Text: HSB00182                          Text: HSB00184
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Bills and Amendments: General Index     Bill History: General Index

House Study Bill 183

Bill Text

PAG LIN
  1  1                           DIVISION I
  1  2                             PART A
  1  3    Section 1.  Section 252A.3, subsection 8, paragraphs b and
  1  4 c, Code 1997, are amended to read as follows:
  1  5    b.  By the statement of the person admitting paternity in
  1  6 court and upon concurrence of the mother.  If the mother was
  1  7 married, at the time of conception, birth or at any time
  1  8 during the period between conception and birth of the child,
  1  9 to an individual other than the person admitting paternity,
  1 10 the individual to whom the mother was married at the time of
  1 11 conception, birth or at any time during the period between
  1 12 conception and birth must deny paternity in order to establish
  1 13 the paternity of the person admitting paternity upon the sole
  1 14 basis of the admission.
  1 15    c.  By Subject to the right of any signatory to rescind as
  1 16 provided in section 252A.3A, subsection 12, by the filing and
  1 17 registration by the state registrar of an affidavit of
  1 18 paternity executed on or after July 1, 1993, as provided in
  1 19 section 252A.3A, provided that the mother of the child was
  1 20 unmarried at the time of conception, birth and at any time
  1 21 during the period between conception and birth of the child or
  1 22 if the mother was married at the time of conception, birth or
  1 23 at any time during the period between conception and birth of
  1 24 the child, a court of competent jurisdiction has determined
  1 25 that the individual to whom the mother was married at that
  1 26 time is not the father of the child.
  1 27    Sec. 2.  Section 252A.3A, Code 1997, is amended to read as
  1 28 follows:
  1 29    252A.3A  ESTABLISHING PATERNITY BY AFFIDAVIT.
  1 30    1.  The paternity of a child born out of wedlock may be
  1 31 legally established by the completion, and filing and
  1 32 registration by the state registrar of an affidavit of
  1 33 paternity only as provided by this section.
  1 34    2.  When paternity has not been legally established,
  1 35 paternity may be established by affidavit under this section
  2  1 for the following children:
  2  2    a.  The child of a woman who was unmarried at the time of
  2  3 conception, and birth and at any time during the period
  2  4 between conception and birth of the child.
  2  5    b.  The child of a woman who is married at the time of
  2  6 conception, or birth or at any time during the period between
  2  7 conception and birth of the child if a court of competent
  2  8 jurisdiction has determined that the individual to whom the
  2  9 mother was married at that time is not the father of the
  2 10 child.
  2 11    3.  a.  Prior to or at the time of completion of an
  2 12 affidavit of paternity, written and oral information about
  2 13 paternity establishment, developed by the child support
  2 14 recovery unit created in section 252B.2, shall be provided to
  2 15 the mother and putative father.
  2 16    b.  The information provided shall include a description of
  2 17 parental rights and responsibilities, including the duty to
  2 18 provide financial support for the child, and the benefits of
  2 19 establishing paternity, and the alternatives to and legal
  2 20 consequences of signing an affidavit of paternity, including
  2 21 the rights available if a parent is a minor.
  2 22    c.  Copies of the written information shall be made
  2 23 available by the child support recovery unit or the Iowa
  2 24 department of public health to those entities where an
  2 25 affidavit of paternity may be obtained as provided under
  2 26 subsection 4.
  2 27    4.  a.  The affidavit of paternity form developed and used
  2 28 by the Iowa department of public health is the only affidavit
  2 29 of paternity form recognized for the purpose of establishing
  2 30 paternity under this section.  It shall include the minimum
  2 31 requirements specified by the secretary of the United States
  2 32 department of health and human services pursuant to 42 U.S.C.
  2 33 } 652(a)(7).  A properly completed affidavit of paternity form
  2 34 developed by the Iowa department of public health and existing
  2 35 on or after July 1, 1993, but which is superseded by a later
  3  1 affidavit of paternity form developed by the Iowa department
  3  2 of public health, shall have the same legal effect as a
  3  3 paternity affidavit form used by the Iowa department of public
  3  4 health on or after July 1, 1997, regardless of the date of the
  3  5 filing and registration of the affidavit of paternity, unless
  3  6 otherwise required under federal law.
  3  7    b.  The form shall be available from the state registrar,
  3  8 each county registrar, the child support recovery unit, and
  3  9 any institution in the state.
  3 10    c.  The Iowa department of public health shall make copies
  3 11 of the form available to the entities identified in paragraph
  3 12 "b" for distribution.
  3 13    5.  A completed affidavit of paternity shall contain or
  3 14 have attached all of the following:
  3 15    a.  A statement by the mother consenting to the assertion
  3 16 of paternity and the identity of the father and acknowledging
  3 17 either of the following:
  3 18    (1)  That the mother was unmarried at the time of
  3 19 conception, and birth and at anytime during the period between
  3 20 conception and birth of the child.
  3 21    (2)  That the mother was married at the time of conception,
  3 22 or birth or at any time during the period between conception
  3 23 and birth of the child, and that a court order has been
  3 24 entered ruling that the individual to whom the mother was
  3 25 married at that time is not the father of the child.
  3 26    b.  If paragraph "a", subparagraph (2), is applicable, a
  3 27 certified copy of the filed order ruling that the husband is
  3 28 not the father of the child.
  3 29    c.  A statement from the putative father that the putative
  3 30 father is the father of the child.
  3 31    d.  The name of the child at birth and the child's birth
  3 32 date.
  3 33    e.  The signatures of the mother and putative father.
  3 34    f.  The social security numbers of the mother and putative
  3 35 father.
  4  1    g.  The addresses of the mother and putative father, as
  4  2 available.
  4  3    h.  The signature of a notary public attesting to the
  4  4 identities of the parties signing the affidavit of paternity.
  4  5    i.  Instructions for filing the affidavit.
  4  6    6.  A completed affidavit of paternity shall be filed with
  4  7 the state registrar.  However, if the affidavit of paternity
  4  8 is obtained directly from the county registrar, the completed
  4  9 affidavit may be filed with the county registrar who shall
  4 10 forward the original affidavit to the state registrar.  For
  4 11 the purposes of legal establishment of paternity under this
  4 12 section, paternity is legally established only upon filing of
  4 13 the affidavit with and registration of the affidavit by the
  4 14 state registrar subject to the right of any signatory to
  4 15 recision pursuant to subsection 12.
  4 16    7.  The state registrar shall make copies of affidavits of
  4 17 paternity and identifying information from the affidavits
  4 18 filed and registered pursuant to this section available to the
  4 19 child support recovery unit created under section 252B.2 in
  4 20 accordance with section 144.13, subsection 4, and any
  4 21 subsequent recision form which rescinds the affidavit.
  4 22    8.  An affidavit of paternity completed and filed with and
  4 23 registered by the state registrar pursuant to this section has
  4 24 all of the following effects:
  4 25    a.  Is admissible as evidence of paternity.
  4 26    b.  Has the same legal force and effect as a judicial
  4 27 determination of paternity subject to the right of any
  4 28 signatory to recision pursuant to subsection 12.
  4 29    c.  Serves as a basis for seeking child or medical support
  4 30 without further determination of paternity subject to the
  4 31 right of any signatory to recision pursuant to subsection 12.
  4 32    9.  All institutions in the state shall provide the
  4 33 following services with respect to any newborn child born out
  4 34 of wedlock:
  4 35    a.  Prior to discharge of the newborn from the institution,
  5  1 the institution where the birth occurs shall provide the
  5  2 mother and, if present, the putative father, with all of the
  5  3 following:
  5  4    (1)  Written and oral information about establishment of
  5  5 paternity pursuant to subsection 3.
  5  6    (2)  An affidavit of paternity form.
  5  7    (3)  An opportunity for consultation with the staff of the
  5  8 institution regarding the written information provided under
  5  9 subparagraph (1).
  5 10    (4)  An opportunity to complete an affidavit of paternity
  5 11 at the institution, as provided in this section.
  5 12    b.  The institution shall file any affidavit of paternity
  5 13 completed at the institution with the state registrar,
  5 14 pursuant to subsection 6, accompanied by a copy of the child's
  5 15 birth certificate, within ten days of the birth of the child.
  5 16    10.  a.  An institution may be reimbursed by the child
  5 17 support recovery unit created in section 252B.2 for providing
  5 18 the services described under subsection 9, or may provide the
  5 19 services at no cost.
  5 20    b.  An institution electing reimbursement shall enter into
  5 21 a written agreement with the child support recovery unit for
  5 22 this purpose.
  5 23    c.  An institution entering into an agreement for
  5 24 reimbursement shall assist the parents of a child born out of
  5 25 wedlock in completing and filing an affidavit of paternity.
  5 26    d.  Reimbursement shall be based only on the number of
  5 27 affidavits completed in compliance with this section and
  5 28 submitted to the state registrar during the duration of the
  5 29 written agreement with the child support recovery unit.
  5 30    e.  The reimbursement rate is twenty dollars for each
  5 31 completed affidavit filed with the state registrar.
  5 32    11.  The state registrar, upon request of the mother or the
  5 33 putative father, shall provide the following services with
  5 34 respect to a child born out of wedlock:
  5 35    a.  Written and oral information about the establishment of
  6  1 paternity pursuant to subsection 3.
  6  2    b.  An affidavit of paternity form.
  6  3    c.  An opportunity for consultation with staff regarding
  6  4 the information provided under paragraph "a".
  6  5    12.  a.  A completed affidavit of paternity may be
  6  6 rescinded through any of the following means:
  6  7    (1)  Registration by the state registrar of a completed and
  6  8 notarized recision form signed by either the mother or
  6  9 putative father who signed the affidavit of paternity that the
  6 10 putative father is not the father of the child.  The completed
  6 11 and notarized recision form shall be filed with the state
  6 12 registrar for the purpose of registration prior to the earlier
  6 13 of the following:
  6 14    (a)  Sixty days after the latest notarized signature of the
  6 15 mother or putative father on the affidavit of paternity.
  6 16    (b)  Twenty days after the service of the notice or
  6 17 petition initiating a proceeding in this state to which the
  6 18 signatory is a party relating to the child, including a
  6 19 proceeding to establish a support order under chapter 252A,
  6 20 252C, 252F, 598, or 600B or other law of this state.
  6 21    (2)  If a proceeding in this state to which the signatory
  6 22 is a party relating to the child is initiated by the child
  6 23 support recovery unit, filing a completed and notarized
  6 24 recision form signed by either the mother or putative father
  6 25 who signed the affidavit of paternity attesting that the
  6 26 putative father is not the father of the child.  The completed
  6 27 and notarized recision form shall be filed with the state
  6 28 registrar or the child support recovery unit prior to the
  6 29 earlier of the following:
  6 30    (a)  Sixty days after the latest notarized signature of the
  6 31 mother or putative father on the affidavit of paternity.
  6 32    (b)  Twenty days after the service of the notice or
  6 33 petition initiating the proceeding.
  6 34    b.  If the child support recovery unit receives a completed
  6 35 and notarized recision form, the unit shall file the form with
  7  1 the state registrar for registration, as appropriate.
  7  2    c.  Unless the state registrar has received and registered
  7  3 an order as provided in section 252A.3, subsection 8,
  7  4 paragraph "a", which legally establishes paternity, upon
  7  5 registration of a timely recision form the state registrar
  7  6 shall remove the father's information from the certificate of
  7  7 birth, and shall send a written notice of the recision to the
  7  8 last known address of the signatory of the affidavit of
  7  9 paternity who did not sign the recision form.
  7 10    d.  The Iowa department of public health shall develop a
  7 11 recision form and the form shall be the only recision form
  7 12 recognized for the purpose of rescinding a completed affidavit
  7 13 of paternity.  A completed recision form shall include the
  7 14 signature of a notary public attesting to the identity of the
  7 15 party signing the recision form.
  7 16    13.  The child support recovery unit may enter into a
  7 17 written agreement with an entity designated by the secretary
  7 18 of the United States department of health and human services
  7 19 to offer voluntary paternity establishment services.
  7 20    a.  The agreement shall comply with federal requirements
  7 21 pursuant to 42 U.S.C. } 666(a)(5)(C) including those regarding
  7 22 notice, materials, training, and evaluations.
  7 23    b.  The agreement may provide for reimbursement of the
  7 24 entity by the state if reimbursement is permitted by federal
  7 25 law.
  7 26    Sec. 3.  Section 252A.6A, subsection 1, paragraph a, Code
  7 27 1997, is amended to read as follows:
  7 28    a.  Except with the consent of all parties, the trial shall
  7 29 not be held until after the birth of the child and shall be
  7 30 held no earlier than twenty days from the date the respondent
  7 31 is served with notice of the action or, if blood or genetic
  7 32 tests are conducted, no earlier than fifty thirty days from
  7 33 the date the test results are filed with the clerk of the
  7 34 district court as provided under section 600B.41.
  7 35    Sec. 4.  Section 252A.6A, subsection 1, Code 1997, is
  8  1 amended by adding the following new paragraphs:
  8  2    NEW PARAGRAPH.  c.  Appropriate genetic testing procedures
  8  3 shall be used which include any genetic test generally
  8  4 acknowledged as reliable by accreditation bodies designated by
  8  5 the secretary of the United States department of health and
  8  6 human services and which are performed by a laboratory
  8  7 approved by such an accreditation body.
  8  8    NEW PARAGRAPH.  d.  A copy of a bill for blood or genetic
  8  9 testing, or for the cost of prenatal care or the birth of the
  8 10 child, shall be admitted as evidence without requiring third-
  8 11 party foundation testimony and shall constitute prima facie
  8 12 evidence of amounts incurred for testing.
  8 13    Sec. 5.  Section 252A.6A, Code 1997, is amended by adding
  8 14 the following new subsection:
  8 15    NEW SUBSECTION.  3.  If the expert analyzing the blood or
  8 16 genetic test concludes that the test results demonstrate that
  8 17 the putative father is not excluded and that the probability
  8 18 of the putative father's paternity is ninety-nine percent or
  8 19 higher and if the test results have not been challenged, the
  8 20 court, upon motion by a party, shall enter a temporary order
  8 21 for child support to be paid pursuant to section 598.21,
  8 22 subsection 4.  The court shall require temporary support to be
  8 23 paid to the clerk of court or to the collection services
  8 24 center.  If the court subsequently determines the putative
  8 25 father is not the father, the court shall terminate the
  8 26 temporary support order.  All support obligations which came
  8 27 due prior to the order terminating temporary support are
  8 28 unaffected by this action and remain a judgment subject to
  8 29 enforcement.
  8 30    Sec. 6.  Section 252A.10, Code 1997, is amended to read as
  8 31 follows:
  8 32    252A.10  COSTS ADVANCED.
  8 33    Actual costs incurred in this state incidental to any
  8 34 action brought under the provisions of this chapter shall be
  8 35 advanced by the initiating party or agency, as appropriate,
  9  1 unless otherwise ordered by the court.  Where the action is
  9  2 brought by an agency of the state or county there shall be no
  9  3 filing fee or court costs of any type either advanced by or
  9  4 charged to the state or county.
  9  5    Sec. 7.  Section 252A.13, Code 1997, is amended to read as
  9  6 follows:
  9  7    252A.13  RECIPIENTS OF PUBLIC ASSISTANCE – ASSIGNMENT OF
  9  8 SUPPORT PAYMENTS.
  9  9    A person entitled to periodic support payments pursuant to
  9 10 an order or judgment entered in a uniform support action under
  9 11 this chapter, who is also a recipient of public assistance, is
  9 12 deemed to have assigned the person's rights to the support
  9 13 payments, to the extent of public assistance received by the
  9 14 person, to the department of human services.  If public
  9 15 assistance is provided by the department of human services to
  9 16 or on behalf of a dependent child or a dependent child's
  9 17 caretaker, there is an assignment by operation of law to the
  9 18 department of any and all rights in, title to, and interest in
  9 19 any support obligation, payment, and arrearages owed to or on
  9 20 behalf of the child or caretaker not to exceed the amount of
  9 21 public assistance paid for or on behalf of the child or
  9 22 caretaker.  The department shall immediately notify the clerk
  9 23 of court by mail when a person entitled to support payments
  9 24 such child or caretaker has been determined to be eligible for
  9 25 public assistance.  Upon notification by the department that a
  9 26 person entitled to periodic support payments pursuant to this
  9 27 chapter is receiving public assistance, the clerk of court
  9 28 shall make a notation of the automatic assignment in the
  9 29 judgment docket and lien index.  The notation constitutes
  9 30 constructive notice of the assignment.  If the applicant for
  9 31 public assistance, for whom public assistance is approved and
  9 32 provided on or after July 1, 1997, is a person other than a
  9 33 parent of the child, the department shall send notice of the
  9 34 assignment by regular mail to the last known addresses of the
  9 35 obligee and obligor.  The clerk of court shall forward support
 10  1 payments received pursuant to section 252A.6, to which the
 10  2 department is entitled, to the department, unless the court
 10  3 has ordered the payments made directly to the department under
 10  4 subsection 12 of that section.  The department may secure
 10  5 support payments in default through other proceedings
 10  6 prescribed in this chapter.  The clerk shall furnish the
 10  7 department with copies of all orders or decrees awarding and
 10  8 temporary domestic abuse orders addressing support to parties
 10  9 having custody of minor children when the parties are
 10 10 receiving public assistance or services are otherwise provided
 10 11 by the child support recovery unit.  Unless otherwise
 10 12 specified in the order, an equal and proportionate share of
 10 13 any child support awarded is presumed to be payable on behalf
 10 14 of each child, subject to the order or judgment, for purposes
 10 15 of an assignment under this section.  
 10 16                             PART B
 10 17    Sec. 8.  Section 252A.1, Code 1997, is amended to read as
 10 18 follows:
 10 19    252A.1  TITLE AND PURPOSE.
 10 20    This chapter may be cited and referred to as the "Uniform
 10 21 Support of Dependents Law".
 10 22    The purpose of this uniform chapter is to secure support in
 10 23 civil proceedings for dependent spouses, children and poor
 10 24 relatives from persons legally responsible for their support.
 10 25    Sec. 9.  Section 252A.2, Code 1997, is amended to read as
 10 26 follows:
 10 27    252A.2  DEFINITIONS.
 10 28    As used in this chapter, unless the context shall require
 10 29 otherwise, the following terms shall have the meanings
 10 30 ascribed to them by this section:
 10 31    1.  "Birth center" means birth center as defined in section
 10 32 135G.2.
 10 33    2.  "Birthing hospital" means a private or public hospital
 10 34 licensed pursuant to chapter 135B that has a licensed
 10 35 obstetric unit or is licensed to provide obstetric services,
 11  1 or a licensed birthing center associated with a hospital.
 11  2    3.  "Child" includes but shall not be limited to a
 11  3 stepchild, foster child or legally adopted child and means a
 11  4 child actually or apparently under eighteen years of age, and
 11  5 a dependent person eighteen years of age or over who is unable
 11  6 to maintain the person's self and is likely to become a public
 11  7 charge.
 11  8    4.  "Court" shall mean and include any court by whatever
 11  9 name known, in any state having reciprocal laws or laws
 11 10 substantially similar to this chapter upon which jurisdiction
 11 11 has been conferred to determine the liability of persons for
 11 12 the support of dependents within and without such state.
 11 13    5.  "Dependent" shall mean and include a spouse, child,
 11 14 mother, father, grandparent or grandchild who is in need of
 11 15 and entitled to support from a person who is declared to be
 11 16 legally liable for such support by the laws of the state or
 11 17 states wherein the petitioner and the respondent reside.
 11 18    6.  "Initiating state" shall mean the state of domicile or
 11 19 residence of the petitioner.
 11 20    7 6.  "Institution" means a birthing hospital or birth
 11 21 center.
 11 22    8 7.  "Petitioner" shall mean and include includes each
 11 23 dependent person for whom support is sought in a proceeding
 11 24 instituted pursuant to this chapter or a mother or putative
 11 25 father of a dependent.  However, in an action brought by the
 11 26 child support recovery unit, the state is the petitioner.
 11 27    8.  "Party" means a petitioner or a respondent.
 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.  Sections 252A.4, 252A.4A, 252A.7, 252A.9,
 23 17 252A.11, 252A.12, 252A.16, 252A.19, 252A.20, 252A.24, and
 23 18 252A.25, Code 1997, are repealed.
 23 19    Sec. 21.  Part B, sections 8 through 20 of this Act, are
 23 20 effective January 1, 1998.  
 23 21                           DIVISION II
 23 22                             PART A
 23 23    Sec. 22.  Section 252B.1, Code 1997, is amended by adding
 23 24 the following new subsection:
 23 25    NEW SUBSECTION.  2A.  "Child support agency" means child
 23 26 support agency as defined in section 252H.2.
 23 27    Sec. 23.  Section 252B.2, Code 1997, is amended to read as
 23 28 follows:
 23 29    252B.2  UNIT ESTABLISHED – INTERVENTION – REVIEW.
 23 30    There is created within the department of human services a
 23 31 child support recovery unit for the purpose of providing the
 23 32 services required in sections 252B.3 to 252B.6.  The unit is
 23 33 not required to intervene in actions to provide such services.
 23 34    Sec. 24.  Section 252B.3, Code 1997, is amended to read as
 23 35 follows:
 24  1    252B.3  DUTY OF DEPARTMENT TO ENFORCE CHILD SUPPORT –
 24  2 COOPERATION – RULES.
 24  3    1.  Upon receipt by the department of an application for
 24  4 public assistance on behalf of a child and determination by
 24  5 the department that the child has been abandoned by its
 24  6 parents or that the child and one parent have been abandoned
 24  7 by the other parent or that the parent or other person
 24  8 responsible for the care, support or maintenance of the child
 24  9 has failed or neglected to give proper care or support to the
 24 10 child is eligible for public assistance and that provision of
 24 11 child support services is appropriate, the department shall
 24 12 take appropriate action under the provisions of this chapter
 24 13 or under other appropriate statutes of this state including
 24 14 but not limited to chapters 239, 252A, 252C, 252D, 252E, 252F,
 24 15 252G, 252H, 252I, 252J, 598, and 600B, to ensure that the
 24 16 parent or other person responsible for the support of the
 24 17 child fulfills the support obligation.  The department shall
 24 18 also take appropriate action as required by federal law upon
 24 19 receiving a request from a child support agency for a child
 24 20 receiving public assistance in another state.
 24 21    2.  The department of human services may negotiate a
 24 22 partial payment of a support obligation with a parent or other
 24 23 person responsible for the support of the child, provided that
 24 24 the negotiation and partial payment are consistent with
 24 25 applicable federal law and regulation.
 24 26    3.  The department shall adopt rules pursuant to chapter
 24 27 17A regarding cases in which, under federal law, it is a
 24 28 condition of eligibility for an individual who is an applicant
 24 29 for or recipient of public assistance to cooperate in good
 24 30 faith with the department in establishing the paternity of, or
 24 31 in establishing, modifying, or enforcing a support order by
 24 32 identifying and locating the parent of the child or enforcing
 24 33 rights to support payments.  The rules shall include all of
 24 34 the following provisions:
 24 35    a.  As required by the unit, the individual shall provide
 25  1 the name of the noncustodial parent and additional necessary
 25  2 information, and shall appear at interviews, hearings, and
 25  3 legal proceedings.
