withheld from the obligor's paycheck shall not be delinquent
 58 15 or in arrears if all of the following conditions are met:
 58 16    a.  Any delinquency or arrearage is caused solely by a
 58 17 disparity between the schedules of the obligor's regular pay
 58 18 dates and the scheduled date the support is due.
 58 19    b.  The amount calculated to be withheld is such that the
 58 20 total amount of current support to be withheld from the
 58 21 paychecks of the obligor and the amount ordered to be paid in
 58 22 the support order are the same on an annual basis.
 58 23    c.  The automatic deductions for support are continuous and
 58 24 occurring.
 58 25    2.  If the unit takes an enforcement action during a
 58 26 calendar year against an obligor and the obligor is not
 58 27 delinquent or in arrears solely due to the applicability of
 58 28 this section to the obligor, upon discovering the
 58 29 circumstances, the unit shall promptly discontinue the
 58 30 enforcement action.
 58 31    Sec. 66.  Section 252D.21, Code 1997, is amended to read as
 58 32 follows:
 58 33    252D.21  PENALTY FOR MISREPRESENTATION.
 58 34    A person who knowingly makes a false statement or
 58 35 representation of a material fact or knowingly fails to
 59  1 disclose a material fact in order to secure an assignment of
 59  2 income withholding order or notice of income withholding
 59  3 against another person and to receive support payments or
 59  4 additional support payments pursuant to this chapter, is
 59  5 guilty, upon conviction, of a serious misdemeanor.
 59  6    Sec. 67.  Section 252D.23, Code 1997, is amended to read as
 59  7 follows:
 59  8    252D.23  FILING OF WITHHOLDING ORDER – ORDER EFFECTIVE AS
 59  9 DISTRICT COURT ORDER.
 59 10    An income withholding order entered by the child support
 59 11 recovery unit pursuant to this chapter shall be filed with the
 59 12 clerk of the district court.  For the purposes of
 59 13 demonstrating compliance by the employer, trustee, or other
 59 14 payor of income, the copy of the withholding order or the
 59 15 child support recovery unit's notice of the order received,
 59 16 whether or not the copy of the order is file-stamped, shall
 59 17 have all the force, effect, and attributes of a docketed order
 59 18 of the district court including, but not limited to,
 59 19 availability of contempt of court proceedings against an
 59 20 employer, trustee, or other a payor of income for
 59 21 noncompliance.  However, any information contained in the
 59 22 income withholding order or the child support recovery unit's
 59 23 notice of the order related to the amount of the accruing or
 59 24 accrued support obligation which does not reflect the correct
 59 25 amount of support due does not modify the underlying support
 59 26 judgment.
 59 27    Sec. 68.  NEW SECTION.  252D.31  MOTION TO QUASH.
 59 28    An obligor under this chapter may move to quash an income
 59 29 withholding order or a notice of income withholding by filing
 59 30 a motion to quash with the clerk of court.
 59 31    1.  Grounds for contesting a withholding order under this
 59 32 chapter include all of the following:
 59 33    a.  A mistake of fact, which for purposes of this chapter
 59 34 means an error in the amount withheld or the amount of the
 59 35 withholding or the identity of the obligor.
 60  1    b.  For immediate withholding only, the conditions for
 60  2 exception to immediate income withholding as defined under
 60  3 section 252D.8 existed at the time of implementation of the
 60  4 withholding.
 60  5    2.  The clerk of the district court shall schedule a
 60  6 hearing on the motion to quash for a time not later than seven
 60  7 days after the filing of the motion to quash and the notice of
 60  8 the motion to quash.  The clerk shall mail to the parties
 60  9 copies of the motion to quash, the notice of the motion to
 60 10 quash, and the order scheduling the hearing.
 60 11    3.  The payor shall withhold and transmit the amount
 60 12 specified in the order or notice of the order of income
 60 13 withholding to the clerk of the district court or the
 60 14 collection services center, as appropriate, until the notice
 60 15 that a motion to quash has been granted is received.
 60 16    Sec. 69.  Sections 252D.2 and 252D.11, Code 1997, are
 60 17 repealed.  
 60 18                             PART B
 60 19    Sec. 70.  Section 252D.17, Code 1997, is amended by adding
 60 20 the following new subsection:
 60 21    NEW SUBSECTION.  12.  The payor of income shall comply with
 60 22 chapter 252K when receiving a notice of income withholding
 60 23 from another state.
 60 24    Sec. 71.  Section 252D.24, subsection 3, Code 1997, is
 60 25 amended to read as follows:
 60 26    3.  Income withholding for a support order issued by a
 60 27 foreign jurisdiction is subject to the law and procedures for
 60 28 income withholding of the jurisdiction where the income
 60 29 withholding order is implemented.  With respect to when the
 60 30 obligor becomes subject to withholding, however, the law and
 60 31 procedures of the jurisdiction where the support order was
 60 32 entered apply governed by chapter 252K, articles 5 or 6, and
 60 33 this chapter, as appropriate.
 60 34    Sec. 72.  Part B, sections 70 and 71 of this Act, are
 60 35 effective January 1, 1998.  
 61  1                           DIVISION V
 61  2    Sec. 73.  Section 252E.2, subsection 2, unnumbered
 61  3 paragraph 1, Code 1997, is amended to read as follows:
 61  4    An insurer who is subject to the federal Omnibus Budget
 61  5 Reconciliation Act of 1993, section 4301 Employee Retirement
 61  6 Income Security Act, as codified in 42 U.S.C. } 1936g-1 29
 61  7 U.S.C. } 1169, shall provide benefits in accordance with that
 61  8 section which meet the requirements of a qualified medical
 61  9 child support order.  For the purposes of this subsection
 61 10 "qualified medical child support order" means a child support
 61 11 order which creates or recognizes the existence of a child's
 61 12 right to, or assigns to a child the right to, receive benefits
 61 13 for which a participant or child is eligible under a group
 61 14 health plan and which specifies the following:
 61 15    Sec. 74.  Section 252E.4, subsection 1, Code 1997, is
 61 16 amended to read as follows:
 61 17    1.  When a support order requires an obligor to provide
 61 18 coverage under a health benefit plan, the district court or
 61 19 the department may enter an ex parte order directing an
 61 20 employer to take all actions necessary to enroll an obligor's
 61 21 dependent for coverage under a health benefit plan or may
 61 22 include the provisions in an ex parte income withholding order
 61 23 or notice of income withholding pursuant to chapter 252D.  The
 61 24 department may amend the information in the ex parte order
 61 25 regarding health insurance provisions if necessary to comply
 61 26 with health insurance requirements including but not limited
 61 27 to the provisions of section 252E.2, subsection 2.
 61 28    Sec. 75.  NEW SECTION.  252E.6A  MOTION TO QUASH.
 61 29    1.  An obligor may move to quash the order to the employer
 61 30 under section 252E.4 by following the same procedures and
 61 31 alleging a mistake of a fact as provided in section 252D.31.
 61 32 If the unit is enforcing an income withholding order and a
 61 33 medical support order simultaneously, any challenge to the
 61 34 income withholding order and medical support enforcement shall
 61 35 be filed and heard simultaneously.
 62  1    2.  The employer shall comply with the requirements of this
 62  2 chapter until the employer receives notice that a motion to
 62  3 quash has been granted.
 62  4    Sec. 76.  Section 252E.13, subsection 2, Code 1997, is
 62  5 amended to read as follows:
 62  6    2.  In addition, if an administrative a support order
 62  7 entered pursuant to chapter 252C does not provide medical
 62  8 support as defined in this chapter or equivalent medical
 62  9 support, the department or a party to the order may obtain a
 62 10 medical support order pursuant to chapter 252C seek a
 62 11 modification of the order.  A medical support order obtained
 62 12 pursuant to chapter 252C may be an additional or separate
 62 13 support judgment and shall be known as an administrative order
 62 14 for medical support.  
 62 15                           DIVISION VI
 62 16    Sec. 77.  Section 252F.3, subsection 1, paragraph f,
 62 17 subparagraph (2), subparagraph subpart (c), Code 1997, is
 62 18 amended to read as follows:
 62 19    (c)  If paternity was contested and paternity testing was
 62 20 conducted, and the putative father does not deny paternity
 62 21 after the testing or challenge the paternity test results, ten
 62 22 twenty days from the date paternity test results are issued or
 62 23 mailed by the unit to the putative father.
 62 24    Sec. 78.  Section 252F.3, subsection 1, paragraph f,
 62 25 subparagraph (4), subparagraph subpart (c), Code 1997, is
 62 26 amended to read as follows:
 62 27    (c)  If paternity was contested and paternity testing
 62 28 conducted, and the putative father does not deny paternity
 62 29 after the testing or challenge the paternity test results, ten
 62 30 twenty days from the date the paternity test results are
 62 31 issued or mailed to the putative father by the unit.
 62 32    Sec. 79.  Section 252F.3, subsection 1, paragraph g, Code
 62 33 1997, is amended to read as follows:
 62 34    g.  A statement that if a conference is not requested, and
 62 35 the putative father does not deny paternity or challenge the
 63  1 results of any paternity testing conducted but objects to the
 63  2 finding of financial responsibility or the amount of child
 63  3 support or medical support, or both, the putative father shall
 63  4 send a written request for a court hearing on the issue of
 63  5 support to the unit within twenty days of the date of service
 63  6 of the original notice, or, if paternity was contested and
 63  7 paternity testing conducted, and the putative father does not
 63  8 deny paternity after the testing or challenge the paternity
 63  9 test results, within ten twenty days from the date the
 63 10 paternity test results are issued or mailed to the putative
 63 11 father by the unit, whichever is later.
 63 12    Sec. 80.  Section 252F.3, subsection 4, paragraphs b and c,
 63 13 Code 1997, are amended to read as follows:
 63 14    b.  If paternity establishment was contested and paternity
 63 15 tests conducted, a court hearing on the issue of paternity
 63 16 shall be scheduled held no earlier than fifty thirty days from
 63 17 the date paternity test results are issued to all parties by
 63 18 the unit, unless the parties mutually agree to waive the time
 63 19 frame pursuant to section 252F.8.
 63 20    c.  If a court hearing is scheduled regarding the issue of
 63 21 paternity establishment, any Any objection to the results of
 63 22 paternity tests shall be filed no later than thirty twenty
 63 23 days before after the date the court hearing is originally
 63 24 scheduled paternity test results are issued or mailed to the
 63 25 putative father by the unit.  Any objection to paternity test
 63 26 results filed by a party less more than thirty twenty days
 63 27 before after the date the court hearing is originally
 63 28 scheduled paternity tests are issued or mailed to the putative
 63 29 father by the unit shall not be accepted or considered by the
 63 30 court.
 63 31    Sec. 81.  Section 252F.3, subsection 6, paragraph d, Code
 63 32 1997, is amended to read as follows:
 63 33    d.  If a paternity test is ordered under this section, the
 63 34 administrator shall direct that inherited characteristics be
 63 35 analyzed and interpreted, and shall appoint an expert
 64  1 qualified as an examiner of genetic markers to analyze and
 64  2 interpret the results.  The test shall be of a type generally
 64  3 acknowledged as reliable by accreditation entities designated
 64  4 by the secretary of the United States department of health and
 64  5 human services and shall be performed by a laboratory approved
 64  6 by an accreditation entity.
 64  7    Sec. 82.  Section 252F.3, subsection 6, paragraph i,
 64  8 subparagraph (1), Code 1997, is amended to read as follows:
 64  9    (1)  In order to challenge the presumption of paternity, a
 64 10 party shall file a written notice of the challenge with the
 64 11 district court within twenty days from the date the paternity
 64 12 test results are issued or mailed to all parties by the unit,
 64 13 or if a court hearing is scheduled to resolve the issue of
 64 14 paternity, no later than thirty days before the scheduled date
 64 15 of the court hearing, whichever occurs later.  Any subsequent
 64 16 rescheduling or continuances of the originally scheduled
 64 17 hearing shall not extend the initial time frame.  Any
 64 18 challenge to a presumption of paternity resulting from
 64 19 paternity tests, or to paternity test results filed after the
 64 20 initial lapse of the twenty-day time frame shall not be
 64 21 accepted or admissible by the unit or the court.
 64 22    Sec. 83.  Section 252F.3, subsection 6, paragraph k, Code
 64 23 1997, is amended to read as follows:
 64 24    k.  If the results of the test or the verified expert's
 64 25 analysis are timely challenged as provided in this subsection,
 64 26 the administrator, upon the request of a party and advance
 64 27 payment by the contestant or upon the unit's own initiative,
 64 28 shall order that an additional test be performed by the same
 64 29 laboratory or an independent laboratory or.  If the party
 64 30 requesting additional testing does not advance payment, the
 64 31 administrator shall certify the case to the district court in
 64 32 accordance with paragraph "i" and section 252F.5.
 64 33    Sec. 84.  Section 252F.3, subsection 6, paragraph n, Code
 64 34 1997, is amended to read as follows:
 64 35    n.  Except as provided in paragraph "k", the unit shall
 65  1 advance the costs of genetic testing.  If paternity is
 65  2 established and paternity testing was conducted, the unit
 65  3 shall enter an order or, if the action proceeded to a court
 65  4 hearing, request that the court enter a judgment for the costs
 65  5 of the paternity tests consistent with applicable federal law.
 65  6 In a proceeding under this chapter, a copy of a bill for
 65  7 genetic testing shall be admitted as evidence without
 65  8 requiring third-party foundation testimony and shall
 65  9 constitute prima facie evidence of the amount incurred for
 65 10 genetic testing.
 65 11    Sec. 85.  Section 252F.4, subsection 6, Code 1997, is
 65 12 amended by adding the following new paragraph:
 65 13    NEW PARAGRAPH.  j.  Statements as required pursuant to
 65 14 section 598.22B.
 65 15    Sec. 86.  Section 252F.5, subsection 3, paragraph d, Code
 65 16 1997, is amended by striking the paragraph.  
 65 17                          DIVISION VII
 65 18    Sec. 87.  Section 252G.1, Code 1997, is amended by adding
 65 19 the following new subsections:
 65 20    NEW SUBSECTION.  4A.  "Business day" means a day on which
 65 21 state offices are open for regular business.
 65 22    NEW SUBSECTION.  8A.  "Labor organization" means any
 65 23 organization of any kind, or any agency, or employee
 65 24 representation committee or plan, in which employees
 65 25 participate and which exists for the purpose, in whole or in
 65 26 part, of dealing with employers concerning grievances, labor
 65 27 disputes, wages, rates of pay, hours of employment, or
 65 28 conditions of work.
 65 29    Sec. 88.  Section 252G.1, subsection 8, Code 1997, is
 65 30 amended to read as follows:
 65 31    8.  "Employer" means a person doing business in this state
 65 32 who engages an employee for compensation and for whom the
 65 33 employer withholds federal or state tax liabilities from the
 65 34 employee's compensation.  "Employer" includes any governmental
 65 35 entity and any labor organization.
 66  1    Sec. 89.  Section 252G.3, subsection 1, paragraph d, Code
 66  2 1997, is amended to read as follows:
 66  3    d.  The address to which income withholding orders or the
 66  4 child support recovery unit's notices of orders and
 66  5 garnishments should be sent.
 66  6    Sec. 90.  Section 252G.3, subsection 3, Code 1997, is
 66  7 amended to read as follows:
 66  8    3.  Until such time as the Iowa employee's withholding
 66  9 allowance certificate is amended to provide for inclusion of
 66 10 all of the information required under subsection 1, submission
 66 11 of the certificate constitutes compliance with this section.
 66 12 An employer with employees in two or more states that
 66 13 transmits reports magnetically or electronically may comply
 66 14 with subsection 1 by transmitting the report described in
 66 15 subsection 1 to each state, or by designating as the recipient
 66 16 state one state, in which the employer has employees, and
 66 17 transmitting the report to that state.  An employer that
 66 18 transmits reports pursuant to this subsection shall notify the
 66 19 United States secretary of health and human services, in
 66 20 writing, of the state designated by the employer for the
 66 21 purpose of transmitting reports.
 66 22    Sec. 91.  NEW SECTION.  252G.7  DATA ENTRY AND TRANSMITTING
 66 23 CENTRALIZED EMPLOYEE REGISTRY RECORDS TO THE NATIONAL NEW HIRE
 66 24 REGISTRY.
 66 25    The unit shall enter new hire data into the centralized
 66 26 employee directory database within five business days of
 66 27 receipt from employers and shall transmit the records of the
 66 28 centralized employee registry to the national directory of new
 66 29 hires within three business days after the date information
 66 30 regarding a newly hired employee is entered into the
 66 31 centralized employee registry.
 66 32    Sec. 92.  NEW SECTION.  252G.8  INCOME WITHHOLDING
 66 33 REQUIREMENTS.
 66 34    Within two business days after the date information
 66 35 regarding a newly hired employee is entered into the
 67  1 centralized employee registry and matched with obligors in
 67  2 cases being enforced by the unit, the unit shall transmit a
 67  3 notice to the employer or payor of income of the employee
 67  4 directing the employer or payor of income to withhold from the
 67  5 income of the employee in accordance with chapter 252D.  
 67  6                          DIVISION VIII
 67  7    Sec. 93.  Section 252H.1, Code 1997, is amended to read as
 67  8 follows:
 67  9    252H.1  PURPOSE AND INTENT.
 67 10    This chapter is intended to provide a means for state
 67 11 compliance with the Title IV-D of the federal Family Support
 67 12 Social Security Act of 1988, as amended, requiring states to
 67 13 provide procedures for the review and adjustment of support
 67 14 orders being enforced under Title IV-D of the federal Social
 67 15 Security Act, and also to provide an expedited modification
 67 16 process when review and adjustment procedures are not
 67 17 required, appropriate, or applicable.  Actions under this
 67 18 chapter shall be initiated only by the child support recovery
 67 19 unit.
 67 20    Sec. 94.  Section 252H.2, Code 1997, is amended by adding
 67 21 the following new subsection:
 67 22    NEW SUBSECTION.  5A.  "Cost-of-living alteration" means a
 67 23 change in an existing child support order which equals an
 67 24 amount which is the amount of the support obligation following
 67 25 application of the percentage change of the consumer price
 67 26 index for all urban consumers, United States city average, as
 67 27 published in the federal register by the federal department of
 67 28 labor, bureau of labor statistics.
 67 29    Sec. 95.  Section 252H.2, subsection 6, paragraph a, Code
 67 30 1997, is amended to read as follows:
 67 31    a.  An alteration, A change, correction, or termination of
 67 32 an existing support order.
 67 33    Sec. 96.  Section 252H.2, subsection 8, Code 1997, is
 67 34 amended to read as follows:
 67 35    8.  "Public assistance" means benefits received in this
 68  1 state or any other state, under Title IV-A (aid to dependent
 68  2 children temporary assistance to needy families), IV-E (foster
 68  3 care), or XIX (medicaid) of the Act.
 68  4    Sec. 97.  Section 252H.3, subsection 1, Code 1997, is
 68  5 amended to read as follows:
 68  6    1.  Any action initiated under this chapter, including any
 68  7 court hearing resulting from an action, shall be limited in
 68  8 scope to the adjustment or modification of the child or
 68  9 medical support or cost-of-living alteration of the child
 68 10 support provisions of a support order.
 68 11    Sec. 98.  Section 252H.4, subsections 1 and 4, Code 1997,
 68 12 are amended to read as follows:
 68 13    1.  The unit may administratively adjust or modify or may
 68 14 provide for an administrative cost-of-living alteration of a
 68 15 support order entered under chapter 234, 252A, 252C, 598, or
 68 16 600B, or any other support chapter if the unit is providing
 68 17 enforcement services pursuant to chapter 252B.  The unit is
 68 18 not required to intervene to administratively adjust or modify
 68 19 or provide for an administrative cost-of-living alteration of
 68 20 a support order under this chapter.
 68 21    4.  The unit shall adopt rules pursuant to chapter 17A to
 68 22 establish the process for the review of requests for
 68 23 adjustment, the criteria and procedures for conducting a
 68 24 review and determining when an adjustment is appropriate, the
 68 25 procedure and criteria for a cost-of-living alteration, the
 68 26 criteria and procedure for a request for review pursuant to
 68 27 section 252H.18A, and other rules necessary to implement this
 68 28 chapter.
 68 29    Sec. 99.  Section 252H.6, Code 1997, is amended to read as
 68 30 follows:
 68 31    252H.6  COLLECTION OF INFORMATION.
 68 32    The unit shall may request, obtain, and validate
 68 33 information concerning the financial circumstances of the
 68 34 parents of a child as necessary to determine the appropriate
 68 35 amount of support pursuant to the guidelines established in
 69  1 section 598.21, subsection 4, including but not limited to
 69  2 those sources and procedures described in sections 252B.7A and
 69  3 252B.9.  The collection of information does not constitute a
 69  4 review conducted pursuant to section 252H.16.
 69  5    Sec. 100.  Section 252H.8, subsection 4, paragraph f, Code
 69  6 1997, is amended to read as follows:
 69  7    f.  Copies of any financial statements and supporting
 69  8 documentation provided by the parents including proof of a
 69  9 substantial change in circumstances for a request filed
 69 10 pursuant to section 252H.18A.
 69 11    Sec. 101.  Section 252H.9, subsections 2 and 7, Code 1997,
 69 12 are amended to read as follows:
 69 13    2.  The For orders to which subchapter II or III is
 69 14 applicable, the unit shall determine the appropriate amount of
 69 15 the child support obligation using the current child support
 69 16 guidelines established pursuant to section 598.21, subsection
 69 17 4, and the criteria established pursuant to section 252B.7A
 69 18 and shall determine the provisions for medical support
 69 19 pursuant to chapter 252E.
 69 20    7.  A copy of the order shall be sent by regular mail
 69 21 within fourteen days after filing to each parent's last known
 69 22 address, or if applicable, to the last known address of the
 69 23 parent's attorney.
 69 24    Sec. 102.  Section 252H.11, subsection 2, unnumbered
 69 25 paragraph 1, Code 1997, is amended to read as follows:
 69 26    If the modification action filed by the parent is
 69 27 subsequently dismissed before being heard by the court, the
 69 28 unit shall continue the action previously initiated under this
 69 29 chapter subchapter II or III, or initiate a new action as
 69 30 follows:
 69 31    Sec. 103.  Section 252H.13, Code 1997, is amended to read
 69 32 as follows:
 69 33    252H.13  RIGHT TO REQUEST REVIEW.
 69 34    A parent shall have the right to request the review of a
 69 35 support order for which the unit is currently providing
 70  1 enforcement services of an ongoing child support obligation
 70  2 pursuant to chapter 252B including by objecting to a cost-of-
 70  3 living alteration pursuant to section 252H.24, subsections 1
 70  4 and 2.
 70  5    Sec. 104.  Section 252H.14, Code 1997, is amended to read
 70  6 as follows:
 70  7    252H.14  REVIEWS INITIATED BY THE CHILD SUPPORT RECOVERY
 70  8 UNIT.
 70  9    1.  The unit shall may periodically initiate a review of
 70 10 support orders meeting the conditions in section 252H.12 in
 70 11 accordance with the following:
 70 12    a.  The right to any ongoing child support obligation is
 70 13 currently assigned to the state due to the receipt of public
 70 14 assistance.