 25  4    b.  If paternity is an issue, the individual and child
 25  5 shall submit to blood or genetic tests pursuant to a judicial
 25  6 or administrative order.
 25  7    c.  The individual may be requested to sign a voluntary
 25  8 affidavit of paternity, after notice of the rights and
 25  9 consequences of such an acknowledgment, but shall not be
 25 10 required to sign an affidavit or otherwise relinquish the
 25 11 right to blood or genetic tests.
 25 12    d.  The unit shall promptly notify the individual and the
 25 13 appropriate division of the department administering the
 25 14 public assistance program of each determination by the unit of
 25 15 noncooperation of the individual and the reason for such
 25 16 determination.
 25 17    e.  A procedure under which the individual may claim that,
 25 18 and the department shall determine whether, the individual has
 25 19 sufficient good cause or other exception for not cooperating,
 25 20 taking into consideration the best interest of the child.
 25 21    4.  Without need for a court order and notwithstanding the
 25 22 requirements of section 598.22A, the support payment ordered
 25 23 pursuant to any chapter shall be satisfied as to the
 25 24 department, the child, and either parent for the period during
 25 25 which the parents are reconciled and are cohabiting, the child
 25 26 for whom support is ordered is living in the same residence as
 25 27 the parents, and the obligor receives public assistance on the
 25 28 obligor's own behalf for the benefit of the child.  The
 25 29 department shall implement this subsection as follows:
 25 30    a.  The unit shall file a notice of satisfaction with the
 25 31 clerk of court.
 25 32    b.  This subsection shall not apply unless all the children
 25 33 for whom support is ordered reside with both parents, except
 25 34 that a child may be absent from the home due to a foster care
 25 35 placement pursuant to chapter 234 or a comparable law of a
 26  1 foreign jurisdiction.
 26  2    c.  The unit shall send notice by regular mail to the
 26  3 obligor when the provisions of this subsection no longer
 26  4 apply.  A copy of the notice shall be filed with the clerk of
 26  5 court.
 26  6    d.  This section shall not limit the rights of the parents
 26  7 or the department to proceed by other means to suspend,
 26  8 terminate, modify, reinstate, or establish support.
 26  9    Sec. 25.  Section 252B.4, unnumbered paragraph 1, Code
 26 10 1997, is amended to read as follows:
 26 11    The child support and paternity determination services
 26 12 established by the department pursuant to this chapter and
 26 13 other appropriate services provided by law including but not
 26 14 limited to the provisions of chapters 239, 252A, 252C, 252D,
 26 15 252E, 252F, 598, and 600B shall be made available by the unit
 26 16 to an individual not otherwise eligible as a public assistance
 26 17 recipient upon application by the individual for the services
 26 18 or upon referral as described in subsection 6.  The
 26 19 application shall be filed with the department.
 26 20    Sec. 26.  Section 252B.4, subsection 3, Code 1997, is
 26 21 amended to read as follows:
 26 22    3.  When Except as provided in paragraph "c", when the unit
 26 23 intercepts a federal tax refund of an obligor for payment of
 26 24 delinquent support and the funds are due to a recipient of
 26 25 services who is not otherwise eligible for public assistance,
 26 26 the unit shall deduct a twenty-five dollar fee from the funds
 26 27 before forwarding the balance to the recipient.
 26 28    a.  The unit shall inform the recipient of the fee under
 26 29 this subsection prior to assessment.
 26 30    b.  The fee shall be assessed only to individuals who
 26 31 receive support from the federal tax refund offset program.
 26 32 If the tax refund due the recipient is less than fifty
 26 33 dollars, the fee shall not be assessed.
 26 34    c.  The unit shall not deduct a twenty-five dollar fee if
 26 35 the recipient is a resident of a foreign country and is
 27  1 eligible for services pursuant to subsection 6, paragraph "b".
 27  2    Sec. 27.  Section 252B.4, Code 1997, is amended by adding
 27  3 the following new subsection:
 27  4    NEW SUBSECTION.  6.  The unit shall also provide child
 27  5 support and paternity determination services and shall respond
 27  6 as provided in federal law for an individual not otherwise
 27  7 eligible as a public assistance recipient if the unit receives
 27  8 a request from any of the following:
 27  9    a.  A child support agency.
 27 10    b.  A foreign reciprocating country or foreign country with
 27 11 which the state has an arrangement as provided in 42 U.S.C. }
 27 12 659A.
 27 13    Sec. 28.  Section 252B.5, subsection 3, Code 1997, is
 27 14 amended to read as follows:
 27 15    3.  Aid in enforcing through court or administrative
 27 16 proceedings an existing court order for support issued
 27 17 pursuant to chapter 252A, 252C, 252F, 598, or 600B, or any
 27 18 other chapter under which child or medical support is granted.
 27 19 The director may enter into a contract with a private
 27 20 collection agency to collect support payments for cases which
 27 21 have been identified by the department as difficult collection
 27 22 cases if the department determines that this form of
 27 23 collection is more cost-effective than departmental collection
 27 24 methods.  A private collection agency with whom the department
 27 25 enters a contract under this subsection shall comply with
 27 26 state and federal confidentiality requirements and debt
 27 27 collection laws.  The director may use a portion of the state
 27 28 share of funds collected through this means to pay the costs
 27 29 of any contract authorized under this subsection.
 27 30    Sec. 29.  Section 252B.5, subsection 7, unnumbered
 27 31 paragraph 1, Code 1997, is amended to read as follows:
 27 32    At the request of either parent who is subject to the order
 27 33 of support or upon its own initiation, review the amount of
 27 34 the support award in accordance with the guidelines
 27 35 established pursuant to section 598.21, subsection 4, and the
 28  1 federal Family Support Act of 1988 Title IV-D of the federal
 28  2 Social Security Act, as amended, and take action to initiate
 28  3 modification proceedings if the criteria established pursuant
 28  4 to this section are met.  However, a review of a support award
 28  5 is not required in those cases for which an assignment ordered
 28  6 pursuant to chapter 234 or 239 is in effect if the child
 28  7 support recovery unit determines that such a review would not
 28  8 be in the best interest of the child and neither parent has
 28  9 requested such review.
 28 10    Sec. 30.  Section 252B.5, subsection 9, Code 1997, is
 28 11 amended to read as follows:
 28 12    9.  The review and adjustment, or modification, or
 28 13 alteration of a support order pursuant to chapter 252H upon
 28 14 adoption of rules pursuant to chapter 17A governing policies
 28 15 and procedures for review and adjustment or modification and
 28 16 periodic notification, at a minimum of once every three years,
 28 17 to parents subject to a support order of their rights to these
 28 18 services.
 28 19    Sec. 31.  Section 252B.5, Code 1997, is amended by adding
 28 20 the following new subsections:
 28 21    NEW SUBSECTION.  10.  The unit shall not establish orders
 28 22 for spousal support.  The unit shall enforce orders for
 28 23 spousal support only if the spouse is the custodial parent of
 28 24 a child for whom the unit is also enforcing a child support or
 28 25 medical support order.
 28 26    NEW SUBSECTION.  11.  a.  Effective October 1, 1997,
 28 27 periodically certify to the secretary of the United States
 28 28 department of health and human services, a list of the names
 28 29 of obligors determined by the unit to owe delinquent child
 28 30 support, under a support order as defined in section 252J.1,
 28 31 in excess of five thousand dollars.  The determination of the
 28 32 delinquent amount owed may be based upon one or more support
 28 33 orders being enforced by the unit if the delinquent support
 28 34 owed exceeds five thousand dollars.  However, the
 28 35 determination shall not include any amounts which are
 29  1 delinquent due to the retroactive application of a modified
 29  2 order.  The certification shall be in a format and shall
 29  3 include any supporting documentation required by the
 29  4 secretary.
 29  5    b.  All of the following shall apply to an action initiated
 29  6 by the unit under this subsection:
 29  7    (1)  At least thirty days prior to provision of
 29  8 certification to the secretary, the unit shall send notice by
 29  9 regular mail to the last known address of the obligor.  The
 29 10 notice shall include all of the following:
 29 11    (a)  A statement that the unit has determined that the
 29 12 obligor owes delinquent child support in excess of five
 29 13 thousand dollars.
 29 14    (b)  A statement that upon certification by the unit to the
 29 15 secretary, the secretary will transmit the certification to
 29 16 the United States secretary of state for denial, revocation,
 29 17 restriction, or limitation of a passport as provided in 42
 29 18 U.S.C. } 652(k).
 29 19    (c)  Information regarding the procedures for challenging
 29 20 the determination by the unit, based upon mistake of fact.
 29 21 For the purposes of this subsection, "mistake of fact" means a
 29 22 mistake in the identity of the obligor or a mistake in the
 29 23 amount of the delinquent child support owed if the amount did
 29 24 not exceed five thousand dollars on the date of the unit's
 29 25 decision on the challenge.
 29 26    (2)  (a)  If the obligor chooses to challenge the
 29 27 determination, the obligor shall submit the challenge in
 29 28 writing to the unit, to be received by the unit within twenty
 29 29 days of the date of the notice to the obligor.  The obligor
 29 30 shall include any relevant information in the written
 29 31 challenge.
 29 32    (b)  Upon timely receipt of the written challenge, the unit
 29 33 shall review the determination for a mistake of fact.
 29 34    (c)  Following review of the determination, the unit shall
 29 35 send a written decision to the obligor within ten days of
 30  1 timely receipt of the written challenge.
 30  2    (i)  If the unit determines that a mistake of fact exists,
 30  3 the unit shall not certify the name of the obligor to the
 30  4 secretary.
 30  5    (ii)  If the unit determines that a mistake of fact does
 30  6 not exist, the unit shall certify the name of the obligor to
 30  7 the secretary no earlier than ten days following the issuance
 30  8 of the decision, unless, within ten days of the issuance of
 30  9 the decision, the obligor requests a contested case proceeding
 30 10 pursuant to chapter 17A or makes a payment for child support
 30 11 so that the amount of delinquent child support no longer
 30 12 exceeds five thousand dollars.
 30 13    (3)  Following issuance of a final decision under chapter
 30 14 17A that no mistake of fact exists, the obligor may request a
 30 15 hearing before the district court in the county where one or
 30 16 more of the support orders upon which the determination is
 30 17 based is filed.  To request a hearing, the obligor shall file
 30 18 a written application with the court contesting the decision
 30 19 and shall send a copy of the application to the unit by
 30 20 regular mail.  Notwithstanding the time specifications of
 30 21 section 17A.19, an application for a hearing shall be filed
 30 22 with the court no later than ten days after issuance of the
 30 23 final decision.  The clerk of the district court shall
 30 24 schedule a hearing and shall mail a copy of the order
 30 25 scheduling the hearing to the obligor and to the unit.  The
 30 26 unit shall certify a copy of its written decision indicating
 30 27 the date of issuance to the court prior to the hearing.  The
 30 28 hearing shall be held within thirty days of the filing of the
 30 29 application.  The filing of an application for a hearing shall
 30 30 stay the certification by the unit to the secretary.  However,
 30 31 if the obligor fails to appear at the scheduled hearing, the
 30 32 stay shall be automatically lifted and the unit shall certify
 30 33 the name of the obligor to the secretary.  The scope of the
 30 34 review by the district court shall be limited to demonstration
 30 35 of a mistake of fact.  Issues related to visitation, custody,
 31  1 or other provisions not related to the support provisions of a
 31  2 support order are not grounds for a hearing under this
 31  3 subsection.
 31  4    c.  Following certification to the secretary, if the unit
 31  5 determines that an obligor no longer owes delinquent child
 31  6 support in excess of five thousand dollars, the unit shall
 31  7 notify the secretary of the change or shall provide
 31  8 information to the secretary as the secretary requires.
 31  9    Sec. 32.  Section 252B.6, subsection 3, Code 1997, is
 31 10 amended to read as follows:
 31 11    3.  Appear on behalf of the state for the purpose of
 31 12 facilitating the modification of support awards consistent
 31 13 with guidelines established pursuant to section 598.21,
 31 14 subsection 4, and the federal Family Support Act of 1988 Title
 31 15 IV-D of the federal Social Security Act.  The unit shall not
 31 16 otherwise participate in the proceeding.
 31 17    Sec. 33.  Section 252B.7, subsection 4, Code 1997, is
 31 18 amended to read as follows:
 31 19    4.  An attorney employed by or under contract with the
 31 20 child support recovery unit represents and acts exclusively on
 31 21 behalf of the state when providing child support enforcement
 31 22 services.  An attorney-client relationship does not exist
 31 23 between the attorney and an individual party, witness, or
 31 24 person other than the state, regardless of the name in which
 31 25 the action is brought.
 31 26    Sec. 34.  Section 252B.7A, subsection 1, paragraph a, Code
 31 27 1997, is amended to read as follows:
 31 28    a.  Income as identified in a signed statement of the
 31 29 parent pursuant to section 252B.9, subsection 1, paragraph
 31 30 "b".  If evidence suggests that the statement is incomplete or
 31 31 inaccurate, the unit may present the evidence to the court in
 31 32 a judicial proceeding or to the administrator in a proceeding
 31 33 under chapter 252C or a comparable chapter, and the court or
 31 34 administrator shall weigh the evidence in setting the support
 31 35 obligation.  Evidence includes but is not limited to income as
 32  1 established under paragraph "c".
 32  2    Sec. 35.  Section 252B.9, Code 1997, is amended to read as
 32  3 follows:
 32  4    252B.9  INFORMATION AND ASSISTANCE FROM OTHERS –
 32  5 AVAILABILITY OF RECORDS.
 32  6    1.  a.  The director may request from state, county and
 32  7 local agencies, information and assistance deemed necessary to
 32  8 carry out the provisions of this chapter.  State, county and
 32  9 local agencies, officers and employees shall co-operate with
 32 10 the unit in locating absent parents of children on whose
 32 11 behalf public assistance is being provided and shall on
 32 12 request supply the department with available information
 32 13 relative to the location, income and property holdings of the
 32 14 absent parent, and the custodial parent, and any other
 32 15 necessary party, notwithstanding any provisions of law making
 32 16 this information confidential.  The cooperation and
 32 17 information required by this subsection shall also be provided
 32 18 to the department when it is requested by the unit on behalf
 32 19 of persons who have applied for support enforcement services a
 32 20 child support agency.  Information required by this subsection
 32 21 includes, but is not limited to, information relative to
 32 22 location, income, property holdings, records of licenses as
 32 23 defined in section 252J.1, and records concerning the
 32 24 ownership and control of corporations, partnerships, and other
 32 25 business entities.  If the information is maintained in an
 32 26 automated database, the unit shall be provided automated
 32 27 access.
 32 28    b.  Parents of a child on whose behalf support enforcement
 32 29 services are provided shall provide information regarding
 32 30 income, resources, financial circumstances, and property
 32 31 holdings to the department for the purpose of establishment,
 32 32 modification, or enforcement of a support obligation.  The
 32 33 department may provide the information to parents of a child
 32 34 as needed to implement the requirements of section 598.21,
 32 35 subsection 4, notwithstanding any provisions of law making
 33  1 this information confidential.
 33  2    c.  Notwithstanding any provisions of law making this
 33  3 information confidential, all entities, including for-profit,
 33  4 nonprofit, and governmental employers, shall, on request,
 33  5 promptly supply the unit or a child support agency information
 33  6 on the employment, compensation, and benefits of any
 33  7 individual employed by such entity as an employee or
 33  8 contractor with relation to whom the unit or a child support
 33  9 agency is providing services.
 33 10    d.  Notwithstanding any provisions of law making this
 33 11 information confidential, the unit may subpoena or a child
 33 12 support agency may use the administrative subpoena form
 33 13 promulgated by the secretary of the United States department
 33 14 of health and human services under 42 U.S.C. } 652(a)(11)(C),
 33 15 to obtain any of the following:
 33 16    (1)  Books, papers, records, or information regarding any
 33 17 financial or other information relating to a paternity or
 33 18 support proceeding.
 33 19    (2)  Certain records held by public utilities and cable
 33 20 television companies with respect to individuals who owe or
 33 21 are owed support, or against or with respect to whom a support
 33 22 obligation is sought, consisting of the names and addresses of
 33 23 such individuals and the names and addresses of the employers
 33 24 of such individuals, as appearing in customer records.  If the
 33 25 records are maintained in automated databases, the unit shall
 33 26 be provided with automated access.
 33 27    e.  The unit or a child support agency may subpoena
 33 28 information for one or more individuals.
 33 29    f.  If the unit or a child support agency issues a request
 33 30 under paragraph "c", or a subpoena under paragraph "d", all of
 33 31 the following shall apply:
 33 32    (1)  The unit or child support agency may issue a request
 33 33 or subpoena to a person or entity by sending it by regular
 33 34 mail.  Proof of service may be completed according to R.C.P.
 33 35 82.
 34  1    (2)  A person who is not a parent or putative father in a
 34  2 paternity or support proceeding, who is issued a request or
 34  3 subpoena, shall be provided an opportunity to refuse to comply
 34  4 for good cause by filing a request for a conference with the
 34  5 unit or child support agency in the manner and within the time
 34  6 specified in rules adopted pursuant to subparagraph (8).
 34  7    (3)  Good cause shall be limited to mistake in the identity
 34  8 of the person, or prohibition under federal law to release
 34  9 such information.
 34 10    (4)  After the conference the unit shall issue a notice
 34 11 finding that the person has good cause for refusing to comply,
 34 12 or a notice finding that the person does not have good cause
 34 13 for failing to comply.  If the person refuses to comply after
 34 14 issuance of notice finding lack of good cause, the person is
 34 15 subject to the following:
 34 16    (a)  For an initial refusal to comply, a penalty of twenty-
 34 17 five dollars.
 34 18    (b)  For a second refusal to comply, a penalty of one
 34 19 hundred dollars and the opportunity to contest the penalty
 34 20 before an administrative law judge.
 34 21    (c)  For a third or subsequent offense, contempt of court
 34 22 proceedings.
 34 23    (5)  If the unit imposes a penalty under subparagraph (4),
 34 24 subparagraph subpart (a), the person may seek contested case
 34 25 proceedings and judicial review pursuant to chapter 17A.
 34 26    (6)  If the unit imposes a penalty of contempt of court,
 34 27 the person may request an original hearing before the district
 34 28 court in the county where the person resides or has its
 34 29 principal place of business.  A person, or the unit, may
 34 30 appeal any final judgment of the district court.
 34 31    (7)  If a parent or putative father fails to comply with a
 34 32 subpoena or request for information, the provisions of chapter
 34 33 252J shall apply.
 34 34    (8)  The unit may adopt rules pursuant to chapter 17A to
 34 35 implement this section.
 35  1    g.  Notwithstanding any provisions of law making this
 35  2 information confidential, the unit or a child support agency
 35  3 shall have access to records and information held by financial
 35  4 institutions with respect to individuals who owe or are owed
 35  5 support, or with respect to whom a support obligation is
 35  6 sought including information on assets and liabilities.  If
 35  7 the records are maintained in automated databases, the unit
 35  8 shall be provided with automated access.  For the purposes of
 35  9 this section, "financial institution" means financial
 35 10 institution as defined in section 252I.1.
 35 11    h.  Notwithstanding any law to the contrary, the unit and a
 35 12 child support agency shall have access to any data maintained
 35 13 by the state of Iowa which contains information that would aid
 35 14 the agency in locating individuals.  Such information shall
 35 15 include, but is not limited to, driver's license, motor
 35 16 vehicle, and criminal justice information.  However, the
 35 17 information does not include criminal investigative reports or
 35 18 intelligence files maintained by law enforcement.  The unit
 35 19 and child support agency shall use or disclose the information
 35 20 obtained pursuant to this paragraph only in accordance with
 35 21 subsection 3.  Criminal history records maintained by the
 35 22 department of public safety shall be disclosed in accordance
 35 23 with chapter 692.
 35 24    i.  Liability shall not arise under this subsection with
 35 25 respect to any disclosure by a person or entity as required by
 35 26 this subsection, and no advance notice from the unit or a
 35 27 child support agency is required prior to requesting
 35 28 information or assistance or issuing a subpoena under this
 35 29 subsection.
 35 30    2.  Notwithstanding other statutory provisions to the
 35 31 contrary, including but not limited to chapters 22 and 217, as
 35 32 the chapters relate to confidentiality of records maintained
 35 33 by the department, the payment records of the collection
 35 34 services center maintained under section 252B.13A are public
 35 35 records only as follows:
 36  1    a.  Payment records of the collection services center which
 36  2 are maintained pursuant to chapter 598 are public records and
 36  3 may be released upon request.
 36  4    b.  Except as otherwise provided in subsection 1, the
 36  5 department shall not release details related to payment
 36  6 records or provide alternative formats for release of the
 36  7 information, with the following additional exceptions:
 36  8    (1)  The unit or collection services center may provide
 36  9 additional detail or present the information in an alternative
 36 10 format to an individual or to the individual's legal repre-
 36 11 sentative if the individual owes or is owed a support obliga-
 36 12 tion, to an agency assigned the obligation as the result of
 36 13 receipt by a party of public assistance, to an agency charged
 36 14 with enforcing child support pursuant to Title IV-D of the
 36 15 federal Social Security Act, or to the court.
 36 16    (2)  For support orders entered in Iowa which are being
 36 17 enforced by the unit, the unit may compile and make available
 36 18 for publication a listing of cases in which no payment has
 36 19 been credited to an accrued or accruing support obligation
 36 20 during a previous three-month period.  Each case on the list
 36 21 shall be identified only by the name of the support obligor,
 36 22 the address, if known, of the support obligor, unless the
 36 23 information pertaining to the address of the support obligor
 36 24 is protected through confidentiality requirements established
 36 25 by law and has not otherwise been verified with the unit, the
 36 26 support obligor's court order docket or case number, the
 36 27 county in which the obligor's support order is filed, the
 36 28 collection services center case numbers, and the range within
 36 29 which the balance of the support obligor's delinquency is
 36 30 established.  The department shall determine dates for the
 36 31 release of information, the specific format of the information
 36 32 released, and the three-month period used as a basis for
 36 33 identifying cases.  The department may not release the
 36 34 information more than twice annually.  In compiling the
 36 35 listing of cases, no prior public notice to the obligor is
 37  1 required, but the unit may send notice annually by mail to the
 37  2 current known address of any individual owing a support
 37  3 obligation which is being enforced by the unit.  The notice
 37  4 shall inform the individual of the provisions of this
 37  5 subparagraph.  Actions taken pursuant to this subparagraph are
 37  6 not subject to review under chapter 17A, and the lack of
 37  7 receipt of a notice does not prevent the unit from proceeding
 37  8 in implementing this subparagraph.
 37  9    (3)  The provisions of subparagraph (2) may be applied to
 37 10 support obligations entered in another state, at the request
 37 11 of an initiating state a child support agency if the
 37 12 initiating state child support agency has demonstrated that
 37 13 the provisions of subparagraph (2) are not in conflict with
 37 14 the laws of the state where the support obligation is entered
 37 15 and the unit is enforcing the support obligation.  For the
 37 16 purposes of this subparagraph, "initiating state" means any
 37 17 child support enforcement agency operating under the
 37 18 provisions of Title IV-D of the federal Social Security Act.