 70 15    b.  The right to any ongoing medical support obligation is
 70 16 currently assigned to the state due to the receipt of public
 70 17 assistance unless:
 70 18    (1)  The support order already includes provisions
 70 19 requiring the parent ordered to pay child support to also
 70 20 provide medical support.
 70 21    (2)  The parent entitled to receive support has
 70 22 satisfactory health insurance coverage for the children,
 70 23 excluding coverage resulting from the receipt of public
 70 24 assistance benefits.
 70 25    c.  The review is otherwise necessary to comply with this
 70 26 Act.
 70 27    2.  The unit shall may periodically initiate a request to a
 70 28 child support agency of another state to conduct a review of a
 70 29 support order entered in that state when the right to any
 70 30 ongoing child or medical support obligation due under the
 70 31 order is currently assigned to the state of Iowa.
 70 32    3.  The unit shall adopt rules establishing criteria to
 70 33 determine the appropriateness of initiating a review.
 70 34    4.  The unit shall initiate reviews under this section in
 70 35 accordance with the federal Family Support Act of 1988.
 71  1    Sec. 105.  NEW SECTION.  252H.18A  REQUEST FOR REVIEW
 71  2 OUTSIDE APPLICABLE TIME FRAMES.
 71  3    1.  If a support order is not eligible for review and
 71  4 adjustment because the support order is outside of the minimum
 71  5 time frames specified by rule of the department, a parent may
 71  6 request a review and administrative modification by submitting
 71  7 all of the following to the unit:
 71  8    a.  A request for review of the support order which is
 71  9 outside of the applicable time frames.
 71 10    b.  Verified documentation of a substantial change in
 71 11 circumstances as specified by rule of the department.
 71 12    2.  Upon receipt of the request and all documentation
 71 13 required in subsection 1, the unit shall review the request
 71 14 and documentation and if appropriate shall issue a notice of
 71 15 intent to modify as provided in section 252H.19.
 71 16    3.  Notwithstanding section 598.21, subsections 8 and 9,
 71 17 for purposes of this section, a substantial change in
 71 18 circumstances means there has been a change of fifty percent
 71 19 or more in the income of a parent, and the change is due to
 71 20 financial circumstances which have existed for a minimum
 71 21 period of three months and can reasonably be expected to exist
 71 22 for an additional three months.  
 71 23                          SUBCHAPTER IV
 71 24                    COST-OF-LIVING ALTERATION
 71 25    Sec. 106.  NEW SECTION.  252H.21  PURPOSE – INTENT –
 71 26 EFFECT ON REQUIREMENTS FOR GUIDELINES.
 71 27    1.  This subchapter is intended to provide a procedure to
 71 28 accommodate a request of both parents to expeditiously change
 71 29 a support order due to changes in the cost of living.
 71 30    2.  All of the following shall apply to a cost of living
 71 31 alteration under this subchapter:
 71 32    a.  To the extent permitted under 42 U.S.C. }
 71 33 666(a)(10)(A)(i)(II), the cost-of-living alteration shall be
 71 34 an exception to any requirement under law for the application
 71 35 of the child support guidelines established pursuant to
 72  1 section 598.21, subsection 4, including but not limited to,
 72  2 any requirement in this chapter or chapter 234, 252A, 252B,
 72  3 252C, 252F, 598, or 600B.
 72  4    b.  The cost-of-living alteration shall not prevent any
 72  5 subsequent modification or adjustment to the support order as
 72  6 otherwise provided in law based on application of the child
 72  7 support guidelines.
 72  8    c.  The calculation of a cost-of-living alteration to a
 72  9 child support order shall be compounded as follows:
 72 10    (1)  Increase or decrease the child support order by the
 72 11 percentage change of the appropriate consumer price index for
 72 12 the month and year after the month and year the child support
 72 13 order was last issued, modified, adjusted, or altered.
 72 14    (2)  Increase or decrease the amount of the child support
 72 15 order calculated in subparagraph (1) for each subsequent year
 72 16 by applying the appropriate consumer price index for each
 72 17 subsequent year to the result of the calculation for the
 72 18 previous year.  The final year in the calculation shall be the
 72 19 year immediately preceding the year the unit received the
 72 20 completed request for the cost-of-living alteration.
 72 21    d.  The amount of the cost-of-living alteration in the
 72 22 notice in section 252H.24, subsection 1, shall be the result
 72 23 of the calculation in paragraph "c".
 72 24    Sec. 107.  NEW SECTION.  252H.22  SUPPORT ORDERS SUBJECT TO
 72 25 COST-OF-LIVING ALTERATION.
 72 26    A support order meeting all of the following conditions is
 72 27 eligible for a cost-of-living alteration under this
 72 28 subchapter.
 72 29    1.  The support order is subject to the jurisdiction of
 72 30 this state for the purposes of a cost-of-living alteration.
 72 31    2.  The support order provides for the ongoing support of
 72 32 at least one child under the age of eighteen or a child
 72 33 between the ages of eighteen and nineteen who has not yet
 72 34 graduated from high school but who is reasonably expected to
 72 35 graduate from high school before attaining the age of
 73  1 nineteen.
 73  2    3.  The unit is providing enforcement services for the
 73  3 ongoing support obligation pursuant to chapter 252B.
 73  4    4.  A parent requests a cost-of-living alteration as
 73  5 provided in section 252H.23.
 73  6    5.  The support order addresses medical support for the
 73  7 child.
 73  8    Sec. 108.  NEW SECTION.  252H.23  RIGHT TO REQUEST COST-OF-
 73  9 LIVING ALTERATION.
 73 10    A parent may request a cost-of-living alteration by
 73 11 submitting all of the following to the unit:
 73 12    1.  A written request for a cost-of-living alteration to
 73 13 the support order signed by the parent making the request.
 73 14    2.  A statement signed by the nonrequesting parent agreeing
 73 15 to the cost-of-living alteration to the support order.
 73 16    3.  A statement signed by each parent waiving that parent's
 73 17 right to personal service and accepting service by regular
 73 18 mail.
 73 19    4.  Other documentation specified by rule of the
 73 20 department.
 73 21    Sec. 109.  NEW SECTION.  252H.24  ROLE OF THE CHILD SUPPORT
 73 22 RECOVERY UNIT – FILING AND DOCKETING OF COST-OF-LIVING
 73 23 ALTERATION ORDER – ORDER EFFECTIVE AS DISTRICT COURT ORDER.
 73 24    1.  Upon receipt of a request and required documentation
 73 25 for a cost-of-living alteration, the unit shall issue a notice
 73 26 of the amount of cost-of-living alteration by regular mail to
 73 27 the last known address of each parent, or, if applicable, each
 73 28 parent's attorney.  The notice shall include all of the
 73 29 following:
 73 30    a.  A statement that either parent may contest the cost-of-
 73 31 living alteration within thirty days of the date of the notice
 73 32 by making a request for a review of a support order as
 73 33 provided in section 252H.13, and if either parent does not
 73 34 make a request for a review within thirty days, the unit shall
 73 35 prepare an administrative order as provided in subsection 4.
 74  1    b.  A statement that the parent may waive the thirty-day
 74  2 notice waiting period provided for in this section.
 74  3    2.  Upon timely receipt of a request and required
 74  4 documentation for a review of a support order as provided in
 74  5 subsection 1 from either parent, the unit shall terminate the
 74  6 cost-of-living alteration process and apply the provisions of
 74  7 subchapters I and II of this chapter relating to review and
 74  8 adjustment.
 74  9    3.  Upon receipt of signed requests from both parents
 74 10 subject to the support order, waiving the notice waiting
 74 11 period, the unit may prepare an administrative order pursuant
 74 12 to subsection 4 altering the support obligation.
 74 13    4.  If timely request for a review pursuant to section
 74 14 252H.13 is not made, and if the thirty-day notice waiting
 74 15 period has expired, or if both parents have waived the notice
 74 16 waiting period, the unit shall prepare and present an
 74 17 administrative order for a cost-of-living alteration, ex
 74 18 parte, to the district court where the order to be altered is
 74 19 filed.
 74 20    5.  Unless defects appear on the face of the administrative
 74 21 order or on the attachments, the district court shall approve
 74 22 the order.  Upon filing, the approved order shall have the
 74 23 same force, effect, and attributes of an order of the district
 74 24 court.
 74 25    6.  Upon filing, the clerk of the district court shall
 74 26 enter the order in the judgment docket and judgment lien
 74 27 index.
 74 28    7.  If the parents jointly waive the thirty-day notice
 74 29 waiting period, the signed statements of both parents waiving
 74 30 the notice period shall be filed in the court record with the
 74 31 administrative order altering the support obligation.
 74 32    8.  The unit shall send a copy of the order by regular mail
 74 33 to each parent's last known address, or, if applicable, to the
 74 34 last known address of the parent's attorney.
 74 35    9.  An administrative order approved by the district court
 75  1 is final, and action by the unit to enforce and collect upon
 75  2 the order may be taken from the date of the entry of the order
 75  3 by the district court.  
 75  4                           DIVISION IX
 75  5    Sec. 110.  Section 252I.1, subsections 1, 3, 5, and 8, Code
 75  6 1997, are amended to read as follows:
 75  7    1.  "Account" means "account" as defined in section
 75  8 524.103, "share account or shares" as defined in section
 75  9 534.102, the savings or deposits of a member received or being
 75 10 held by a credit union, or certificates of deposit.  "Account"
 75 11 also includes deposits held by an agent, a broker-dealer, or
 75 12 an issuer as defined in section 502.102 and money-market
 75 13 mutual fund accounts.  However, "account" does not include
 75 14 amounts held by a financial institution as collateral for
 75 15 loans extended by the financial institution.
 75 16    3.  "Court order" means "support order" as defined in
 75 17 section 252C.1 252J.1.
 75 18    5.  "Financial institution" includes a bank, credit union,
 75 19 or savings and loan association means "financial institution"
 75 20 as defined in 42 U.S.C. } 669A(d)(1).  "Financial institution"
 75 21 also includes an institution which holds deposits for an
 75 22 agent, broker-dealer, or an issuer as defined in section
 75 23 502.102.
 75 24    8.  "Support" or "support payments" means "support" or
 75 25 "support payments" as defined in section 252D.1 252D.16A.
 75 26    Sec. 111.  Section 252I.4, Code 1997, is amended to read as
 75 27 follows:
 75 28    252I.4  VERIFICATION OF ACCOUNTS AND IMMUNITY FROM
 75 29 LIABILITY.
 75 30    1.  The unit may contact a financial institution to obtain
 75 31 verification of the account number, the names and social
 75 32 security numbers listed for the account, and the account
 75 33 balance of any account held by an obligor.  Contact with a
 75 34 financial institution may be by telephone or by written
 75 35 communication.  The financial institution may require positive
 76  1 voice recognition and may require the telephone number of the
 76  2 authorized person from the unit before releasing an obligor's
 76  3 account information by telephone.
 76  4    2.  The unit and financial institutions doing business in
 76  5 Iowa shall enter into agreements to develop and operate a data
 76  6 match system, using automated data exchanges to the maximum
 76  7 extent feasible.  The data match system shall allow a means by
 76  8 which each financial institution shall provide to the unit for
 76  9 each calendar quarter the name, record address, social
 76 10 security number or other taxpayer identification number, and
 76 11 other identifying information for each obligor who maintains
 76 12 an account at the institution and who owes past-due support,
 76 13 as identified by the unit by name and social security number
 76 14 or other taxpayer identification number.  The unit shall work
 76 15 with representatives of financial institutions to develop a
 76 16 system to assist nonautomated financial institutions in
 76 17 complying with the provisions of this section.
 76 18    3.  The unit may pay a reasonable fee to a financial
 76 19 institution for conducting the data match required in
 76 20 subsection 2, not to exceed the actual costs incurred by the
 76 21 financial institution.
 76 22    2. 4.  The financial institution is immune from any
 76 23 liability, civil or criminal, which might otherwise be
 76 24 incurred or imposed for any of the following:
 76 25    a.  Any information released by the financial institution
 76 26 to the unit pursuant to this chapter section.
 76 27    b.  Any encumbrance or surrender of any assets held by the
 76 28 financial institution in response to a notice of lien or levy
 76 29 issued by the unit.
 76 30    c.  Any other action taken in good faith to comply with
 76 31 section 252I.4 or 252I.7.
 76 32    3. 5.  The financial institution or the unit is not liable
 76 33 for the cost of any early withdrawal penalty of an obligor's
 76 34 certificate of deposit.  
 76 35                           DIVISION X
 77  1    Sec. 112.  Section 252J.1, subsections 1, 2, 3, 4, 6, and
 77  2 9, Code 1997, are amended to read as follows:
 77  3    1.  "Certificate of noncompliance" means a document
 77  4 provided by the child support recovery unit certifying that
 77  5 the named obligor individual is not in compliance with a any
 77  6 of the following:
 77  7    a.  A support order. or with a
 77  8    b.  A written agreement for payment of support entered into
 77  9 by the unit and the obligor.
 77 10    c.  A subpoena or warrant relating to a paternity or
 77 11 support proceeding.
 77 12    2.  "License" means a license, certification, registration,
 77 13 permit, approval, renewal, or other similar authorization
 77 14 issued to an obligor individual by a licensing authority which
 77 15 evidences the admission to, or granting of authority to engage
 77 16 in, a profession, occupation, business, or industry, or
 77 17 recreation or to operate or register a motor vehicle.
 77 18 "License" does not mean or include includes licenses for
 77 19 hunting, fishing, boating, or other recreational activity.
 77 20    3.  "Licensee" means an obligor individual to whom a
 77 21 license has been issued, or who is seeking the issuance of a
 77 22 license.
 77 23    4.  "Licensing authority" means a county treasurer, county
 77 24 recorder or designated depositary, the supreme court, or an
 77 25 instrumentality, agency, board, commission, department,
 77 26 officer, organization, or any other entity of the state, which
 77 27 has authority within this state to suspend or revoke a license
 77 28 or to deny the renewal or issuance of a license authorizing an
 77 29 obligor individual to register or operate a motor vehicle or
 77 30 to engage in a business, occupation, profession, recreation,
 77 31 or industry.
 77 32    6.  "Support" means support or support payments as defined
 77 33 in section 252D.1 252D.16A, whether established through court
 77 34 or administrative order.
 77 35    9.  "Withdrawal of a certificate of noncompliance" means a
 78  1 document provided by the unit certifying that the certificate
 78  2 of noncompliance is withdrawn and that the licensing authority
 78  3 may proceed with issuance, reinstatement, or renewal of an
 78  4 obligor's individual's license.
 78  5    Sec. 113.  Section 252J.1, Code 1997, is amended by adding
 78  6 the following new subsections:
 78  7    NEW SUBSECTION.  1A.  "Individual" means a parent, an
 78  8 obligor, or a putative father in a paternity or support
 78  9 proceeding.
 78 10    NEW SUBSECTION.  5A.  "Subpoena or warrant" means a
 78 11 subpoena or warrant relating to a paternity or support
 78 12 proceeding initiated or obtained by the unit or a child
 78 13 support agency as defined in section 252H.2.
 78 14    Sec. 114.  Section 252J.2, subsections 1, 2, and 4, Code
 78 15 1997, are amended to read as follows:
 78 16    1.  Notwithstanding other statutory provisions to the
 78 17 contrary, and if an obligor individual has not been cited for
 78 18 contempt and enjoined from engaging in the activity governed
 78 19 by a license pursuant to section 598.23A, the unit may utilize
 78 20 the process established in this chapter to collect support.
 78 21    2.  For cases in which services are provided by the unit
 78 22 all of the following apply:
 78 23    a.  An obligor is subject to the provisions of this chapter
 78 24 if the obligor's support obligation is being enforced by the
 78 25 unit, if the support payments required by a support order to
 78 26 be paid to the clerk of the district court or the collection
 78 27 services center pursuant to section 598.22 are not paid and
 78 28 become delinquent in an amount equal to the support payment
 78 29 for ninety days three months, and if the obligor's situation
 78 30 meets other criteria specified under rules adopted by the
 78 31 department pursuant to chapter 17A.  The criteria specified by
 78 32 rule shall include consideration of the length of time since
 78 33 the obligor's last support payment and the total amount of
 78 34 support owed by the obligor.
 78 35    b.  An individual is subject to the provisions of this
 79  1 chapter if the individual has failed, after receiving
 79  2 appropriate notice, to comply with a subpoena or warrant.
 79  3    4.  Notwithstanding the confidentiality provisions of
 79  4 chapter 252B or 422, or any other statutory provision
 79  5 pertaining to the confidentiality of records, a licensing
 79  6 authority shall exchange information with the unit through
 79  7 manual or automated means. 22 all of the following apply:
 79  8    a.  Information exchanged obtained by the unit under this
 79  9 chapter shall be used solely for the purposes of this chapter
 79 10 or chapter 598 shall be used solely for the purpose of
 79 11 identifying licensees subject to enforcement pursuant to this
 79 12 chapter or chapter 598 252B.
 79 13    b.  Information obtained by a licensing authority shall be
 79 14 used solely for the purposes of this chapter.
 79 15    Sec. 115.  Section 252J.3, Code 1997, is amended to read as
 79 16 follows:
 79 17    252J.3  NOTICE TO OBLIGOR INDIVIDUAL OF POTENTIAL SANCTION
 79 18 OF LICENSE.
 79 19    The unit shall proceed in accordance with this chapter only
 79 20 if notice is served on the obligor individual in accordance
 79 21 with R.C.P. 56.1 or notice is sent by certified mail addressed
 79 22 to the obligor's individual's last known address and served
 79 23 upon any person who may accept service under R.C.P.  56.1.
 79 24 Return acknowledgment is required to prove service by
 79 25 certified mail.  The notice shall include all of the
 79 26 following:
 79 27    1.  The address and telephone number of the unit and the
 79 28 unit case number.
 79 29    2.  A statement that the obligor is not in compliance with
 79 30 a support order or the individual has not complied with a
 79 31 subpoena or warrant.
 79 32    3.  A statement that the obligor individual may request a
 79 33 conference with the unit to contest the action.
 79 34    4.  A statement that if, within twenty days of service of
 79 35 notice on the obligor individual, the obligor individual fails
 80  1 to contact the unit to schedule a conference, the unit shall
 80  2 issue a certificate of noncompliance, bearing the obligor's
 80  3 individual's name, social security number, and unit case
 80  4 number, and the docket number of a support order requiring the
 80  5 obligor to pay support, to any appropriate licensing
 80  6 authority, certifying that the obligor is not in compliance
 80  7 with a support order or an individual has not complied with a
 80  8 subpoena or warrant.
 80  9    5.  A statement that in order to stay the issuance of a
 80 10 certificate of noncompliance the request for a conference
 80 11 shall be in writing and shall be received by the unit within
 80 12 twenty days of service of notice on the obligor individual.
 80 13    6.  The names of the licensing authorities to which the
 80 14 unit intends to issue a certificate of noncompliance.
 80 15    7.  A statement that if the unit issues a certificate of
 80 16 noncompliance to an appropriate licensing authority, the
 80 17 licensing authority shall initiate proceedings to refuse to
 80 18 issue or renew, or to suspend or revoke the obligor's
 80 19 individual's license, unless the unit provides the licensing
 80 20 authority with a withdrawal of a certificate of noncompliance.
 80 21    Sec. 116.  Section 252J.4, Code 1997, is amended to read as
 80 22 follows:
 80 23    252J.4  CONFERENCE.
 80 24    1.  The obligor individual may schedule a conference with
 80 25 the unit following service of notice pursuant to section
 80 26 252J.3, or at any time after service of notice of suspension,
 80 27 revocation, denial of issuance, or nonrenewal of a license
 80 28 from a licensing authority, to challenge the unit's actions
 80 29 under this chapter.
 80 30    2.  The request for a conference shall be made to the unit,
 80 31 in writing, and, if requested after service of a notice
 80 32 pursuant to section 252J.3, shall be received by the unit
 80 33 within twenty days following service of notice.
 80 34    3.  The unit shall notify the obligor individual of the
 80 35 date, time, and location of the conference by regular mail,
 81  1 with the date of the conference to be no earlier than ten days
 81  2 following issuance of notice of the conference by the unit.
 81  3 If the obligor individual fails to appear at the conference,
 81  4 the unit shall issue a certificate of noncompliance.
 81  5    4.  Following the conference, the unit shall issue a
 81  6 certificate of noncompliance unless any of the following
 81  7 applies:
 81  8    a.  The unit finds a mistake in the identity of the obligor
 81  9 individual.
 81 10    b.  The unit finds a mistake in determining that the amount
 81 11 of delinquent support is equal to or greater than ninety days
 81 12 three months.
 81 13    c.  The obligor enters a written agreement with the unit to
 81 14 comply with a support order, the obligor complies with an
 81 15 existing written agreement to comply with a support order, or
 81 16 the obligor pays the total amount of delinquent support due.
 81 17    d.  Issuance of a certificate of noncompliance is not
 81 18 appropriate under other criteria established in accordance
 81 19 with rules adopted by the department pursuant to chapter 17A.
 81 20    e.  The unit finds a mistake in determining the compliance
 81 21 of the individual with a subpoena or warrant.
 81 22    f.  The individual complies with a subpoena or warrant.
 81 23    5.  The unit shall grant the obligor individual a stay of
 81 24 the issuance of a certificate of noncompliance upon receiving
 81 25 a timely written request for a conference, and if a
 81 26 certificate of noncompliance has previously been issued, shall
 81 27 issue a withdrawal of a certificate of noncompliance if the
 81 28 obligor enters into a written agreement with the unit to
 81 29 comply with a support order or if the individual complies with
 81 30 a subpoena or warrant.
 81 31    6.  If the obligor individual does not timely request a
 81 32 conference or does not comply with a subpoena or warrant or if
 81 33 the obligor does not pay the total amount of delinquent
 81 34 support owed within twenty days of service of the notice
 81 35 pursuant to section 252J.3, the unit shall issue a certificate
 82  1 of noncompliance.
 82  2    Sec. 117.  Section 252J.5, subsection 1, unnumbered
 82  3 paragraph 1, Code 1997, is amended to read as follows:
 82  4    If an obligor is subject to this chapter as established in
 82  5 section 252J.2, subsection 2, paragraph "a", the obligor and
 82  6 the unit may enter into a written agreement for payment of
 82  7 support and compliance which takes into consideration the
 82  8 obligor's ability to pay and other criteria established by
 82  9 rule of the department.  The written agreement shall include
 82 10 all of the following:
 82 11    Sec. 118.  Section 252J.6, Code 1997, is amended to read as
 82 12 follows:
 82 13    252J.6  DECISION OF THE UNIT.
 82 14    1.  If an obligor is not in compliance with a support order
 82 15 or the individual is not in compliance with a subpoena or
 82 16 warrant pursuant to section 252J.2, the unit notifies the
 82 17 obligor individual pursuant to section 252J.3, and the obligor
 82 18 individual requests a conference pursuant to section 252J.4,
 82 19 the unit shall issue a written decision if any of the
 82 20 following conditions exists:
 82 21    a.  The obligor individual fails to appear at a scheduled
 82 22 conference under section 252J.4.
 82 23    b.  A conference is held under section 252J.4.
 82 24    c.  The obligor fails to comply with a written agreement
 82 25 entered into by the obligor and the unit under section 252J.5.
 82 26    2.  The unit shall send a copy of the written decision to
 82 27 the obligor individual by regular mail at the obligor's
 82 28 individual's most recent address of record.  If the decision
 82 29 is made to issue a certificate of noncompliance or to withdraw
 82 30 the certificate of noncompliance, a copy of the certificate of
 82 31 noncompliance or of the withdrawal of the certificate of
 82 32 noncompliance shall be attached to the written decision.  The
 82 33 written decision shall state all of the following:
 82 34    a.  That a copy of the certificate of noncompliance or
 82 35 withdrawal of the certificate of noncompliance has been
 83  1 provided to the licensing authorities named in the notice
 83  2 provided pursuant to section 252J.3.
 83  3    b.  That upon receipt of a certificate of noncompliance,
 83  4 the licensing authority shall initiate proceedings to suspend,
 83  5 revoke, deny issuance, or deny renewal of a license, unless
 83  6 the licensing authority is provided with a withdrawal of a
 83  7 certificate of noncompliance from the unit.
 83  8    c.  That in order to obtain a withdrawal of a certificate
 83  9 of noncompliance from the unit, the obligor shall enter into a
 83 10 written agreement with the unit, comply with an existing
 83 11 written agreement with the unit, or pay the total amount of
 83 12 delinquent support owed or the individual shall comply with a
 83 13 subpoena or warrant.
 83 14    d.  That if the unit issues a written decision, which
 83 15 includes a certificate of noncompliance, that all of the
 83 16 following apply:
 83 17    (1)  The obligor individual may request a hearing as
 83 18 provided in section 252J.9, before the district court as
 83 19 follows:
 83 20    (a)  If the action is a result of section 252J.2,
 83 21 subsection 2, paragraph "a", in the county in which the
 83 22 underlying support order is filed, by filing a written
 83 23 application to the court challenging the issuance of the
 83 24 certificate of noncompliance by the unit and sending a copy of
 83 25 the application to the unit within the time period specified
 83 26 in section 252J.9.
 83 27    (b)  If the action is a result of section 252J.2,
 83 28 subsection 2, paragraph "b" and the individual is not an
 83 29 obligor, in the county in which the dependent child or
 83 30 children reside if the child or children reside in Iowa; in
 83 31 the county in which the dependent child or children last
 83 32 received public assistance if the child or children received
 83 33 public assistance in Iowa; or in the county in which the
 83 34 individual resides if the action is the result of a request
 83 35 from a child support agency in a foreign jurisdiction.
 84  1    (2)  The obligor individual may retain an attorney at the
 84  2 obligor's individual's own expense to represent the obligor
 84  3 individual at the hearing.
 84  4    (3)  The scope of review of the district court shall be
 84  5 limited to demonstration of a mistake of fact related to the
 84  6 delinquency of the obligor or the compliance of the individual
 84  7 with a subpoena or warrant.
 84  8    3.  If the unit issues a certificate of noncompliance, the
 84  9 unit shall only issue a withdrawal of the certificate of
 84 10 noncompliance if any of the following applies:
 84 11    a.  The unit or the court finds a mistake in the identity
 84 12 of the obligor individual.
 84 13    b.  The unit finds a mistake in determining compliance with
 84 14 a subpoena or warrant.
 84 15    b. c.  The unit or the court finds a mistake in determining
 84 16 that the amount of delinquent support due is equal to or
 84 17 greater than ninety days three months.
 84 18    c. d.  The obligor enters a written agreement with the unit
 84 19 to comply with a support order, the obligor complies with an
 84 20 existing written agreement to comply with a support order, or
 84 21 the obligor pays the total amount of delinquent support owed.
 84 22    e.  The individual complies with the subpoena or warrant.
 84 23    d. f.  Issuance of a withdrawal of the certificate of
 84 24 noncompliance is appropriate under other criteria in
 84 25 accordance with rules adopted by the department pursuant to
 84 26 chapter 17A.
 84 27    Sec. 119.  Section 252J.7, Code 1997, is amended to read as
 84 28 follows:
 84 29    252J.7  CERTIFICATE OF NONCOMPLIANCE – CERTIFICATION TO
 84 30 LICENSING AUTHORITY.
 84 31    1.  If the obligor individual fails to respond to the
 84 32 notice of potential license sanction provided pursuant to
 84 33 section 252J.3 or the unit issues a written decision under
 84 34 section 252J.6 which states that the obligor individual is not
 84 35 in compliance, the unit shall certify, in writing, to any
 85  1 appropriate licensing authority that the support obligor is
 85  2 not in compliance with a support order or the individual is
 85  3 not in compliance with a subpoena or warrant and shall include
 85  4 a copy of the certificate of noncompliance.
 85  5    2.  The certificate of noncompliance shall contain the
 85  6 obligor's individual's name, and social security number, and
 85  7 the docket number of the applicable support order.
 85  8    3.  The certificate of noncompliance shall require all of
 85  9 the following:
 85 10    a.  That the licensing authority initiate procedures for
 85 11 the revocation or suspension of the obligor's individual's
 85 12 license, or for the denial of the issuance or renewal of a
 85 13 license using the licensing authority's procedures.
 85 14    b.  That the licensing authority provide notice to the
 85 15 obligor individual, as provided in section 252J.8, of the
 85 16 intent to suspend, revoke, deny issuance, or deny renewal of a
 85 17 license including the effective date of the action.  The
 85 18 suspension, revocation, or denial shall be effective no sooner
 85 19 than thirty days following provision of notice to the obligor
 85 20 individual.
 85 21    Sec. 120.  Section 252J.8, subsections 3, 4, and 5, Code
 85 22 1997, are amended to read as follows:
 85 23    3.  The supreme court shall prescribe rules for admission
 85 24 of persons to practice as attorneys and counselors pursuant to
 85 25 chapter 602, article 10, which include provisions, as
 85 26 specified in this chapter, for the denial, suspension, or
 85 27 revocation of the admission for failure to comply with a child
 85 28 support order or a subpoena or warrant.
 85 29    4.  A licensing authority that is issued a certificate of
 85 30 noncompliance shall initiate procedures for the suspension,
 85 31 revocation, or denial of issuance or renewal of licensure to
 85 32 an obligor individual.  The licensing authority shall utilize
 85 33 existing rules and procedures for suspension, revocation, or
 85 34 denial of the issuance or renewal of a license.
 85 35    In addition, the licensing authority shall provide notice
 86  1 to the obligor individual of the licensing authority's intent
 86  2 to suspend, revoke, or deny issuance or renewal of a license
 86  3 under this chapter.  The suspension, revocation, or denial
 86  4 shall be effective no sooner than thirty days following
 86  5 provision of notice to the obligor individual.  The notice
 86  6 shall state all of the following:
 86  7    a.  The licensing authority intends to suspend, revoke, or
 86  8 deny issuance or renewal of an obligor's individual's license
 86  9 due to the receipt of a certificate of noncompliance from the
 86 10 unit.
 86 11    b.  The obligor individual must contact the unit to
 86 12 schedule a conference or to otherwise obtain a withdrawal of a
 86 13 certificate of noncompliance.
 86 14    c.  Unless the unit furnishes a withdrawal of a certificate
 86 15 of noncompliance to the licensing authority within thirty days
 86 16 of the issuance of the notice under this section, the
 86 17 obligor's individual's license will be revoked, suspended, or
 86 18 denied.
 86 19    d.  If the licensing authority's rules and procedures
 86 20 conflict with the additional requirements of this section, the
 86 21 requirements of this section shall apply.  Notwithstanding
 86 22 section 17A.18, the obligor individual does not have a right
 86 23 to a hearing before the licensing authority to contest the
 86 24 authority's actions under this chapter but may request a court
 86 25 hearing pursuant to section 252J.9 within thirty days of the
 86 26 provision of notice under this section.
 86 27    5.  If the licensing authority receives a withdrawal of a
 86 28 certificate of noncompliance from the unit, the licensing
 86 29 authority shall immediately reinstate, renew, or issue a
 86 30 license if the obligor individual is otherwise in compliance
 86 31 with licensing requirements established by the licensing
 86 32 authority.
 86 33    Sec. 121.  Section 252J.9, subsections 1, 2, and 3, Code
 86 34 1997, are amended to read as follows:
 86 35    1.  Following the issuance of a written decision by the
 87  1 unit under section 252J.6 which includes the issuance of a
 87  2 certificate of noncompliance, or following provision of notice
 87  3 to the obligor individual by a licensing authority pursuant to
 87  4 section 252J.8, an obligor individual may seek review of the
 87  5 decision and request a hearing before the district court as
 87  6 follows:
 87  7    a.  If the action is a result of section 252J.2, subsection
 87  8 2, paragraph "a", in the county in which the underlying
 87  9 support order is filed, by filing an application with the
 87 10 district court, and sending a copy of the application to the
 87 11 unit by regular mail.
 87 12    b.  If the action is a result of section 252J.2, subsection
 87 13 2, paragraph "b" and the individual is not an obligor, in a
 87 14 county in which the dependent child or children reside if the
 87 15 child or children reside in Iowa; in the county in which the
 87 16 dependent child or children last received public assistance if
 87 17 the child or children received public assistance in Iowa; or
 87 18 in the county in which the individual resides if the action is
 87 19 the result of a request from a child support agency in a
 87 20 foreign jurisdiction.
 87 21    PARAGRAPH DIVIDED.  An application shall be filed to seek
 87 22 review of the decision by the unit or following issuance of
 87 23 notice by the licensing authority no later than within thirty
 87 24 days after the issuance of the notice pursuant to section
 87 25 252J.8.  The clerk of the district court shall schedule a
 87 26 hearing and mail a copy of the order scheduling the hearing to
 87 27 the obligor individual and the unit and shall also mail a copy
 87 28 of the order to the licensing authority, if applicable.  The
 87 29 unit shall certify a copy of its written decision and
 87 30 certificate of noncompliance, indicating the date of issuance,
 87 31 and the licensing authority shall certify a copy of a notice
 87 32 issued pursuant to section 252J.8, to the court prior to the
 87 33 hearing.
 87 34    2.  The filing of an application pursuant to this section
 87 35 shall automatically stay the actions of a licensing authority
 88  1 pursuant to section 252J.8.  The hearing on the application
 88  2 shall be scheduled and held within thirty days of the filing
 88  3 of the application.  However, if the obligor individual fails
 88  4 to appear at the scheduled hearing, the stay shall be lifted
 88  5 and the licensing authority shall continue procedures pursuant
 88  6 to section 252J.8.
 88  7    3.  The scope of review by the district court shall be
 88  8 limited to demonstration of a mistake of fact relating to the
 88  9 delinquency of the obligor or the noncompliance of the
 88 10 individual with a subpoena or warrant.  Issues related to
 88 11 visitation, custody, or other provisions not related to the
 88 12 support provisions of a support order are not grounds for a
 88 13 hearing under this chapter.  
 88 14                           DIVISION XI
 88 15              UNIFORM INTERSTATE FAMILY SUPPORT ACT
 88 16                             (1996)
 88 17                            ARTICLE 1
 88 18                       GENERAL PROVISIONS
 88 19    Sec. 122.  NEW SECTION.  252K.101  DEFINITIONS.
 88 20    In this chapter:
 88 21    1.  "Child" means an individual, whether over or under the
 88 22 age of majority, who is or is alleged to be owed a duty of
 88 23 support by the individual's parent or who is or is alleged to
 88 24 be the beneficiary of a support order directed to the parent.
 88 25    2.  "Child-support order" means a support order for a
 88 26 child, including a child who has attained the age of majority
 88 27 under the law of the issuing state.
 88 28    3.  "Duty of support" means an obligation imposed or
 88 29 imposable by law to provide support for a child, spouse, or
 88 30 former spouse, including an unsatisfied obligation to provide
 88 31 support.
 88 32    4.  "Home state" means the state in which a child lived
 88 33 with a parent or a person acting as parent for at least six
 88 34 consecutive months immediately preceding the time of filing of
 88 35 a petition or comparable pleading for support and, if a child
 89  1 is less than six months old, the state in which the child
 89  2 lived from birth with any of them.  A period of temporary
 89  3 absence of any of them is counted as part of the six-month or
 89  4 other period.
 89  5    5.  "Income" includes earnings or other periodic
 89  6 entitlements to money from any source and any other property
 89  7 subject to withholding for support under the law of this
 89  8 state.
 89  9    6.  "Income-withholding order" means an order or other
 89 10 legal process directed to an obligor's employer or other payor
 89 11 of income, as defined by the income-withholding law of this
 89 12 state, to withhold support from the income of the obligor.
 89 13    7.  "Initiating state" means a state from which a
 89 14 proceeding is forwarded or in which a proceeding is filed for
 89 15 forwarding to a responding state under this chapter or a law
 89 16 or procedure substantially similar to this chapter, the
 89 17 Uniform Reciprocal Enforcement of Support Act, or the Revised
 89 18 Uniform Reciprocal Enforcement of Support Act.
 89 19    8.  "Initiating tribunal" means the authorized tribunal in
 89 20 an initiating state.
 89 21    9.  "Issuing state" means the state in which a tribunal
 89 22 issues a support order or renders a judgment determining
 89 23 parentage.
 89 24    10.  "Issuing tribunal" means the tribunal that issues a
 89 25 support order or renders a judgment determining parentage.
 89 26    11.  "Law" includes decisional and statutory law and rules
 89 27 and regulations having the force of law.
 89 28    12.  "Obligee" means any of the following:
 89 29    a.  An individual to whom a duty of support is or is
 89 30 alleged to be owed or in whose favor a support order has been
 89 31 issued or a judgment determining parentage has been rendered.
 89 32    b.  A state or political subdivision to which the rights
 89 33 under a duty of support or support order have been assigned or
 89 34 which has independent claims based on financial assistance
 89 35 provided to an individual obligee.
 90  1    c.  An individual seeking a judgment determining parentage
 90  2 of the individual's child.
 90  3    13.  "Obligor" means an individual, or the estate of a
 90  4 decedent, to which any of the following applies:
 90  5    a.  Who owes or is alleged to owe a duty of support.
 90  6    b.  Who is alleged but has not been adjudicated to be a
 90  7 parent of a child.
 90  8    c.  Who is liable under a support order.
 90  9    14.  "Register" means to file a support order or judgment
 90 10 determining parentage in the appropriate location for the
 90 11 filing of foreign judgments.
 90 12    15.  "Registering tribunal" means a tribunal in which a
 90 13 support order is registered.
 90 14    16.  "Responding state" means a state in which a proceeding
 90 15 is filed or to which a proceeding is forwarded for filing from
 90 16 an initiating state under this chapter or a law or procedure
 90 17 substantially similar to this chapter, the Uniform Reciprocal
 90 18 Enforcement of Support Act, or the Revised Uniform Reciprocal
 90 19 Enforcement of Support Act.
 90 20    17.  "Responding tribunal" means the authorized tribunal in
 90 21 a responding state.
 90 22    18.  "Spousal-support order" means a support order for a
 90 23 spouse or former spouse of the obligor.
 90 24    19.  "State" means a state of the United States, the
 90 25 District of Columbia, Puerto Rico, the United States Virgin
 90 26 Islands, or any territory or insular possession subject to the
 90 27 jurisdiction of the United states.  The term includes:
 90 28    a.  An Indian tribe.
 90 29    b.  A foreign jurisdiction that has enacted a law or
 90 30 established procedures for issuance and enforcement of support
 90 31 orders which are substantially similar to the procedures under
 90 32 this chapter, the Uniform Reciprocal Enforcement of Support
 90 33 Act, or the Revised Uniform Reciprocal Enforcement of Support
 90 34 Act.
 90 35    20.  "Support enforcement agency" means a public official
 91  1 or agency authorized to seek any of the following:
 91  2    a.  Enforcement of support orders or laws relating to the
 91  3 duty of support.
 91  4    b.  Establishment or modification of child support.
 91  5    c.  Determination of parentage.
 91  6    d.  Location of obligors or their assets.
 91  7    21.  "Support order" means a judgment, decree, or order,
 91  8 whether temporary, final, or subject to modification, for the
 91  9 benefit of a child, a spouse, or a former spouse, which
 91 10 provides for monetary support, health care, arrearages, or
 91 11 reimbursement, and may include related costs and fees,
 91 12 interest, income withholding, attorney's fees, and other
 91 13 relief.
 91 14    22.  "Tribunal" means a court, administrative agency, or
 91 15 quasi-judicial entity authorized to establish, enforce, or
 91 16 modify support orders or to determine parentage.
 91 17    Sec. 123.  NEW SECTION.  252K.102  TRIBUNALS OF THIS STATE.
 91 18    The child support recovery unit when the unit establishes
 91 19 or modifies an order, upon ratification by the court, and the
 91 20 court, are the tribunals of this state.
 91 21    Sec. 124.  NEW SECTION.  252K.103  REMEDIES CUMULATIVE.
 91 22    Remedies provided by this chapter are cumulative and do not
 91 23 affect the availability of remedies under other law.  
 91 24                            ARTICLE 2
 91 25                          JURISDICTION
 91 26                             PART 1
 91 27                 EXTENDED PERSONAL JURISDICTION
 91 28    Sec. 125.  NEW SECTION.  252K.201  BASES FOR JURISDICTION
 91 29 OVER NONRESIDENT.
 91 30    In a proceeding to establish, enforce, or modify a support
 91 31 order or to determine parentage, a tribunal of this state may
 91 32 exercise personal jurisdiction over a nonresident individual
 91 33 or the individual's guardian or conservator if any of the
 91 34 following applies:
 91 35    1.  The individual is personally served with notice within
 92  1 this state.
 92  2    2.  The individual submits to the jurisdiction of this
 92  3 state by consent, by entering a general appearance, or by
 92  4 filing a responsive document having the effect of waiving any
 92  5 contest to personal jurisdiction.
 92  6    3.  The individual resided with the child in this state.
 92  7    4.  The individual resided in this state and provided
 92  8 prenatal expenses or support for the child.
 92  9    5.  The child resides in this state as a result of the acts
 92 10 or directives of the individual.
 92 11    6.  The individual engaged in sexual intercourse in this
 92 12 state and the child may have been conceived by that act of
 92 13 intercourse.
 92 14    7.  The individual asserted parentage in the declaration of
 92 15 paternity registry maintained in this state by the Iowa
 92 16 department of public health pursuant to section 144.12A or
 92 17 established paternity by affidavit under section 252A.3A.
 92 18    8.  There is any other basis consistent with the
 92 19 constitutions of this state and the United States for the
 92 20 exercise of personal jurisdiction.
 92 21    Sec. 126.  NEW SECTION.  252K.202  PROCEDURE WHEN
 92 22 EXERCISING JURISDICTION OVER NONRESIDENT.
 92 23    A tribunal of this state exercising personal jurisdiction
 92 24 over a nonresident under section 252K.201 may apply section
 92 25 252K.316 to receive evidence from another state, and section
 92 26 252K.318 to obtain discovery through a tribunal of another
 92 27 state.  In all other respects, Articles 3 through 7 do not
 92 28 apply and the tribunal shall apply the procedural and
 92 29 substantive law of this state, including the rules on choice
 92 30 of law other than those established by this chapter.  
 92 31                             PART 2
 92 32            PROCEEDINGS INVOLVING TWO OR MORE STATES
 92 33    Sec. 127.  NEW SECTION.  252K.203  INITIATING AND
 92 34 RESPONDING TRIBUNAL OF THIS STATE.
 92 35    Under this chapter, a tribunal of this state may serve as
 93  1 an initiating tribunal to forward proceedings to another state
 93  2 and as a responding tribunal for proceedings initiated in
 93  3 another state.
 93  4    Sec. 128.  NEW SECTION.  252K.204  SIMULTANEOUS PROCEEDINGS
 93  5 IN ANOTHER STATE.
 93  6    1.  A tribunal of this state may exercise jurisdiction to
 93  7 establish a support order if the petition or comparable
 93  8 pleading is filed after a pleading is filed in another state
 93  9 only if all of the following apply:
 93 10    a.  The petition or comparable pleading in this state is
 93 11 filed before the expiration of the time allowed in the other
 93 12 state for filing a responsive pleading challenging the
 93 13 exercise of jurisdiction by the other state.
 93 14    b.  The contesting party timely challenges the exercise of
 93 15 jurisdiction in the other state.
 93 16    c.  If relevant, this state is the home state of the child.
 93 17    2.  A tribunal of this state may not exercise jurisdiction
 93 18 to establish a support order if the petition or comparable
 93 19 pleading is filed before a petition or comparable pleading is
 93 20 filed in another state if all of the following apply:
 93 21    a.  The petition or comparable pleading in the other state
 93 22 is filed before the expiration of the time allowed in this
 93 23 state for filing a responsive pleading challenging the
 93 24 exercise of jurisdiction by this state.
 93 25    b.  The contesting party timely challenges the exercise of
 93 26 jurisdiction in this state.
 93 27    c.  If relevant, the other state is the home state of the
 93 28 child.
 93 29    Sec. 129.  NEW SECTION.  252K.205  CONTINUING, EXCLUSIVE
 93 30 JURISDICTION.
 93 31    1.  A tribunal of this state issuing a support order
 93 32 consistent with the law of this state has continuing,
 93 33 exclusive jurisdiction over a child-support order if any of
 93 34 the following applies:
 93 35    a.  As long as this state remains the residence of the
 94  1 obligor, the individual obligee, or the child for whose
 94  2 benefit the support order is issued.
 94  3    b.  Until all of the parties who are individuals have filed
 94  4 written consents with the tribunal of this state for a
 94  5 tribunal of another state to modify the order and assume
 94  6 continuing, exclusive jurisdiction.
 94  7    2.  A tribunal of this state issuing a child-support order
 94  8 consistent with the law of this state may not exercise its
 94  9 continuing jurisdiction to modify the order if the order has
 94 10 been modified by a tribunal of another state pursuant to this
 94 11 chapter or a law substantially similar to this chapter.
 94 12    3.  If a child support order of this state is modified by a
 94 13 tribunal of another state pursuant to this chapter or a law
 94 14 substantially similar to this chapter, a tribunal of this
 94 15 state loses its continuing, exclusive jurisdiction with regard
 94 16 to prospective enforcement of the order issued in this state,
 94 17 and may only:
 94 18    a.  Enforce the order that was modified as to amounts
 94 19 accruing before the modification.
 94 20    b.  Enforce nonmodifiable aspects of that order.
 94 21    c.  Provide other appropriate relief for violations of that
 94 22 order which occurred before the effective date of the
 94 23 modification.
 94 24    4.  A tribunal of this state shall recognize the
 94 25 continuing, exclusive jurisdiction of a tribunal of another
 94 26 state which has issued a child support order pursuant to this
 94 27 chapter or a law substantially similar to this chapter.
 94 28    5.  A temporary support order issued ex parte or pending
 94 29 resolution of a jurisdictional conflict does not create
 94 30 continuing, exclusive jurisdiction in the issuing tribunal.