 37 19    3.  Notwithstanding other statutory provisions to the
 37 20 contrary, including but not limited to, chapters 22 and 217,
 37 21 as the chapters relate to the confidentiality of records
 37 22 maintained by the department, information recorded by the
 37 23 department pursuant to this section or obtained by the unit is
 37 24 confidential and, except when prohibited by federal law or
 37 25 regulation, may be used or disclosed as provided in subsection
 37 26 1, paragraph "b" and "h", and subsection 2, and as follows:
 37 27    c a.  The attorney general may utilize the information of
 37 28 the unit to secure, modify, or enforce a support obligation of
 37 29 an individual, unless otherwise prohibited by federal law.
 37 30    d b.  This subsection shall not permit or require the
 37 31 release of information contained in the case records of the
 37 32 unit, except to the extent provided in this section.
 37 33    c.  The unit may release or disclose information as
 37 34 necessary to provide services under section 252B.5, as
 37 35 provided by Title IV-D of the federal Social Security Act, as
 38  1 amended, or as required by federal law.
 38  2    d.  After contact with the requesting party, information on
 38  3 the location of a party may be released to a party unless the
 38  4 unit has or obtains knowledge of a protective order against
 38  5 the requesting party with respect to a nonrequesting party, or
 38  6 unless the unit has or obtains reasonable evidence of domestic
 38  7 violence or child abuse or reason to believe that the release
 38  8 of the information may result in physical or emotional harm to
 38  9 a nonrequesting party or a child, and if one of the following
 38 10 conditions is met:
 38 11    (1)  Release of the information is required by federal law
 38 12 or regulation.
 38 13    (2)  Release of the information is required by chapter
 38 14 252K.
 38 15    (3)  The requesting party demonstrates a need for that
 38 16 information to notify a nonrequesting party of a proceeding
 38 17 relating to a child who is subject to a paternity or support
 38 18 order being enforced by the unit for a child of the parties.
 38 19    e.  Information may be released if directly connected with
 38 20 any of the following:
 38 21    (1)  The administration of the plan or program approved
 38 22 under Title I, IV-A, IV-B, IV-D, IV-E, X, XIV, XVI, XIX, or
 38 23 XX, or the supplemental security income program established
 38 24 under Title XVI of the federal Social Security Act, as
 38 25 amended.
 38 26    (2)  Any investigations, prosecutions, or criminal or civil
 38 27 proceeding conducted in connection with the administration of
 38 28 any such plan or program.
 38 29    (3)  The administration of any other federal or federally
 38 30 assisted program which provides assistance in cash or in kind
 38 31 or provides services, directly to individuals on the basis of
 38 32 need.
 38 33    (4)  Reporting to an appropriate agency or official,
 38 34 information on known or suspected instances of physical or
 38 35 mental injury, sexual abuse or exploitation, or negligent
 39  1 treatment or maltreatment of a child who is the subject of a
 39  2 child support enforcement action under circumstances which
 39  3 indicate that the child's health or welfare is threatened.
 39  4    3. f.  Except as otherwise provided in subsection 1,
 39  5 paragraph "b", and in subsection 2, information recorded by
 39  6 the department pursuant to this section shall be available
 39  7 only to the unit, attorneys prosecuting a case in which the
 39  8 unit may participate according to sections 252B.5 and 252B.6,
 39  9 Information may be released to courts having jurisdiction in
 39 10 support or abandonment proceedings, and agencies in other
 39 11 states charged with support collection and paternity
 39 12 determination responsibilities as determined by the rules of
 39 13 the department and the provisions of Title IV of the federal
 39 14 Social Security Act.  However, information relating to the
 39 15 location of an absent parent shall be made available, pursuant
 39 16 to federal regulations, to a resident parent, legal guardian,
 39 17 attorney, or agent of a child who is not receiving assistance
 39 18 under Title IV-A of the federal Social Security Act.  Unless
 39 19 otherwise prohibited by federal statute or regulation, the
 39 20    g.  The child support recovery unit shall release
 39 21 information relating to an absent parent to another unit of
 39 22 the department pursuant to a written request for the
 39 23 information approved by the director or the director's
 39 24 designee.
 39 25    h.  For purposes of this subsection, "party" means an
 39 26 absent parent, obligor, resident parent, or other necessary
 39 27 party.
 39 28    Sec. 36.  Section 252B.10, subsection 2, Code 1997, is
 39 29 amended to read as follows:
 39 30    2.  Any reasonable grounds for belief that a public
 39 31 employee has violated any provision of this chapter shall be
 39 32 grounds for immediate removal from all access to paternity
 39 33 determination and support collection data available through or
 39 34 recorded under section 252B.9.
 39 35    Sec. 37.  Section 252B.13A, Code 1997, is amended to read
 40  1 as follows:
 40  2    252B.13A  COLLECTION SERVICES CENTER.
 40  3    The department shall establish within the unit a collection
 40  4 services center for the receipt and disbursement of support
 40  5 payments as defined in section 252D.16A or 598.1 as required
 40  6 for orders by section 252B.14.  For purposes of this section,
 40  7 support payments do not include attorney fees, court costs, or
 40  8 property settlements.
 40  9    Sec. 38.  Section 252B.14, subsection 1, Code 1997, is
 40 10 amended to read as follows:
 40 11    1.  For the purposes of this section, "support order"
 40 12 includes any order entered pursuant to chapter 234, 252A,
 40 13 252C, 598, 600B, or any other support chapter or proceeding
 40 14 which establishes support payments as defined in section
 40 15 252D.16A or 598.1.  
 40 16                             PART B
 40 17    Sec. 39.  Section 252B.6, subsections 1, 2, and 4, Code
 40 18 1997, are amended to read as follows:
 40 19    1.  Represent the child state in obtaining a support order
 40 20 necessary to meet the child's needs or in enforcing a similar
 40 21 order previously entered.
 40 22    2.  Appear as a friend of the court Represent the state's
 40 23 interest in obtaining support for a child in dissolution of
 40 24 marriage and separate maintenance proceedings, or proceedings
 40 25 supplemental thereto to these proceedings or any other support
 40 26 proceedings, when either or both of the parties to the
 40 27 proceedings are receiving public assistance, for the purpose
 40 28 of advising the court of the financial interest of the state
 40 29 in the proceeding.
 40 30    4.  If public assistance has been applied for or granted on
 40 31 behalf of a child of parents who are legally separated or
 40 32 whose marriage has been legally dissolved, the unit may apply
 40 33 Apply to the district court for a court order directing either
 40 34 or both parents to show cause for the following: or initiate
 40 35 an administrative action, as necessary, to obtain, enforce, or
 41  1 modify support.
 41  2    a.  Why an order of support for the child should not be
 41  3 entered, or
 41  4    b.  Why the parent should not be held in contempt for
 41  5 failure to comply with a support order previously entered.
 41  6    Sec. 40.  Section 252B.7, subsection 1, paragraph b, Code
 41  7 1997, is amended to read as follows:
 41  8    b.  Cases under chapter 252A, the Uniform Support of
 41  9 Dependents Law.
 41 10    Sec. 41.  Section 252B.12, Code 1997, is amended to read as
 41 11 follows:
 41 12    252B.12  JURISDICTION OVER NONRESIDENT PARENTS.
 41 13    In an action to establish paternity or to establish or
 41 14 enforce a child support obligation, or to modify a support
 41 15 order, a nonresident person is subject to the jurisdiction of
 41 16 the courts of this state upon service of process of original
 41 17 notice in accordance with the rules of civil procedure, Iowa
 41 18 court rules, third edition, if any of the following
 41 19 circumstances exists: as specified in section 252K.201.
 41 20    1.  Any circumstance in which the nonresident has the
 41 21 necessary minimum contact with this state for the exercise of
 41 22 jurisdiction, consistent with the constitutions of this state
 41 23 and the United States.
 41 24    2.  The affected child was conceived in this state while at
 41 25 least one of the parents was a resident of this state and the
 41 26 nonresident is the parent or alleged parent of the child.
 41 27    3.  The affected child resides in this state as a result of
 41 28 the acts or directives or with the approval of the
 41 29 nonresident.
 41 30    4.  The nonresident has resided with the affected child in
 41 31 this state.
 41 32    Sec. 42.  Part B, sections 39 through 41 of this Act, are
 41 33 effective January 1, 1998.  
 41 34                          DIVISION III
 41 35    Sec. 43.  Section 252C.2, subsections 1 and 2, Code 1997,
 42  1 are amended to read as follows:
 42  2    1.  By accepting If public assistance for is provided by
 42  3 the department to or on behalf of a dependent child or a
 42  4 dependent child's caretaker, the recipient is deemed to have
 42  5 made there is an assignment by operation of law to the
 42  6 department of any and all rights in, title to, and interest in
 42  7 any support obligation and, payment, and arrearages owed to or
 42  8 for the child or caretaker up to the amount of public
 42  9 assistance paid for or on behalf of the child or caretaker.
 42 10 Unless otherwise specified in the order, an equal and
 42 11 proportionate share of any child support awarded is presumed
 42 12 to be payable on behalf of each child subject to the order or
 42 13 judgment for purposes of an assignment under this section.
 42 14    2.  The payment of public assistance to or for the benefit
 42 15 of a dependent child or a dependent child's caretaker creates
 42 16 a support debt due and owing to the department by the
 42 17 responsible person in an amount equal to the public assistance
 42 18 payment, except that the support debt is limited to the amount
 42 19 of a support obligation established by court order or by the
 42 20 administrator.  The administrator may establish a support debt
 42 21 as to amounts accrued and accruing pursuant to section 598.21,
 42 22 subsection 4.  However, when establishing a support debt is
 42 23 not created in favor of the department obligation against a
 42 24 responsible person, no debt shall be created for the period
 42 25 during which the responsible person is a recipient on the
 42 26 person's own behalf of public assistance for the benefit of
 42 27 the dependent child or the dependent child's caretaker., if
 42 28 any of the following conditions exist:
 42 29    a.  The parents have reconciled and are cohabiting, and the
 42 30 child for whom support would otherwise be sought is living in
 42 31 the same residence as the parents.
 42 32    b.  The child is living with the parent from whom support
 42 33 would otherwise be sought.
 42 34    Sec. 44.  Section 252C.7, Code 1997, is repealed.  
 42 35                           DIVISION IV
 43  1                             PART A
 43  2    Sec. 45.  Section 252D.1, Code 1997, is amended to read as
 43  3 follows:
 43  4    252D.1  SUPPORT DEFINITION – DELINQUENT SUPPORT PAYMENTS
 43  5 – ASSIGNMENT OF INCOME.
 43  6    1.  As used in this chapter, unless the context otherwise
 43  7 requires, "support" or "support payments" means any amount
 43  8 which the court may require a person to pay for the benefit of
 43  9 a child under a temporary order or a final judgment or decree,
 43 10 and may include child support, maintenance, medical support as
 43 11 defined in chapter 252E, and, if contained in a child support
 43 12 order, spousal support, and any other term used to describe
 43 13 these obligations.  These obligations may include support for
 43 14 a child who is between the ages of eighteen and twenty-two
 43 15 years and who is regularly attending an accredited school in
 43 16 pursuance of a course of study leading to a high school
 43 17 diploma or its equivalent, or regularly attending a course of
 43 18 vocational technical training either as a part of a regular
 43 19 school program or under special arrangements adapted to the
 43 20 individual person's needs, or is, in good faith, a full-time
 43 21 student in a college, university, or community college, or has
 43 22 been accepted for admission to a college, university, or
 43 23 community college and the next regular term has not yet begun;
 43 24 and may include support for a child of any age who is
 43 25 dependent on the parties to the dissolution proceedings
 43 26 because of physical or mental disability.
 43 27    2.  If support payments ordered under chapter 232, 234,
 43 28 252A, 252C, 252D, 252E, 252F, 598, 600B, or any other
 43 29 applicable chapter, or under a comparable statute of a foreign
 43 30 jurisdiction, as certified to the child support recovery unit
 43 31 established in section 252B.2, are not paid to the clerk of
 43 32 the district court or the collection services center pursuant
 43 33 to section 598.22 and become delinquent in an amount equal to
 43 34 the payment for one month, the child support recovery unit may
 43 35 enter an ex parte order or, upon application of a person
 44  1 entitled to receive the support payments, the child support
 44  2 recovery unit or the district court may enter an ex parte
 44  3 order, notifying the person whose income is to be assigned
 44  4 withheld, of the delinquent amount, of the amount of income,
 44  5 wages, compensation, or benefits to be withheld, and of the
 44  6 procedure to file a motion to quash the order of assignment
 44  7 for income withholding, and shall order an assignment of
 44  8 income requiring ordering the withholding of specified sums to
 44  9 be deducted from the delinquent person's periodic earnings,
 44 10 trust income, compensation, benefits, or other income as
 44 11 defined in section 252D.16A sufficient to pay the support
 44 12 obligation and, except as provided in section 598.22,
 44 13 requiring the payment of such sums to the clerk of the
 44 14 district court or the collection services center.
 44 15 Notification of income withholding shall be provided to the
 44 16 obligor and to the payor of earnings, trust income, or other
 44 17 income pursuant to section 252D.17.
 44 18    3.  A person entitled by court order to receive support
 44 19 payments or a person responsible for enforcing such a court
 44 20 order may petition the clerk of the district court for an
 44 21 assignment of income.  If the petition is verified and
 44 22 establishes that support payments are delinquent in an amount
 44 23 equal to the payment for one month and if the clerk of the
 44 24 district court determines, after providing an opportunity for
 44 25 a hearing, that notice of the mandatory assignment of income
 44 26 as provided in section 252D.3 has been given, the clerk of the
 44 27 district court shall order an assignment of income under
 44 28 subsection 2.
 44 29    Sec. 46.  Section 252D.3, Code 1997, is amended to read as
 44 30 follows:
 44 31    252D.3  NOTICE OF ASSIGNMENT INCOME WITHHOLDING.
 44 32    All orders for support entered on or after July 1, 1984
 44 33 shall notify the person ordered to pay support of the
 44 34 mandatory assignment withholding of income required under
 44 35 section 252D.1.  However, for orders for support entered
 45  1 before July 1, 1984, the clerk of the district court, the
 45  2 child support recovery unit, or the person entitled by the
 45  3 order to receive the support payments, shall notify each
 45  4 person ordered to pay support under such orders of the
 45  5 mandatory assignment withholding of income required under
 45  6 section 252D.1.  The notice shall be sent by certified mail to
 45  7 the person's last known address or the person shall be
 45  8 personally served with the notice in the manner provided for
 45  9 service of an original notice at least fifteen days prior to
 45 10 the filing of a petition under section 252D.1, subsection 3 or
 45 11 the ordering of an assignment of income withholding under
 45 12 section 252D.1, subsection 2 or 3.  A person ordered to pay
 45 13 support may waive the right to receive the notice at any time.
 45 14    Sec. 47.  Section 252D.9, Code 1997, is amended to read as
 45 15 follows:
 45 16    252D.9  SUMS SUBJECT TO IMMEDIATE WITHHOLDING.
 45 17    Specified sums shall be deducted from the obligor's
 45 18 earnings, trust income, or other income sufficient to pay the
 45 19 support obligation and any judgment established or delinquency
 45 20 accrued under the support order.  The amount withheld pursuant
 45 21 to an assignment of income withholding order or notice of
 45 22 order for income withholding shall not exceed the amount
 45 23 specified in 15 U.S.C. } 1673(b).
 45 24    Sec. 48.  Section 252D.10, Code 1997, is amended to read as
 45 25 follows:
 45 26    252D.10  NOTICE OF ASSIGNMENT IMMEDIATE INCOME WITHHOLDING.
 45 27    The notice requirements of section 252D.3 do not apply to
 45 28 this subchapter.  An order for support entered after November
 45 29 1, 1990, shall contain the notice of immediate income
 45 30 withholding.  However, this subchapter is sufficient notice
 45 31 for implementation of immediate income withholding without any
 45 32 further notice.
 45 33    Sec. 49.  NEW SECTION.  252D.16A  DEFINITIONS.
 45 34    As used in this chapter, unless the context otherwise
 45 35 requires:
 46  1    1. "Income" means all of the following:
 46  2    a.  Any periodic form of payment due an individual,
 46  3 regardless of source, including but not limited to wages,
 46  4 salaries, commissions, bonuses, worker's compensation,
 46  5 disability payments, payments pursuant to a pension or
 46  6 retirement program, and interest.
 46  7    b.  A sole payment or lump sum as provided in section
 46  8 252D.18C.
 46  9    c.  Irregular income as defined in section 252D.18B.
 46 10    2.  "Payor of income" or "payor" means and includes, but is
 46 11 not limited to, an obligor's employer, trustee, the state of
 46 12 Iowa and all governmental subdivisions and agencies and any
 46 13 other person from whom an obligor receives income.
 46 14    3.  "Support" or "support payments" means any amount which
 46 15 the court or administrative agency may require a person to pay
 46 16 for the benefit of a child under a temporary order or a final
 46 17 judgment or decree, and may include child support,
 46 18 maintenance, medical support as defined in chapter 252E,
 46 19 spousal support, and any other term used to describe these
 46 20 obligations.  These obligations may include support for a
 46 21 child of any age who is dependent on the parties to the
 46 22 dissolution proceedings because of physical or mental
 46 23 disability.  The obligations may include support for a child
 46 24 eighteen or more years of age with respect to whom a child
 46 25 support order has been issued pursuant to the laws of a
 46 26 foreign jurisdiction.
 46 27    Sec. 50.  Section 252D.17, Code 1997, is amended to read as
 46 28 follows:
 46 29    252D.17  NOTICE TO EMPLOYER OR INCOME PAYOR OF INCOME –
 46 30 DUTIES AND LIABILITY – CRIMINAL PENALTY.
 46 31    The district court shall provide notice by sending a copy
 46 32 of the order for income withholding or a notice of the order
 46 33 for income withholding to the obligor and the obligor's
 46 34 employer, trustee, or other payor of income by regular mail,
 46 35 with proof of service completed according to rule of civil
 47  1 procedure 82.  The child support recovery unit shall provide
 47  2 notice of the income withholding order by sending a notice of
 47  3 the order to the obligor's employer, trustee, or other payor
 47  4 of income by regular mail or by electronic means.  Proof of
 47  5 service may be completed according to rule of civil procedure
 47  6 82.  The order or the child support recovery unit's notice of
 47  7 the order may be sent to the employer, trustee, or other payor
 47  8 of income on the same date that the order is sent to the clerk
 47  9 of court for filing.  In all other instances, the income
 47 10 withholding order shall be filed with the clerk of court prior
 47 11 to sending the notice of the order to the payor of income.  In
 47 12 addition to the amount to be withheld for payment of support,
 47 13 the order or the child support recovery unit's notice of the
 47 14 order shall be in a standard format as prescribed by the unit
 47 15 and shall include all of the following information regarding
 47 16 the duties of the payor in implementing the withholding order:
 47 17    1.  The withholding order or notice of the order for income
 47 18 withholding for child support or child support and spousal
 47 19 support has priority over a garnishment or an assignment for a
 47 20 any other purpose other than the support of the dependents in
 47 21 the court order being enforced.
 47 22    2.  As reimbursement for the payor's processing costs, the
 47 23 payor may deduct a fee of no more than two dollars for each
 47 24 payment in addition to the amount withheld for support.  The
 47 25 payor of income is not required to vary the payroll cycle to
 47 26 comply with the frequency of payment of a support order.
 47 27    3.  The amount withheld for support, including the
 47 28 processing fee, shall not exceed the amounts specified in 15
 47 29 U.S.C. } 1673(b).
 47 30    4.  The income withholding order is binding on an existing
 47 31 or future employer, trustee, or other payor of income ten days
 47 32 after receipt of the copy of the order or the child support
 47 33 recovery unit's notice of the order, and is binding whether or
 47 34 not the copy of the order received is file-stamped.
 47 35    5.  The payor shall send the amounts withheld to the
 48  1 collection services center or the clerk of the district court
 48  2 within ten working seven business days of the date the obligor
 48  3 is paid.  "Business day" means a day on which state offices
 48  4 are open for regular business.
 48  5    6.  The payor may combine amounts withheld from the
 48  6 obligor's wages obligors' income in a single payment to the
 48  7 clerk of the district court or to the collection services
 48  8 center, as appropriate.  Whether combined or separate,
 48  9 payments shall be identified by the name of the obligor,
 48 10 account number, amount, and the date withheld.  If payments
 48 11 for multiple obligors are combined, the portion of the payment
 48 12 attributable to each obligor shall be specifically identified.
 48 13    7.  The payor shall deliver or send a copy of the order or
 48 14 the child support recovery unit's notice of the order to the
 48 15 obligor within one business day after receipt of the order or
 48 16 the child support recovery unit's notice of the order.
 48 17    8. 7.  The withholding is binding on the payor until
 48 18 further notice by the court or the child support recovery
 48 19 unit.
 48 20    9. 8.  If the payor knowingly fails to withhold income or
 48 21 to pay the amounts withheld to the collection services center
 48 22 or the clerk of court in accordance with the provisions of the
 48 23 order or the child support recovery unit's notice of the
 48 24 order, the payor commits a simple misdemeanor and is liable
 48 25 for the accumulated amount which should have been withheld,
 48 26 together with costs, interest, and reasonable attorney fees
 48 27 related to the collection of the amounts due from the payor.
 48 28    10. 9.  The payor shall promptly notify the court or the
 48 29 child support recovery unit when the obligor's employment or
 48 30 other income terminates, and provide the obligor's last known
 48 31 address and the name and address of the obligor's new
 48 32 employer, if known.
 48 33    11. 10.  Any payor who discharges an obligor, refuses to
 48 34 employ an obligor, or takes disciplinary action against an
 48 35 obligor based upon income withholding is guilty of a simple
 49  1 misdemeanor.  A withholding order or the child support
 49  2 recovery unit's notice of the order for income withholding has
 49  3 the same force and effect as any other district court order,
 49  4 including, but not limited to, contempt of court proceedings
 49  5 for noncompliance.
 49  6    11.  a.  Beginning July 1, 1997, if a payor of income does
 49  7 business in another state through a registered agent and
 49  8 receives a notice of income withholding issued by another
 49  9 state the payor shall, and beginning January 1, 1998, any
 49 10 payor of income shall withhold funds as directed in a notice
 49 11 issued by another state, except that a payor of income shall
 49 12 follow the laws of the obligor's principal place of employment
 49 13 when determining all of the following:
 49 14    (1)  The payor's fee for processing an income withholding
 49 15 payment.
 49 16    (2)  The maximum amount permitted to be withheld from the
 49 17 obligor's income.
 49 18    (3)  The time periods for implementing the income
 49 19 withholding order and forwarding the support payments.
 49 20    (4)  The priorities for withholding and allocating income
 49 21 withheld for multiple child support obligees.
 49 22    (5)  Any withholding terms or conditions not specified in
 49 23 the order.
 49 24    b.  A payor of income who complies with an income
 49 25 withholding notice that is regular on its face shall not be
 49 26 subject to any civil liability to any individual or agency for
 49 27 conduct in compliance with the notice.
 49 28    Sec. 51.  NEW SECTION.  252D.17A  NOTICE TO OBLIGOR OF
 49 29 IMPLEMENTATION OF INCOME WITHHOLDING ORDER.
 49 30    The child support recovery unit or the district court shall
 49 31 send a notice of the income withholding order to the obligor
 49 32 at the time the notice is sent to the payor of income.