 94 31    6.  A tribunal of this state issuing a support order
 94 32 consistent with the law of this state has continuing,
 94 33 exclusive jurisdiction over a spousal support order throughout
 94 34 the existence of the support obligation.  A tribunal of this
 94 35 state may not modify a spousal support order issued by a
 95  1 tribunal of another state having continuing, exclusive
 95  2 jurisdiction over that order under the law of that state.
 95  3    Sec. 130.  NEW SECTION.  252K.206  ENFORCEMENT AND
 95  4 MODIFICATION OF SUPPORT ORDER BY TRIBUNAL HAVING CONTINUING
 95  5 JURISDICTION.
 95  6    1.  A tribunal of this state may serve as an initiating
 95  7 tribunal to request a tribunal of another state to enforce or
 95  8 modify a support order issued in that state.
 95  9    2.  A tribunal of this state having continuing, exclusive
 95 10 jurisdiction over a support order may act as a responding
 95 11 tribunal to enforce or modify the order.  If a party subject
 95 12 to the continuing, exclusive jurisdiction of the tribunal no
 95 13 longer resides in the issuing state, in subsequent proceedings
 95 14 the tribunal may apply section 252K.316 to receive evidence
 95 15 from another state and section 252K.318 to obtain discovery
 95 16 through a tribunal of another state.
 95 17    3.  A tribunal of this state which lacks continuing,
 95 18 exclusive jurisdiction over a spousal-support order may not
 95 19 serve as a responding tribunal to modify a spousal-support
 95 20 order of another state.  
 95 21                             PART 3
 95 22                RECONCILIATION OF MULTIPLE ORDERS 
 95 23    Sec. 131.  NEW SECTION.  252K.207  RECOGNITION OF
 95 24 CONTROLLING CHILD-SUPPORT ORDER.
 95 25    1.  If a proceeding is brought under this chapter and only
 95 26 one tribunal has issued a child support order, the order of
 95 27 that tribunal controls and must be so recognized.
 95 28    2.  If a proceeding is brought under this chapter, and two
 95 29 or more child-support orders have been issued by tribunals of
 95 30 this state or another state with regard to the same obligor
 95 31 and child, a tribunal of this state shall apply the following
 95 32 rules in determining which order to recognize for purposes of
 95 33 continuing, exclusive jurisdiction:
 95 34    a.  If only one of the tribunals would have continuing,
 95 35 exclusive jurisdiction under this chapter, the order of that
 96  1 tribunal controls and must be so recognized.
 96  2    b.  If more than one of the tribunals would have
 96  3 continuing, exclusive jurisdiction under this chapter, an
 96  4 order issued by a tribunal in the current home state of the
 96  5 child controls and must be so recognized, but if an order has
 96  6 not been issued in the current home state of the child, the
 96  7 order most recently issued controls and must be so recognized.
 96  8    c.  If none of the tribunals would have continuing,
 96  9 exclusive jurisdiction under this chapter, the tribunal of
 96 10 this state having jurisdiction over the parties shall issue a
 96 11 child-support order, which controls and must be so recognized.
 96 12    3.  If two or more child support orders have been issued
 96 13 for the same obligor and child and if the obligor or the
 96 14 individual obligee resides in this state, a party may request
 96 15 a tribunal of this state to determine which order controls and
 96 16 must be so recognized under subsection 2.  The request must be
 96 17 accompanied by a certified copy of every support order in
 96 18 effect.  The requesting party shall give notice of the request
 96 19 to each party whose rights may be affected by the
 96 20 determination.
 96 21    4.  The tribunal that issued the controlling order under
 96 22 subsection 1, 2, or 3 is the tribunal that has continuing,
 96 23 exclusive jurisdiction under section 252K.205.
 96 24    5.  A tribunal of this state which determines by order the
 96 25 identity of the controlling order under subsection 2,
 96 26 paragraph "a" or "b", or which issues a new controlling order
 96 27 under subsection 2, paragraph "c", shall state in that order
 96 28 the basis upon which the tribunal made its determination.
 96 29    6.  Within thirty days after issuance of an order
 96 30 determining the identity of the controlling order, the party
 96 31 obtaining the order shall file a certified copy of it with
 96 32 each tribunal that issued or registered an earlier order of
 96 33 child support.  A party who obtains the order and fails to
 96 34 file a certified copy is subject to appropriate sanctions by a
 96 35 tribunal in which the issue of failure to file arises.  The
 97  1 failure to file does not affect the validity or enforceability
 97  2 of the controlling order.
 97  3    Sec. 132.  NEW SECTION.  252K.208  MULTIPLE CHILD SUPPORT
 97  4 ORDERS FOR TWO OR MORE OBLIGEES.
 97  5    In responding to multiple registrations or requests for
 97  6 enforcement of two or more child support orders in effect at
 97  7 the same time with regard to the same obligor and different
 97  8 individual obligees, at least one of which was issued by a
 97  9 tribunal of another state, a tribunal of this state shall
 97 10 enforce those orders in the same manner as if the multiple
 97 11 orders had been issued by a tribunal of this state.
 97 12    Sec. 133.  NEW SECTION.  252K.209  CREDIT FOR PAYMENTS.
 97 13    Amounts collected and credited for a particular period
 97 14 pursuant to a support order issued by a tribunal of another
 97 15 state must be credited against the amounts accruing or accrued
 97 16 for the same period under a support order issued by the
 97 17 tribunal of this state.  
 97 18                            ARTICLE 3
 97 19             CIVIL PROVISIONS OF GENERAL APPLICATION
 97 20    Sec. 134.  NEW SECTION.  252K.301  PROCEEDINGS UNDER THIS
 97 21 CHAPTER.
 97 22    1.  Except as otherwise provided in this chapter, this
 97 23 article applies to all proceedings under this chapter.
 97 24    2.  This chapter provides for the following proceedings:
 97 25    a.  Establishment of an order for spousal support or child
 97 26 support pursuant to Article 4.
 97 27    b.  Enforcement of a support order and income withholding
 97 28 order of another state without registration pursuant to
 97 29 Article 5.
 97 30    c.  Registration of an order for spousal support or child
 97 31 support of another state for enforcement pursuant to Article
 97 32 6.
 97 33    d.  Modification of an order for child support or spousal
 97 34 support issued by a tribunal of this state pursuant to Article
 97 35 2, part 2.
 98  1    e.  Registration of an order for child support of another
 98  2 state for modification pursuant to Article 6.
 98  3    f.  Determination of parentage pursuant to Article 7.
 98  4    g.  Assertion of jurisdiction over nonresidents pursuant to
 98  5 Article 2, part 1.
 98  6    3.  An individual movant or a support enforcement agency
 98  7 may commence a proceeding authorized under this chapter by
 98  8 filing a petition or a comparable pleading in an initiating
 98  9 tribunal for forwarding to a responding tribunal or by filing
 98 10 a petition or a comparable pleading directly in a tribunal of
 98 11 another state which has or can obtain personal jurisdiction
 98 12 over the respondent or nonmoving party.
 98 13    Sec. 135.  NEW SECTION.  252K.302  ACTION BY MINOR PARENT.
 98 14    A minor parent, or a guardian or other legal representative
 98 15 of a minor parent, may maintain a proceeding on behalf of or
 98 16 for the benefit of the minor's child.
 98 17    Sec. 136.  NEW SECTION.  252K.303  APPLICATION OF LAW OF
 98 18 THIS STATE.
 98 19    Except as otherwise provided by this chapter, a responding
 98 20 tribunal of this state shall do all of the following:
 98 21    1.  Apply the procedural and substantive law, including the
 98 22 rules on choice of law, generally applicable to similar
 98 23 proceedings originating in this state, and may exercise all
 98 24 powers and provide all remedies available in those
 98 25 proceedings.
 98 26    2.  Determine the duty of support and the amount payable in
 98 27 accordance with the law and support guidelines of this state.
 98 28    Sec. 137.  NEW SECTION.  252K.304  DUTIES OF INITIATING
 98 29 TRIBUNAL.
 98 30    1.  Upon the filing of a petition or comparable pleading
 98 31 authorized by this chapter, an initiating tribunal of this
 98 32 state shall forward three copies of the petition or comparable
 98 33 pleading and its accompanying documents:
 98 34    a.  To the responding tribunal or appropriate support
 98 35 enforcement agency in the responding state.
 99  1    b.  If the identity of the responding tribunal is unknown,
 99  2 to the state information agency of the responding state with a
 99  3 request that they be forwarded to the appropriate tribunal and
 99  4 that receipt be acknowledged.
 99  5    2.  If a responding state has not enacted this law or a law
 99  6 or procedure substantially similar to this chapter, a tribunal
 99  7 of this state may issue a certificate or other document and
 99  8 make findings required by the law of the responding state.  If
 99  9 the responding state is a foreign jurisdiction, the tribunal
 99 10 may specify the amount of support sought and provide other
 99 11 documents necessary to satisfy the requirements of the
 99 12 responding state.
 99 13    Sec. 138.  NEW SECTION.  252K.305  DUTIES AND POWERS OF
 99 14 RESPONDING TRIBUNAL.
 99 15    1.  When a responding tribunal of this state receives a
 99 16 petition or comparable pleading from an initiating tribunal or
 99 17 directly pursuant to section 252K.301, subsection 3, it shall
 99 18 cause the petition or pleading to be filed and notify the
 99 19 movant where and when it was filed.
 99 20    2.  A responding tribunal of this state, to the extent
 99 21 otherwise authorized by law, may do one or more of the
 99 22 following:
 99 23    a.  Issue or enforce a support order, modify a child-
 99 24 support order, or render a judgment to determine parentage.
 99 25    b.  Order an obligor to comply with a support order,
 99 26 specifying the amount and the manner of compliance.
 99 27    c.  Order income withholding.
 99 28    d.  Determine the amount of any arrearages, and specify a
 99 29 method of payment.
 99 30    e.  Enforce orders by civil or criminal contempt, or both.
 99 31    f.  Set aside property for satisfaction of the support
 99 32 order.
 99 33    g.  Place liens and order execution on the obligor's
 99 34 property.
 99 35    h.  Order an obligor to keep the tribunal informed of the
100  1 obligor's current residential address, telephone number,
100  2 employer, address of employment, and telephone number at the
100  3 place of employment.
100  4    i.  Issue a bench warrant for an obligor who has failed
100  5 after proper notice to appear at a hearing ordered by the
100  6 tribunal and enter the bench warrant in any local and state
100  7 computer systems for criminal warrants.
100  8    j.  Order the obligor to seek appropriate employment by
100  9 specified methods.
100 10    k.  Award reasonable attorney's fees and other fees and
100 11 costs.
100 12    l.  Grant any other available remedy.
100 13    3.  A responding tribunal of this state shall include in a
100 14 support order issued under this chapter, or in the documents
100 15 accompanying the order, the calculations on which the support
100 16 order is based.
100 17    4.  A responding tribunal of this state may not condition
100 18 the payment of a support order issued under this chapter upon
100 19 compliance by a party with provisions for visitation.
100 20    5.  If a responding tribunal of this state issues an order
100 21 under this chapter, the tribunal shall send a copy of the
100 22 order to the movant and the respondent and to the initiating
100 23 tribunal, if any.
100 24    Sec. 139.  NEW SECTION.  252K.306  INAPPROPRIATE TRIBUNAL.
100 25    If a petition or comparable pleading is received by an
100 26 inappropriate tribunal of this state, it shall forward the
100 27 pleading and accompanying documents to an appropriate tribunal
100 28 in this state or another state and notify the movant where and
100 29 when the pleading was sent.
100 30    Sec. 140.  NEW SECTION.  252K.307  DUTIES OF SUPPORT
100 31 ENFORCEMENT AGENCY.
100 32    1.  A support enforcement agency of this state, upon
100 33 request, shall provide services to a movant in a proceeding
100 34 under this chapter.
100 35    2.  A support enforcement agency that is providing services
101  1 to the movant as appropriate shall:
101  2    a.  Take all steps necessary to enable an appropriate
101  3 tribunal in this state or another state to obtain jurisdiction
101  4 over the respondent.
101  5    b.  Request an appropriate tribunal to set a date, time,
101  6 and place for a hearing.
101  7    c.  Make a reasonable effort to obtain all relevant
101  8 information, including information as to income and property
101  9 of the parties.
101 10    d.  Within five days, exclusive of Saturdays, Sundays, and
101 11 legal holidays, after receipt of a written notice from an
101 12 initiating, responding, or registering tribunal, send a copy
101 13 of the notice to the movant.
101 14    e.  Within five days, exclusive of Saturdays, Sundays, and
101 15 legal holidays, after receipt of a written communication from
101 16 the respondent or the respondent's attorney, send a copy of
101 17 the communication to the movant.
101 18    f.  Notify the movant if jurisdiction over the respondent
101 19 cannot be obtained.
101 20    3.  This chapter does not create or negate a relationship
101 21 of attorney and client or other fiduciary relationship between
101 22 a support enforcement agency or the attorney for the agency
101 23 and the individual being assisted by the agency.
101 24    Sec. 141.  NEW SECTION.  252K.308  DUTY OF ATTORNEY
101 25 GENERAL.
101 26    If the attorney general determines that the support
101 27 enforcement agency is neglecting or refusing to provide
101 28 services to an individual, the attorney general may order the
101 29 agency to perform its duties under this chapter or may provide
101 30 those services directly to the individual.
101 31    Sec. 142.  NEW SECTION.  252K.309  PRIVATE COUNSEL.
101 32    An individual may employ private counsel to represent the
101 33 individual in proceedings authorized by this chapter.
101 34    Sec. 143.  NEW SECTION.  252K.310  DUTIES OF STATE
101 35 INFORMATION AGENCY.
102  1    1.  The child support recovery unit is the state
102  2 information agency under this chapter.
102  3    2.  The state information agency shall:
102  4    a.  Compile and maintain a current list, including
102  5 addresses, of the tribunals in this state which have
102  6 jurisdiction under this chapter and any support enforcement
102  7 agencies in this state and transmit a copy to the state
102  8 information agency of every other state.
102  9    b.  Maintain a register of tribunals and support
102 10 enforcement agencies received from other states.
102 11    c.  Forward to the appropriate tribunal in the place in
102 12 this state in which the individual obligee or the obligor
102 13 resides, or in which the obligor's property is believed to be
102 14 located, all documents concerning a proceeding under this
102 15 chapter received from an initiating tribunal or the state
102 16 information agency of the initiating state.
102 17    d.  Obtain information concerning the location of the
102 18 obligor and the obligor's property within this state not
102 19 exempt from execution, by such means as postal verification
102 20 and federal or state locator services, examination of
102 21 telephone directories, requests for the obligor's address from
102 22 employers, and examination of governmental records, including,
102 23 to the extent not prohibited by other law, those relating to
102 24 real property, vital statistics, law enforcement, taxation,
102 25 motor vehicles, driver's licenses, and social security.
102 26    Sec. 144.  NEW SECTION.  252K.311  PLEADINGS AND
102 27 ACCOMPANYING DOCUMENTS.
102 28    1.  A movant seeking to establish or modify a support order
102 29 or to determine parentage in a proceeding under this chapter
102 30 must verify the petition.  Unless otherwise ordered under
102 31 section 252K.312, the petition or accompanying documents must
102 32 provide, so far as known, the name, residential address, and
102 33 social security numbers of the obligor and the obligee, and
102 34 the name, sex, residential address, social security number,
102 35 and date of birth of each child for whom support is sought.
103  1 The petition must be accompanied by a certified copy of any
103  2 support order in effect.  The petition may include any other
103  3 information that may assist in locating or identifying the
103  4 respondent.
103  5    2.  The petition must specify the relief sought.  The
103  6 petition and accompanying documents shall conform
103  7 substantially with the requirements imposed by the forms
103  8 mandated by federal law for use in cases filed by a support
103  9 enforcement agency.
103 10    Sec. 145.  NEW SECTION.  252K.312  NONDISCLOSURE OF
103 11 INFORMATION IN EXCEPTIONAL CIRCUMSTANCES.
103 12    Upon a finding, which may be made ex parte, that the
103 13 health, safety, or liberty of a party or child would be
103 14 unreasonably put at risk by the disclosure of identifying
103 15 information, or if an existing order so provides, a tribunal
103 16 shall order that the address of the child or party or other
103 17 identifying information not be disclosed in a pleading or
103 18 other document filed in a proceeding under this chapter.
103 19    Sec. 146.  NEW SECTION.  252K.313  COSTS AND FEES.
103 20    1.  The movant shall not be required to pay a filing fee or
103 21 other costs.
103 22    2.  If an obligee prevails, a responding tribunal may
103 23 assess against an obligor filing fees, reasonable attorney's
103 24 fees, other costs, and necessary travel and other reasonable
103 25 expenses incurred by the obligee and the obligee's witnesses.
103 26 The tribunal may not assess fees, costs, or expenses against
103 27 the obligee or the support enforcement agency of either the
103 28 initiating or the responding state, except as provided by
103 29 other law.  Attorney's fees may be taxed as costs, and may be
103 30 ordered paid directly to the attorney, who may enforce the
103 31 order in the attorney's own name.  Payment of support owed to
103 32 the obligee has priority over fees, costs, and expenses.
103 33    3.  The tribunal shall order the payment of costs and
103 34 reasonable attorney's fees if the tribunal determines that a
103 35 hearing was requested primarily for delay.  In a proceeding
104  1 under Article 6, a hearing is presumed to have been requested
104  2 primarily for delay if a registered support order is confirmed
104  3 or enforced without change.
104  4    Sec. 147.  NEW SECTION.  252K.314  LIMITED IMMUNITY OF
104  5 MOVANT.
104  6    1.  Participation by a movant in a proceeding before a
104  7 responding tribunal, whether in person, by private attorney,
104  8 or through services provided by the support enforcement
104  9 agency, does not confer personal jurisdiction over the movant
104 10 in another proceeding.
104 11    2.  A movant is not amenable to service of civil process
104 12 while physically present in this state to participate in a
104 13 proceeding under this chapter.
104 14    3.  The immunity granted by this section does not extend to
104 15 civil litigation based on acts unrelated to a proceeding under
104 16 this chapter committed by a party while present in this state
104 17 to participate in the proceeding.
104 18    Sec. 148.  NEW SECTION.  252K.315  NONPARENTAGE AS DEFENSE.
104 19    A party whose parentage of a child has been previously
104 20 determined by or pursuant to law may not plead nonparentage as
104 21 a defense to a proceeding under this chapter.
104 22    Sec. 149.  NEW SECTION.  252K.316  SPECIAL RULES OF
104 23 EVIDENCE AND PROCEDURE.
104 24    1.  The physical presence of the movant in a responding
104 25 tribunal of this state is not required for the establishment,
104 26 enforcement, or modification of a support order or the
104 27 rendition of a judgment determining parentage.
104 28    2.  A verified petition, affidavit, document substantially
104 29 complying with federally mandated forms, and a document
104 30 incorporated by reference in any of them, not excluded under
104 31 the hearsay rule if given in person, is admissible in evidence
104 32 if given under oath by a party or witness residing in another
104 33 state.
104 34    3.  A copy of the record of child-support payments
104 35 certified as a true copy of the original by the custodian of
105  1 the record may be forwarded to a responding tribunal.  The
105  2 copy is evidence of facts asserted in it, and is admissible to
105  3 show whether payments were made.
105  4    4.  Copies of bills for testing for parentage, and for
105  5 prenatal and postnatal health care of the mother and child,
105  6 furnished to the adverse party at least ten days before trial,
105  7 are admissible in evidence to prove the amount of the charges
105  8 billed and that the charges were reasonable, necessary, and
105  9 customary.
105 10    5.  Documentary evidence transmitted from another state to
105 11 a tribunal of this state by telephone, telecopier, or other
105 12 means that do not provide an original writing may not be
105 13 excluded from evidence on an objection based on the means of
105 14 transmission.
105 15    6.  In a proceeding under this chapter, a tribunal of this
105 16 state may permit a party or witness residing in another state
105 17 to be deposed or to testify by telephone, audiovisual means,
105 18 or other electronic means at a designated tribunal or other
105 19 location in that state.  A tribunal of this state shall
105 20 cooperate with tribunals of other states in designating an
105 21 appropriate location for the deposition or testimony.
105 22    7.  If a party called to testify at a civil hearing refuses
105 23 to answer on the ground that the testimony may be self-
105 24 incriminating, the trier of fact may draw an adverse inference
105 25 from the refusal.
105 26    8.  A privilege against disclosure of communications
105 27 between spouses does not apply in a proceeding under this
105 28 chapter.
105 29    9.  The defense of immunity based on the relationship of
105 30 husband and wife or parent and child does not apply in a
105 31 proceeding under this chapter.
105 32    Sec. 150.  NEW SECTION.  252K.317  COMMUNICATIONS BETWEEN
105 33 TRIBUNALS.
105 34    A tribunal of this state may communicate with a tribunal of
105 35 another state in writing, or by telephone or other means, to
106  1 obtain information concerning the laws of that state, the
106  2 legal effect of a judgment, decree, or order of that tribunal,
106  3 and the status of a proceeding in the other state.  A tribunal
106  4 of this state may furnish similar information by similar means
106  5 to a tribunal of another state.
106  6    Sec. 151.  NEW SECTION.  252K.318  ASSISTANCE WITH
106  7 DISCOVERY.
106  8    A tribunal of this state may:
106  9    1.  Request a tribunal of another state to assist in
106 10 obtaining discovery.
106 11    2.  Upon request, compel a person over whom it has
106 12 jurisdiction to respond to a discovery order issued by a
106 13 tribunal of another state.
106 14    Sec. 152.  NEW SECTION.  252K.319  RECEIPT AND DISBURSEMENT
106 15 OF PAYMENTS.
106 16    A support enforcement agency or tribunal of this state
106 17 shall disburse promptly any amounts received pursuant to a
106 18 support order, as directed by the order.  The agency or
106 19 tribunal shall furnish to a requesting party or a tribunal of
106 20 another state a certified statement by the custodian of the
106 21 record of the amounts and dates of all payments received.  
106 22                            ARTICLE 4
106 23                 ESTABLISHMENT OF SUPPORT ORDER
106 24    Sec. 153.  NEW SECTION.  252K.401  PETITION TO ESTABLISH
106 25 SUPPORT ORDER.
106 26    1.  If a support order entitled to recognition under this
106 27 chapter has not been issued, a responding tribunal of this
106 28 state may issue a support order if any of the following
106 29 applies:
106 30    a.  The individual seeking the order resides in another
106 31 state.
106 32    b.  The support enforcement agency seeking the order is
106 33 located in another state.
106 34    2.  The tribunal may issue a temporary child-support order
106 35 if any of the following applies:
107  1    a.  The respondent has signed a verified statement
107  2 acknowledging parentage.
107  3    b.  The respondent has been determined by or pursuant to
107  4 law to be the parent.
107  5    c.  There is other clear and convincing evidence that the
107  6 respondent is the child's parent.
107  7    3.  Upon finding, after notice and opportunity to be heard,
107  8 that an obligor owes a duty of support, the tribunal shall
107  9 issue a support order directed to the obligor and may issue
107 10 other orders pursuant to section 252K.305.  
107 11                            ARTICLE 5
107 12   ENFORCEMENT OF ORDER OF ANOTHER STATE WITHOUT REGISTRATION
107 13    Sec. 154.  NEW SECTION.  252K.501  EMPLOYER'S RECEIPT OF
107 14 INCOME-WITHHOLDING ORDER OF ANOTHER STATE.
107 15    An income-withholding order issued in another state may be
107 16 sent to the person or entity defined as the obligor's employer
107 17 under the income-withholding law of this state without first
107 18 filing a petition or comparable pleading or registering the
107 19 order with a tribunal of this state.
107 20    Sec. 155.  NEW SECTION.  252K.502  EMPLOYER'S COMPLIANCE
107 21 WITH INCOME-WITHHOLDING ORDER OF ANOTHER STATE.
107 22    1.  Upon receipt of an income-withholding order, the
107 23 obligor's employer shall immediately provide a copy of the
107 24 order to the obligor.
107 25    2.  The employer shall treat an income-withholding order
107 26 issued in another state which appears regular on its face as
107 27 if it had been issued by a tribunal of this state.
107 28    3.  Except as otherwise provided in subsection 4 and
107 29 section 252K.503 the employer shall withhold and distribute
107 30 the funds as directed in the withholding order by complying
107 31 with terms of the order which specify:
107 32    a.  The duration and amount of periodic payments of current
107 33 child support, stated as a sum certain.
107 34    b.  The person or agency designated to receive payments and
107 35 the address to which the payments are to be forwarded.
108  1    c.  Medical support, whether in the form of periodic cash
108  2 payment, stated as a sum certain, or ordering the obligor to
108  3 provide health insurance coverage for the child under a policy
108  4 available through the obligor's employment.
108  5    d.  The amount of periodic payments of fees and costs for a
108  6 support enforcement agency, the issuing tribunal, and the
108  7 obligee's attorney, stated as sums certain.
108  8    e.  The amount of periodic payments of arrearages and
108  9 interest on arrearages, stated as sums certain.
108 10    4.  An employer shall comply with the law of the state of
108 11 the obligor's principal place of employment for withholding
108 12 from income with respect to:
108 13    a.  The employer's fee for processing an income-withholding
108 14 order.
108 15    b.  The maximum amount permitted to be withheld from the
108 16 obligor's income.
108 17    c.  The times within which the employer must implement the
108 18 withholding order and forward the child support payment.
108 19    Sec. 156.  NEW SECTION.  252K.503  COMPLIANCE WITH MULTIPLE
108 20 INCOME-WITHHOLDING ORDERS.
108 21    If an obligor's employer receives multiple income-
108 22 withholding orders with respect to the earnings of the same
108 23 obligor, the employer satisfies the terms of the multiple
108 24 orders if the employer complies with the law of the state of
108 25 the obligor's principal place of employment to establish the
108 26 priorities for withholding and allocating income withheld for
108 27 multiple child support obligees.
108 28    Sec. 157.  NEW SECTION.  252K.504  IMMUNITY FROM CIVIL
108 29 LIABILITY.
108 30    An employer who complies with an income-withholding order
108 31 issued in another state in accordance with this article is not
108 32 subject to civil liability to an individual or agency with
108 33 regard to the employer's withholding of child support from the
108 34 obligor's income.
108 35    Sec. 158.  NEW SECTION.  252K.505  PENALTIES FOR
109  1 NONCOMPLIANCE.
109  2    An employer who willfully fails to comply with an income-
109  3 withholding order issued by another state and received for
109  4 enforcement is subject to the same penalties that may be
109  5 imposed for noncompliance with an order issued by a tribunal
109  6 of this state.
109  7    Sec. 159.  NEW SECTION.  252K.506  CONTEST BY OBLIGOR.
109  8    1.  An obligor may contest the validity or enforcement of
109  9 an income-withholding order issued in another state and
109 10 received directly by an employer in this state in the same
109 11 manner as if the order had been issued by a tribunal of this
109 12 state.  Section 252K.604 applies to the contest.
109 13    2.  The obligor shall give notice of the contest to:
109 14    a.  A support enforcement agency providing services to the
109 15 obligee.
109 16    b.  Each employer that has directly received an income-
109 17 withholding order.
109 18    c.  The person or agency designated to receive payments in
109 19 the income-withholding order, or if no person or agency is
109 20 designated, to the obligee.
109 21    Sec. 160.  NEW SECTION.  252K.507  ADMINISTRATIVE
109 22 ENFORCEMENT OF ORDERS.
109 23    1.  A party seeking to enforce a support order or an
109 24 income-withholding order, or both, issued by a tribunal of
109 25 another state may send the documents required for registering
109 26 the order to a support enforcement agency of this state.
109 27    2.  Upon receipt of the documents, the support enforcement
109 28 agency, without initially seeking to register the order, shall
109 29 consider and, if appropriate, use any administrative procedure
109 30 authorized by the law of this state to enforce a support order
109 31 or an income-withholding order, or both.  If the obligor does
109 32 not contest administrative enforcement, the order need not be
109 33 registered.  If the obligor contests the validity or
109 34 administrative enforcement of the order, the support
109 35 enforcement agency shall register the order pursuant to this
110  1 chapter.  
110  2                            ARTICLE 6
110  3          ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER
110  4                       AFTER REGISTRATION
110  5                             PART 1
110  6          REGISTRATION AND ENFORCEMENT OF SUPPORT ORDER
110  7    Sec. 161.  NEW SECTION.  252K.601  REGISTRATION OF ORDER
110  8 FOR ENFORCEMENT.
110  9    A support order or an income-withholding order issued by a
110 10 tribunal of another state may be registered in this state for
110 11 enforcement.
110 12    Sec. 162.  NEW SECTION.  252K.602  PROCEDURE TO REGISTER
110 13 ORDER FOR ENFORCEMENT.
110 14    1.  A support order or income-withholding order of another
110 15 state may be registered in this state by sending the following
110 16 documents and information to the appropriate tribunal in this
110 17 state:
110 18    a.  A letter of transmittal to the tribunal requesting
110 19 registration and enforcement.
110 20    b.  Two copies, including one certified copy, of all orders
110 21 to be registered, including any modification of an order.
110 22    c.  A sworn statement by the party seeking registration or
110 23 a certified statement by the custodian of the records showing
110 24 the amount of any arrearage.
110 25    d.  The name of the obligor and, if known:
110 26    (1)  The obligor's address and social security number.
110 27    (2)  The name and address of the obligor's employer and any
110 28 other source of income of the obligor.
110 29    (3)  A description and the location of property of the
110 30 obligor in this state not exempt from execution.
110 31    e.  The name and address of the obligee and, if applicable,
110 32 the agency or person to whom support payments are to be
110 33 remitted.
110 34    2.  On receipt of a request for registration, the
110 35 registering tribunal shall cause the order to be filed as a
111  1 foreign judgment, together with one copy of the documents and
111  2 information, regardless of their form.
111  3    3.  A petition or comparable pleading seeking a remedy that
111  4 must be affirmatively sought under other law of this state may
111  5 be filed at the same time as the request for registration or
111  6 later.  The pleading must specify the grounds for the remedy
111  7 sought.
111  8    Sec. 163.  NEW SECTION.  252K.603  EFFECT OF REGISTRATION
111  9 FOR ENFORCEMENT.
111 10    1.  A support order or income-withholding order issued in
111 11 another state is registered when the order is filed in the
111 12 registering tribunal of this state.
111 13    2.  A registered order issued in another state is
111 14 enforceable in the same manner and is subject to the same
111 15 procedures as an order issued by a tribunal of this state.
111 16    3.  Except as otherwise provided in this article, a
111 17 tribunal of this state shall recognize and enforce, but may
111 18 not modify, a registered order if the issuing tribunal had
111 19 jurisdiction.
111 20    Sec. 164.  NEW SECTION.  252K.604  CHOICE OF LAW.
111 21    1.  The law of the issuing state governs the nature,
111 22 extent, amount, and duration of current payments and other
111 23 obligations of support and the payment of arrearages under the
111 24 order.
111 25    2.  In a proceeding for arrearages, the statute of
111 26 limitation under the laws of this state or of the issuing
111 27 state, whichever is longer, applies.  
111 28                             PART 2
111 29               CONTEST OF VALIDITY OR ENFORCEMENT
111 30    Sec. 165.  NEW SECTION.  252K.605  NOTICE OF REGISTRATION
111 31 OF ORDER.
111 32    1.  When a support order or income-withholding order issued
111 33 in another state is registered, the registering tribunal shall
111 34 notify the nonregistering party.  The notice must be
111 35 accompanied by a copy of the registered order and the
112  1 documents and relevant information accompanying the order.
112  2    2.  The notice must inform the nonregistering party:
112  3    a.  That a registered order is enforceable as of the date
112  4 of registration in the same manner as an order issued by a
112  5 tribunal of this state.
112  6    b.  That a hearing to contest the validity or enforcement
112  7 of the registered order must be requested within twenty days
112  8 after the date of mailing or personal service of the notice.
112  9    c.  That failure to contest the validity or enforcement of
112 10 the registered order in a timely manner will result in
112 11 confirmation of the order and enforcement of the order and the
112 12 alleged arrearages and precludes further contest of that order
112 13 with respect to any matter that could have been asserted.
112 14    d.  Of the amount of any alleged arrearages.
112 15    3.  Upon registration of an income-withholding order for
112 16 enforcement, the registering tribunal shall notify the
112 17 obligor's employer pursuant to the income-withholding law of
112 18 this state.
112 19    Sec. 166.  NEW SECTION.  252K.606  PROCEDURE TO CONTEST
112 20 VALIDITY OR ENFORCEMENT OF REGISTERED ORDER.
112 21    1.  A nonregistering party seeking to contest the validity
112 22 or enforcement of a registered order in this state shall
112 23 request a hearing within twenty days after the date of mailing
112 24 or personal service of notice of the registration.  The
112 25 nonregistering party may seek to vacate the registration, to
112 26 assert any defense to an allegation of noncompliance with the
112 27 registered order, or to contest the remedies being sought or
112 28 the amount of any alleged arrearages pursuant to section
112 29 252K.607.
112 30    2.  If the nonregistering party fails to contest the
112 31 validity or enforcement of the registered order in a timely
112 32 manner, the order is confirmed by operation of law.
112 33    3.  If a nonregistering party requests a hearing to contest
112 34 the validity or enforcement of the registered order, the
112 35 registering tribunal shall schedule the matter for hearing and
113  1 give notice to the parties of the date, time, and place of the
113  2 hearing.
113  3    Sec. 167.  NEW SECTION.  252K.607  CONTEST OF REGISTRATION
113  4 OR ENFORCEMENT.
113  5    1.  A party contesting the validity or enforcement of a
113  6 registered order or seeking to vacate the registration has the
113  7 burden of proving one or more of the following defenses:
113  8    a.  The issuing tribunal lacked personal jurisdiction over
113  9 the contesting party.
113 10    b.  The order was obtained by fraud.
113 11    c.  The order has been vacated, suspended, or modified by a
113 12 later order.
113 13    d.  The issuing tribunal has stayed the order pending
113 14 appeal.
113 15    e.  There is a defense under the law of this state to the
113 16 remedy sought.
113 17    f.  Full or partial payment has been made.
113 18    g.  The statute of limitation under section 252K.604
113 19 precludes enforcement of some or all of the arrearages.
113 20    2.  If a party presents evidence establishing a full or
113 21 partial defense under subsection 1, a tribunal may stay
113 22 enforcement of the registered order, continue the proceeding
113 23 to permit production of additional relevant evidence, and
113 24 issue other appropriate orders.  An uncontested portion of the
113 25 registered order may be enforced by all remedies available
113 26 under the law of this state.
113 27    3.  If the contesting party does not establish a defense
113 28 under subsection 1 to the validity or enforcement of the
113 29 order, the registering tribunal shall issue an order
113 30 confirming the order.
113 31    Sec. 168.  NEW SECTION.  252K.608  CONFIRMED ORDER.
113 32    Confirmation of a registered order, whether by operation of
113 33 law or after notice and hearing, precludes further contest of
113 34 the order with respect to any matter that could have been
113 35 asserted at the time of registration.  
114  1                             PART 3
114  2      REGISTRATION AND MODIFICATION OF CHILD-SUPPORT ORDER
114  3    Sec. 169.  NEW SECTION.  252K.609  PROCEDURE TO REGISTER
114  4 CHILD-SUPPORT ORDER OF ANOTHER STATE FOR MODIFICATION.
114  5    A party or support enforcement agency seeking to modify, or
114  6 to modify and enforce, a child-support order issued in another
114  7 state shall register that order in this state in the same
114  8 manner provided in Part 1 if the order has not been
114  9 registered.  A petition for modification may be filed at the
114 10 same time as a request for registration, or later.  The
114 11 pleading must specify the grounds for modification.
114 12    Sec. 170.  NEW SECTION.  252K.610  EFFECT OF REGISTRATION
114 13 FOR MODIFICATION.
114 14    A tribunal of this state may enforce a child-support order
114 15 of another state registered for purposes of modification, in
114 16 the same manner as if the order had been issued by a tribunal
114 17 of this state, but the registered order may be modified only
114 18 if the requirements of section 252K.611 have been met.
114 19    Sec. 171.  NEW SECTION.  252K.611  MODIFICATION OF CHILD-
114 20 SUPPORT ORDER OF ANOTHER STATE.
114 21    1.  After a child-support order issued in another state has
114 22 been registered in this state, the responding tribunal of this
114 23 state may modify that order only if section 252K.613 does not
114 24 apply and after notice and hearing it finds that paragraph "a"
114 25 or "b" applies:
114 26    a.  The following requirements are met:
114 27    (1)  The child, the individual obligee, and the obligor do
114 28 not reside in the issuing state.
114 29    (2)  A movant who is a nonresident of this state seeks
114 30 modification.
114 31    (3)  The respondent is subject to the personal jurisdiction
114 32 of the tribunal of this state.
114 33    b.  The child, or a party who is an individual, is subject
114 34 to the personal jurisdiction of the tribunal of this state and
114 35 all of the parties who are individuals have filed written
115  1 consents in the issuing tribunal for a tribunal of this state
115  2 to modify the support order and assume continuing, exclusive
115  3 jurisdiction over the order.  However, if the issuing state is
115  4 a foreign jurisdiction that has not enacted a law or
115  5 established procedures substantially similar to the procedures
115  6 under this chapter, the consent otherwise required of an
115  7 individual residing in this state is not required for the
115  8 tribunal to assume jurisdiction to modify the child-support
115  9 order.
115 10    2.  Modification of a registered child-support order is
115 11 subject to the same requirements, procedures, and defenses
115 12 that apply to the modification of an order issued by a
115 13 tribunal of this state and the order may be enforced and
115 14 satisfied in the same manner.
115 15    3.  A tribunal of this state may not modify any aspect of a
115 16 child-support order that may not be modified under the law of
115 17 the issuing state.  If two or more tribunals have issued
115 18 child-support orders for the same obligor and child, the order
115 19 that controls and must be so recognized under section 252K.207
115 20 establishes the aspects of the support order which are
115 21 nonmodifiable.
115 22    4.  On issuance of an order modifying a child-support order
115 23 issued in another state, a tribunal of this state becomes the
115 24 tribunal having continuing, exclusive jurisdiction.
115 25    Sec. 172.  NEW SECTION.  252K.612  RECOGNITION OF ORDER
115 26 MODIFIED IN ANOTHER STATE.
115 27    A tribunal of this state shall recognize a modification of
115 28 its earlier child-support order by a tribunal of another state
115 29 which assumed jurisdiction pursuant to this chapter or a law
115 30 substantially similar to this chapter and, upon request,
115 31 except as otherwise provided in this chapter, shall:
115 32    1.  Enforce the order that was modified only as to amounts
115 33 accruing before the modification.
115 34    2.  Enforce only nonmodifiable aspects of that order.
115 35    3.  Provide other appropriate relief only for violations of
116  1 the order which occurred before the effective date of the
116  2 modification.
116  3    4.  Recognize the modifying order of the other state, upon
116  4 registration, for the purpose of enforcement.
116  5    Sec. 173.  NEW SECTION.  252K.613  JURISDICTION TO MODIFY
116  6 CHILD-SUPPORT ORDER OF ANOTHER STATE WHEN INDIVIDUAL PARTIES
116  7 RESIDE IN THIS STATE.
116  8    1.  If all of the parties who are individuals reside in
116  9 this state and the child does not reside in the issuing state,
116 10 a tribunal of this state has jurisdiction to enforce and to
116 11 modify the issuing state's child-support order in a proceeding
116 12 to register that order.
116 13    2.  A tribunal of this state exercising jurisdiction under
116 14 this section shall apply the provisions of Articles 1 and 2,
116 15 this article, and the procedural and substantive law of this
116 16 state to the proceeding for enforcement or modification.
116 17 Articles 3, 4, 5, 7, and 8 do not apply.
116 18    Sec. 174.  NEW SECTION.  252K.614  NOTICE TO ISSUING
116 19 TRIBUNAL OF MODIFICATION.
116 20    Within thirty days after issuance of a modified child-
116 21 support order, the party obtaining the modification shall file
116 22 a certified copy of the order with the issuing tribunal that
116 23 had continuing, exclusive jurisdiction over the earlier order,
116 24 and in each tribunal in which the party knows the earlier
116 25 order has been registered.  A party who obtains the order and
116 26 fails to file a certified copy is subject to appropriate
116 27 sanctions by a tribunal in which the issue of failure to file
116 28 arises.  The failure to file does not affect the validity or
116 29 enforceability of the modified order of the new tribunal
116 30 having continuing, exclusive jurisdiction.  
116 31                            ARTICLE 7
116 32                   DETERMINATION OF PARENTAGE
116 33    Sec. 175.  NEW SECTION.  252K.701  PROCEEDING TO DETERMINE
116 34 PARENTAGE.
116 35    1.  A tribunal of this state may serve as an initiating or
117  1 responding tribunal in a proceeding brought under this chapter
117  2 or a law or procedure substantially similar to this chapter,
117  3 the Uniform Reciprocal Enforcement of Support Act, or the
117  4 Revised Uniform Reciprocal Enforcement of Support Act to
117  5 determine that the petitioner is a parent of a particular
117  6 child or to determine that a respondent is a parent of that
117  7 child.
117  8    2.  In a proceeding to determine parentage, a responding
117  9 tribunal of this state shall apply the procedural and
117 10 substantive laws pursuant to chapters 252A and 252F, and the
117 11 rules of this state on choice of law.  
117 12                            ARTICLE 8
117 13                      INTERSTATE RENDITION
117 14    Sec. 176.  NEW SECTION.  252K.801  GROUNDS FOR RENDITION.
117 15    1.  For purposes of this article, "governor" includes an
117 16 individual performing the functions of governor or the
117 17 executive authority of a state covered by this chapter.
117 18    2.  The governor of this state may:
117 19    a.  Demand that the governor of another state surrender an
117 20 individual found in the other state who is charged criminally
117 21 in this state with having failed to provide for the support of
117 22 an obligee.
117 23    b.  On the demand by the governor of another state,
117 24 surrender an individual found in this state who is charged
117 25 criminally in the other state with having failed to provide
117 26 for the support of an obligee.
117 27    3.  A provision for extradition of individuals not
117 28 inconsistent with this chapter applies to the demand even if
117 29 the individual whose surrender is demanded was not in the
117 30 demanding state when the crime was allegedly committed and has
117 31 not fled therefrom.
117 32    Sec. 177.  NEW SECTION.  252K.802  CONDITIONS OF RENDITION.
117 33    1.  Before making demand that the governor of another state
117 34 surrender an individual charged criminally in this state with
117 35 having failed to provide for the support of an obligee, the
118  1 governor of this state may require a prosecutor of this state
118  2 to demonstrate that at least sixty days previously the obligee
118  3 had initiated proceedings for support pursuant to this chapter
118  4 or that the proceeding would be of no avail.
118  5    2.  If, under this chapter, or a law substantially similar
118  6 to this chapter, the Uniform Reciprocal Enforcement of Support
118  7 Act, or the Revised Uniform Reciprocal Enforcement of Support
118  8 Act, the governor of another state makes a demand that the
118  9 governor of this state surrender an individual charged
118 10 criminally in that state with having failed to provide for the
118 11 support of a child or other individual to whom a duty of
118 12 support is owed, the governor may require a prosecutor to
118 13 investigate the demand and report whether a proceeding for
118 14 support has been initiated or would be effective.  If it
118 15 appears that a proceeding would be effective but has not been
118 16 initiated, the governor may delay honoring the demand for a
118 17 reasonable time to permit the initiation of a proceeding.
118 18    3.  If a proceeding for support has been initiated and the
118 19 individual whose rendition is demanded prevails, the governor
118 20 may decline to honor the demand.  If the movant prevails and
118 21 the individual whose rendition is demanded is subject to a
118 22 support order, the governor may decline to honor the demand if
118 23 the individual is complying with the support order.  
118 24                            ARTICLE 9
118 25                    MISCELLANEOUS PROVISIONS
118 26    Sec. 178.  NEW SECTION.  252K.901  UNIFORMITY OF
118 27 APPLICATION AND CONSTRUCTION.
118 28    This chapter shall be applied and construed to effectuate
118 29 its general purpose to make uniform the law with respect to
118 30 the subject of this chapter among states enacting it.
118 31    Sec. 179.  NEW SECTION.  252K.902  SHORT TITLE.
118 32    This chapter may be cited as the Uniform Interstate Family
118 33 Support Act.
118 34    Sec. 180.  NEW SECTION.  252K.903  SEVERABILITY CLAUSE.
118 35    If any provision of this chapter or its application to any
119  1 person or circumstance is held invalid, the invalidity does
119  2 not affect other provisions or application of this chapter
119  3 which can be given effect without the invalid provision or
119  4 application, and to this end the provisions of this chapter
119  5 are severable.
119  6    Sec. 181.  NEW SECTION.  252K.904  EFFECTIVE DATE –
119  7 PENDING MATTERS.
119  8    1.  This chapter takes effect January 1, 1998.
119  9    2.  A tribunal of this state shall apply this chapter
119 10 beginning January 1, 1998, with the following conditions:
119 11    a.  Matters pending on January 1, 1998, shall be governed
119 12 by this chapter.
119 13    b.  Pleadings and accompanying documents on pending matters
119 14 are sufficient if the documents substantially comply with the
119 15 requirements of chapter 252A in effect on December 31, 1997.  
119 16                          DIVISION XII
119 17    Sec. 182.  Section 598.1, subsections 3 and 5, Code 1997,
119 18 are amended to read as follows:
119 19    3.  "Joint custody" or "joint legal custody" means an award
119 20 of legal custody of a minor child to both parents jointly
119 21 under which both parents have legal custodial rights and
119 22 responsibilities toward the child and under which neither
119 23 parent has legal custodial rights superior to those of the
119 24 other parent.  The court may award physical care to one parent
119 25 only.  Rights and responsibilities of joint legal custody
119 26 include, but are not limited to, equal participation in
119 27 decisions affecting the child's legal status, medical care,
119 28 education, extracurricular activities, and religious
119 29 instruction.