 49 33    Sec. 52.  Section 252D.18A, unnumbered paragraph 1, Code
 49 34 1997, is amended to read as follows:
 49 35    When the obligor is responsible for paying more than one
 50  1 support obligation and the employer or the income payor of
 50  2 income has received more than one income withholding order or
 50  3 the child support recovery unit's notice of an order for the
 50  4 obligor, the payor shall withhold amounts in accordance with
 50  5 all of the following:
 50  6    Sec. 53.  Section 252D.18A, subsection 3, paragraph a, Code
 50  7 1997, is amended to read as follows:
 50  8    a.  To arrive at the amount to be withheld for each
 50  9 obligee, the payor shall total the amounts due for current
 50 10 support under the income withholding orders and the child
 50 11 support recovery unit's notices of orders and determine the
 50 12 proportionate share for each obligee.  The proportionate share
 50 13 shall be determined by dividing the amount due for current
 50 14 support for each order or child support recovery unit's notice
 50 15 of order by the total due for current support for all orders
 50 16 and child support recovery unit's notices of orders.  The
 50 17 results are the percentages of the obligor's net income which
 50 18 shall be withheld for each obligee.
 50 19    Sec. 54.  NEW SECTION.  252D.19A  DISPARITY BETWEEN ORDER
 50 20 AND PAY DATES – NOT DELINQUENT.
 50 21    1.  An obligor whose support payments are automatically
 50 22 withheld from the obligor's paycheck shall not be delinquent
 50 23 or in arrears if all of the following conditions are met:
 50 24    a.  Any delinquency or arrearage is caused solely by a
 50 25 disparity between the schedules of the obligor's regular pay
 50 26 dates and the scheduled date the support is due.
 50 27    b.  The amount calculated to be withheld is such that the
 50 28 total amount of current support to be withheld from the
 50 29 paychecks of the obligor and the amount ordered to be paid in
 50 30 the support order are the same on an annual basis.
 50 31    c.  The automatic deductions for support are continuous and
 50 32 occurring.
 50 33    2.  If the unit takes an enforcement action during a
 50 34 calendar year against an obligor and the obligor is not
 50 35 delinquent or in arrears solely due to the applicability of
 51  1 this section to the obligor, upon discovering the
 51  2 circumstances, the unit shall promptly discontinue the
 51  3 enforcement action.
 51  4    Sec. 55.  Section 252D.21, Code 1997, is amended to read as
 51  5 follows:
 51  6    252D.21  PENALTY FOR MISREPRESENTATION.
 51  7    A person who knowingly makes a false statement or
 51  8 representation of a material fact or knowingly fails to
 51  9 disclose a material fact in order to secure an assignment of
 51 10 income withholding order or notice of income withholding
 51 11 against another person and to receive support payments or
 51 12 additional support payments pursuant to this chapter, is
 51 13 guilty, upon conviction, of a serious misdemeanor.
 51 14    Sec. 56.  Section 252D.23, Code 1997, is amended to read as
 51 15 follows:
 51 16    252D.23  FILING OF WITHHOLDING ORDER – ORDER EFFECTIVE AS
 51 17 DISTRICT COURT ORDER.
 51 18    An income withholding order entered by the child support
 51 19 recovery unit pursuant to this chapter shall be filed with the
 51 20 clerk of the district court.  For the purposes of
 51 21 demonstrating compliance by the employer, trustee, or other
 51 22 payor of income, the copy of the withholding order or the
 51 23 child support recovery unit's notice of the order received,
 51 24 whether or not the copy of the order is file-stamped, shall
 51 25 have all the force, effect, and attributes of a docketed order
 51 26 of the district court including, but not limited to,
 51 27 availability of contempt of court proceedings against an
 51 28 employer, trustee, or other a payor of income for
 51 29 noncompliance.  However, any information contained in the
 51 30 income withholding order or the child support recovery unit's
 51 31 notice of the order related to the amount of the accruing or
 51 32 accrued support obligation which does not reflect the correct
 51 33 amount of support due does not modify the underlying support
 51 34 judgment.
 51 35    Sec. 57.  NEW SECTION.  252D.31  MOTION TO QUASH.
 52  1    An obligor under this chapter may move to quash an income
 52  2 withholding order or a notice of income withholding by filing
 52  3 a motion to quash with the clerk of court.
 52  4    1.  Grounds for contesting a withholding order under this
 52  5 chapter include all of the following:
 52  6    a.  A mistake of fact, which for purposes of this chapter
 52  7 means an error in the amount withheld or the amount of the
 52  8 withholding or the identity of the obligor.
 52  9    b.  For immediate withholding only, the conditions for
 52 10 exception to immediate income withholding as defined under
 52 11 section 252D.8 existed at the time of implementation of the
 52 12 withholding.
 52 13    2.  The clerk of the district court shall schedule a
 52 14 hearing on the motion to quash for a time not later than seven
 52 15 days after the filing of the motion to quash and the notice of
 52 16 the motion to quash.  The clerk shall mail to the parties
 52 17 copies of the motion to quash, the notice of the motion to
 52 18 quash, and the order scheduling the hearing.
 52 19    3.  The payor shall withhold and transmit the amount
 52 20 specified in the order or notice of the order of income
 52 21 withholding to the clerk of the district court or the
 52 22 collection services center, as appropriate, until the notice
 52 23 that a motion to quash has been granted is received.
 52 24    Sec. 58.  Sections 252D.2 and 252D.11, Code 1997, are
 52 25 repealed.  
 52 26                             PART B
 52 27    Sec. 59.  Section 252D.17, Code 1997, is amended by adding
 52 28 the following new subsection:
 52 29    NEW SUBSECTION.  12.  The payor of income shall comply with
 52 30 chapter 252K when receiving a notice of income withholding
 52 31 from another state.
 52 32    Sec. 60.  Section 252D.24, subsection 3, Code 1997, is
 52 33 amended to read as follows:
 52 34    3.  Income withholding for a support order issued by a
 52 35 foreign jurisdiction is subject to the law and procedures for
 53  1 income withholding of the jurisdiction where the income
 53  2 withholding order is implemented.  With respect to when the
 53  3 obligor becomes subject to withholding, however, the law and
 53  4 procedures of the jurisdiction where the support order was
 53  5 entered apply governed by chapter 252K, articles V or VI, and
 53  6 this chapter, as appropriate.
 53  7    Sec. 61.  Part B, sections 59 and 60 of this Act, are
 53  8 effective January 1, 1998.  
 53  9                           DIVISION V
 53 10    Sec. 62.  Section 252E.2, subsection 2, unnumbered
 53 11 paragraph 1, Code 1997, is amended to read as follows:
 53 12    An insurer who is subject to the federal Omnibus Budget
 53 13 Reconciliation Act of 1993, section 4301 Employee Retirement
 53 14 Income Security Act, as codified in 42 U.S.C. } 1936g-1 29
 53 15 U.S.C. } 1169, shall provide benefits in accordance with that
 53 16 section which meet the requirements of a qualified medical
 53 17 child support order.  For the purposes of this subsection
 53 18 "qualified medical child support order" means a child support
 53 19 order which creates or recognizes the existence of a child's
 53 20 right to, or assigns to a child the right to, receive benefits
 53 21 for which a participant or child is eligible under a group
 53 22 health plan and which specifies the following:
 53 23    Sec. 63.  Section 252E.4, subsection 1, Code 1997, is
 53 24 amended to read as follows:
 53 25    1.  When a support order requires an obligor to provide
 53 26 coverage under a health benefit plan, the district court or
 53 27 the department may enter an ex parte order directing an
 53 28 employer to take all actions necessary to enroll an obligor's
 53 29 dependent for coverage under a health benefit plan or may
 53 30 include the provisions in an ex parte income withholding order
 53 31 or notice of income withholding pursuant to chapter 252D.  The
 53 32 department may amend the information in the ex parte order
 53 33 regarding health insurance provisions if necessary to comply
 53 34 with health insurance requirements including but not limited
 53 35 to the provisions of section 252E.2, subsection 2.
 54  1    Sec. 64.  NEW SECTION.  252E.6A  MOTION TO QUASH.
 54  2    1.  An obligor may move to quash the order to the employer
 54  3 under section 252E.4 by following the same procedures and
 54  4 alleging a mistake of a fact as provided in section 252D.31.
 54  5 If the unit is enforcing an income withholding order and a
 54  6 medical support order simultaneously, any challenge to the
 54  7 income withholding order and medical support enforcement shall
 54  8 be filed and heard simultaneously.
 54  9    2.  The employer shall comply with the requirements of this
 54 10 chapter until the employer receives notice that a motion to
 54 11 quash has been granted.
 54 12    Sec. 65.  Section 252E.13, subsection 2, Code 1997, is
 54 13 amended to read as follows:
 54 14    2.  In addition, if an administrative a support order
 54 15 entered pursuant to chapter 252C does not provide medical
 54 16 support as defined in this chapter or equivalent medical
 54 17 support, the department or a party to the order may obtain a
 54 18 medical support order pursuant to chapter 252C seek a
 54 19 modification of the order.  A medical support order obtained
 54 20 pursuant to chapter 252C may be an additional or separate
 54 21 support judgment and shall be known as an administrative order
 54 22 for medical support.  
 54 23                           DIVISION VI
 54 24    Sec. 66.  Section 252F.3, subsection 1, paragraph f,
 54 25 subparagraph (2), subparagraph subpart (c), Code 1997, is
 54 26 amended to read as follows:
 54 27    (c)  If paternity was contested and paternity testing was
 54 28 conducted, and the putative father does not deny paternity
 54 29 after the testing or challenge the paternity test results, ten
 54 30 twenty days from the date paternity test results are issued or
 54 31 mailed by the unit to the putative father.
 54 32    Sec. 67.  Section 252F.3, subsection 1, paragraph f,
 54 33 subparagraph (4), subparagraph subpart (c), Code 1997, is
 54 34 amended to read as follows:
 54 35    (c)  If paternity was contested and paternity testing
 55  1 conducted, and the putative father does not deny paternity
 55  2 after the testing or challenge the paternity test results, ten
 55  3 twenty days from the date the paternity test results are
 55  4 issued or mailed to the putative father by the unit.
 55  5    Sec. 68.  Section 252F.3, subsection 1, paragraph g, Code
 55  6 1997, is amended to read as follows:
 55  7    g.  A statement that if a conference is not requested, and
 55  8 the putative father does not deny paternity or challenge the
 55  9 results of any paternity testing conducted but objects to the
 55 10 finding of financial responsibility or the amount of child
 55 11 support or medical support, or both, the putative father shall
 55 12 send a written request for a court hearing on the issue of
 55 13 support to the unit within twenty days of the date of service
 55 14 of the original notice, or, if paternity was contested and
 55 15 paternity testing conducted, and the putative father does not
 55 16 deny paternity after the testing or challenge the paternity
 55 17 test results, within ten twenty days from the date the
 55 18 paternity test results are issued or mailed to the putative
 55 19 father by the unit, whichever is later.
 55 20    Sec. 69.  Section 252F.3, subsection 4, paragraphs b and c,
 55 21 Code 1997, are amended to read as follows:
 55 22    b.  If paternity establishment was contested and paternity
 55 23 tests conducted, a court hearing on the issue of paternity
 55 24 shall be scheduled held no earlier than fifty thirty days from
 55 25 the date paternity test results are issued to all parties by
 55 26 the unit, unless the parties mutually agree to waive the time
 55 27 frame pursuant to section 252F.8.
 55 28    c.  If a court hearing is scheduled regarding the issue of
 55 29 paternity establishment, any Any objection to the results of
 55 30 paternity tests shall be filed no later than thirty twenty
 55 31 days before after the date the court hearing is originally
 55 32 scheduled paternity test results are issued or mailed to the
 55 33 putative father by the unit.  Any objection to paternity test
 55 34 results filed by a party less more than thirty twenty days
 55 35 before after the date the court hearing is originally
 56  1 scheduled paternity tests are issued or mailed to the putative
 56  2 father by the unit shall not be accepted or considered by the
 56  3 court.
 56  4    Sec. 70.  Section 252F.3, subsection 6, paragraph d, Code
 56  5 1997, is amended to read as follows:
 56  6    d.  If a paternity test is ordered under this section, the
 56  7 administrator shall direct that inherited characteristics be
 56  8 analyzed and interpreted, and shall appoint an expert
 56  9 qualified as an examiner of genetic markers to analyze and
 56 10 interpret the results.  The test shall be of a type generally
 56 11 acknowledged as reliable by accreditation entities designated
 56 12 by the secretary of the United States department of health and
 56 13 human services and shall be performed by a laboratory approved
 56 14 by an accreditation entity.
 56 15    Sec. 71.  Section 252F.3, subsection 6, paragraph i,
 56 16 subparagraph (1), Code 1997, is amended to read as follows:
 56 17    (1)  In order to challenge the presumption of paternity, a
 56 18 party shall file a written notice of the challenge with the
 56 19 district court within twenty days from the date the paternity
 56 20 test results are issued or mailed to all parties by the unit,
 56 21 or if a court hearing is scheduled to resolve the issue of
 56 22 paternity, no later than thirty days before the scheduled date
 56 23 of the court hearing, whichever occurs later.  Any subsequent
 56 24 rescheduling or continuances of the originally scheduled
 56 25 hearing shall not extend the initial time frame.  Any
 56 26 challenge to a presumption of paternity resulting from
 56 27 paternity tests, or to paternity test results filed after the
 56 28 initial lapse of the twenty-day time frame shall not be
 56 29 accepted or admissible by the unit or the court.
 56 30    Sec. 72.  Section 252F.3, subsection 6, paragraph k, Code
 56 31 1997, is amended to read as follows:
 56 32    k.  If the results of the test or the verified expert's
 56 33 analysis are timely challenged as provided in this subsection,
 56 34 the administrator, upon the request of a party and advance
 56 35 payment by the contestant or upon the unit's own initiative,
 57  1 shall order that an additional test be performed by the same
 57  2 laboratory or an independent laboratory or.  If the party
 57  3 requesting additional testing does not advance payment, the
 57  4 administrator shall certify the case to the district court in
 57  5 accordance with paragraph "i" and section 252F.5.
 57  6    Sec. 73.  Section 252F.3, subsection 6, paragraph n, Code
 57  7 1997, is amended to read as follows:
 57  8    n.  Except as provided in paragraph "k", the unit shall
 57  9 advance the costs of genetic testing.  If paternity is
 57 10 established and paternity testing was conducted, the unit
 57 11 shall enter an order or, if the action proceeded to a court
 57 12 hearing, request that the court enter a judgment for the costs
 57 13 of the paternity tests consistent with applicable federal law.
 57 14 In a proceeding under this chapter, a copy of a bill for
 57 15 genetic testing shall be admitted as evidence without
 57 16 requiring third-party foundation testimony and shall
 57 17 constitute prima facie evidence of the amount incurred for
 57 18 genetic testing.
 57 19    Sec. 74.  Section 252F.4, subsection 6, Code 1997, is
 57 20 amended by adding the following new paragraph:
 57 21    NEW PARAGRAPH.  j.  Statements as required pursuant to
 57 22 section 598.22B.
 57 23    Sec. 75.  Section 252F.5, subsection 3, paragraph d, Code
 57 24 1997, is amended by striking the paragraph.  
 57 25                          DIVISION VII
 57 26    Sec. 76.  Section 252G.1, Code 1997, is amended by adding
 57 27 the following new subsections:
 57 28    NEW SUBSECTION.  4A.  "Business day" means a day on which
 57 29 state offices are open for regular business.
 57 30    NEW SUBSECTION.  8A.  "Labor organization" means any
 57 31 organization of any kind, or any agency, or employee
 57 32 representation committee or plan, in which employees
 57 33 participate and which exists for the purpose, in whole or in
 57 34 part, of dealing with employers concerning grievances, labor
 57 35 disputes, wages, rates of pay, hours of employment, or
 58  1 conditions of work.
 58  2    Sec. 77.  Section 252G.1, subsection 8, Code 1997, is
 58  3 amended to read as follows:
 58  4    8.  "Employer" means a person doing business in this state
 58  5 who engages an employee for compensation and for whom the
 58  6 employer withholds federal or state tax liabilities from the
 58  7 employee's compensation.  "Employer" includes any governmental
 58  8 entity and any labor organization.
 58  9    Sec. 78.  Section 252G.3, subsection 1, paragraph d, Code
 58 10 1997, is amended to read as follows:
 58 11    d.  The address to which income withholding orders or the
 58 12 child support recovery unit's notices of orders and
 58 13 garnishments should be sent.
 58 14    Sec. 79.  Section 252G.3, subsection 3, Code 1997, is
 58 15 amended to read as follows:
 58 16    3.  Until such time as the Iowa employee's withholding
 58 17 allowance certificate is amended to provide for inclusion of
 58 18 all of the information required under subsection 1, submission
 58 19 of the certificate constitutes compliance with this section.
 58 20 An employer with employees in two or more states that
 58 21 transmits reports magnetically or electronically may comply
 58 22 with subsection 1 by transmitting the report described in
 58 23 subsection 1 to each state, or by designating as the recipient
 58 24 state one state, in which the employer has employees, and
 58 25 transmitting the report to that state.  An employer that
 58 26 transmits reports pursuant to this subsection shall notify the
 58 27 United States secretary of health and human services, in
 58 28 writing, of the state designated by the employer for the
 58 29 purpose of transmitting reports.
 58 30    Sec. 80.  NEW SECTION.  252G.7  DATA ENTRY AND TRANSMITTING
 58 31 CENTRALIZED EMPLOYEE REGISTRY RECORDS TO THE NATIONAL NEW HIRE
 58 32 REGISTRY.
 58 33    The unit shall enter new hire data into the centralized
 58 34 employee directory database within five business days of
 58 35 receipt from employers and shall transmit the records of the
 59  1 centralized employee registry to the national directory of new
 59  2 hires within three business days after the date information
 59  3 regarding a newly hired employee is entered into the
 59  4 centralized employee registry.
 59  5    Sec. 81.  NEW SECTION.  252G.8  INCOME WITHHOLDING
 59  6 REQUIREMENTS.
 59  7    Within two business days after the date information
 59  8 regarding a newly hired employee is entered into the
 59  9 centralized employee registry and matched with obligors in
 59 10 cases being enforced by the unit, the unit shall transmit a
 59 11 notice to the employer or payor of income of the employee
 59 12 directing the employer or payor of income to withhold from the
 59 13 income of the employee in accordance with chapter 252D.  
 59 14                          DIVISION VIII
 59 15    Sec. 82.  Section 252H.1, Code 1997, is amended to read as
 59 16 follows:
 59 17    252H.1  PURPOSE AND INTENT.
 59 18    This chapter is intended to provide a means for state
 59 19 compliance with the Title IV-D of the federal Family Support
 59 20 Social Security Act of 1988 , as amended, requiring states to
 59 21 provide procedures for the review and adjustment of support
 59 22 orders being enforced under Title IV-D of the federal Social
 59 23 Security Act, and also to provide an expedited modification
 59 24 process when review and adjustment procedures are not
 59 25 required, appropriate, or applicable.  Actions under this
 59 26 chapter shall be initiated only by the child support recovery
 59 27 unit.
 59 28    Sec. 83.  Section 252H.2, Code 1997, is amended by adding
 59 29 the following new subsection:
 59 30    NEW SUBSECTION.  5A.  "Cost-of-living alteration" means a
 59 31 change in an existing child support order which equals an
 59 32 amount which is the amount of the support obligation following
 59 33 application of the percentage change of the consumer price
 59 34 index for all urban consumers, United States city average, as
 59 35 published in the federal register by the federal department of
 60  1 labor, bureau of labor statistics.
 60  2    Sec. 84.  Section 252H.2, subsection 6, paragraph a, Code
 60  3 1997, is amended to read as follows:
 60  4    a.  An alteration, A change, correction, or termination of
 60  5 an existing support order.
 60  6    Sec. 85.  Section 252H.2, subsection 8, Code 1997, is
 60  7 amended to read as follows:
 60  8    8.  "Public assistance" means benefits received in this
 60  9 state or any other state, under Title IV-A (aid to dependent
 60 10 children temporary assistance to needy families), IV-E (foster
 60 11 care), or XIX (medicaid) of the Act.
 60 12    Sec. 86.  Section 252H.3, subsection 1, Code 1997, is
 60 13 amended to read as follows:
 60 14    1.  Any action initiated under this chapter, including any
 60 15 court hearing resulting from an action, shall be limited in
 60 16 scope to the adjustment or modification of the child or
 60 17 medical support or cost-of-living alteration of the child
 60 18 support provisions of a support order.
 60 19    Sec. 87.  Section 252H.4, subsections 1 and 4, Code 1997,
 60 20 are amended to read as follows:
 60 21    1.  The unit may administratively adjust or modify or may
 60 22 provide for an administrative cost-of-living alteration of a
 60 23 support order entered under chapter 234, 252A, 252C, 598, or
 60 24 600B, or any other support chapter if the unit is providing
 60 25 enforcement services pursuant to chapter 252B.  The unit is
 60 26 not required to intervene to administratively adjust or modify
 60 27 or provide for an administrative cost-of-living alteration of
 60 28 a support order under this chapter.
 60 29    4.  The unit shall adopt rules pursuant to chapter 17A to
 60 30 establish the process for the review of requests for
 60 31 adjustment, the criteria and procedures for conducting a
 60 32 review and determining when an adjustment is appropriate, the
 60 33 procedure and criteria for a cost-of-living alteration, the
 60 34 criteria and procedure for a request for review pursuant to
 60 35 section 252H.18A, and other rules necessary to implement this
 61  1 chapter.
 61  2    Sec. 88.  Section 252H.6, Code 1997, is amended to read as
 61  3 follows:
 61  4    252H.6  COLLECTION OF INFORMATION.
 61  5    The unit shall may request, obtain, and validate
 61  6 information concerning the financial circumstances of the
 61  7 parents of a child as necessary to determine the appropriate
 61  8 amount of support pursuant to the guidelines established in
 61  9 section 598.21, subsection 4, including but not limited to
 61 10 those sources and procedures described in sections 252B.7A and
 61 11 252B.9.  The collection of information does not constitute a
 61 12 review conducted pursuant to section 252H.16.
 61 13    Sec. 89.  Section 252H.8, subsection 4, paragraph f, Code
 61 14 1997, is amended to read as follows:
 61 15    f.  Copies of any financial statements and supporting
 61 16 documentation provided by the parents including proof of a
 61 17 substantial change in circumstances for a request filed
 61 18 pursuant to section 252H.18A.
 61 19    Sec. 90.  Section 252H.9, subsections 2 and 7, Code 1997,
 61 20 are amended to read as follows:
 61 21    2.  The For orders to which subchapter II or III is
 61 22 applicable, the unit shall determine the appropriate amount of
 61 23 the child support obligation using the current child support
 61 24 guidelines established pursuant to section 598.21, subsection
 61 25 4, and the criteria established pursuant to section 252B.7A
 61 26 and shall determine the provisions for medical support
 61 27 pursuant to chapter 252E.
 61 28    7.  A copy of the order shall be sent by regular mail
 61 29 within fourteen days after filing to each parent's last known
 61 30 address, or if applicable, to the last known address of the
 61 31 parent's attorney.
 61 32    Sec. 91.  Section 252H.11, subsection 2, unnumbered
 61 33 paragraph 1, Code 1997, is amended to read as follows:
 61 34    If the modification action filed by the parent is
 61 35 subsequently dismissed before being heard by the court, the
 62  1 unit shall continue the action previously initiated under this
 62  2 chapter subchapter II or III, or initiate a new action as
 62  3 follows:
 62  4    Sec. 92.  Section 252H.13, Code 1997, is amended to read as
 62  5 follows:
 62  6    252H.13  RIGHT TO REQUEST REVIEW.