119 30    5.  "Physical care" means the right and responsibility to
119 31 maintain the principal a home of for the minor child and
119 32 provide for the routine care of the child.
119 33    Sec. 183.  Section 598.1, Code 1997, is amended by adding
119 34 the following new subsections:
119 35    NEW SUBSECTION.  3A.  "Joint physical care" means an award
120  1 of physical care of a minor child to both joint legal
120  2 custodial parents under which both parents have rights and
120  3 responsibilities toward the child including, but not limited
120  4 to, shared parenting time with the child, maintaining homes
120  5 for the child, providing routine care for the child and under
120  6 which neither parent has physical care rights superior to
120  7 those of the other parent.
120  8    NEW SUBSECTION.  3B.  "Legal custody" or "custody" means an
120  9 award of the rights of legal custody of a minor child to a
120 10 parent under which a parent has legal custodial rights and
120 11 responsibilities toward the child.  Rights and
120 12 responsibilities of legal custody include, but are not limited
120 13 to, decision making affecting the child's legal status,
120 14 medical care, education, extracurricular activities, and
120 15 religious instruction.  
120 16    Sec. 184.  Section 598.1, Code 1997, is amended by adding
120 17 the following new subsection:
120 18    NEW SUBSECTION.  5A.  "Postsecondary education subsidy"
120 19 means an amount which either of the parties may be required to
120 20 pay under a temporary order or final judgment or decree for
120 21 educational expenses of a child who is between the ages of
120 22 eighteen and twenty-two years if the child is regularly
120 23 attending a course of vocational-technical training either as
120 24 a part of a regular school program or under special
120 25 arrangements adapted to the individual person's needs; or is,
120 26 in good faith, a full-time student in a college, university,
120 27 or community college; or has been accepted for admission to a
120 28 college, university, or community college and the next regular
120 29 term has not yet begun.
120 30    Sec. 185.  Section 598.1, subsection 6, Code 1997, is
120 31 amended to read as follows:
120 32    6.  "Support" or "support payments" means an amount which
120 33 the court may require either of the parties to pay under a
120 34 temporary order or a final judgment or decree, and may include
120 35 alimony, child support, maintenance, and any other term used
121  1 to describe these obligations.  For orders entered on or after
121  2 July 1, 1990, unless the court specifically orders otherwise,
121  3 medical support is not included in the monetary amount of
121  4 child support.  The obligations may shall include support for
121  5 a child who is between the ages of eighteen and twenty two
121  6 nineteen years who is regularly attending an accredited school
121  7 in pursuance of a course of study leading to a high school
121  8 diploma or its equivalent, or regularly attending a course of
121  9 vocational-technical training either as a part of a regular
121 10 school program or under special arrangements adapted to the
121 11 individual person's needs; or is, in good faith, a full-time
121 12 student in a college, university, or community college; or has
121 13 been accepted for admission to a college, university, or
121 14 community college and the next regular term has not yet begun;
121 15 or engaged full-time in completing high school graduation or
121 16 equivalency requirements in a manner which is reasonably
121 17 expected to result in completion of the requirements prior to
121 18 the person reaching nineteen years of age; and may include
121 19 support for a child of any age who is dependent on the parties
121 20 to the dissolution proceedings because of physical or mental
121 21 disability.
121 22    Sec. 186.  Section 598.5, subsection 5, Code 1997, is
121 23 amended to read as follows:
121 24    5.  State whether or not a separate action for dissolution
121 25 of marriage or child support has been commenced by the
121 26 respondent and whether such action is pending in any court in
121 27 this state or elsewhere.  State whether the entry of an order
121 28 would violate 28 U.S.C. } 1738B.  If there is an existing
121 29 child support order, the party shall disclose identifying
121 30 information regarding the order.
121 31    Sec. 187.  NEW SECTION.  598.14A  RETROACTIVE MODIFICATION
121 32 OF TEMPORARY SUPPORT ORDER.
121 33    An order for temporary support may be retroactively
121 34 modified only from three months after notice of hearing for
121 35 temporary support pursuant to section 598.11 or from three
122  1 months after notice of hearing for modification of a temporary
122  2 order for support pursuant to section 598.14.  The three-month
122  3 limitation applies to modification actions pending on or after
122  4 July 1, 1997.
122  5    Sec. 188.  Section 598.21, subsection 4, paragraph a, Code
122  6 1997, is amended to read as follows:
122  7    a.  Upon Unless prohibited pursuant to 28 U.S.C. } 1738B,
122  8 upon every judgment of annulment, dissolution, or separate
122  9 maintenance, the court may order either parent or both parents
122 10 to pay an amount reasonable and necessary for supporting a
122 11 child.  In establishing the amount of support, consideration
122 12 shall be given to the responsibility of both parents to
122 13 support and provide for the welfare of the minor child and of
122 14 a child's need, whenever practicable, for a close relationship
122 15 with both parents.  There shall be a rebuttable presumption
122 16 that the amount of child support which would result from the
122 17 application of the guidelines prescribed by the supreme court
122 18 is the correct amount of child support to be awarded.  A
122 19 variation from the guidelines shall not be considered by a
122 20 court without a record or written finding, based on stated
122 21 reasons, that the guidelines would be unjust or inappropriate
122 22 as determined under the criteria prescribed by the supreme
122 23 court.
122 24    The court shall order as child medical support a health
122 25 benefit plan as defined in chapter 252E if available to either
122 26 parent at a reasonable cost.  A health benefit plan is
122 27 considered reasonable in cost if it is employment-related or
122 28 other group health insurance, regardless of the service
122 29 delivery mechanism.  The premium cost of the health benefit
122 30 plan may be considered by the court as a reason for varying
122 31 from the child support guidelines.  If a health benefit plan
122 32 is not available at a reasonable cost, the court may order any
122 33 other provisions for medical support as defined in chapter
122 34 252E.
122 35    Sec. 189.  Section 598.21, subsection 4A, paragraph c, Code
123  1 1997, is amended to read as follows:
123  2    c.  Notwithstanding paragraph "a", in a pending dissolution
123  3 action under this chapter, a prior determination of paternity
123  4 by operation of law through the marriage of the established
123  5 father and mother of the child may be overcome under this
123  6 chapter if the following conditions are met:
123  7    (1)  The established father and mother of the child file a
123  8 written statement with the court that both parties agree that
123  9 the established father is not the biological father of the
123 10 child.
123 11    (2)  The court finds that it is in the best interest of the
123 12 child to overcome the established paternity.  In determining
123 13 the best interest of the child, the court shall consider the
123 14 criteria provided in section 600B.41A, subsection 3, paragraph
123 15 "g".
123 16    Sec. 190.  Section 598.21, Code 1997, is amended by adding
123 17 the following new subsections:
123 18    NEW SUBSECTION.  5A.  The court may order a postsecondary
123 19 education subsidy if good cause is shown.
123 20    a.  In determining whether good cause exists for ordering a
123 21 postsecondary education subsidy, the court shall consider the
123 22 age of the child, the ability of the child relative to
123 23 postsecondary education, the child's financial resources,
123 24 whether the child is self-sustaining, and the financial
123 25 condition of each parent.  If the court determines that good
123 26 cause is shown for ordering a postsecondary education subsidy,
123 27 the court shall determine the amount of subsidy as follows:
123 28    (1)  The court shall determine the cost of postsecondary
123 29 education based upon the cost of attending an in-state public
123 30 institution for a course of instruction leading to an
123 31 undergraduate degree and shall include the reasonable costs
123 32 for only necessary postsecondary education expenses.
123 33    (2)  The court shall then determine the amount, if any,
123 34 which the child may reasonably be expected to contribute,
123 35 considering the child's financial resources, including but not
124  1 limited to the availability of financial aid whether in the
124  2 form of scholarships, grants, or student loans, and the
124  3 ability of the child to earn income while attending school.
124  4    (3)  The child's expected contribution shall be deducted
124  5 from the cost of postsecondary education and the court shall
124  6 apportion responsibility for the remaining cost of
124  7 postsecondary education to each parent.  The amount paid by
124  8 each parent shall not exceed thirty-three and one-third
124  9 percent of the total cost of postsecondary education.
124 10    b.  A postsecondary education subsidy shall be payable to
124 11 the child, to the educational institution, or to both, but
124 12 shall not be payable to the custodial parent.
124 13    c.  A postsecondary education subsidy shall not be awarded
124 14 if the child has repudiated the parent by publicly disowning
124 15 the parent, refusing to acknowledge the parent, or by acting
124 16 in a similar manner.
124 17    d.  The child shall forward, to each parent, reports of
124 18 grades awarded at the completion of each academic session,
124 19 within ten days of receipt of the reports.  Unless otherwise
124 20 specified by the parties, a postsecondary education subsidy
124 21 awarded by the court shall be terminated upon the child's
124 22 completion of the first calendar year of course instruction if
124 23 the child fails to maintain a cumulative grade point average
124 24 in the median range or above during that first calendar year.
124 25    NEW SUBSECTION.  8A.  If a parent awarded joint legal
124 26 custody and physical care or sole legal custody is relocating
124 27 the residence of the minor child to a location which is one
124 28 hundred fifty miles or more from the residence of the minor
124 29 child at the time that custody was awarded, the court may
124 30 consider the relocation a substantial change in circumstances.
124 31 If the court determines that the relocation is a substantial
124 32 change in circumstances, the court shall modify the custody
124 33 order to, at a minimum, preserve, as nearly as possible, the
124 34 existing relationship between the minor child and the
124 35 nonrelocating parent.  If modified, the order may include a
125  1 provision for extended visitation during summer vacations and
125  2 school breaks and scheduled telephone contact between the
125  3 nonrelocating parent and the minor child.  The modification
125  4 may include a provision assigning the responsibility for
125  5 transportation of the minor child for visitation purposes to
125  6 either or both parents.  If the court makes a finding of past
125  7 interference by the parent awarded joint legal custody and
125  8 physical care or sole legal custody with the minor child's
125  9 access to the other parent, the court may order the posting of
125 10 a cash bond to assure future compliance with the visitation
125 11 provisions of the decree.  The supreme court shall prescribe
125 12 guidelines for the forfeiting of the bond and restoration of
125 13 the bond following forfeiting of the bond.
125 14    Sec. 191.  Section 598.21, subsection 8, unnumbered
125 15 paragraphs 2 and 3, Code 1997, are amended to read as follows:
125 16    A Unless otherwise provided pursuant to 28 U.S.C. } 1738B,
125 17 a modification of a support order entered under chapter 234,
125 18 252A, 252C, 600B, this chapter, or any other support chapter
125 19 or proceeding between parties to the order is void unless the
125 20 modification is approved by the court, after proper notice and
125 21 opportunity to be heard is given to all parties to the order,
125 22 and entered as an order of the court.  If support payments
125 23 have been assigned to the department of human services
125 24 pursuant to section 234.39, 239.3, or 252E.11, or if services
125 25 are being provided pursuant to chapter 252B, the department
125 26 shall be considered is a party to the support order.
125 27 Modifications of orders pertaining to child custody shall be
125 28 made pursuant to chapter 598A.  If the petition for a
125 29 modification of an order pertaining to child custody asks
125 30 either for joint custody or that joint custody be modified to
125 31 an award of sole custody, the modification, if any, shall be
125 32 made pursuant to section 598.41.
125 33    Judgments for child support or child support awards entered
125 34 pursuant to this chapter, chapter 234, 252A, 252C, 252F, 600B,
125 35 or any other chapter of the Code which are subject to a
126  1 modification proceeding may be retroactively modified only
126  2 from three months after the date the notice of the pending
126  3 petition for modification is served on the opposing party.
126  4 The three-month limitation applies to a modification action
126  5 pending on or after July 1, 1997.  The prohibition of
126  6 retroactive modification does not bar the child support
126  7 recovery unit from obtaining orders for accrued support for
126  8 previous time periods.  Any retroactive modification which
126  9 increases the amount of child support or any order for accrued
126 10 support under this paragraph shall include a periodic payment
126 11 plan.  A retroactive modification shall not be regarded as a
126 12 delinquency unless there are subsequent failures to make
126 13 payments in accordance with the periodic payment plan.
126 14    Sec. 192.  Section 598.21, subsection 9, unnumbered
126 15 paragraph 2, Code 1997, is amended to read as follows:
126 16    This basis for modification is applicable to petitions
126 17 filed on or after July 1, 1992, notwithstanding whether the
126 18 guidelines prescribed by subsection 4 were used in
126 19 establishing the current amount of support.  Upon application
126 20 for a modification of an order for child support for which
126 21 services are being received pursuant to chapter 252B, the
126 22 court shall set the amount of child support based upon the
126 23 most current child support guidelines established pursuant to
126 24 subsection 4, including provisions for medical support
126 25 pursuant to chapter 252E.  The child support recovery unit
126 26 shall, in submitting an application for modification, or
126 27 adjustment, or alteration of an order for support, employ
126 28 additional criteria and procedures as provided in chapter 252H
126 29 and as established by rule.
126 30    Sec. 193.  Section 598.21, subsection 10, Code 1997, is
126 31 amended to read as follows:
126 32    10.  Notwithstanding any other provision of law to the
126 33 contrary, when an application for modification or adjustment
126 34 of support is submitted by the child support recovery unit,
126 35 the sole issues which may be considered by the court in that
127  1 action are the application of the guidelines in establishing
127  2 the amount of support pursuant to subsection 4, and provision
127  3 for medical support under chapter 252E.  When an application
127  4 for a cost-of-living alteration of support is submitted by the
127  5 child support recovery unit pursuant to section 252H.24, the
127  6 sole issue which may be considered by the court in the action
127  7 is the application of the cost-of-living alteration in
127  8 establishing the amount of child support.  Issues related to
127  9 custody, visitation, or other provisions unrelated to support
127 10 shall be considered only under a separate application for
127 11 modification.
127 12    Sec. 194.  Section 598.22, Code 1997, is amended to read as
127 13 follows:
127 14    598.22  SUPPORT PAYMENTS – CLERK OF COURT – COLLECTION
127 15 SERVICES CENTER – DEFAULTS – SECURITY.
127 16    Except as otherwise provided in section 598.22A, this
127 17 section applies to all initial or modified orders for support
127 18 entered under this chapter, chapter 234, 252A, 252C, 252F,
127 19 600B, or any other chapter of the Code.  All orders or
127 20 judgments entered under chapter 234, 252A, 252C, 252F, or
127 21 600B, or under this chapter or any other chapter which provide
127 22 for temporary or permanent support payments shall direct the
127 23 payment of those sums to the clerk of the district court or
127 24 the collection services center in accordance with section
127 25 252B.14 for the use of the person for whom the payments have
127 26 been awarded.  Payments to persons other than the clerk of the
127 27 district court and the collection services center do not
127 28 satisfy the support obligations created by the orders or
127 29 judgments, except as provided for trusts governed by the
127 30 federal Retirement Equity Act of 1984, Pub. L. No. 98-397, for
127 31 tax refunds or rebates in section 602.8102, subsection 47, or
127 32 for dependent benefits paid to the child support obligee as
127 33 the result of disability benefits awarded to the child support
127 34 obligor under the federal Social Security Act.  For trusts
127 35 governed by the federal Retirement Equity Act of 1984, Pub. L.
128  1 No. 98-397, the assignment of order for income withholding or
128  2 notice of the order for income withholding shall require the
128  3 payment of such sums to the alternate payee in accordance with
128  4 the federal Act.
128  5    Upon a finding of previous failure to pay child support,
128  6 the court may order the person obligated for permanent child
128  7 support to make an assignment of periodic earnings or trust
128  8 income to the clerk of court or the collection services center
128  9 established pursuant to section 252B.13A for the use of the
128 10 person for whom the assignment is ordered.  The assignment of
128 11 earnings ordered by the court shall not exceed the amounts set
128 12 forth in 15 U.S.C. } 1673(b)(1982).  The assignment is binding
128 13 on the employer, trustee, or other payor of the funds two
128 14 weeks after service upon that person of notice that the
128 15 assignment has been made.  The payor shall withhold from the
128 16 earnings or trust income payable to the person obligated the
128 17 amount specified in the assignment and shall transmit the
128 18 payments to the clerk or the collection services center, as
128 19 appropriate.  An income withholding order or notice of the
128 20 order for income withholding shall be entered under the terms
128 21 and conditions of chapter 252D.  However, for trusts governed
128 22 by the federal Retirement Equity Act of 1984, Pub. L. No. 98-
128 23 397, the payor shall transmit the payments to the alternate
128 24 payee in accordance with the federal Act.  The payor may
128 25 deduct from each payment a sum not exceeding two dollars as a
128 26 reimbursement for costs.  An employer who dismisses an
128 27 employee due to the entry of an assignment order commits a
128 28 simple misdemeanor.
128 29    An assignment of periodic income may also be entered under
128 30 the terms and conditions of chapter 252D.
128 31    An order or judgment entered by the court for temporary or
128 32 permanent support or for an assignment income withholding
128 33 shall be filed with the clerk.  The orders have the same force
128 34 and effect as judgments when entered in the judgment docket
128 35 and lien index and are records open to the public.  The clerk
129  1 or the collection services center, as appropriate, shall
129  2 disburse the payments received pursuant to the orders or
129  3 judgments within two working days of the receipt of the
129  4 payments.  All moneys received or disbursed under this section
129  5 shall be entered in records kept by the clerk, or the
129  6 collection services center, as appropriate, which shall be
129  7 available to the public.  The clerk or the collection services
129  8 center shall not enter any moneys paid in the record book if
129  9 not paid directly to the clerk or the center, as appropriate,
129 10 except as provided for trusts and federal social security
129 11 disability payments in this section, and for tax refunds or
129 12 rebates in section 602.8102, subsection 47.
129 13    If the sums ordered to be paid in a support payment order
129 14 are not paid to the clerk or the collection services center,
129 15 as appropriate, at the time provided in the order or judgment,
129 16 the clerk or the collection services center, as appropriate,
129 17 shall certify a default to the court which may, on its own
129 18 motion, proceed as provided in section 598.23.
129 19    Prompt payment of sums required to be paid under sections
129 20 598.11 and 598.21 is the essence of such orders or judgments
129 21 and the court may act pursuant to section 598.23 regardless of
129 22 whether the amounts in default are paid prior to the contempt
129 23 hearing.
129 24    Upon entry of an order for support or upon the failure of a
129 25 person to make payments pursuant to an order for support, the
129 26 court may require the person to provide security, a bond, or
129 27 other guarantee which the court determines is satisfactory to
129 28 secure the payment of the support.  Upon the person's failure
129 29 to pay the support under the order, the court may declare the
129 30 security, bond, or other guarantee forfeited.
129 31    For the purpose of enforcement, medical support is
129 32 additional support which, upon being reduced to a dollar
129 33 amount, may be collected through the same remedies available
129 34 for the collection and enforcement of child support.
129 35    The clerk of the district court in the county in which the
130  1 order for support is filed and to whom support payments are
130  2 made pursuant to the order may require the person obligated to
130  3 pay support to submit payments by bank draft or money order if
130  4 the obligor submits an insufficient funds support payment to
130  5 the clerk of the district court.
130  6    Sec. 195.  NEW SECTION.  598.22B  INFORMATION REQUIRED IN
130  7 ORDER OR JUDGMENT.
130  8    This section applies to all initial or modified orders for
130  9 paternity or support entered under this chapter, chapter 234,
130 10 252A, 252C, 252F, 252H, 252K, 600B, or under any other
130 11 chapter, and any subsequent order to enforce such support
130 12 orders.
130 13    1.  All such orders or judgments shall direct each party to
130 14 file with the clerk of court or the child support recovery
130 15 unit, as appropriate, upon entry of the order, and to update
130 16 as appropriate, information on location and identity of the
130 17 party, including social security number, residential and
130 18 mailing addresses, telephone number, driver's license number,
130 19 and name, address, and telephone number of the party's
130 20 employer.  The order shall also include a provision that the
130 21 information filed will be disclosed and used pursuant to this
130 22 section.  The party shall file the information with the clerk
130 23 of court, or, if support payments are to be directed to the
130 24 collection services center as provided in sections 252B.14 and
130 25 252B.16, with the child support recovery unit.
130 26    2.  All such orders or judgments shall include a statement
130 27 that in any subsequent child support action initiated by the
130 28 child support recovery unit or between the parties, upon
130 29 sufficient showing that diligent effort has been made to
130 30 ascertain the location of such a party, the unit or the court
130 31 may deem due process requirements for notice and service of
130 32 process to be met with respect to the party, upon delivery of
130 33 written notice to the most recent residential or employer
130 34 address filed with the clerk of court or unit pursuant to
130 35 subsection 1.
131  1    3.  a.  Information filed pursuant to subsection 1 shall
131  2 not be a public record.
131  3    b.  Information filed with the clerk of court pursuant to
131  4 subsection 1 shall be available to the child support recovery
131  5 unit, upon request.
131  6    c.  Information filed with the clerk of court shall be
131  7 available, upon request, to a party unless the party filing
131  8 the information also files an affidavit alleging the party has
131  9 reason to believe that release of the information may result
131 10 in physical or emotional harm to the affiant or child.
131 11    d.  If the child support recovery unit is providing
131 12 services pursuant to chapter 252B, information filed with the
131 13 unit shall only be disclosed as provided in section 252B.9.
131 14    Sec. 196.  Section 598.23, subsection 2, paragraph a, Code
131 15 1997, is amended by striking the paragraph and inserting in
131 16 lieu thereof the following:
131 17    a.  Withholds income under the terms and conditions of
131 18 chapter 252D.
131 19    Sec. 197.  Section 598.23, subsection 2, Code 1997, is
131 20 amended by adding the following new paragraphs:
131 21    NEW PARAGRAPH.  c.  Directs the parties to provide contact
131 22 with the child through a neutral party or neutral site or
131 23 center.
131 24    NEW PARAGRAPH.  d.  Imposes sanctions or specific
131 25 requirements or orders the parties to participate in mediation
131 26 to enforce the joint custody provisions of the decree.
131 27    Sec. 198.  Section 598.34, Code 1997, is amended to read as
131 28 follows:
131 29    598.34  RECIPIENTS OF PUBLIC ASSISTANCE – ASSIGNMENT OF
131 30 SUPPORT PAYMENTS.
131 31    A person entitled to periodic support payments pursuant to
131 32 an order or judgment entered in an action for dissolution of
131 33 marriage, who is also a recipient of public assistance, is
131 34 deemed to have assigned the person's rights to the support
131 35 payments, to the extent of public assistance received by the
132  1 person, to the department of human services.  If public
132  2 assistance is provided by the department of human services to
132  3 or on behalf of a dependent child or a dependent child's
132  4 caretaker, there is an assignment by operation of law to the
132  5 department of any and all rights in, title to, and interest in
132  6 any support obligation, payment, and arrearages owed to or for
132  7 the child or caretaker not to exceed the amount of public
132  8 assistance paid for or on behalf of the child or caretaker.
132  9 The department shall immediately notify the clerk of court by
132 10 mail when a person entitled to support payments such a child
132 11 or caretaker has been determined to be eligible for public
132 12 assistance.  Upon notification by the department that a person
132 13 entitled to periodic support payments pursuant to this chapter
132 14 is receiving public assistance, the clerk of court shall make
132 15 a notation of the automatic assignment in the judgment docket
132 16 and lien index.  The notation constitutes constructive notice
132 17 of the assignment.  For public assistance approved and
132 18 provided on or after July 1, 1997, if the applicant for public
132 19 assistance is a person other than a parent of the child, the
132 20 department shall send a notice by regular mail to the last
132 21 known addresses of the obligee and obligor.  The clerk of
132 22 court shall forward support payments received pursuant to
132 23 section 598.22, to which the department is entitled, to the
132 24 department, which may secure support payments in default
132 25 through other proceedings provided for in chapter 252A or
132 26 section 598.24.
132 27    The clerk shall furnish the department with copies of all
132 28 orders or decrees awarding and temporary or domestic abuse
132 29 orders addressing support to parties having custody of minor
132 30 children when the parties are receiving public assistance or
132 31 services are otherwise provided by the child support recovery
132 32 unit pursuant to chapter 252B.  Unless otherwise specified in
132 33 the order, an equal and proportionate share of any child
132 34 support awarded shall be presumed to be payable on behalf of
132 35 each child subject to the order or judgment for purposes of an
133  1 assignment under this section.
133  2    Sec. 199.  Section 598.41, subsections 5 and 6, Code 1997,
133  3 are amended to read as follows:
133  4    5.  Joint physical care may be in the best interest of the
133  5 child, but joint legal custody does not require joint physical
133  6 care.  When the court determines such action would be in the
133  7 best interest of the child and would preserve the relationship
133  8 between each parent and the child, joint physical care may be
133  9 given awarded to both joint custodial parents or physical care
133 10 may be awarded to one joint custodial parent and not to the
133 11 other.  If one joint custodial parent is awarded physical
133 12 care, the court shall hold that parent responsible for
133 13 providing for the best interest of physical care shall support
133 14 the other parent's relationship with the child.  However,
133 15 physical Physical care given awarded to one parent does not
133 16 affect the other parent's rights and responsibilities as a
133 17 joint legal custodian of the child.  Rights and
133 18 responsibilities as joint legal custodian of the child
133 19 include, but are not limited to, equal participation in
133 20 decisions affecting the child's legal status, medical care,
133 21 education, extracurricular activities, and religious
133 22 instruction.
133 23    6.  When the a parent awarded legal custody or physical
133 24 care of the a child cannot act as custodian or caretaker
133 25 because the parent has died or has been judicially adjudged
133 26 incompetent, the court shall award legal custody including
133 27 physical care of the child to the surviving parent unless the
133 28 court finds that such an award is not in the child's best
133 29 interest.
133 30    Sec. 200.  EFFECTIVE DATE.  Sections 182, 183, 189, and 199
133 31 of this Division XII, being deemed of immediate importance,
133 32 are effective upon enactment.  
133 33                          DIVISION XIII
133 34    Sec. 201.  NEW SECTION.  252B.22  STATEWIDE SUPPORT LIEN
133 35 INDEX.
134  1    1.  The child support recovery unit created in chapter 252B
134  2 shall establish a task force to assist in the development of a
134  3 plan for a statewide support lien index.  The unit, in
134  4 consultation with the task force, may recommend additional
134  5 statutory changes to the general assembly by January 1, 1999,
134  6 to facilitate implementation of a statewide index.
134  7    2.  The plan shall provide for an index pertaining to any
134  8 person against whom a support judgment is entered, registered,
134  9 or otherwise filed with a court in this state, against whom
134 10 the unit is enforcing a support judgment, or against whom an
134 11 interstate lien form promulgated by the United States
134 12 secretary of health and human services is filed.  The plan
134 13 shall also provide for implementation and administration of an
134 14 automated statewide support lien index, access to at least one
134 15 location in every county, and the development of procedures to
134 16 periodically update the lien information.
134 17    3.  Members of the task force may include, but shall not be
134 18 limited to, representatives, appointed by the respective
134 19 entity, of the Iowa land title association, the Iowa realtors'
134 20 association, the Iowa state bar association, the Iowa county
134 21 recorders' association, the Iowa clerks of court association,
134 22 the Iowa county treasurers' association, the Iowa automobile
134 23 dealers' association, department of revenue and finance, state
134 24 department of transportation, the office of the secretary of
134 25 state, the office of the state court administrator, and other
134 26 constituency groups and agencies which have an interest in a
134 27 statewide support lien index to the record liens.
134 28 Appointments are not subject to sections 69.16 and 69.16A.
134 29 Vacancies shall be filled by the original appointment
134 30 authority and in the manner of the original appointments.
134 31    Sec. 202.  Section 624.23, Code 1997, is amended by adding
134 32 the following new subsection:
134 33    NEW SUBSECTION.  4.  In addition to other provisions
134 34 relating to the attachment of liens, full faith and credit
134 35 shall be afforded to liens arising for overdue support due on
135  1 support judgments entered by a court or administrative agency
135  2 of another state on real estate in this state owned by the
135  3 obligor, for the period of ten years from the date of the
135  4 judgment.  Notwithstanding any other provisions of law,
135  5 including but not limited to, the formatting of forms or
135  6 requirement of signatures, the lien attaches on the date that
135  7 a notice of interstate lien promulgated by the United States
135  8 secretary of health and human services is filed with the clerk
135  9 of district court in the county where the real estate is
135 10 located.
135 11    The lien shall apply only prospectively as of the date of
135 12 attachment to all real estate the obligor may subsequently
135 13 acquire and does not retroactively apply to the chain of title
135 14 for any real estate that the obligor had disposed of prior to
135 15 the date of attachment.
135 16    Sec. 203.  NEW SECTION.  624.24A  LIENS OF SUPPORT
135 17 JUDGMENTS.
135 18    1.  In addition to other provisions relating to the
135 19 attachment of liens, support judgments in the appellate or
135 20 district courts of this state, are liens upon the personal
135 21 property titled in this state and owned by the obligor at the
135 22 time of such rendition or subsequently acquired by the
135 23 obligor.
135 24    2.  The lien shall attach from the date of the notation on
135 25 the title.
135 26    3.  In addition to other provisions relating to the
135 27 attachment of liens, full faith and credit shall be afforded
135 28 to a lien arising for overdue support due on support judgments
135 29 entered by a court or administrative agency of another state
135 30 on personal property titled in this state and owned by the
135 31 obligor.  In this state a lien attaches on the date that a
135 32 notice of interstate lien promulgated by the United States
135 33 secretary of health and human services is filed with the clerk
135 34 of district court in the county where the personal property is
135 35 titled and the lien is noted on the title.
136  1    The lien shall apply only prospectively as of the date of
136  2 attachment, shall attach to any titled personal property the
136  3 obligor may subsequently acquire, and does not retroactively
136  4 apply to the chain of title for any personal property that the
136  5 obligor had disposed of prior to the date of attachment.  
136  6                          DIVISION XIV
136  7                             PART A
136  8    Sec. 204.  Section 600B.9, Code 1997, is amended to read as
136  9 follows:
136 10    600B.9  TIME OF INSTITUTING PROCEEDINGS.
136 11    The proceedings may be instituted during the pregnancy of
136 12 the mother or after the birth of the child, but, except with
136 13 the consent of all parties, the trial shall not be held until
136 14 after the birth of the child and shall be held no earlier than
136 15 twenty days from the date the alleged father is served with
136 16 notice of the action or, if blood or genetic tests are
136 17 conducted, no earlier than fifty thirty days from the date the
136 18 test results are filed with the clerk of the district court as
136 19 provided under section 600B.41.
136 20    Sec. 205.  Section 600B.18, Code 1997, is amended to read
136 21 as follows:
136 22    600B.18  METHOD OF TRIAL.
136 23    The trial shall be by jury, if either party demands a jury,
136 24 otherwise by the court, and shall be conducted as in other
136 25 civil cases.
136 26    Sec. 206.  Section 600B.23, Code 1997, is amended to read
136 27 as follows:
136 28    600B.23  COSTS PAYABLE BY COUNTY.
136 29    If the verdict of the jury at the trial or the finding of
136 30 the court be in favor of the defendant the costs of the action
136 31 shall be paid by the county.
136 32    Sec. 207.  Section 600B.24, subsection 2, Code 1997, is
136 33 amended to read as follows:
136 34    2.  Upon a finding or verdict of paternity against the
136 35 defendant, the court shall enter a judgment against the
137  1 defendant declaring paternity and ordering support of the
137  2 child.
137  3    Sec. 208.  Section 600B.25, Code 1997, is amended to read
137  4 as follows:
137  5    600B.25  FORM OF JUDGMENT – CONTENTS OF SUPPORT ORDER –
137  6 EVIDENCE – COSTS.
137  7    1.  Upon a finding or verdict of paternity pursuant to
137  8 section 600B.24, the court shall establish the father's
137  9 monthly support payment and the amount of the support debt
137 10 accrued or accruing pursuant to section 598.21, subsection 4,
137 11 until the child reaches majority or until the child finishes
137 12 high school, if after majority.  The court may order the
137 13 father to pay amounts the court deems appropriate for the past
137 14 support and maintenance of the child and for the reasonable
137 15 and necessary expenses incurred by or for the mother in
137 16 connection with prenatal care, the birth of the child, and
137 17 postnatal care of the child and the mother, and other medical
137 18 support as defined in section 252E.1.  The court may award the
137 19 prevailing party the reasonable costs of suit, including but
137 20 not limited to reasonable attorney fees.
137 21    2.  A copy of a bill for the costs of prenatal care or the
137 22 birth of the child shall be admitted as evidence, without
137 23 requiring third-party foundation testimony, and shall
137 24 constitute prima facie evidence of amounts incurred.
137 25    Sec. 209.  Section 600B.38, Code 1997, is amended to read
137 26 as follows:
137 27    600B.38  RECIPIENTS OF PUBLIC ASSISTANCE – ASSIGNMENT OF
137 28 SUPPORT PAYMENTS.
137 29    A person entitled to periodic support payments pursuant to
137 30 an order or judgment entered in a paternity action under this
137 31 chapter, who is also a recipient of public assistance, is
137 32 deemed to have assigned the person's rights to the support
137 33 payments, to the extent of public assistance received by the
137 34 person, to the department of human services.  If public
137 35 assistance is provided by the department of human services to
138  1 or on behalf of a dependent child or a dependent child's
138  2 caretaker, there is an assignment by operation of law to the
138  3 department of any and all rights in, title to, and interest in
138  4 any support obligation, payment, and arrearages owed to or on
138  5 behalf of the child or caretaker, not to exceed the amount of
138  6 public assistance paid for or on behalf of the child or
138  7 caretaker.  The department shall immediately notify the clerk
138  8 of court by mail when a person entitled to support payments
138  9 such a child or caretaker has been determined to be eligible
138 10 for public assistance.  Upon notification by the department
138 11 that a person entitled to periodic support payments pursuant
138 12 to this chapter is receiving public assistance, the clerk of
138 13 court shall make a notation of the automatic assignment in the
138 14 judgment docket and lien index.  The notation constitutes
138 15 constructive notice of the assignment.  For public assistance
138 16 approved and provided on or after July 1, 1997, if the
138 17 applicant for public assistance is a person other than a
138 18 parent of the child, the department shall send notice by
138 19 regular mail to the last known addresses of the obligee and
138 20 obligor.  The clerk of court shall forward support payments
138 21 received pursuant to section 600B.25, to which the department
138 22 is entitled, to the department, which may secure support
138 23 payments in default through other proceedings prescribed in
138 24 chapter 252A or section 600B.37.  The clerk shall furnish the
138 25 department with copies of all orders or decrees awarding and
138 26 temporary or domestic abuse orders addressing support to
138 27 parties having custody of minor children when the parties are
138 28 receiving public assistance or services are otherwise provided
138 29 by the child support recovery unit.  Unless otherwise
138 30 specified in the order, an equal and proportionate share of
138 31 any child support awarded shall be presumed to be payable on
138 32 behalf of each child subject to the order or judgment for
138 33 purposes of an assignment under this section.
138 34    Sec. 210.  Section 600B.41, subsections 2 and 4, Code 1997,
138 35 are amended to read as follows:
139  1    2.  If a blood or genetic test is required, the court shall
139  2 direct that inherited characteristics be determined by
139  3 appropriate testing procedures, and shall appoint an expert
139  4 qualified as an examiner of genetic markers to analyze and
139  5 interpret the results and to report to the court.  Appropriate
139  6 testing procedures shall include any genetic test generally
139  7 acknowledged as reliable by accreditation bodies designated by
139  8 the secretary of the United States department of health and
139  9 human services and which are performed by a laboratory
139 10 approved by such an accreditation body.
139 11    4.  A verified expert's report shall be admitted at trial.
139 12 A copy of a bill for blood or genetic testing shall be
139 13 admitted as evidence, without requiring third-party foundation
139 14 testimony, and shall constitute prima facie evidence of
139 15 amounts incurred for blood or genetic testing.
139 16    Sec. 211.  Section 600B.41, subsection 5, paragraph a,
139 17 unnumbered paragraph 1, Code 1997, is amended to read as
139 18 follows:
139 19    Test results which show a statistical probability of
139 20 paternity are admissible.  To challenge the test results, a
139 21 party shall file a notice of the challenge, with the court,
139 22 within no later than twenty days of after the filing of the
139 23 expert's report with the clerk of the district court, or, if a
139 24 court hearing is scheduled to resolve the issue of paternity,
139 25 no later than thirty days before the original court hearing
139 26 date.
139 27    Sec. 212.  Section 600B.41A, subsection 3, paragraph e,
139 28 subparagraph (1), Code 1997, is amended to read as follows:
139 29    (1)  Unless otherwise specified pursuant to subsection 2 or
139 30 8, blood or genetic testing shall be conducted in all cases
139 31 prior to the determination by the court of the best interest
139 32 of the child in an action to overcome the establishment of
139 33 paternity.
139 34    Sec. 213.  Section 600B.41A, subsection 3, paragraph f,
139 35 Code 1997, is amended to read as follows:
140  1    f.  The court finds that all of the following:
140  2    (1)  That the conclusion of the expert as disclosed by the
140  3 evidence based upon blood or genetic testing demonstrates that
140  4 the established father is not the biological father of the
140  5 child.
140  6    (2)  If paternity was established pursuant to section
140  7 252A.3A, the signed affidavit was based on fraud, duress, or
140  8 material mistake of fact, as shown by the petitioner.
140  9    Sec. 214.  Section 600B.41A, subsection 3, paragraph g,
140 10 Code 1997, is amended by striking the paragraph.
140 11    Sec. 215.  Section 600B.41A, subsections 4 and 6, Code
140 12 1997, are amended by striking the subsections and inserting in
140 13 lieu thereof the following:
140 14    4.  If the court finds that the establishment of paternity
140 15 is overcome, in accordance with all of the conditions
140 16 prescribed, the court shall enter an order which provides all
140 17 of the following:
140 18    a.  That the established father is relieved of any and all
140 19 future support obligations owed on behalf of the child from
140 20 the date that the order determining that the established
140 21 father is not the biological father is filed.
140 22    b.  That any unpaid support due prior to the date the order
140 23 determining that the established father is not the biological
140 24 father is filed, is satisfied.
140 25    6.  a.  If the court determines that test results conducted
140 26 in accordance with section 600B.41 or chapter 252F exclude the
140 27 established father as the biological father, the court may
140 28 dismiss the action to overcome paternity and preserve the
140 29 paternity determination only if all of the following apply:
140 30    (1)  The established father requests that paternity be
140 31 preserved and that the parent-child relationship, as defined
140 32 in section 600A.2, be continued.
140 33    (2)  The court finds that it is in the best interest of the
140 34 child to preserve paternity.  In determining the best interest
140 35 of the child, the court shall consider all of the following:
141  1    (a)  The age of the child.
141  2    (b)  The length of time since the establishment of
141  3 paternity.
141  4    (c)  The previous relationship between the child and the
141  5 established father, including but not limited to the duration
141  6 and frequency of any time periods during which the child and
141  7 established father resided in the same household or engaged in
141  8 a parent-child relationship as defined in section 600A.2.
141  9    (d)  The possibility that the child could benefit by
141 10 establishing the child's actual paternity.
141 11    (e)  Additional factors which the court determines are
141 12 relevant to the individual situation.
141 13    (3)  The biological father is a party to the action and
141 14 does not object to termination of the biological father's
141 15 parental rights, or the established father petitions the court
141 16 for termination of the biological father's parental rights and
141 17 the court grants the petition pursuant to chapter 600A.
141 18    b.  If the court dismisses the action to overcome paternity
141 19 and preserves the paternity determination under this
141 20 subsection, the court shall enter an order establishing that
141 21 the parent-child relationship exists between the established
141 22 father and the child, and including establishment of a support
141 23 obligation pursuant to section 598.21 and provision of custody
141 24 and visitation pursuant to section 598.41.
141 25    Sec. 216.  Section 600B.41A, Code 1997, is amended by
141 26 adding the following new subsection:
141 27    NEW SUBSECTION.  6A.  a.  For any order entered under this
141 28 section on or before the effective date of this subsection in
141 29 which the court's determination excludes the established
141 30 father as the biological father but dismisses the action to
141 31 overcome paternity and preserves paternity, the established
141 32 father may petition the court to issue an order which provides
141 33 all of the following:
141 34    (1)  That the parental rights of the established father are
141 35 terminated.
142  1    (2)  That the established father is relieved of any and all
142  2 future support obligations owed on behalf of the child from
142  3 the date the order under this subsection is filed.
142  4    b.  The established father may proceed pro se under this
142  5 subsection.  The supreme court shall prescribe standard forms
142  6 for use under this subsection and shall distribute the forms
142  7 to the clerks of the district court.
142  8    c.  If a petition is filed pursuant to this section and
142  9 notice is served on any parent of the child not filing the
142 10 petition and any assignee of the support obligation, the court
142 11 shall grant the petition.
142 12    Sec. 217.  Section 600B.30, Code 1997, is repealed.
142 13    Sec. 218.  Sections 214, 215, and 216 of this Act, being
142 14 deemed of immediate importance, take effect upon enactment.  
142 15                             PART B
142 16    Sec. 219.  Section 600B.41A, subsection 2, paragraph a,
142 17 Code 1997, is amended to read as follows:
142 18    a.  A paternity determination made in or by a foreign
142 19 jurisdiction and, notwithstanding section 252A.20, or a
142 20 paternity determination which has been made in or by a foreign
142 21 jurisdiction and registered in this state in accordance with
142 22 section 252A.18 or chapter 252K.
142 23    Sec. 220.  Section 600B.34, Code 1997, is repealed.
142 24    Sec. 221.  EFFECTIVE DATE.  Part B, sections 219 and 220 of
142 25 this Act, are effective January 1, 1998.  
142 26                           DIVISION XV
142 27    Sec. 222.  Section 96.3, subsection 9, paragraph c, Code
142 28 1997, is amended to read as follows:
142 29    c.  However, if the department is notified of an assignment
142 30 of income withholding by the child support recovery unit under
142 31 chapter 252D or section 598.22 or 598.23 or if income is
142 32 garnisheed by the child support recovery unit under chapter
142 33 642 and an individual's benefits are condemned to the
142 34 satisfaction of the child support obligation being enforced by
142 35 the child support recovery unit, the department shall deduct
143  1 and withhold from the individual's benefits that amount
143  2 required through legal process.
143  3    Notwithstanding section 642.2, subsections 2, 3, 6, and 7,
143  4 which restrict garnishments under chapter 642 to wages of
143  5 public employees, the department may be garnisheed under
143  6 chapter 642 by the child support recovery unit established in
143  7 section 252B.2, pursuant to a judgment for child support
143  8 against an individual eligible for benefits under this
143  9 chapter.
143 10    Notwithstanding section 96.15, benefits under this chapter
143 11 are not exempt from income assignment withholding,
143 12 garnishment, attachment, or execution if assigned to withheld
143 13 for or garnisheed by the child support recovery unit,
143 14 established in section 252B.2, or if an assignment income
143 15 withholding order or notice of the income withholding order
143 16 under section 598.22 or 598.23 is being enforced by the child
143 17 support recovery unit to satisfy the child support obligation
143 18 of an individual who is eligible for benefits under this
143 19 chapter.
143 20    Sec. 223.  Section 144.13, subsection 2, Code 1997, is
143 21 amended to read as follows:
143 22    2.  If the mother was married either at the time of
143 23 conception, or birth, or at any time during the period between
143 24 conception and birth, the name of the husband shall be entered
143 25 on the certificate as the father of the child unless paternity
143 26 has been determined otherwise by a court of competent
143 27 jurisdiction, in which case the name of the father as
143 28 determined by the court shall be entered by the department.
143 29    Sec. 224.  Section 144.13, subsection 3, Code 1997, is
143 30 amended to read as follows:
143 31    3.  If the mother was not married either at the time of
143 32 conception, or birth, and at any time during the period
143 33 between conception and birth, the name of the father shall not
143 34 be entered on the certificate of birth without the written
143 35 consent of the mother and the person to be named as the
144  1 father, unless a determination of paternity has been made
144  2 pursuant to section 252A.3, in which case the name of the
144  3 father as established shall be entered by the department.  If
144  4 the father is not named on the certificate of birth, no other
144  5 information about the father shall be entered on the
144  6 certificate.
144  7    Sec. 225.  Section 144.13, subsection 4, paragraph c, Code
144  8 1997, is amended to read as follows:
144  9    c.  A copy of the affidavit of paternity if filed pursuant
144 10 to section 252A.3A and any subsequent recision form which
144 11 rescinds the affidavit.
144 12    Sec. 226.  Section 144.26, Code 1997, is amended to read as
144 13 follows:
144 14    144.26  DEATH CERTIFICATE.
144 15    1.  A death certificate for each death which occurs in this
144 16 state shall be filed with the county as directed by the state
144 17 registrar of the county in which the death occurs, within
144 18 three days after the death and prior to final disposition, and
144 19 shall be registered by the county registrar if it has been
144 20 completed and filed in accordance with this chapter.  A death
144 21 certificate shall include the social security number, if
144 22 provided, of the deceased person.  All information including
144 23 the certifying physician's name shall be typewritten.
144 24    2.  All information included on a death certificate may be
144 25 provided as mutually agreed upon by the division and the child
144 26 support recovery unit, including by automated exchange.
144 27    If the place of death is unknown, a death certificate shall
144 28 be filed in the county in which a dead body is found within
144 29 three days after the body is found.
144 30    3.  The county in which a dead body is found is the county
144 31 of death.  If death occurs in a moving conveyance, a death
144 32 certificate shall be filed in the county in which the dead
144 33 body is first removed from the conveyance is the county of
144 34 death.
144 35    If a person dies outside of the county of the person's
145  1 residence, the state registrar shall send a copy of the death
145  2 certificate to the county registrar of the county of the
145  3 decedent's residence.  The county registrar shall record the
145  4 death certificate in the same records in which death
145  5 certificates of persons who died within the county are
145  6 recorded.