 62  7    A parent shall have the right to request the review of a
 62  8 support order for which the unit is currently providing
 62  9 enforcement services of an ongoing child support obligation
 62 10 pursuant to chapter 252B including by objecting to a cost-of-
 62 11 living alteration pursuant to section 252H.24, subsections 1
 62 12 and 2.
 62 13    Sec. 93.  Section 252H.14, Code 1997, is amended to read as
 62 14 follows:
 62 15    252H.14  REVIEWS INITIATED BY THE CHILD SUPPORT RECOVERY
 62 16 UNIT.
 62 17    1.  The unit shall may periodically initiate a review of
 62 18 support orders meeting the conditions in section 252H.12 in
 62 19 accordance with the following:
 62 20    a.  The right to any ongoing child support obligation is
 62 21 currently assigned to the state due to the receipt of public
 62 22 assistance.
 62 23    b.  The right to any ongoing medical support obligation is
 62 24 currently assigned to the state due to the receipt of public
 62 25 assistance unless:
 62 26    (1)  The support order already includes provisions
 62 27 requiring the parent ordered to pay child support to also
 62 28 provide medical support.
 62 29    (2)  The parent entitled to receive support has
 62 30 satisfactory health insurance coverage for the children,
 62 31 excluding coverage resulting from the receipt of public
 62 32 assistance benefits.
 62 33    c.  The review is otherwise necessary to comply with this
 62 34 Act:
 62 35    2.  The unit shall may periodically initiate a request to a
 63  1 child support agency of another state to conduct a review of a
 63  2 support order entered in that state when the right to any
 63  3 ongoing child or medical support obligation due under the
 63  4 order is currently assigned to the state of Iowa.
 63  5    3.  The unit shall adopt rules establishing criteria to
 63  6 determine the appropriateness of initiating a review.
 63  7    4.  The unit shall initiate reviews under this section in
 63  8 accordance with the federal Family Support Act of 1988.
 63  9    Sec. 94.  NEW SECTION.  252H.18A  REQUEST FOR REVIEW
 63 10 OUTSIDE APPLICABLE TIME FRAMES.
 63 11    1.  If a support order is not eligible for review and
 63 12 adjustment because the support order is outside of the minimum
 63 13 time frames specified by rule of the department, a parent may
 63 14 request a review and administrative modification by submitting
 63 15 all of the following to the unit:
 63 16    a.  A request for review of the support order which is
 63 17 outside of the applicable time frames.
 63 18    b.  Verified documentation of a substantial change in
 63 19 circumstances as specified by rule of the department.
 63 20    2.  Upon receipt of the request and all documentation
 63 21 required in subsection 1, the unit shall review the request
 63 22 and documentation and if appropriate shall issue a notice of
 63 23 intent to modify as provided in section 252H.19.
 63 24    3.  Notwithstanding section 598.21, subsections 8 and 9,
 63 25 for purposes of this section, a substantial change in
 63 26 circumstances means there has been a change of fifty percent
 63 27 or more in the income of a parent, and the change is due to
 63 28 financial circumstances which have existed for a minimum
 63 29 period of three months and can reasonably be expected to exist
 63 30 for an additional three months.  
 63 31                          SUBCHAPTER IV
 63 32                    COST-OF-LIVING ALTERATION
 63 33    Sec. 95.  NEW SECTION.  252H.21  PURPOSE – INTENT –
 63 34 EFFECT ON REQUIREMENTS FOR GUIDELINES.
 63 35    1.  This subchapter is intended to provide a procedure to
 64  1 accommodate a request of both parents to expeditiously change
 64  2 a support order due to changes in the cost of living.
 64  3    2.  All of the following shall apply to a cost of living
 64  4 alteration under this subchapter:
 64  5    a.  To the extent permitted under 42 U.S.C. }
 64  6 666(a)(10)(A)(i)(II), the cost-of-living alteration shall be
 64  7 an exception to any requirement under law for the application
 64  8 of the child support guidelines established pursuant to
 64  9 section 598.21, subsection 4, including but not limited to,
 64 10 any requirement in this chapter or chapter 234, 252A, 252B,
 64 11 252C, 252F, 598, or 600B.
 64 12    b.  The cost-of-living alteration shall not prevent any
 64 13 subsequent modification or adjustment to the support order as
 64 14 otherwise provided in law based on application of the child
 64 15 support guidelines.
 64 16    c.  The calculation of a cost-of-living alteration to a
 64 17 child support order shall be compounded as follows:
 64 18    (1)  Increase or decrease the child support order by the
 64 19 percentage change of the appropriate consumer price index for
 64 20 the month and year after the month and year the child support
 64 21 order was last issued, modified, adjusted, or altered.
 64 22    (2)  Increase or decrease the amount of the child support
 64 23 order calculated in subparagraph (1) for each subsequent year
 64 24 by applying the appropriate consumer price index for each
 64 25 subsequent year to the result of the calculation for the
 64 26 previous year.  The final year in the calculation shall be the
 64 27 year immediately preceding the year the unit received the
 64 28 completed request for the cost-of-living alteration.
 64 29    d.  The amount of the cost-of-living alteration in the
 64 30 notice in section 252H.24, subsection 1, shall be the result
 64 31 of the calculation in paragraph "c".
 64 32    Sec. 96.  NEW SECTION.  252H.22  SUPPORT ORDERS SUBJECT TO
 64 33 COST-OF-LIVING ALTERATION.
 64 34    A support order meeting all of the following conditions is
 64 35 eligible for a cost-of-living alteration under this
 65  1 subchapter.
 65  2    1.  The support order is subject to the jurisdiction of
 65  3 this state for the purposes of a cost-of-living alteration.
 65  4    2.  The support order provides for the ongoing support of
 65  5 at least one child under the age of eighteen or a child
 65  6 between the ages of eighteen and nineteen who has not yet
 65  7 graduated from high school but who is reasonably expected to
 65  8 graduate from high school before attaining the age of
 65  9 nineteen.
 65 10    3.  The unit is providing enforcement services for the
 65 11 ongoing support obligation pursuant to chapter 252B.
 65 12    4.  A parent requests a cost-of-living alteration as
 65 13 provided in section 252H.23.
 65 14    5.  The support order addresses medical support for the
 65 15 child.
 65 16    Sec. 97.  NEW SECTION.  252H.23  RIGHT TO REQUEST COST-OF-
 65 17 LIVING ALTERATION.
 65 18    A parent may request a cost-of-living alteration by
 65 19 submitting all of the following to the unit:
 65 20    1.  A written request for a cost-of-living alteration to
 65 21 the support order signed by the parent making the request.
 65 22    2.  A statement signed by the nonrequesting parent agreeing
 65 23 to the cost-of-living alteration to the support order.
 65 24    3.  A statement signed by each parent waiving that parent's
 65 25 right to personal service and accepting service by regular
 65 26 mail.
 65 27    4.  Other documentation specified by rule of the
 65 28 department.
 65 29    Sec. 98.  NEW SECTION.  252H.24  ROLE OF THE CHILD SUPPORT
 65 30 RECOVERY UNIT – FILING AND DOCKETING OF COST-OF-LIVING
 65 31 ALTERATION ORDER – ORDER EFFECTIVE AS DISTRICT COURT ORDER.
 65 32    1.  Upon receipt of a request and required documentation
 65 33 for a cost-of-living alteration, the unit shall issue a notice
 65 34 of the amount of cost-of-living alteration by regular mail to
 65 35 the last known address of each parent, or, if applicable, each
 66  1 parent's attorney.  The notice shall include all of the
 66  2 following:
 66  3    a.  A statement that either parent may contest the cost-of-
 66  4 living alteration within thirty days of the date of the notice
 66  5 by making a request for a review of a support order as
 66  6 provided in section 252H.13, and if either parent does not
 66  7 make a request for a review within thirty days, the unit shall
 66  8 prepare an administrative order as provided in subsection 4.
 66  9    b.  A statement that the parent may waive the thirty-day
 66 10 notice waiting period provided for in this section.
 66 11    2.  Upon timely receipt of a request and required
 66 12 documentation for a review of a support order as provided in
 66 13 subsection 1 from either parent, the unit shall terminate the
 66 14 cost-of-living alteration process and apply the provisions of
 66 15 subchapters I and II of this chapter relating to review and
 66 16 adjustment.
 66 17    3.  Upon receipt of signed requests from both parents
 66 18 subject to the support order, waiving the notice waiting
 66 19 period, the unit may prepare an administrative order pursuant
 66 20 to subsection 4 altering the support obligation.
 66 21    4.  If timely request for a review pursuant to section
 66 22 252H.13 is not made, and if the thirty-day notice waiting
 66 23 period has expired, or if both parents have waived the notice
 66 24 waiting period, the unit shall prepare and present an
 66 25 administrative order for a cost-of-living alteration, ex
 66 26 parte, to the district court where the order to be altered is
 66 27 filed.
 66 28    5.  Unless defects appear on the face of the administrative
 66 29 order or on the attachments, the district court shall approve
 66 30 the order.  Upon filing, the approved order shall have the
 66 31 same force, effect, and attributes of an order of the district
 66 32 court.
 66 33    6.  Upon filing, the clerk of the district court shall
 66 34 enter the order in the judgment docket and judgment lien
 66 35 index.
 67  1    7.  If the parents jointly waive the thirty-day notice
 67  2 waiting period, the signed statements of both parents waiving
 67  3 the notice period shall be filed in the court record with the
 67  4 administrative order altering the support obligation.
 67  5    8.  The unit shall send a copy of the order by regular mail
 67  6 to each parent's last known address, or, if applicable, to the
 67  7 last known address of the parent's attorney.
 67  8    9.  An administrative order approved by the district court
 67  9 is final, and action by the unit to enforce and collect upon
 67 10 the order may be taken from the date of the entry of the order
 67 11 by the district court.  
 67 12                           DIVISION IX
 67 13    Sec. 99.  Section 252I.1, subsections 1, 3, 5, and 8, Code
 67 14 1997, are amended to read as follows:
 67 15    1.  "Account" means "account" as defined in section
 67 16 524.103, "share account or shares" as defined in section
 67 17 534.102, the savings or deposits of a member received or being
 67 18 held by a credit union, or certificates of deposit.  "Account"
 67 19 also includes deposits held by an agent, a broker-dealer, or
 67 20 an issuer as defined in section 502.102 and money-market
 67 21 mutual fund accounts.  However, "account" does not include
 67 22 amounts held by a financial institution as collateral for
 67 23 loans extended by the financial institution.
 67 24    3.  "Court order" means "support order" as defined in
 67 25 section 252C.1 252J.1.
 67 26    5.  "Financial institution" includes a bank, credit union,
 67 27 or savings and loan association, insurance company, safe
 67 28 deposit company, and money-market mutual fund.  "Financial
 67 29 institution" also includes an institution which holds deposits
 67 30 for an agent, broker-dealer, or an issuer as defined in
 67 31 section 502.102.
 67 32    8.  "Support" or "support payments" means "support" or
 67 33 "support payments" as defined in section 252D.1 252D.16A.
 67 34    Sec. 100.  Section 252I.4, Code 1997, is amended to read as
 67 35 follows:
 68  1    252I.4  VERIFICATION OF ACCOUNTS AND IMMUNITY FROM
 68  2 LIABILITY.
 68  3    1.  The unit may contact a financial institution to obtain
 68  4 verification of the account number, the names and social
 68  5 security numbers listed for the account, and the account
 68  6 balance of any account held by an obligor.  Contact with a
 68  7 financial institution may be by telephone or by written
 68  8 communication.  The financial institution may require positive
 68  9 voice recognition and may require the telephone number of the
 68 10 authorized person from the unit before releasing an obligor's
 68 11 account information by telephone.
 68 12    2.  The unit and financial institutions doing business in
 68 13 Iowa shall enter into agreements to develop and operate a data
 68 14 match system, using automated data exchanges to the maximum
 68 15 extent feasible.  The data match system shall allow a means by
 68 16 which each financial institution shall provide to the unit for
 68 17 each calendar quarter the name, record address, social
 68 18 security number or other taxpayer identification number, and
 68 19 other identifying information for each obligor who maintains
 68 20 an account at the institution and who owes past-due support,
 68 21 as identified by the unit by name and social security number
 68 22 or other taxpayer identification number.
 68 23    3.  The unit may pay a reasonable fee to a financial
 68 24 institution for conducting the data match required in
 68 25 subsection 2, not to exceed the actual costs incurred by the
 68 26 financial institution.
 68 27    2. 4.  The financial institution is immune from any
 68 28 liability, civil or criminal, which might otherwise be
 68 29 incurred or imposed for any of the following:
 68 30    a.  Any information released by the financial institution
 68 31 to the unit pursuant to this chapter section.
 68 32    b.  Any encumbrance or surrender of any assets held by the
 68 33 financial institution in response to a notice of lien or levy
 68 34 issued by the unit.
 68 35    c.  Any other action taken in good faith to comply with
 69  1 section 252I.4 or 252I.7.
 69  2    3. 5.  The financial institution or the unit is not liable
 69  3 for the cost of any early withdrawal penalty of an obligor's
 69  4 certificate of deposit.  
 69  5                           DIVISION X
 69  6    Sec. 101.  Section 252J.1, subsections 1, 2, 3, 4, 6, and
 69  7 9, Code 1997, are amended to read as follows:
 69  8    1.  "Certificate of noncompliance" means a document
 69  9 provided by the child support recovery unit certifying that
 69 10 the named obligor individual is not in compliance with a any
 69 11 of the following:
 69 12    a.  A support order. or with a
 69 13    b.  A written agreement for payment of support entered into
 69 14 by the unit and the obligor.
 69 15    c.  A subpoena or warrant relating to a paternity or
 69 16 support proceeding.
 69 17    2.  "License" means a license, certification, registration,
 69 18 permit, approval, renewal, or other similar authorization
 69 19 issued to an obligor individual by a licensing authority which
 69 20 evidences the admission to, or granting of authority to engage
 69 21 in, a profession, occupation, business, or industry, or
 69 22 recreation or to operate or register a motor vehicle.
 69 23 "License" does not mean or include includes licenses for
 69 24 hunting, fishing, boating, or other recreational activity.
 69 25    3.  "Licensee" means an obligor individual to whom a
 69 26 license has been issued, or who is seeking the issuance of a
 69 27 license.
 69 28    4.  "Licensing authority" means a county treasurer, county
 69 29 recorder or designated depositary, the supreme court, or an
 69 30 instrumentality, agency, board, commission, department,
 69 31 officer, organization, or any other entity of the state, which
 69 32 has authority within this state to suspend or revoke a license
 69 33 or to deny the renewal or issuance of a license authorizing an
 69 34 obligor individual to register or operate a motor vehicle or
 69 35 to engage in a business, occupation, profession, recreation,
 70  1 or industry.
 70  2    6.  "Support" means support or support payments as defined
 70  3 in section 252D.1 252D.16A, whether established through court
 70  4 or administrative order.
 70  5    9.  "Withdrawal of a certificate of noncompliance" means a
 70  6 document provided by the unit certifying that the certificate
 70  7 of noncompliance is withdrawn and that the licensing authority
 70  8 may proceed with issuance, reinstatement, or renewal of an
 70  9 obligor's individual's license.
 70 10    Sec. 102.  Section 252J.1, Code 1997, is amended by adding
 70 11 the following new subsections:
 70 12    NEW SUBSECTION.  1A.  "Individual" means a parent, an
 70 13 obligor, or a putative father in a paternity or support
 70 14 proceeding.
 70 15    NEW SUBSECTION.  5A.  "Subpoena or warrant" means a
 70 16 subpoena or warrant relating to a paternity or support
 70 17 proceeding initiated or obtained by the unit or a child
 70 18 support agency as defined in section 252H.2.
 70 19    Sec. 103.  Section 252J.2, subsections 1, 2, and 4, Code
 70 20 1997, are amended to read as follows:
 70 21    1.  Notwithstanding other statutory provisions to the
 70 22 contrary, and if an obligor individual has not been cited for
 70 23 contempt and enjoined from engaging in the activity governed
 70 24 by a license pursuant to section 598.23A, the unit may utilize
 70 25 the process established in this chapter to collect support.
 70 26    2.  For cases in which services are provided by the unit
 70 27 all of the following apply:
 70 28    a.  An obligor is subject to the provisions of this chapter
 70 29 if the obligor's support obligation is being enforced by the
 70 30 unit, if the support payments required by a support order to
 70 31 be paid to the clerk of the district court or the collection
 70 32 services center pursuant to section 598.22 are not paid and
 70 33 become delinquent in an amount equal to the support payment
 70 34 for ninety days three months, and if the obligor's situation
 70 35 meets other criteria specified under rules adopted by the
 71  1 department pursuant to chapter 17A.  The criteria specified by
 71  2 rule shall include consideration of the length of time since
 71  3 the obligor's last support payment and the total amount of
 71  4 support owed by the obligor.
 71  5    b.  An individual is subject to the provisions of this
 71  6 chapter if the individual has failed, after receiving
 71  7 appropriate notice, to comply with a subpoena or warrant.
 71  8    4.  Notwithstanding the confidentiality provisions of
 71  9 chapter 252B or 422, or any other statutory provision
 71 10 pertaining to the confidentiality of records, a licensing
 71 11 authority shall exchange information with the unit through
 71 12 manual or automated means. 22 all of the following apply:
 71 13    a.  Information exchanged obtained by the unit under this
 71 14 chapter shall be used solely for the purposes of this chapter
 71 15 or chapter 598 shall be used solely for the purpose of
 71 16 identifying licensees subject to enforcement pursuant to this
 71 17 chapter or chapter 598 252B.
 71 18    b.  Information obtained by a licensing authority shall be
 71 19 used solely for the purposes of this chapter.
 71 20    Sec. 104.  Section 252J.3, Code 1997, is amended to read as
 71 21 follows:
 71 22    252J.3  NOTICE TO OBLIGOR INDIVIDUAL OF POTENTIAL SANCTION
 71 23 OF LICENSE.
 71 24    The unit shall proceed in accordance with this chapter only
 71 25 if notice is served on the obligor individual in accordance
 71 26 with R.C.P. 56.1 or notice is sent by certified mail addressed
 71 27 to the obligor's individual's last known address and served
 71 28 upon any person who may accept service under R.C.P.  56.1.
 71 29 Return acknowledgment is required to prove service by
 71 30 certified mail.  The notice shall include all of the
 71 31 following:
 71 32    1.  The address and telephone number of the unit and the
 71 33 unit case number.
 71 34    2.  A statement that the obligor is not in compliance with
 71 35 a support order or the individual has not complied with a
 72  1 subpoena or warrant.
 72  2    3.  A statement that the obligor individual may request a
 72  3 conference with the unit to contest the action.
 72  4    4.  A statement that if, within twenty days of service of
 72  5 notice on the obligor individual, the obligor individual fails
 72  6 to contact the unit to schedule a conference, the unit shall
 72  7 issue a certificate of noncompliance, bearing the obligor's
 72  8 individual's name, social security number, and unit case
 72  9 number, and the docket number of a support order requiring the
 72 10 obligor to pay support, to any appropriate licensing
 72 11 authority, certifying that the obligor is not in compliance
 72 12 with a support order or an individual has not complied with a
 72 13 subpoena or warrant.
 72 14    5.  A statement that in order to stay the issuance of a
 72 15 certificate of noncompliance the request for a conference
 72 16 shall be in writing and shall be received by the unit within
 72 17 twenty days of service of notice on the obligor individual.
 72 18    6.  The names of the licensing authorities to which the
 72 19 unit intends to issue a certificate of noncompliance.
 72 20    7.  A statement that if the unit issues a certificate of
 72 21 noncompliance to an appropriate licensing authority, the
 72 22 licensing authority shall initiate proceedings to refuse to
 72 23 issue or renew, or to suspend or revoke the obligor's
 72 24 individual's license, unless the unit provides the licensing
 72 25 authority with a withdrawal of a certificate of noncompliance.
 72 26    Sec. 105.  Section 252J.4, Code 1997, is amended to read as
 72 27 follows:
 72 28    252J.4  CONFERENCE.
 72 29    1.  The obligor individual may schedule a conference with
 72 30 the unit following service of notice pursuant to section
 72 31 252J.3, or at any time after service of notice of suspension,
 72 32 revocation, denial of issuance, or nonrenewal of a license
 72 33 from a licensing authority, to challenge the unit's actions
 72 34 under this chapter.
 72 35    2.  The request for a conference shall be made to the unit,
 73  1 in writing, and, if requested after service of a notice
 73  2 pursuant to section 252J.3, shall be received by the unit
 73  3 within twenty days following service of notice.
 73  4    3.  The unit shall notify the obligor individual of the
 73  5 date, time, and location of the conference by regular mail,
 73  6 with the date of the conference to be no earlier than ten days
 73  7 following issuance of notice of the conference by the unit.
 73  8 If the obligor individual fails to appear at the conference,
 73  9 the unit shall issue a certificate of noncompliance.
 73 10    4.  Following the conference, the unit shall issue a
 73 11 certificate of noncompliance unless any of the following
 73 12 applies:
 73 13    a.  The unit finds a mistake in the identity of the obligor
 73 14 individual.
 73 15    b.  The unit finds a mistake in determining that the amount
 73 16 of delinquent support is equal to or greater than ninety days
 73 17 three months.
 73 18    c.  The obligor enters a written agreement with the unit to
 73 19 comply with a support order, the obligor complies with an
 73 20 existing written agreement to comply with a support order, or
 73 21 the obligor pays the total amount of delinquent support due.
 73 22    d.  Issuance of a certificate of noncompliance is not
 73 23 appropriate under other criteria established in accordance
 73 24 with rules adopted by the department pursuant to chapter 17A.
 73 25    e.  The unit finds a mistake in determining the compliance
 73 26 of the individual with a subpoena or warrant.
 73 27    f.  The individual complies with a subpoena or warrant.
 73 28    5.  The unit shall grant the obligor individual a stay of
 73 29 the issuance of a certificate of noncompliance upon receiving
 73 30 a timely written request for a conference, and if a
 73 31 certificate of noncompliance has previously been issued, shall
 73 32 issue a withdrawal of a certificate of noncompliance if the
 73 33 obligor enters into a written agreement with the unit to
 73 34 comply with a support order or if the individual complies with
 73 35 a subpoena or warrant.
 74  1    6.  If the obligor individual does not timely request a
 74  2 conference or does not comply with a subpoena or warrant or if
 74  3 the obligor does not pay the total amount of delinquent
 74  4 support owed within twenty days of service of the notice
 74  5 pursuant to section 252J.3, the unit shall issue a certificate
 74  6 of noncompliance.
 74  7    Sec. 106.  Section 252J.5, subsection 1, unnumbered
 74  8 paragraph 1, Code 1997, is amended to read as follows:
 74  9    If an obligor is subject to this chapter as established in
 74 10 section 252J.2, subsection 2, paragraph "a", the obligor and
 74 11 the unit may enter into a written agreement for payment of
 74 12 support and compliance which takes into consideration the
 74 13 obligor's ability to pay and other criteria established by
 74 14 rule of the department.  The written agreement shall include
 74 15 all of the following:
 74 16    Sec. 107.  Section 252J.6, Code 1997, is amended to read as
 74 17 follows:
 74 18    252J.6  DECISION OF THE UNIT.