145  7    Sec. 227.  Section 234.39, subsections 1, 2, and 3, Code
145  8 1997, are amended to read as follows:
145  9    1.  For an individual to whom section 234.35, subsection 1,
145 10 is applicable, a dispositional order of the juvenile court
145 11 requiring the provision of foster care, or an administrative
145 12 order entered pursuant to chapter 252C, or any order
145 13 establishing paternity and support for a child in foster care,
145 14 shall establish, after notice and a reasonable opportunity to
145 15 be heard is provided to a parent or guardian, the amount of
145 16 the parent's or guardian's support obligation for the cost of
145 17 foster care provided by the department.  The amount of the
145 18 parent's or guardian's support obligation and the amount of
145 19 support debt accrued and accruing shall be established in
145 20 accordance with the child support guidelines prescribed under
145 21 section 598.21, subsection 4.  However, the court, or the
145 22 department of human services in establishing support by
145 23 administrative order, may deviate from the prescribed
145 24 obligation after considering a recommendation by the
145 25 department for expenses related to goals and objectives of a
145 26 case permanency plan as defined under section 237.15, and upon
145 27 written findings of fact which specify the reason for
145 28 deviation and the prescribed guidelines amount.  Any order for
145 29 support shall direct the payment of the support obligation to
145 30 the collection services center for the use of the department's
145 31 foster care recovery unit.  The order shall be filed with the
145 32 clerk of the district court in which the responsible parent or
145 33 guardian resides and has the same force and effect as a
145 34 judgment when entered in the judgment docket and lien index.
145 35 The collection services center shall disburse the payments
146  1 pursuant to the order and record the disbursements.  If
146  2 payments are not made as ordered, the child support recovery
146  3 unit may certify a default to the court and the court may, on
146  4 its own motion, proceed under section 598.22 or 598.23 or the
146  5 child support recovery unit may enforce the judgment as
146  6 allowed by law.  An order entered under this subsection may be
146  7 modified only in accordance with the guidelines prescribed
146  8 under section 598.21, subsection 8, or under chapter 252H.
146  9    2.  For an individual who is served by the department of
146 10 human services under section 234.35, and is not subject to a
146 11 dispositional order of the juvenile court requiring the
146 12 provision of foster care, the department shall determine the
146 13 obligation of the individual's parent or guardian pursuant to
146 14 chapter 252C and in accordance with the child support
146 15 guidelines prescribed under section 598.21, subsection 4.
146 16 However, the department may adjust the prescribed obligation
146 17 for expenses related to goals and objectives of a case
146 18 permanency plan as defined under section 237.15.  An
146 19 obligation determined under this subsection may be modified
146 20 only in accordance with conditions under section 598.21,
146 21 subsection 8, or under chapter 252H.
146 22    3.  A person entitled to periodic support payments pursuant
146 23 to an order or judgment entered in any action for support, who
146 24 also is or has a child receiving foster care services, is
146 25 deemed to have assigned to the department current and accruing
146 26 support payments attributable to the child effective as of the
146 27 date the child enters foster care placement, to the extent of
146 28 expenditure of foster care funds.  The department shall notify
146 29 the clerk of the district court when a child entitled to
146 30 support payments is receiving foster care services pursuant to
146 31 chapter 234.  Upon notification by the department that a child
146 32 entitled to periodic support payments is receiving foster care
146 33 services, the clerk of the district court shall make a
146 34 notation of the automatic assignment in the judgment docket
146 35 and lien index.  The notation constitutes constructive notice
147  1 of assignment.  The clerk of court shall furnish the
147  2 department with copies of all orders and decrees awarding
147  3 support when the child is receiving foster care services.  At
147  4 the time the child ceases to receive foster care services, the
147  5 assignment of support shall be automatically terminated.
147  6 Unpaid support accrued under the assignment of support rights
147  7 during the time that the child was in foster care remains due
147  8 to the department up to the amount of unreimbursed foster care
147  9 funds expended.  The department shall notify the clerk of
147 10 court of the automatic termination of the assignment.  Unless
147 11 otherwise specified in the support order, an equal and
147 12 proportionate share of any child support awarded shall be
147 13 presumed to be payable on behalf of each child subject to the
147 14 order or judgment for purposes of an assignment under this
147 15 section.
147 16    Sec. 228.  Section 236.5, subsection 2, paragraph e, Code
147 17 1997, is amended to read as follows:
147 18    e.  That Unless prohibited pursuant to 28 U.S.C. } 1738B,
147 19 that the defendant pay the clerk a sum of money for the
147 20 separate support and maintenance of the plaintiff and children
147 21 under eighteen.
147 22    Sec. 229.  Section 236.10, Code 1997, is amended to read as
147 23 follows:
147 24    236.10  CONFIDENTIALITY OF RECORDS.
147 25    The file in a domestic abuse case shall be sealed by the
147 26 clerk of court when it is complete and after the time for
147 27 appeal has expired.  However, the clerk shall open the file
147 28 upon application to and order of the court for good cause
147 29 shown or upon request of the child support recovery unit.
147 30    Sec. 230.  Section 239.3, Code 1997, is amended to read as
147 31 follows:
147 32    239.3  APPLICATION FOR ASSISTANCE – ASSIGNMENT OF SUPPORT
147 33 RIGHTS.
147 34    1.  An application for assistance shall be made to the
147 35 department.  The application shall be in writing or reduced to
148  1 writing in the manner and upon the form prescribed by the
148  2 administrator.  The application shall be made by the specified
148  3 relative with whom the dependent child resides or will reside,
148  4 and shall contain the information required on the application
148  5 form.  One application may be made for several children of the
148  6 same family if they reside or will reside with the same
148  7 specified relative.
148  8    2.  An assignment of support rights is created by any of
148  9 the following:
148 10    a.  An applicant for assistance under this chapter and
148 11 other persons covered by an application are deemed to have
148 12 assigned to the department of human services at the time of
148 13 application all rights to periodic support payments to the
148 14 extent of public assistance received by the applicant and
148 15 other persons covered by the application.
148 16    b.  A determination that a child or another person covered
148 17 by an application is eligible for assistance under this
148 18 chapter creates an assignment by operation of law to the
148 19 department of all rights to periodic support payments not to
148 20 exceed the amount of public assistance received by the child
148 21 and other persons covered by the application.
148 22    3.  An assignment takes effect upon determination that an
148 23 applicant or another person covered by an application is
148 24 eligible for assistance under this chapter, applies to both
148 25 current and accrued support obligations, and terminates when
148 26 an applicant or another person covered by an application
148 27 ceases to receive assistance under this chapter, except with
148 28 respect to the amount of unpaid support obligations accrued
148 29 under the assignment.  If an applicant or another person
148 30 covered by an application ceases to receive assistance under
148 31 this chapter and the applicant or other person covered by the
148 32 application receives a periodic support payment subject to
148 33 limitations of federal law, the department of human services
148 34 is entitled only to that amount of the periodic support
148 35 payment above the current periodic support obligation.
149  1    Sec. 231.  Section 421.17, subsection 21, unnumbered
149  2 paragraph 1, Code 1997, is amended to read as follows:
149  3    To establish and maintain a procedure to set off against a
149  4 debtor's income tax refund or rebate any debt, which is
149  5 assigned to the department of human services, or which the
149  6 child support recovery unit is otherwise attempting to collect
149  7 on behalf of an individual not eligible as a public assistance
149  8 recipient, or which the foster care recovery unit of the
149  9 department of human services is attempting to collect on
149 10 behalf of a child receiving foster care provided by the
149 11 department of human services.
149 12    Sec. 232.  Section 535.3, subsection 3, Code 1997, is
149 13 amended to read as follows:
149 14    3.  Interest on periodic payments for child, spousal, or
149 15 medical support shall not accrue until thirty days after the
149 16 payment becomes due and owing.  Additionally, interest on
149 17 these payments shall not accrue on amounts being paid through
149 18 income withholding pursuant to chapter 252D for the time these
149 19 payments are unpaid solely because the date on which the payor
149 20 of income withholds income based upon the payor's regular pay
149 21 cycle varies from the provisions of the support order.
149 22    Sec. 233.  NEW SECTION.  595.3A  APPLICATION FORM AND
149 23 LICENSE, INCLUSION OF ABUSE PREVENTION LANGUAGE.
149 24    In addition to any other information contained in an
149 25 application form for a marriage license and a marriage
149 26 license, the application form and license shall contain the
149 27 following statement in bold print:
149 28    "The laws of this state affirm your right to enter into
149 29 this marriage and at the same time to live within the marriage
149 30 under the full protection of the laws of this state with
149 31 regard to violence and abuse.  Neither of you is the property
149 32 of the other.  Assault, sexual abuse, and willful injury of a
149 33 spouse or other family member are violations of the laws of
149 34 this state and are punishable by the state."
149 35    Sec. 234.  Section 595.4, unnumbered paragraph 1, Code
150  1 1997, is amended to read as follows:
150  2    Previous to the issuance of any license to marry, the
150  3 parties desiring the license shall sign and file a verified
150  4 application with the county registrar which application either
150  5 may be mailed to the parties at their request or may be signed
150  6 by them at the office of the county registrar in the county in
150  7 which the license is to be issued.  The application shall
150  8 include the social security number of each applicant and shall
150  9 set forth at least one affidavit of some competent and
150 10 disinterested person stating the facts as to age and
150 11 qualification of the parties.  Upon the filing of the
150 12 application for a license to marry, the county registrar shall
150 13 file the application in a record kept for that purpose and
150 14 shall take all necessary steps to ensure the confidentiality
150 15 of the social security number of each applicant.  All
150 16 information included on an application may be provided as
150 17 mutually agreed upon by the division of records and statistics
150 18 and the child support recovery unit, including by automated
150 19 exchange.
150 20    Sec. 235.  Section 614.1, subsection 6, Code 1997, is
150 21 amended to read as follows:
150 22    6.  JUDGMENTS OF COURTS OF RECORD.  Those founded on a
150 23 judgment of a court of record, whether of this or of any other
150 24 of the United States, or of the federal courts of the United
150 25 States, within twenty years, except that a time period
150 26 limitation shall not apply to an action to recover a judgment
150 27 for child support, spousal support, or a judgment of
150 28 distribution of marital assets.
150 29    Sec. 236.  Section 626A.2, subsection 2, Code 1997, is
150 30 amended to read as follows:
150 31    2.  In a A proceeding to enforce a child support order, the
150 32 law of this state shall apply except as follows: is governed
150 33 by 28 U.S.C. } 1738B.
150 34    a.  In interpreting a child support order, a court shall
150 35 apply the law of the state of the court that issued the order.
151  1    b.  In an action to enforce a child support order, a court
151  2 shall apply the statute of limitations of this state or the
151  3 state of the court that issued the order, whichever statute
151  4 provides the longer period of limitations.
151  5    Sec. 237.  NEW SECTION.  627.6A  EXEMPTIONS FOR SUPPORT –
151  6 PENSIONS AND SIMILAR PAYMENTS.
151  7    1.  Notwithstanding the provisions of section 627.6, a
151  8 debtor shall not be permitted to claim exemptions with regard
151  9 to payment or a portion of payment under a pension, annuity,
151 10 individual retirement account, profit-sharing plan, universal
151 11 life insurance policy, or similar plan or contract due to
151 12 illness, disability, death, age, or length of service for
151 13 child, spousal, or medical support.
151 14    2.  In addition to subsection 1, if another provision of
151 15 law otherwise provides that payments, income, or property are
151 16 subject to attachment for child, spousal, or medical support,
151 17 those provisions shall supersede section 627.6.
151 18    Sec. 238.  Section 627.11, Code 1997, is amended to read as
151 19 follows:
151 20    627.11  EXCEPTION UNDER DECREE FOR SPOUSAL SUPPORT.
151 21    If the party in whose favor the order, judgment, or decree
151 22 for the support of a spouse was rendered has not remarried,
151 23 the personal earnings of the debtor are not exempt from an
151 24 order, judgment, or decree for temporary or permanent support,
151 25 as defined in section 252D.1 252D.16A, of a spouse, nor from
151 26 an installment of an order, judgment, or decree for the
151 27 support of a spouse.
151 28    Sec. 239.  Section 627.12, Code 1997, is amended to read as
151 29 follows:
151 30    627.12  EXCEPTION UNDER DECREE FOR CHILD SUPPORT.
151 31    The personal earnings of the debtor are not exempt from an
151 32 order, judgment, or decree for the support, as defined in
151 33 section 252D.1 252D.16A, of a child, nor from an installment
151 34 of an order, judgment, or decree for the support of a child.
151 35    Sec. 240.  Section 642.2, subsections 1 and 5, Code 1997,
152  1 are amended to read as follows:
152  2    1.  The state of Iowa, and all of its governmental
152  3 subdivisions and agencies, may be garnisheed garnished, only
152  4 as provided in this section and the consent of the state and
152  5 of its governmental subdivisions and agencies to those
152  6 garnishment proceedings is hereby given.  However,
152  7 notwithstanding the requirements of this chapter, income
152  8 withholding notices shall be served on the state, and all of
152  9 its governmental subdivisions and agencies, pursuant to the
152 10 requirements of chapter 252D.
152 11    5.  Service Except as provided in subsection 1, service
152 12 upon the garnishee shall be made by serving an original notice
152 13 with a copy of the judgment against the defendant, and with a
152 14 copy of the questions specified in section 642.5, by certified
152 15 mail or by personal service upon the attorney general, county
152 16 attorney, city attorney, secretary of the school district, or
152 17 legal counsel of the appropriate governmental unit.  The
152 18 garnishee shall be required to answer within thirty days
152 19 following receipt of the notice.
152 20    Sec. 241.  PUBLIC ASSISTANCE – ACCRUED SUPPORT AND
152 21 ARREARAGES – REVIEW AND RECOMMENDATIONS.  The child support
152 22 recovery unit shall review and make recommendations to the
152 23 general assembly on or before February 1, 1998, regarding the
152 24 establishment of an accrued support debt which is based upon
152 25 receipt of public assistance and the determination of the
152 26 amount to be withheld as payment of arrearages under an income
152 27 withholding order.  
152 28                          DIVISION XVI
152 29                            SURCHARGE
152 30    Sec. 242.  Section 252B.9, subsection 2, paragraph b, is
152 31 amended by adding the following new subparagraph:
152 32    NEW SUBPARAGRAPH.  (4)  Records relating to the
152 33 administration, collection, and enforcement of surcharges
152 34 pursuant to section 252B.22 which are recorded by the unit or
152 35 a collection entity shall be confidential records except that
153  1 information, as necessary for support collection and
153  2 enforcement, may be provided to other governmental agencies,
153  3 the obligor or the resident parent, or a collection entity
153  4 under contract with the unit unless otherwise prohibited by
153  5 the federal law.  A collection entity under contract with the
153  6 unit shall use information obtained for the sole purpose of
153  7 fulfilling the duties required under the contract, and shall
153  8 disclose any records obtained by the collection entity to the
153  9 unit for use in support establishment and enforcement.
153 10    Sec. 243.  Section 252B.13A, Code 1997, is amended to read
153 11 as follows:
153 12    252B.13A  COLLECTION SERVICES CENTER.
153 13    The department shall establish within the unit a collection
153 14 services center for the receipt and disbursement of support
153 15 payments as defined in section 598.1 as required for orders by
153 16 section 252B.14.  For purposes of this section, support
153 17 payments do not include attorney fees, court costs, or
153 18 property settlements.  The center may also receive and
153 19 disburse surcharges as provided in section 252B.22.
153 20    Sec. 244.  NEW SECTION.  252B.22  SURCHARGE.
153 21    1.  A surcharge shall be due and payable by the obligor on
153 22 a support arrearage identified as difficult to collect and
153 23 referred by the unit on or after January 1, 1998, to a
153 24 collection entity under contract with the unit or other state
153 25 entity.  The amount of the surcharge shall be a percent of the
153 26 amount of the support arrearage referred to the collection
153 27 entity and shall be specified in the contract with the
153 28 collection entity.  For the purpose of this chapter, a
153 29 "collection entity" includes but is not limited to a state
153 30 agency, including the central collection unit of the
153 31 department of revenue and finance, or a private collection
153 32 agency.  Use of a collection entity is in addition to any
153 33 other legal means by which support payments may be collected.
153 34 The unit shall continue to use other enforcement actions, as
153 35 appropriate.
154  1    2.  a.  Notice that a surcharge may be assessed on a
154  2 support arrearage referred to a collection entity pursuant to
154  3 this section shall be provided to an obligor in accordance
154  4 with one of the following as applicable:
154  5    (1)  In the order establishing or modifying the support
154  6 obligation.  The unit or district court shall include notice
154  7 in any new or modified support order issued on or after July
154  8 1, 1997.
154  9    (2)  Through notice sent by the unit by regular mail to the
154 10 last known address of the support obligor.
154 11    b.  The notice shall also advise that any appropriate
154 12 information may be provided to a collection entity for
154 13 purposes of administering and enforcing the surcharge.
154 14    3.  Arrearages submitted for referral and surcharge
154 15 pursuant to this section shall meet all of the following
154 16 criteria:
154 17    a.  The arrearages owed shall be based on a court or
154 18 administrative order which establishes the support obligation.
154 19    b.  The arrearage is due for a case in which the unit is
154 20 providing services pursuant to this chapter and one for which
154 21 the arrearage has been identified as difficult to collect by
154 22 the unit.
154 23    c.  The obligor was provided notice pursuant to subsection
154 24 2 at least fifteen days prior to sending the notice of
154 25 referral pursuant to subsection 4.
154 26    4.  The unit shall send notice of referral to the obligor
154 27 by regular mail to the obligor's last known address, with
154 28 proof of service completed according to R.C.P. } 82, at least
154 29 thirty days prior to the date the arrearage is referred to the
154 30 collection entity.  The notice shall inform the obligor of all
154 31 of the following:
154 32    a.  The arrearage will be referred to a collection entity.
154 33    b.  Upon referral, a surcharge is due and payable by the
154 34 obligor.
154 35    c.  The amount of the surcharge.
155  1    d.  That the obligor may avoid referral by paying the
155  2 amount of the arrearage to the collection services center
155  3 within twenty days of the date of notice of referral.
155  4    e.  That the obligor may contest the referral by submitting
155  5 a written request for review of the unit.  The request shall
155  6 be received by the unit within twenty days of the date of the
155  7 notice of referral.
155  8    f.  The right to contest the referral is limited to a
155  9 mistake of fact, which includes a mistake in the identity of
155 10 the obligor, a mistake as to fulfillment of the requirements
155 11 for referral under this subsection, or a mistake in the amount
155 12 of the arrearages.
155 13    g.  The unit shall issue a written decision following a
155 14 requested review.
155 15    h.  Following the issuance of a written decision by the
155 16 unit denying that a mistake of fact exists, the obligor may
155 17 request a hearing to challenge the surcharge by sending a
155 18 written request for a hearing to the office of the unit which
155 19 issued the decision.  The request shall be received by the
155 20 office of the unit which issued the decision within ten days
155 21 of the unit's written decision.  The only grounds for a
155 22 hearing shall be mistake of fact.  Following receipt of the
155 23 written request, the unit which receives the request shall
155 24 certify the matter for hearing in the district court in the
155 25 county in which the underlying support order is filed.
155 26    i.  The address of the collection services center for
155 27 payment of the arrearages.
155 28    5.  If the obligor pays the amount of arrearage within
155 29 twenty days of the date of the notice of referral, referral of
155 30 the arrearage to a collection entity shall not be made.
155 31    6.  If the obligor requests a review or court hearing
155 32 pursuant to this section, referral of the arrearages shall be
155 33 stayed pending the decision of the unit or the court.
155 34    7.  Actions of the unit under this section shall not be
155 35 subject to contested case proceedings or further review
156  1 pursuant to chapter 17A and any resulting court hearing shall
156  2 be an original hearing before the district court.  However,
156  3 the department shall establish, by rule pursuant to chapter
156  4 17A, an internal process to provide an additional review by
156  5 the administrator of the child support recovery unit or the
156  6 administrator's designee.
156  7    8.  If an obligor does not pay the amount of the arrearage,
156  8 does not contest the referral, or if following the unit's
156  9 review and any court hearing the unit or court does not find a
156 10 mistake of fact, the arrearages shall be referred to a
156 11 collection entity.  Following the review or hearing, if the
156 12 unit or court finds a mistake in the amount of the arrearage,
156 13 the arrearages shall be referred to the collection entity in
156 14 the appropriate arrearage amount.  For arrearages referred to
156 15 a collection entity, the obligor shall pay a surcharge equal
156 16 to a percent of the amount of the support arrearage due as of
156 17 the date of the referral.  The surcharge is in addition to the
156 18 arrearages and any other fees or charges owed, and shall be
156 19 enforced by the collection entity as provided under section
156 20 252B.5.  Upon referral to the collection entity, the surcharge
156 21 is an automatic judgment against the obligor.
156 22    9.  The director or the director's designee may file a
156 23 notice of the surcharge with the clerk of the district court
156 24 in the county in which the underlying support order is filed.
156 25 Upon filing, the clerk shall enter the amount of the surcharge
156 26 on the lien index and judgment docket.
156 27    10.  Following referral of a support arrearage to a
156 28 collection entity, the surcharge shall be due and owing and
156 29 enforceable by a collection entity or the unit notwithstanding
156 30 satisfaction of the support obligation or whether the
156 31 collection entity is enforcing a support arrearage.  However,
156 32 the unit may waive payment of all or a portion of the
156 33 surcharge if waiver will facilitate the collection of the
156 34 support arrearage.
156 35    11.  All surcharge payments shall be received and disbursed
157  1 by the collection services center.
157  2    12.  a.  A payment received by the collection services
157  3 center which meets all the following conditions shall be
157  4 allocated as specified in paragraph "b":
157  5    (1)  The payment is for a case in which arrearages have
157  6 been referred to a collection entity.
157  7    (2)  A surcharge is assessed on the arrearages.
157  8    (3)  The payment is collected under the provisions of the
157  9 contract with the collection entity.
157 10    b.  A payment meeting all of the conditions in paragraph
157 11 "a" shall be allocated between support and costs and fees, and
157 12 the surcharge according to the following formula:
157 13    (1)  The payment shall be divided by the sum of one hundred
157 14 percent plus the percent specified in the contract.
157 15    (2)  The quotient shall be the amount allocated to the
157 16 support arrearage and other fees and costs.
157 17    (3)  The difference between the dividend and the quotient
157 18 shall be the amount allocated to the surcharge.
157 19    13.  Any computer or software programs developed and any
157 20 records used in relation to a contract with a collection
157 21 entity remain the property of the department.  
157 22 
157 23 
157 24                                                             
157 25                               RON J. CORBETT
157 26                               Speaker of the House
157 27 
157 28 
157 29                                                             
157 30                               MARY E. KRAMER
157 31                               President of the Senate
157 32 
157 33    I hereby certify that this bill originated in the House and
157 34 is known as House File 612, Seventy-seventh General Assembly.
157 35 
158  1 
158  2                                                             
158  3                               ELIZABETH ISAACSON
158  4                               Chief Clerk of the House
158  5 Approved                , 1997
158  6 
158  7 
158  8                         
158  9 TERRY E. BRANSTAD
158 10 Governor
     

Text: HF00611                           Text: HF00613
Text: HF00600 - HF00699                 Text: HF Index
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