 74 19    1.  If an obligor is not in compliance with a support order
 74 20 or the individual is not in compliance with a subpoena or
 74 21 warrant pursuant to section 252J.2, the unit notifies the
 74 22 obligor individual pursuant to section 252J.3, and the obligor
 74 23 individual requests a conference pursuant to section 252J.4,
 74 24 the unit shall issue a written decision if any of the
 74 25 following conditions exists:
 74 26    a.  The obligor individual fails to appear at a scheduled
 74 27 conference under section 252J.4.
 74 28    b.  A conference is held under section 252J.4.
 74 29    c.  The obligor fails to comply with a written agreement
 74 30 entered into by the obligor and the unit under section 252J.5.
 74 31    2.  The unit shall send a copy of the written decision to
 74 32 the obligor individual by regular mail at the obligor's
 74 33 individual's most recent address of record.  If the decision
 74 34 is made to issue a certificate of noncompliance or to withdraw
 74 35 the certificate of noncompliance, a copy of the certificate of
 75  1 noncompliance or of the withdrawal of the certificate of
 75  2 noncompliance shall be attached to the written decision.  The
 75  3 written decision shall state all of the following:
 75  4    a.  That a copy of the certificate of noncompliance or
 75  5 withdrawal of the certificate of noncompliance has been
 75  6 provided to the licensing authorities named in the notice
 75  7 provided pursuant to section 252J.3.
 75  8    b.  That upon receipt of a certificate of noncompliance,
 75  9 the licensing authority shall initiate proceedings to suspend,
 75 10 revoke, deny issuance, or deny renewal of a license, unless
 75 11 the licensing authority is provided with a withdrawal of a
 75 12 certificate of noncompliance from the unit.
 75 13    c.  That in order to obtain a withdrawal of a certificate
 75 14 of noncompliance from the unit, the obligor shall enter into a
 75 15 written agreement with the unit, comply with an existing
 75 16 written agreement with the unit, or pay the total amount of
 75 17 delinquent support owed or the individual shall comply with a
 75 18 subpoena or warrant.
 75 19    d.  That if the unit issues a written decision, which
 75 20 includes a certificate of noncompliance, that all of the
 75 21 following apply:
 75 22    (1)  The obligor individual may request a hearing as
 75 23 provided in section 252J.9, before the district court as
 75 24 follows:
 75 25    (a)  If the action is a result of section 252J.2,
 75 26 subsection 2, paragraph "a", in the county in which the
 75 27 underlying support order is filed, by filing a written
 75 28 application to the court challenging the issuance of the
 75 29 certificate of noncompliance by the unit and sending a copy of
 75 30 the application to the unit within the time period specified
 75 31 in section 252J.9.
 75 32    (b)  If the action is a result of section 252J.2,
 75 33 subsection 2, paragraph "b" and the individual is not an
 75 34 obligor, in the county in which the dependent child or
 75 35 children reside if the child or children reside in Iowa; in
 76  1 the county in which the dependent child or children last
 76  2 received public assistance if the child or children received
 76  3 public assistance in Iowa; or in the county in which the
 76  4 individual resides if the action is the result of a request
 76  5 from a child support agency in a foreign jurisdiction.
 76  6    (2)  The obligor individual may retain an attorney at the
 76  7 obligor's individual's own expense to represent the obligor
 76  8 individual at the hearing.
 76  9    (3)  The scope of review of the district court shall be
 76 10 limited to demonstration of a mistake of fact related to the
 76 11 delinquency of the obligor or the compliance of the individual
 76 12 with a subpoena or warrant.
 76 13    3.  If the unit issues a certificate of noncompliance, the
 76 14 unit shall only issue a withdrawal of the certificate of
 76 15 noncompliance if any of the following applies:
 76 16    a.  The unit or the court finds a mistake in the identity
 76 17 of the obligor individual.
 76 18    b.  The unit finds a mistake in determining compliance with
 76 19 a subpoena or warrant.
 76 20    b. c.  The unit or the court finds a mistake in determining
 76 21 that the amount of delinquent support due is equal to or
 76 22 greater than ninety days three months.
 76 23    c. d.  The obligor enters a written agreement with the unit
 76 24 to comply with a support order, the obligor complies with an
 76 25 existing written agreement to comply with a support order, or
 76 26 the obligor pays the total amount of delinquent support owed.
 76 27    e.  The individual complies with the subpoena or warrant.
 76 28    d. f.  Issuance of a withdrawal of the certificate of
 76 29 noncompliance is appropriate under other criteria in
 76 30 accordance with rules adopted by the department pursuant to
 76 31 chapter 17A.
 76 32    Sec. 108.  Section 252J.7, Code 1997, is amended to read as
 76 33 follows:
 76 34    252J.7  CERTIFICATE OF NONCOMPLIANCE – CERTIFICATION TO
 76 35 LICENSING AUTHORITY.
 77  1    1.  If the obligor individual fails to respond to the
 77  2 notice of potential license sanction provided pursuant to
 77  3 section 252J.3 or the unit issues a written decision under
 77  4 section 252J.6 which states that the obligor individual is not
 77  5 in compliance, the unit shall certify, in writing, to any
 77  6 appropriate licensing authority that the support obligor is
 77  7 not in compliance with a support order or the individual is
 77  8 not in compliance with a subpoena or warrant and shall include
 77  9 a copy of the certificate of noncompliance.
 77 10    2.  The certificate of noncompliance shall contain the
 77 11 obligor's individual's name, and social security number, and
 77 12 the docket number of the applicable support order.
 77 13    3.  The certificate of noncompliance shall require all of
 77 14 the following:
 77 15    a.  That the licensing authority initiate procedures for
 77 16 the revocation or suspension of the obligor's individual's
 77 17 license, or for the denial of the issuance or renewal of a
 77 18 license using the licensing authority's procedures.
 77 19    b.  That the licensing authority provide notice to the
 77 20 obligor individual, as provided in section 252J.8, of the
 77 21 intent to suspend, revoke, deny issuance, or deny renewal of a
 77 22 license including the effective date of the action.  The
 77 23 suspension, revocation, or denial shall be effective no sooner
 77 24 than thirty days following provision of notice to the obligor
 77 25 individual.
 77 26    Sec. 109.  Section 252J.8, subsections 3, 4, and 5, Code
 77 27 1997, are amended to read as follows:
 77 28    3.  The supreme court shall prescribe rules for admission
 77 29 of persons to practice as attorneys and counselors pursuant to
 77 30 chapter 602, article 10, which include provisions, as
 77 31 specified in this chapter, for the denial, suspension, or
 77 32 revocation of the admission for failure to comply with a child
 77 33 support order or a subpoena or warrant.
 77 34    4.  A licensing authority that is issued a certificate of
 77 35 noncompliance shall initiate procedures for the suspension,
 78  1 revocation, or denial of issuance or renewal of licensure to
 78  2 an obligor individual.  The licensing authority shall utilize
 78  3 existing rules and procedures for suspension, revocation, or
 78  4 denial of the issuance or renewal of a license.
 78  5    In addition, the licensing authority shall provide notice
 78  6 to the obligor individual of the licensing authority's intent
 78  7 to suspend, revoke, or deny issuance or renewal of a license
 78  8 under this chapter.  The suspension, revocation, or denial
 78  9 shall be effective no sooner than thirty days following
 78 10 provision of notice to the obligor individual.  The notice
 78 11 shall state all of the following:
 78 12    a.  The licensing authority intends to suspend, revoke, or
 78 13 deny issuance or renewal of an obligor's individual's license
 78 14 due to the receipt of a certificate of noncompliance from the
 78 15 unit.
 78 16    b.  The obligor individual must contact the unit to
 78 17 schedule a conference or to otherwise obtain a withdrawal of a
 78 18 certificate of noncompliance.
 78 19    c.  Unless the unit furnishes a withdrawal of a certificate
 78 20 of noncompliance to the licensing authority within thirty days
 78 21 of the issuance of the notice under this section, the
 78 22 obligor's individual's license will be revoked, suspended, or
 78 23 denied.
 78 24    d.  If the licensing authority's rules and procedures
 78 25 conflict with the additional requirements of this section, the
 78 26 requirements of this section shall apply.  Notwithstanding
 78 27 section 17A.18, the obligor individual does not have a right
 78 28 to a hearing before the licensing authority to contest the
 78 29 authority's actions under this chapter but may request a court
 78 30 hearing pursuant to section 252J.9 within thirty days of the
 78 31 provision of notice under this section.
 78 32    5.  If the licensing authority receives a withdrawal of a
 78 33 certificate of noncompliance from the unit, the licensing
 78 34 authority shall immediately reinstate, renew, or issue a
 78 35 license if the obligor individual is otherwise in compliance
 79  1 with licensing requirements established by the licensing
 79  2 authority.
 79  3    Sec. 110.  Section 252J.9, subsections 1, 2, and 3, Code
 79  4 1997, are amended to read as follows:
 79  5    1.  Following the issuance of a written decision by the
 79  6 unit under section 252J.6 which includes the issuance of a
 79  7 certificate of noncompliance, or following provision of notice
 79  8 to the obligor individual by a licensing authority pursuant to
 79  9 section 252J.8, an obligor individual may seek review of the
 79 10 decision and request a hearing before the district court as
 79 11 follows:
 79 12    a.  If the action is a result of section 252J.2, subsection
 79 13 2, paragraph "a", in the county in which the underlying
 79 14 support order is filed, by filing an application with the
 79 15 district court, and sending a copy of the application to the
 79 16 unit by regular mail.
 79 17    b.  If the action is a result of section 252J.2, subsection
 79 18 2, paragraph "b" and the individual is not an obligor, in a
 79 19 county in which the dependent child or children reside if the
 79 20 child or children reside in Iowa; in the county in which the
 79 21 dependent child or children last received public assistance if
 79 22 the child or children received public assistance in Iowa; or
 79 23 in the county in which the individual resides if the action is
 79 24 the result of a request from a child support agency in a
 79 25 foreign jurisdiction.
 79 26    PARAGRAPH DIVIDED.  An application shall be filed to seek
 79 27 review of the decision by the unit or following issuance of
 79 28 notice by the licensing authority no later than within thirty
 79 29 days after the issuance of the notice pursuant to section
 79 30 252J.8.  The clerk of the district court shall schedule a
 79 31 hearing and mail a copy of the order scheduling the hearing to
 79 32 the obligor individual and the unit and shall also mail a copy
 79 33 of the order to the licensing authority, if applicable.  The
 79 34 unit shall certify a copy of its written decision and
 79 35 certificate of noncompliance, indicating the date of issuance,
 80  1 and the licensing authority shall certify a copy of a notice
 80  2 issued pursuant to section 252J.8, to the court prior to the
 80  3 hearing.
 80  4    2.  The filing of an application pursuant to this section
 80  5 shall automatically stay the actions of a licensing authority
 80  6 pursuant to section 252J.8.  The hearing on the application
 80  7 shall be scheduled and held within thirty days of the filing
 80  8 of the application.  However, if the obligor individual fails
 80  9 to appear at the scheduled hearing, the stay shall be lifted
 80 10 and the licensing authority shall continue procedures pursuant
 80 11 to section 252J.8.
 80 12    3.  The scope of review by the district court shall be
 80 13 limited to demonstration of a mistake of fact relating to the
 80 14 delinquency of the obligor or the noncompliance of the
 80 15 individual with a subpoena or warrant.  Issues related to
 80 16 visitation, custody, or other provisions not related to the
 80 17 support provisions of a support order are not grounds for a
 80 18 hearing under this chapter.  
 80 19                           DIVISION XI
 80 20              UNIFORM INTERSTATE FAMILY SUPPORT ACT
 80 21                             (1996)
 80 22                            ARTICLE 1
 80 23                       GENERAL PROVISIONS
 80 24    Sec. 111.  NEW SECTION.  252K.101  DEFINITIONS.
 80 25    In this chapter:
 80 26    1.  "Child" means an individual, whether over or under the
 80 27 age of majority, who is or is alleged to be owed a duty of
 80 28 support by the individual's parent or who is or is alleged to
 80 29 be the beneficiary of a support order directed to the parent.
 80 30    2.  "Child-support order" means a support order for a
 80 31 child, including a child who has attained the age of majority
 80 32 under the law of the issuing state.
 80 33    3.  "Duty of support" means an obligation imposed or
 80 34 imposable by law to provide support for a child, spouse, or
 80 35 former spouse, including an unsatisfied obligation to provide
 81  1 support.
 81  2    4.  "Home state" means the state in which a child lived
 81  3 with a parent or a person acting as parent for at least six
 81  4 consecutive months immediately preceding the time of filing of
 81  5 a petition or comparable pleading for support and, if a child
 81  6 is less than six months old, the state in which the child
 81  7 lived from birth with any of them.  A period of temporary
 81  8 absence of any of them is counted as part of the six-month or
 81  9 other period.
 81 10    5.  "Income" includes earnings or other periodic
 81 11 entitlements to money from any source and any other property
 81 12 subject to withholding for support under the law of this
 81 13 state.
 81 14    6.  "Income-withholding order" means an order or other
 81 15 legal process directed to an obligor's employer or other payor
 81 16 of income, as defined by the income-withholding law of this
 81 17 state, to withhold support from the income of the obligor.
 81 18    7.  "Initiating state" means a state from which a
 81 19 proceeding is forwarded or in which a proceeding is filed for
 81 20 forwarding to a responding state under this chapter or a law
 81 21 or procedure substantially similar to this chapter, the
 81 22 Uniform Reciprocal Enforcement of Support Act, or the Revised
 81 23 Uniform Reciprocal Enforcement of Support Act.
 81 24    8.  "Initiating tribunal" means the authorized tribunal in
 81 25 an initiating state.
 81 26    9.  "Issuing state" means the state in which a tribunal
 81 27 issues a support order or renders a judgment determining
 81 28 parentage.
 81 29    10.  "Issuing tribunal" means the tribunal that issues a
 81 30 support order or renders a judgment determining parentage.
 81 31    11.  "Law" includes decisional and statutory law and rules
 81 32 and regulations having the force of law.
 81 33    12.  "Obligee" means any of the following:
 81 34    a.  An individual to whom a duty of support is or is
 81 35 alleged to be owed or in whose favor a support order has been
 82  1 issued or a judgment determining parentage has been rendered.
 82  2    b.  A state or political subdivision to which the rights
 82  3 under a duty of support or support order have been assigned or
 82  4 which has independent claims based on financial assistance
 82  5 provided to an individual obligee.
 82  6    c.  An individual seeking a judgment determining parentage
 82  7 of the individual's child.
 82  8    13.  "Obligor" means an individual, or the estate of a
 82  9 decedent, to which any of the following applies:
 82 10    a.  Who owes or is alleged to owe a duty of support.
 82 11    b.  Who is alleged but has not been adjudicated to be a
 82 12 parent of a child.
 82 13    c.  Who is liable under a support order.
 82 14    14.  "Register" means to file a support order or judgment
 82 15 determining parentage in the appropriate location for the
 82 16 filing of foreign judgments.
 82 17    15.  "Registering tribunal" means a tribunal in which a
 82 18 support order is registered.
 82 19    16.  "Responding state" means a state in which a proceeding
 82 20 is filed or to which a proceeding is forwarded for filing from
 82 21 an initiating state under this chapter or a law or procedure
 82 22 substantially similar to this chapter, the Uniform Reciprocal
 82 23 Enforcement of Support Act, or the Revised Uniform Reciprocal
 82 24 Enforcement of Support Act.
 82 25    17.  "Responding tribunal" means the authorized tribunal in
 82 26 a responding state.
 82 27    18.  "Spousal-support order" means a support order for a
 82 28 spouse or former spouse of the obligor.
 82 29    19.  "State" means a state of the United States, the
 82 30 District of Columbia, Puerto Rico, the United States Virgin
 82 31 Islands, or any territory or insular possession subject to the
 82 32 jurisdiction of the United states.  The term includes:
 82 33    a.  An Indian tribe.
 82 34    b.  A foreign jurisdiction that has enacted a law or
 82 35 established procedures for issuance and enforcement of support
 83  1 orders which are substantially similar to the procedures under
 83  2 this chapter, the Uniform Reciprocal Enforcement of Support
 83  3 Act, or the Revised Uniform Reciprocal Enforcement of Support
 83  4 Act.
 83  5    20.  "Support enforcement agency" means a public official
 83  6 or agency authorized to seek any of the following:
 83  7    a.  Enforcement of support orders or laws relating to the
 83  8 duty of support.
 83  9    b.  Establishment or modification of child support.
 83 10    c.  Determination of parentage.
 83 11    d.  Location of obligors or their assets.
 83 12    21.  "Support order" means a judgment, decree, or order,
 83 13 whether temporary, final, or subject to modification, for the
 83 14 benefit of a child, a spouse, or a former spouse, which
 83 15 provides for monetary support, health care, arrearages, or
 83 16 reimbursement, and may include related costs and fees,
 83 17 interest, income withholding, attorney's fees, and other
 83 18 relief.
 83 19    22.  "Tribunal" means a court, administrative agency, or
 83 20 quasi-judicial entity authorized to establish, enforce, or
 83 21 modify support orders or to determine parentage.
 83 22    Sec. 112.  NEW SECTION.  252K.102  TRIBUNALS OF THIS STATE.
 83 23    The child support recovery unit when the unit establishes
 83 24 or modifies an order, upon ratification by the court, and the
 83 25 court, are the tribunals of this state.
 83 26    Sec. 113.  NEW SECTION.  252K.103  REMEDIES CUMULATIVE.
 83 27    Remedies provided by this chapter are cumulative and do not
 83 28 affect the availability of remedies under other law.  
 83 29                            ARTICLE 2
 83 30                          JURISDICTION
 83 31                             PART 1
 83 32                 EXTENDED PERSONAL JURISDICTION
 83 33    Sec. 114.  NEW SECTION.  252K.201  BASES FOR JURISDICTION
 83 34 OVER NONRESIDENT.
 83 35    In a proceeding to establish, enforce, or modify a support
 84  1 order or to determine parentage, a tribunal of this state may
 84  2 exercise personal jurisdiction over a nonresident individual
 84  3 or the individual's guardian or conservator if any of the
 84  4 following applies:
 84  5    1.  The individual is personally served with notice within
 84  6 this state.
 84  7    2.  The individual submits to the jurisdiction of this
 84  8 state by consent, by entering a general appearance, or by
 84  9 filing a responsive document having the effect of waiving any
 84 10 contest to personal jurisdiction.
 84 11    3.  The individual resided with the child in this state.
 84 12    4.  The individual resided in this state and provided
 84 13 prenatal expenses or support for the child.
 84 14    5.  The child resides in this state as a result of the acts
 84 15 or directives of the individual.
 84 16    6.  The individual engaged in sexual intercourse in this
 84 17 state and the child may have been conceived by that act of
 84 18 intercourse.
 84 19    7.  The individual asserted parentage in the declaration of
 84 20 paternity registry maintained in this state by the Iowa
 84 21 department of public health pursuant to section 144.12A or
 84 22 established paternity by affidavit under section 252A.3A.
 84 23    8.  There is any other basis consistent with the
 84 24 constitutions of this state and the United States for the
 84 25 exercise of personal jurisdiction.
 84 26    Sec. 115.  NEW SECTION.  252K.202  PROCEDURE WHEN
 84 27 EXERCISING JURISDICTION OVER NONRESIDENT.
 84 28    A tribunal of this state exercising personal jurisdiction
 84 29 over a nonresident under section 252K.201 may apply section
 84 30 252K.316 to receive evidence from another state, and section
 84 31 252K.318 to obtain discovery through a tribunal of another
 84 32 state.  In all other respects, Articles 3 through 7 do not
 84 33 apply and the tribunal shall apply the procedural and
 84 34 substantive law of this state, including the rules on choice
 84 35 of law other than those established by this chapter.  
 85  1                             PART 2
 85  2            PROCEEDINGS INVOLVING TWO OR MORE STATES
 85  3    Sec. 116.  NEW SECTION.  252K.203  INITIATING AND
 85  4 RESPONDING TRIBUNAL OF THIS STATE.
 85  5    Under this chapter, a tribunal of this state may serve as
 85  6 an initiating tribunal to forward proceedings to another state
 85  7 and as a responding tribunal for proceedings initiated in
 85  8 another state.
 85  9    Sec. 117.  NEW SECTION.  252K.204  SIMULTANEOUS PROCEEDINGS
 85 10 IN ANOTHER STATE.
 85 11    1.  A tribunal of this state may exercise jurisdiction to
 85 12 establish a support order if the petition or comparable
 85 13 pleading is filed after a pleading is filed in another state
 85 14 only if all of the following apply:
 85 15    a.  The petition or comparable pleading in this state is
 85 16 filed before the expiration of the time allowed in the other
 85 17 state for filing a responsive pleading challenging the
 85 18 exercise of jurisdiction by the other state.
 85 19    b.  The contesting party timely challenges the exercise of
 85 20 jurisdiction in the other state.
 85 21    c.  If relevant, this state is the home state of the child.
 85 22    2.  A tribunal of this state may not exercise jurisdiction
 85 23 to establish a support order if the petition or comparable
 85 24 pleading is filed before a petition or comparable pleading is
 85 25 filed in another state if all of the following apply:
 85 26    a.  The petition or comparable pleading in the other state
 85 27 is filed before the expiration of the time allowed in this
 85 28 state for filing a responsive pleading challenging the
 85 29 exercise of jurisdiction by this state.
 85 30    b.  The contesting party timely challenges the exercise of
 85 31 jurisdiction in this state.
 85 32    c.  If relevant, the other state is the home state of the
 85 33 child.
 85 34    Sec. 118.  NEW SECTION.  252K.205  CONTINUING, EXCLUSIVE
 85 35 JURISDICTION.
 86  1    1.  A tribunal of this state issuing a support order
 86  2 consistent with the law of this state has continuing,
 86  3 exclusive jurisdiction over a child-support order if any of
 86  4 the following applies:
 86  5    a.  As long as this state remains the residence of the
 86  6 obligor, the individual obligee, or the child for whose
 86  7 benefit the support order is issued.
 86  8    b.  Until all of the parties who are individuals have filed
 86  9 written consents with the tribunal of this state for a
 86 10 tribunal of another state to modify the order and assume
 86 11 continuing, exclusive jurisdiction.
 86 12    2.  A tribunal of this state issuing a child-support order
 86 13 consistent with the law of this state may not exercise its
 86 14 continuing, exclusive jurisdiction to modify the order if the
 86 15 order has been modified by a tribunal of another state
 86 16 pursuant to this chapter or a law substantially similar to
 86 17 this chapter.
 86 18    3.  If a child support order of this state is modified by a
 86 19 tribunal of another state pursuant to this chapter or a law
 86 20 substantially similar to this chapter, a tribunal of this
 86 21 state loses its continuing, exclusive jurisdiction with regard
 86 22 to prospective enforcement of the order issued in this state,
 86 23 and may only:
 86 24    a.  Enforce the order that was modified as to amounts
 86 25 accruing before the modification.
 86 26    b.  Enforce nonmodifiable aspects of that order.
 86 27    c.  Provide other appropriate relief for violations of that
 86 28 order which occurred before the effective date of the
 86 29 modification.
 86 30    4.  A tribunal of this state shall recognize the
 86 31 continuing, exclusive jurisdiction of a tribunal of another
 86 32 state which has issued a child support order pursuant to this
 86 33 chapter or a law substantially similar to this chapter.
 86 34    5.  A temporary support order issued ex parte or pending
 86 35 resolution of a jurisdictional conflict does not create
 87  1 continuing, exclusive jurisdiction in the issuing tribunal.
 87  2    6.  A tribunal of this state issuing a support order
 87  3 consistent with the law of this state has continuing,
 87  4 exclusive jurisdiction over a spousal support order throughout
 87  5 the existence of the support obligation.  A tribunal of this
 87  6 state may not modify a spousal support order issued by a
 87  7 tribunal of another state having continuing, exclusive
 87  8 jurisdiction over that order under the law of that state.
 87  9    Sec. 119.  NEW SECTION.  252K.206  ENFORCEMENT AND
 87 10 MODIFICATION OF SUPPORT ORDER BY TRIBUNAL HAVING CONTINUING
 87 11 JURISDICTION.
 87 12    1.  A tribunal of this state may serve as an initiating
 87 13 tribunal to request a tribunal of another state to enforce or
 87 14 modify a support order issued in that state.
 87 15    2.  A tribunal of this state having continuing, exclusive
 87 16 jurisdiction over a support order may act as a responding
 87 17 tribunal to enforce or modify the order.  If a party subject
 87 18 to the continuing, exclusive jurisdiction of the tribunal no
 87 19 longer resides in the issuing state, in subsequent proceedings
 87 20 the tribunal may apply section 252K.316 to receive evidence
 87 21 from another state and section 252K.318 to obtain discovery
 87 22 through a tribunal of another state.
 87 23    3.  A tribunal of this state which lacks continuing,
 87 24 exclusive jurisdiction over a spousal-support order may not
 87 25 serve as a responding tribunal to modify a spousal-support
 87 26 order of another state.  
 87 27                             PART 3
 87 28                RECONCILIATION OF MULTIPLE ORDERS 
 87 29    Sec. 120.  NEW SECTION.  252K.207  RECOGNITION OF
 87 30 CONTROLLING CHILD-SUPPORT ORDER.
 87 31    1.  If a proceeding is brought under this chapter and only
 87 32 one tribunal has issued a child support order, the order of
 87 33 that tribunal controls and must be so recognized.
 87 34    2.  If a proceeding is brought under this chapter, and two
 87 35 or more child-support orders have been issued by tribunals of
 88  1 this state or another state with regard to the same obligor
 88  2 and child, a tribunal of this state shall apply the following
 88  3 rules in determining which order to recognize for purposes of
 88  4 continuing, exclusive jurisdiction:
 88  5    a.  If only one of the tribunals would have continuing,
 88  6 exclusive jurisdiction under this chapter, the order of that
 88  7 tribunal controls and must be so recognized.
 88  8    b.  If more than one of the tribunals would have
 88  9 continuing, exclusive jurisdiction under this chapter, an
 88 10 order issued by a tribunal in the current home state of the
 88 11 child controls and must be so recognized, but if an order has
 88 12 not been issued in the current home state of the child, the
 88 13 order most recently issued controls and must be so recognized.
 88 14    c.  If none of the tribunals would have continuing,
 88 15 exclusive jurisdiction under this chapter, the tribunal of
 88 16 this state having jurisdiction over the parties shall issue a
 88 17 child-support order, which controls and must be so recognized.
 88 18    3.  If two or more child support orders have been issued
 88 19 for the same obligor and child and if the obligor or the
 88 20 individual obligee resides in this state, a party may request
 88 21 a tribunal of this state to determine which order controls and
 88 22 must be so recognized under subsection 2.  The request must be
 88 23 accompanied by a certified copy of every support order in
 88 24 effect.  The requesting party shall give notice of the request
 88 25 to each party whose rights may be affected by the
 88 26 determination.
 88 27    4.  The tribunal that issued the controlling order under
 88 28 subsection 1, 2, or 3 is the tribunal that has continuing,
 88 29 exclusive jurisdiction under section 252K.205.
 88 30    5.  A tribunal of this state which determines by order the
 88 31 identity of the controlling order under subsection 2,
 88 32 paragraph "a" or "b", or which issues a new controlling order
 88 33 under subsection 2, paragraph "c", shall state in that order
 88 34 the basis upon which the tribunal made its determination.
 88 35    6.  Within thirty days after issuance of an order
 89  1 determining the identity of the controlling order, the party
 89  2 obtaining the order shall file a certified copy of it with
 89  3 each tribunal that issued or registered an earlier order of
 89  4 child support.  A party who obtains the order and fails to
 89  5 file a certified copy is subject to appropriate sanctions by a
 89  6 tribunal in which the issue of failure to file arises.  The
 89  7 failure to file does not affect the validity or enforceability
 89  8 of the controlling order.
 89  9    Sec. 121.  NEW SECTION.  252K.208  MULTIPLE CHILD SUPPORT
 89 10 ORDERS FOR TWO OR MORE OBLIGEES.
 89 11    In responding to multiple registrations or requests for
 89 12 enforcement of two or more child support orders in effect at
 89 13 the same time with regard to the same obligor and different
 89 14 individual obligees, at least one of which was issued by a
 89 15 tribunal of another state, a tribunal of this state shall
 89 16 enforce those orders in the same manner as if the multiple
 89 17 orders had been issued by a tribunal of this state.
 89 18    Sec. 122.  NEW SECTION.  252K.209  CREDIT FOR PAYMENTS.
 89 19    Amounts collected and credited for a particular period
 89 20 pursuant to a support order issued by a tribunal of another
 89 21 state must be credited against the amounts accruing or accrued
 89 22 for the same period under a support order issued by the
 89 23 tribunal of this state.  
 89 24                            ARTICLE 3
 89 25             CIVIL PROVISIONS OF GENERAL APPLICATION
 89 26    Sec. 123.  NEW SECTION.  252K.301  PROCEEDINGS UNDER THIS
 89 27 CHAPTER.
 89 28    1.  Except as otherwise provided in this chapter, this
 89 29 article applies to all proceedings under this chapter.
 89 30    2.  This chapter provides for the following proceedings:
 89 31    a.  Establishment of an order for spousal support or child
 89 32 support pursuant to Article 4.
 89 33    b.  Enforcement of a support order and income withholding
 89 34 order of another state without registration pursuant to
 89 35 Article 5.
 90  1    c.  Registration of an order for spousal support or child
 90  2 support of another state for enforcement pursuant to Article
 90  3 6.
 90  4    d.  Modification of an order for child support or spousal
 90  5 support issued by a tribunal of this state pursuant to Article
 90  6 2, part 2.
 90  7    e.  Registration of an order for child support of another
 90  8 state for modification pursuant to Article 6.
 90  9    f.  Determination of parentage pursuant to Article 7.
 90 10    g.  Assertion of jurisdiction over nonresidents pursuant to
 90 11 Article 2, part 1.
 90 12    3.  An individual movant or a support enforcement agency
 90 13 may commence a proceeding authorized under this chapter by
 90 14 filing a petition or a comparable pleading in an initiating
 90 15 tribunal for forwarding to a responding tribunal or by filing
 90 16 a petition or a comparable pleading directly in a tribunal of
 90 17 another state which has or can obtain personal jurisdiction
 90 18 over the respondent or nonmoving party.
 90 19    Sec. 124.  NEW SECTION.  252K.302  ACTION BY MINOR PARENT.
 90 20    A minor parent, or a guardian or other legal representative
 90 21 of a minor parent, may maintain a proceeding on behalf of or
 90 22 for the benefit of the minor's child.
 90 23    Sec. 125.  NEW SECTION.  252K.303  APPLICATION OF LAW OF
 90 24 THIS STATE.
 90 25    Except as otherwise provided by this chapter, a responding
 90 26 tribunal of this state shall do all of the following:
 90 27    1.  Apply the procedural and substantive law, including the
 90 28 rules on choice of law, generally applicable to similar
 90 29 proceedings originating in this state, and may exercise all
 90 30 powers and provide all remedies available in those
 90 31 proceedings.
 90 32    2.  Determine the duty of support and the amount payable in
 90 33 accordance with the law and support guidelines of this state.
 90 34    Sec. 126.  NEW SECTION.  252K.304  DUTIES OF INITIATING
 90 35 TRIBUNAL.
 91  1    1.  Upon the filing of a petition or comparable pleading
 91  2 authorized by this chapter, an initiating tribunal of this
 91  3 state shall forward three copies of the petition or comparable
 91  4 pleading and its accompanying documents:
 91  5    a.  To the responding tribunal or appropriate support
 91  6 enforcement agency in the responding state.
 91  7    b.  If the identity of the responding tribunal is unknown,
 91  8 to the state information agency of the responding state with a
 91  9 request that they be forwarded to the appropriate tribunal and
 91 10 that receipt be acknowledged.
 91 11    2.  If a responding state has not enacted this law or a law
 91 12 or procedure substantially similar to this chapter, a tribunal
 91 13 of this state may issue a certificate or other document and
 91 14 make findings required by the law of the responding state.  If
 91 15 the responding state is a foreign jurisdiction, the tribunal
 91 16 may specify the amount of support sought and provide other
 91 17 documents necessary to satisfy the requirements of the
 91 18 responding state.
 91 19    Sec. 127.  NEW SECTION.  252K.305  DUTIES AND POWERS OF
 91 20 RESPONDING TRIBUNAL.
 91 21    1.  When a responding tribunal of this state receives a
 91 22 petition or comparable pleading from an initiating tribunal or
 91 23 directly pursuant to section 252K.301, subsection 3, it shall
 91 24 cause the petition or pleading to be filed and notify the
 91 25 movant where and when it was filed.
 91 26    2.  A responding tribunal of this state, to the extent
 91 27 otherwise authorized by law, may do one or more of the
 91 28 following:
 91 29    a.  Issue or enforce a support order, modify a child-
 91 30 support order, or render a judgment to determine parentage.
 91 31    b.  Order an obligor to comply with a support order,
 91 32 specifying the amount and the manner of compliance.
 91 33    c.  Order income withholding.
 91 34    d.  Determine the amount of any arrearages, and specify a
 91 35 method of payment.
 92  1    e.  Enforce orders by civil or criminal contempt, or both.
 92  2    f.  Set aside property for satisfaction of the support
 92  3 order.
 92  4    g.  Place liens and order execution on the obligor's
 92  5 property.
 92  6    h.  Order an obligor to keep the tribunal informed of the
 92  7 obligor's current residential address, telephone number,
 92  8 employer, address of employment, and telephone number at the
 92  9 place of employment.
 92 10    i.  Issue a bench warrant for an obligor who has failed
 92 11 after proper notice to appear at a hearing ordered by the
 92 12 tribunal and enter the bench warrant in any local and state
 92 13 computer systems for criminal warrants.
 92 14    j.  Order the obligor to seek appropriate employment by
 92 15 specified methods.
 92 16    k.  Award reasonable attorney's fees and other fees and
 92 17 costs.
 92 18    l.  Grant any other available remedy.
 92 19    3.  A responding tribunal of this state shall include in a
 92 20 support order issued under this chapter, or in the documents
 92 21 accompanying the order, the calculations on which the support
 92 22 order is based.
 92 23    4.  A responding tribunal of this state may not condition
 92 24 the payment of a support order issued under this chapter upon
 92 25 compliance by a party with provisions for visitation.
 92 26    5.  If a responding tribunal of this state issues an order
 92 27 under this chapter, the tribunal shall send a copy of the
 92 28 order to the movant and the respondent and to the initiating
 92 29 tribunal, if any.
 92 30    Sec. 128.  NEW SECTION.  252K.306  INAPPROPRIATE TRIBUNAL.
 92 31    If a petition or comparable pleading is received by an
 92 32 inappropriate tribunal of this state, it shall forward the
 92 33 pleading and accompanying documents to an appropriate tribunal
 92 34 in this state or another state and notify the movant where and
 92 35 when the pleading was sent.
 93  1    Sec. 129.  NEW SECTION.  252K.307  DUTIES OF SUPPORT
 93  2 ENFORCEMENT AGENCY.
 93  3    1.  A support enforcement agency of this state, upon
 93  4 request, shall provide services to a movant in a proceeding
 93  5 under this chapter.
 93  6    2.  A support enforcement agency that is providing services
 93  7 to the movant as appropriate shall:
 93  8    a.  Take all steps necessary to enable an appropriate
 93  9 tribunal in this state or another state to obtain jurisdiction
 93 10 over the respondent.
 93 11    b.  Request an appropriate tribunal to set a date, time,
 93 12 and place for a hearing.
 93 13    c.  Make a reasonable effort to obtain all relevant
 93 14 information, including information as to income and property
 93 15 of the parties.
 93 16    d.  Within five days, exclusive of Saturdays, Sundays, and
 93 17 legal holidays, after receipt of a written notice from an
 93 18 initiating, responding, or registering tribunal, send a copy
 93 19 of the notice to the movant.
 93 20    e.  Within five days, exclusive of Saturdays, Sundays, and
 93 21 legal holidays, after receipt of a written communication from
 93 22 the respondent or the respondent's attorney, send a copy of
 93 23 the communication to the movant.
 93 24    f.  Notify the movant if jurisdiction over the respondent
 93 25 cannot be obtained.
 93 26    3.  This chapter does not create or negate a relationship
 93 27 of attorney and client or other fiduciary relationship between
 93 28 a support enforcement agency or the attorney for the agency
 93 29 and the individual being assisted by the agency.
 93 30    Sec. 130.  NEW SECTION.  252K.308  DUTY OF ATTORNEY
 93 31 GENERAL.
 93 32    If the attorney general determines that the support
 93 33 enforcement agency is neglecting or refusing to provide
 93 34 services to an individual, the attorney general may order the
 93 35 agency to perform its duties under this chapter or may provide
 94  1 those services directly to the individual.
 94  2    Sec. 131.  NEW SECTION.  252K.309  PRIVATE COUNSEL.
 94  3    An individual may employ private counsel to represent the
 94  4 individual in proceedings authorized by this chapter.
 94  5    Sec. 132.  NEW SECTION.  252K.310  DUTIES OF STATE
 94  6 INFORMATION AGENCY.
 94  7    1.  The child support recovery unit is the state
 94  8 information agency under this chapter.
 94  9    2.  The state information agency shall:
 94 10    a.  Compile and maintain a current list, including
 94 11 addresses, of the tribunals in this state which have
 94 12 jurisdiction under this chapter and any support enforcement
 94 13 agencies in this state and transmit a copy to the state
 94 14 information agency of every other state.
 94 15    b.  Maintain a register of tribunals and support
 94 16 enforcement agencies received from other states.
 94 17    c.  Forward to the appropriate tribunal in the place in
 94 18 this state in which the individual obligee or the obligor
 94 19 resides, or in which the obligor's property is believed to be
 94 20 located, all documents concerning a proceeding under this
 94 21 chapter received from an initiating tribunal or the state
 94 22 information agency of the initiating state.
 94 23    d.  Obtain information concerning the location of the
 94 24 obligor and the obligor's property within this state not
 94 25 exempt from execution, by such means as postal verification
 94 26 and federal or state locator services, examination of
 94 27 telephone directories, requests for the obligor's address from
 94 28 employers, and examination of governmental records, including,
 94 29 to the extent not prohibited by other law, those relating to
 94 30 real property, vital statistics, law enforcement, taxation,
 94 31 motor vehicles, driver's licenses, and social security.
 94 32    Sec. 133.  NEW SECTION.  252K.311  PLEADINGS AND
 94 33 ACCOMPANYING DOCUMENTS.
 94 34    1.  A movant seeking to establish or modify a support order
 94 35 or to determine parentage in a proceeding under this chapter
 95  1 must verify the petition.  Unless otherwise ordered under
 95  2 section 252K.312, the petition or accompanying documents must
 95  3 provide, so far as known, the name, residential address, and
 95  4 social security numbers of the obligor and the obligee, and
 95  5 the name, sex, residential address, social security number,
 95  6 and date of birth of each child for whom support is sought.
 95  7 The petition must be accompanied by a certified copy of any
 95  8 support order in effect.  The petition may include any other
 95  9 information that may assist in locating or identifying the
 95 10 respondent.
 95 11    2.  The petition must specify the relief sought.  The
 95 12 petition and accompanying documents shall conform
 95 13 substantially with the requirements imposed by the forms
 95 14 mandated by federal law for use in cases filed by a support
 95 15 enforcement agency.
 95 16    Sec. 134.  NEW SECTION.  252K.312  NONDISCLOSURE OF
 95 17 INFORMATION IN EXCEPTIONAL CIRCUMSTANCES.
 95 18    Upon a finding, which may be made ex parte, that the
 95 19 health, safety, or liberty of a party or child would be
 95 20 unreasonably put at risk by the disclosure of identifying
 95 21 information, or if an existing order so provides, a tribunal
 95 22 shall order that the address of the child or party or other
 95 23 identifying information not be disclosed in a pleading or
 95 24 other document filed in a proceeding under this chapter.
 95 25    Sec. 135.  NEW SECTION.  252K.313  COSTS AND FEES.
 95 26    1.  The movant shall not be required to pay a filing fee or
 95 27 other costs.
 95 28    2.  If an obligee prevails, a responding tribunal may
 95 29 assess against an obligor filing fees, reasonable attorney's
 95 30 fees, other costs, and necessary travel and other reasonable
 95 31 expenses incurred by the obligee and the obligee's witnesses.
 95 32 The tribunal may not assess fees, costs, or expenses against
 95 33 the obligee or the support enforcement agency of either the
 95 34 initiating or the responding state, except as provided by
 95 35 other law.  Attorney's fees may be taxed as costs, and may be
 96  1 ordered paid directly to the attorney, who may enforce the
 96  2 order in the attorney's own name.  Payment of support owed to
 96  3 the obligee has priority over fees, costs, and expenses.
 96  4    3.  The tribunal shall order the payment of costs and
 96  5 reasonable attorney's fees if the tribunal determines that a
 96  6 hearing was requested primarily for delay.  In a proceeding
 96  7 under Article 6, a hearing is presumed to have been requested
 96  8 primarily for delay if a registered support order is confirmed
 96  9 or enforced without change.
 96 10    Sec. 136.  NEW SECTION.  252K.314  LIMITED IMMUNITY OF
 96 11 MOVANT.
 96 12    1.  Participation by a movant in a proceeding before a
 96 13 responding tribunal, whether in person, by private attorney,
 96 14 or through services provided by the support enforcement
 96 15 agency, does not confer personal jurisdiction over the movant
 96 16 in another proceeding.
 96 17    2.  A movant is not amenable to service of civil process
 96 18 while physically present in this state to participate in a
 96 19 proceeding under this chapter.
 96 20    3.  The immunity granted by this section does not extend to
 96 21 civil litigation based on acts unrelated to a proceeding under
 96 22 this chapter committed by a party while present in this state
 96 23 to participate in the proceeding.
 96 24    Sec. 137.  NEW SECTION.  252K.315  NONPARENTAGE AS DEFENSE.
 96 25    A party whose parentage of a child has been previously
 96 26 determined by or pursuant to law may not plead nonparentage as
 96 27 a defense to a proceeding under this chapter.
 96 28    Sec. 138.  NEW SECTION.  252K.316  SPECIAL RULES OF
 96 29 EVIDENCE AND PROCEDURE.
 96 30    1.  The physical presence of the movant in a responding
 96 31 tribunal of this state is not required for the establishment,
 96 32 enforcement, or modification of a support order or the
 96 33 rendition of a judgment determining parentage.
 96 34    2.  A verified petition, affidavit, document substantially
 96 35 complying with federally mandated forms, and a document
 97  1 incorporated by reference in any of them, not excluded under
 97  2 the hearsay rule if given in person, is admissible in evidence
 97  3 if given under oath by a party or witness residing in another
 97  4 state.
 97  5    3.  A copy of the record of child-support payments
 97  6 certified as a true copy of the original by the custodian of
 97  7 the record may be forwarded to a responding tribunal.  The
 97  8 copy is evidence of facts asserted in it, and is admissible to
 97  9 show whether payments were made.
 97 10    4.  Copies of bills for testing for parentage, and for
 97 11 prenatal and postnatal health care of the mother and child,
 97 12 furnished to the adverse party at least ten days before trial,
 97 13 are admissible in evidence to prove the amount of the charges
 97 14 billed and that the charges were reasonable, necessary, and
 97 15 customary.
 97 16    5.  Documentary evidence transmitted from another state to
 97 17 a tribunal of this state by telephone, telecopier, or other
 97 18 means that do not provide an original writing may not be
 97 19 excluded from evidence on an objection based on the means of
 97 20 transmission.
 97 21    6.  In a proceeding under this chapter, a tribunal of this
 97 22 state may permit a party or witness residing in another state
 97 23 to be deposed or to testify by telephone, audiovisual means,
 97 24 or other electronic means at a designated tribunal or other
 97 25 location in that state.  A tribunal of this state shall
 97 26 cooperate with tribunals of other states in designating an
 97 27 appropriate location for the deposition or testimony.
 97 28    7.  If a party called to testify at a civil hearing refuses
 97 29 to answer on the ground that the testimony may be self-
 97 30 incriminating, the trier of fact may draw an adverse inference
 97 31 from the refusal.
 97 32    8.  A privilege against disclosure of communications
 97 33 between spouses does not apply in a proceeding under this
 97 34 chapter.
 97 35    9.  The defense of immunity based on the relationship of
 98  1 husband and wife or parent and child does not apply in a
 98  2 proceeding under this chapter.
 98  3    Sec. 139.  NEW SECTION.  252K.317  COMMUNICATIONS BETWEEN
 98  4 TRIBUNALS.
 98  5    A tribunal of this state may communicate with a tribunal of
 98  6 another state in writing, or by telephone or other means, to
 98  7 obtain information concerning the laws of that state, the
 98  8 legal effect of a judgment, decree, or order of that tribunal,
 98  9 and the status of a proceeding in the other state.  A tribunal
 98 10 of this state may furnish similar information by similar means
 98 11 to a tribunal of another state.
 98 12    Sec. 140.  NEW SECTION.  252K.318  ASSISTANCE WITH
 98 13 DISCOVERY.
 98 14    A tribunal of this state may:
 98 15    1.  Request a tribunal of another state to assist in
 98 16 obtaining discovery.
 98 17    2.  Upon request, compel a person over whom it has
 98 18 jurisdiction to respond to a discovery order issued by a
 98 19 tribunal of another state.
 98 20    Sec. 141.  NEW SECTION.  252K.319  RECEIPT AND DISBURSEMENT
 98 21 OF PAYMENTS.
 98 22    A support enforcement agency or tribunal of this state
 98 23 shall disburse promptly any amounts received pursuant to a
 98 24 support order, as directed by the order.  The agency or
 98 25 tribunal shall furnish to a requesting party or a tribunal of
 98 26 another state a certified statement by the custodian of the
 98 27 record of the amounts and dates of all payments received.  
 98 28                            ARTICLE 4
 98 29                 ESTABLISHMENT OF SUPPORT ORDER
 98 30    Sec. 142.  NEW SECTION.  252K.401  PETITION TO ESTABLISH
 98 31 SUPPORT ORDER.
 98 32    1.  If a support order entitled to recognition under this
 98 33 chapter has not been issued, a responding tribunal of this
 98 34 state may issue a support order if any of the following
 98 35 applies:
 99  1    a.  The individual seeking the order resides in another
 99  2 state.
 99  3    b.  The support enforcement agency seeking the order is
 99  4 located in another state.
 99  5    2.  The tribunal may issue a temporary child-support order
 99  6 if any of the following applies:
 99  7    a.  The respondent has signed a verified statement
 99  8 acknowledging parentage.
 99  9    b.  The respondent has been determined by or pursuant to
 99 10 law to be the parent.
 99 11    c.  There is other clear and convincing evidence that the
 99 12 respondent is the child's parent.
 99 13    3.  Upon finding, after notice and opportunity to be heard,
 99 14 that an obligor owes a duty of support, the tribunal shall
 99 15 issue a support order directed to the obligor and may issue
 99 16 other orders pursuant to section 252K.305.  
 99 17                            ARTICLE 5
 99 18   ENFORCEMENT OF ORDER OF ANOTHER STATE WITHOUT REGISTRATION
 99 19    Sec. 143.  NEW SECTION.  252K.501  EMPLOYER'S RECEIPT OF
 99 20 INCOME-WITHHOLDING ORDER OF ANOTHER STATE.
 99 21    An income-withholding order issued in another state may be
 99 22 sent to the person or entity defined as the obligor's employer
 99 23 under the income-withholding law of this state without first
 99 24 filing a petition or comparable pleading or registering the
 99 25 order with a tribunal of this state.
 99 26    Sec. 144.  NEW SECTION.  252K.502  EMPLOYER'S COMPLIANCE
 99 27 WITH INCOME-WITHHOLDING ORDER OF ANOTHER STATE.
 99 28    1.  Upon receipt of an income-withholding order, the
 99 29 obligor's employer shall immediately provide a copy of the
 99 30 order to the obligor.
 99 31    2.  The employer shall treat an income-withholding order
 99 32 issued in another state which appears regular on its face as
 99 33 if it had been issued by a tribunal of this state.
 99 34    3.  Except as otherwise provided in subsection 4 and
 99 35 section 252K.503 the employer shall withhold and distribute
100  1 the funds as directed in the withholding order by complying
100  2 with terms of the order which specify:
100  3    a.  The duration and amount of periodic payments of current
100  4 child support, stated as a sum certain.
100  5    b.  The person or agency designated to receive payments and
100  6 the address to which the payments are to be forwarded.
100  7    c.  Medical support, whether in the form of periodic cash
100  8 payment, stated as a sum certain, or ordering the obligor to
100  9 provide health insurance coverage for the child under a policy
100 10 available through the obligor's employment.
100 11    d.  The amount of periodic payments of fees and costs for a
100 12 support enforcement agency, the issuing tribunal, and the
100 13 obligee's attorney, stated as sums certain.
100 14    e.  The amount of periodic payments of arrearages and
100 15 interest on arrearages, stated as sums certain.
100 16    4.  An employer shall comply with the law of the state of
100 17 the obligor's principal place of employment for withholding
100 18 from income with respect to:
100 19    a.  The employer's fee for processing an income-withholding
100 20 order.
100 21    b.  The maximum amount permitted to be withheld from the
100 22 obligor's income.
100 23    c.  The times within which the employer must implement the
100 24 withholding order and forward the child support payment.
100 25    Sec. 145.  NEW SECTION.  252K.503  COMPLIANCE WITH MULTIPLE
100 26 INCOME-WITHHOLDING ORDERS.
100 27    If an obligor's employer receives multiple income-
100 28 withholding orders with respect to the earnings of the same
100 29 obligor, the employer satisfies the terms of the multiple
100 30 orders if the employer complies with the law of the state of
100 31 the obligor's principal place of employment to establish the
100 32 priorities for withholding and allocating income withheld for
100 33 multiple child support obligees.
100 34    Sec. 146.  NEW SECTION.  252K.504  IMMUNITY FROM CIVIL
100 35 LIABILITY.
101  1    An employer who complies with an income-withholding order
101  2 issued in another state in accordance with this article is not
101  3 subject to civil liability to an individual or agency with
101  4 regard to the employer's withholding of child support from the
101  5 obligor's income.
101  6    Sec. 147.  NEW SECTION.  252K.505  PENALTIES FOR
101  7 NONCOMPLIANCE.
101  8    An employer who willfully fails to comply with an income-
101  9 withholding order issued by another state and received for
101 10 enforcement is subject to the same penalties that may be
101 11 imposed for noncompliance with an order issued by a tribunal
101 12 of this state.
101 13    Sec. 148.  NEW SECTION.  252K.506  CONTEST BY OBLIGOR.
101 14    1.  An obligor may contest the validity or enforcement of
101 15 an income-withholding order issued in another state and
101 16 received directly by an employer in this state in the same
101 17 manner as if the order had been issued by a tribunal of this
101 18 state.  Section 252K.604 applies to the contest.
101 19    2.  The obligor shall give notice of the contest to:
101 20    a.  A support enforcement agency providing services to the
101 21 obligee.
101 22    b.  Each employer that has directly received an income-
101 23 withholding order.
101 24    c.  The person or agency designated to receive payments in
101 25 the income-withholding order, or if no person or agency is
101 26 designated, to the obligee.
101 27    Sec. 149.  NEW SECTION.  252K.507  ADMINISTRATIVE
101 28 ENFORCEMENT OF ORDERS.
101 29    1.  A party seeking to enforce a support order or an
101 30 income-withholding order, or both, issued by a tribunal of
101 31 another state may send the documents required for registering
101 32 the order to a support enforcement agency of this state.
101 33    2.  Upon receipt of the documents, the support enforcement
101 34 agency, without initially seeking to register the order, shall
101 35 consider and, if appropriate, use any administrative procedure
102  1 authorized by the law of this state to enforce a support order
102  2 or an income-withholding order, or both.  If the obligor does
102  3 not contest administrative enforcement, the order need not be
102  4 registered.  If the obligor contests the validity or
102  5 administrative enforcement of the order, the support
102  6 enforcement agency shall register the order pursuant to this
102  7 chapter.  
102  8                            ARTICLE 6
102  9          ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER
102 10                       AFTER REGISTRATION
102 11                             PART 1
102 12          REGISTRATION AND ENFORCEMENT OF SUPPORT ORDER
102 13    Sec. 150.  NEW SECTION.  252K.601  REGISTRATION OF ORDER
102 14 FOR ENFORCEMENT.
102 15    A support order or an income-withholding order issued by a
102 16 tribunal of another state may be registered in this state for
102 17 enforcement.
102 18    Sec. 151.  NEW SECTION.  252K.602  PROCEDURE TO REGISTER
102 19 ORDER FOR ENFORCEMENT.
102 20    1.  A support order or income-withholding order of another
102 21 state may be registered in this state by sending the following
102 22 documents and information to the appropriate tribunal in this
102 23 state:
102 24    a.  A letter of transmittal to the tribunal requesting
102 25 registration and enforcement.
102 26    b.  Two copies, including one certified copy, of all orders
102 27 to be registered, including any modification of an order.
102 28    c.  A sworn statement by the party seeking registration or
102 29 a certified statement by the custodian of the records showing
102 30 the amount of any arrearage.
102 31    d.  The name of the obligor and, if known:
102 32    (1)  The obligor's address and social security number.
102 33    (2)  The name and address of the obligor's employer and any
102 34 other source of income of the obligor.
102 35    (3)  A description and the location of property of the
103  1 obligor in this state not exempt from execution.
103  2    e.  The name and address of the obligee and, if applicable,
103  3 the agency or person to whom support payments are to be
103  4 remitted.
103  5    2.  On receipt of a request for registration, the
103  6 registering tribunal shall cause the order to be filed as a
103  7 foreign judgment, together with one copy of the documents and
103  8 information, regardless of their form.
103  9    3.  A petition or comparable pleading seeking a remedy that
103 10 must be affirmatively sought under other law of this state may
103 11 be filed at the same time as the request for registration or
103 12 later.  The pleading must specify the grounds for the remedy
103 13 sought.
103 14    Sec. 152.  NEW SECTION.  252K.603  EFFECT OF REGISTRATION
103 15 FOR ENFORCEMENT.
103 16    1.  A support order or income-withholding order issued in
103 17 another state is registered when the order is filed in the
103 18 registering tribunal of this state.
103 19    2.  A registered order issued in another state is
103 20 enforceable in the same manner and is subject to the same
103 21 procedures as an order issued by a tribunal of this state.
103 22    3.  Except as otherwise provided in this Article, a
103 23 tribunal of this state shall recognize and enforce, but may
103 24 not modify, a registered order if the issuing tribunal had
103 25 jurisdiction.
103 26    Sec. 153.  NEW SECTION.  252K.604  CHOICE OF LAW.
103 27    1.  The law of the issuing state governs the nature,
103 28 extent, amount, and duration of current payments and other
103 29 obligations of support and the payment of arrearages under the
103 30 order.
103 31    2.  In a proceeding for arrearages, the statute of
103 32 limitation under the laws of this state or of the issuing
103 33 state, whichever is longer, applies.  
103 34                             PART 2
103 35               CONTEST OF VALIDITY OR ENFORCEMENT
104  1    Sec. 154.  NEW SECTION.  252K.605  NOTICE OF REGISTRATION
104  2 OF ORDER.
104  3    1.  When a support order or income-withholding order issued
104  4 in another state is registered, the registering tribunal shall
104  5 notify the nonregistering party.  The notice must be
104  6 accompanied by a copy of the registered order and the
104  7 documents and relevant information accompanying the order.
104  8    2.  The notice must inform the nonregistering party:
104  9    a.  That a registered order is enforceable as of the date
104 10 of registration in the same manner as an order issued by a
104 11 tribunal of this state.
104 12    b.  That a hearing to contest the validity or enforcement
104 13 of the registered order must be requested within twenty days
104 14 after the date of mailing or personal service of the notice.
104 15    c.  That failure to contest the validity or enforcement of
104 16 the registered order in a timely manner will result in
104 17 confirmation of the order and enforcement of the order and the
104 18 alleged arrearages and precludes further contest of that order
104 19 with respect to any matter that could have been asserted.
104 20    d.  Of the amount of any alleged arrearages.
104 21    3.  Upon registration of an income-withholding order for
104 22 enforcement, the registering tribunal shall notify the
104 23 obligor's employer pursuant to the income-withholding law of
104 24 this state.
104 25    Sec. 155.  NEW SECTION.  252K.606  PROCEDURE TO CONTEST
104 26 VALIDITY OR ENFORCEMENT OF REGISTERED ORDER.
104 27    1.  A nonregistering party seeking to contest the validity
104 28 or enforcement of a registered order in this state shall
104 29 request a hearing within twenty days after the date of mailing
104 30 or personal service of notice of the registration.  The
104 31 nonregistering party may seek to vacate the registration, to
104 32 assert any defense to an allegation of noncompliance with the
104 33 registered order, or to contest the remedies being sought or
104 34 the amount of any alleged arrearages pursuant to section
104 35 252K.607.
105  1    2.  If the nonregistering party fails to contest the
105  2 validity or enforcement of the registered order in a timely
105  3 manner, the order is confirmed by operation of law.
105  4    3.  If a nonregistering party requests a hearing to contest
105  5 the validity or enforcement of the registered order, the
105  6 registering tribunal shall schedule the matter for hearing and
105  7 give notice to the parties of the date, time, and place of the
105  8 hearing.
105  9    Sec. 156.  NEW SECTION.  252K.607  CONTEST OF REGISTRATION
105 10 OR ENFORCEMENT.
105 11    1.  A party contesting the validity or enforcement of a
105 12 registered order or seeking to vacate the registration has the
105 13 burden of proving one or more of the following defenses:
105 14    a.  The issuing tribunal lacked personal jurisdiction over
105 15 the contesting party.
105 16    b.  The order was obtained by fraud.
105 17    c.  The order has been vacated, suspended, or modified by a
105 18 later order.
105 19    d.  The issuing tribunal has stayed the order pending
105 20 appeal.
105 21    e.  There is a defense under the law of this state to the
105 22 remedy sought.
105 23    f.  Full or partial payment has been made.
105 24    g.  The statute of limitation under section 252K.604
105 25 precludes enforcement of some or all of the arrearages.
105 26    2.  If a party presents evidence establishing a full or
105 27 partial defense under subsection 1, a tribunal may stay
105 28 enforcement of the registered order, continue the proceeding
105 29 to permit production of additional relevant evidence, and
105 30 issue other appropriate orders.  An uncontested portion of the
105 31 registered order may be enforced by all remedies available
105 32 under the law of this state.
105 33    3.  If the contesting party does not establish a defense
105 34 under subsection 1 to the validity or enforcement of the
105 35 order, the registering tribunal shall issue an order
106  1 confirming the order.
106  2    Sec. 157.  NEW SECTION.  252K.608  CONFIRMED ORDER.
106  3    Confirmation of a registered order, whether by operation of
106  4 law or after notice and hearing, precludes further contest of
106  5 the order with respect to any matter that could have been
106  6 asserted at the time of registration.  
106  7                             PART 3
106  8      REGISTRATION AND MODIFICATION OF CHILD-SUPPORT ORDER
106  9    Sec. 158.  NEW SECTION.  252K.609  PROCEDURE TO REGISTER
106 10 CHILD-SUPPORT ORDER OF ANOTHER STATE FOR MODIFICATION.
106 11    A party or support enforcement agency seeking to modify, or
106 12 to modify and enforce, a child-support order issued in another
106 13 state shall register that order in this state in the same
106 14 manner provided in Part 1 if the order has not been
106 15 registered.  A petition for modification may be filed at the
106 16 same time as a request for registration, or later.  The
106 17 pleading must specify the grounds for modification.
106 18    Sec. 159.  NEW SECTION.  252K.610  EFFECT OF REGISTRATION
106 19 FOR MODIFICATION.
106 20    A tribunal of this state may enforce a child-support order
106 21 of another state registered for purposes of modification, in
106 22 the same manner as if the order had been issued by a tribunal
106 23 of this state, but the registered order may be modified only
106 24 if the requirements of section 252K.611 have been met.
106 25    Sec. 160.  NEW SECTION.  252K.611  MODIFICATION OF CHILD-
106 26 SUPPORT ORDER OF ANOTHER STATE.
106 27    1.  After a child-support order issued in another state has
106 28 been registered in this state, the responding tribunal of this
106 29 state may modify that order only if section 252K.613 does not
106 30 apply and after notice and hearing it finds that paragraph "a"
106 31 or "b" applies:
106 32    a.  The following requirements are met:
106 33    (1)  The child, the individual obligee, and the obligor do
106 34 not reside in the issuing state.
106 35    (2)  A movant who is a nonresident of this state seeks
107  1 modification.
107  2    (3)  The respondent is subject to the personal jurisdiction
107  3 of the tribunal of this state.
107  4    b.  The child, or a party who is an individual, is subject
107  5 to the personal jurisdiction of the tribunal of this state and
107  6 all of the parties who are individuals have filed written
107  7 consents in the issuing tribunal for a tribunal of this state
107  8 to modify the support order and assume continuing, exclusive
107  9 jurisdiction over the order.  However, if the issuing state is
107 10 a foreign jurisdiction that has not enacted a law or
107 11 established procedures substantially similar to the procedures
107 12 under this chapter, the consent otherwise required of an
107 13 individual residing in this state is not required for the
107 14 tribunal to assume jurisdiction to modify the child-support
107 15 order.
107 16    2.  Modification of a registered child-support order is
107 17 subject to the same requirements, procedures, and defenses
107 18 that apply to the modification of an order issued by a
107 19 tribunal of this state and the order may be enforced and
107 20 satisfied in the same manner.
107 21    3.  A tribunal of this state may not modify any aspect of a
107 22 child-support order that may not be modified under the law of
107 23 the issuing state.  If two or more tribunals have issued
107 24 child-support orders for the same obligor and child, the order
107 25 that controls and must be so recognized under section 252K.207
107 26 establishes the aspects of the support order which are
107 27 nonmodifiable.
107 28    4.  On issuance of an order modifying a child-support order
107 29 issued in another state, a tribunal of this state becomes the
107 30 tribunal having continuing, exclusive jurisdiction.
107 31    Sec. 161.  NEW SECTION.  252K.612  RECOGNITION OF ORDER
107 32 MODIFIED IN ANOTHER STATE.
107 33    A tribunal of this state shall recognize a modification of
107 34 its earlier child-support order by a tribunal of another state
107 35 which assumed jurisdiction pursuant to this chapter or a law
108  1 substantially similar to this chapter and, upon request,
108  2 except as otherwise provided in this chapter, shall:
108  3    1.  Enforce the order that was modified only as to amounts
108  4 accruing before the modification.
108  5    2.  Enforce only nonmodifiable aspects of that order.
108  6    3.  Provide other appropriate relief only for violations of
108  7 the order which occurred before the effective date of the
108  8 modification.
108  9    4.  Recognize the modifying order of the other state, upon
108 10 registration, for the purpose of enforcement.
108 11    Sec. 162.  NEW SECTION.  252K.613  JURISDICTION TO MODIFY
108 12 CHILD-SUPPORT ORDER OF ANOTHER STATE WHEN INDIVIDUAL PARTIES
108 13 RESIDE IN THIS STATE.
108 14    1.  If all of the parties who are individuals reside in
108 15 this state and the child does not reside in the issuing state,
108 16 a tribunal of this state has jurisdiction to enforce and to
108 17 modify the issuing state's child-support order in a proceeding
108 18 to register that order.
108 19    2.  A tribunal of this state exercising jurisdiction under
108 20 this section shall apply the provisions of Articles 1 and 2,
108 21 this Article, and the procedural and substantive law of this
108 22 state to the proceeding for enforcement or modification.
108 23 Articles 3, 4, 5, 7, and 8 do not apply.
108 24    Sec. 163.  NEW SECTION.  252K.614  NOTICE TO ISSUING
108 25 TRIBUNAL OF MODIFICATION.
108 26    Within thirty days after issuance of a modified child-
108 27 support order, the party obtaining the modification shall file
108 28 a certified copy of the order with the issuing tribunal that
108 29 had continuing, exclusive jurisdiction over the earlier order,
108 30 and in each tribunal in which the party knows the earlier
108 31 order has been registered.  A party who obtains the order and
108 32 fails to file a certified copy is subject to appropriate
108 33 sanctions by a tribunal in which the issue of failure to file
108 34 arises.  The failure to file does not affect the validity or
108 35 enforceability of the modified order of the new tribunal
109  1 having continuing, exclusive jurisdiction.  
109  2                            ARTICLE 7
109  3                   DETERMINATION OF PARENTAGE
109  4    Sec. 164.  NEW SECTION.  252K.701  PROCEEDING TO DETERMINE
109  5 PARENTAGE.
109  6    1.  A tribunal of this state may serve as an initiating or
109  7 responding tribunal in a proceeding brought under this chapter
109  8 or a law or procedure substantially similar to this chapter,
109  9 the Uniform Reciprocal Enforcement of Support Act, or the
109 10 Revised Uniform Reciprocal Enforcement of Support Act to
109 11 determine that the petitioner is a parent of a particular
109 12 child or to determine that a respondent is a parent of that
109 13 child.
109 14    2.  In a proceeding to determine parentage, a responding
109 15 tribunal of this state shall apply the procedural and
109 16 substantive laws pursuant to chapters 252A and 252F, and the
109 17 rules of this state on choice of law.  
109 18                            ARTICLE 8
109 19                      INTERSTATE RENDITION
109 20    Sec. 165.  NEW SECTION.  252K.801  GROUNDS FOR RENDITION.
109 21    1.  For purposes of this Article, "governor" includes an
109 22 individual performing the functions of governor or the
109 23 executive authority of a state covered by this chapter.
109 24    2.  The governor of this state may:
109 25    a.  Demand that the governor of another state surrender an
109 26 individual found in the other state who is charged criminally
109 27 in this state with having failed to provide for the support of
109 28 an obligee.
109 29    b.  On the demand by the governor of another state,
109 30 surrender an individual found in this state who is charged
109 31 criminally in the other state with having failed to provide
109 32 for the support of an obligee.
109 33    3.  A provision for extradition of individuals not
109 34 inconsistent with this chapter applies to the demand even if
109 35 the individual whose surrender is demanded was not in the
110  1 demanding state when the crime was allegedly committed and has
110  2 not fled therefrom.
110  3    Sec. 166.  NEW SECTION.  252K.802  CONDITIONS OF RENDITION.
110  4    1.  Before making demand that the governor of another state
110  5 surrender an individual charged criminally in this state with
110  6 having failed to provide for the support of an obligee, the
110  7 governor of this state may require a prosecutor of this state
110  8 to demonstrate that at least sixty days previously the obligee
110  9 had initiated proceedings for support pursuant to this chapter
110 10 or that the proceeding would be of no avail.
110 11    2.  If, under this chapter, or a law substantially similar
110 12 to this chapter, the Uniform Reciprocal Enforcement of Support
110 13 Act, or the Revised Uniform Reciprocal Enforcement of Support
110 14 Act, the governor of another state makes a demand that the
110 15 governor of this state surrender an individual charged
110 16 criminally in that state with having failed to provide for the
110 17 support of a child or other individual to whom a duty of
110 18 support is owed, the governor may require a prosecutor to
110 19 investigate the demand and report whether a proceeding for
110 20 support has been initiated or would be effective.  If it
110 21 appears that a proceeding would be effective but has not been
110 22 initiated, the governor may delay honoring the demand for a
110 23 reasonable time to permit the initiation of a proceeding.
110 24    3.  If a proceeding for support has been initiated and the
110 25 individual whose rendition is demanded prevails, the governor
110 26 may decline to honor the demand.  If the movant prevails and
110 27 the individual whose rendition is demanded is subject to a
110 28 support order, the governor may decline to honor the demand if
110 29 the individual is complying with the support order.  
110 30                            ARTICLE 9
110 31                    MISCELLANEOUS PROVISIONS
110 32    Sec. 167.  NEW SECTION.  252K.901  UNIFORMITY OF
110 33 APPLICATION AND CONSTRUCTION.
110 34    This chapter shall be applied and construed to effectuate
110 35 its general purpose to make uniform the law with respect to
111  1 the subject of this chapter among states enacting it.
111  2    Sec. 168.  NEW SECTION.  252K.902  SHORT TITLE.
111  3    This chapter may be cited as the Uniform Interstate Family
111  4 Support Act.
111  5    Sec. 169.  NEW SECTION.  252K.903  SEVERABILITY CLAUSE.
111  6    If any provision of this chapter or its application to any
111  7 person or circumstance is held invalid, the invalidity does
111  8 not affect other provisions or application of this chapter
111  9 which can be given effect without the invalid provision or
111 10 application, and to this end the provisions of this chapter
111 11 are severable.
111 12    Sec. 170.  NEW SECTION.  252K.904  EFFECTIVE DATE –
111 13 PENDING MATTERS.
111 14    1.  This chapter takes effect January 1, 1998.
111 15    2.  A tribunal of this state shall apply this chapter
111 16 beginning January 1, 1998, with the following conditions:
111 17    a.  Matters pending on January 1, 1998, shall be governed
111 18 by this chapter.
111 19    b.  Pleadings and accompanying documents on pending matters
111 20 are sufficient if the documents substantially comply with the
111 21 requirements of chapter 252A in effect on December 31, 1997.  
111 22                          DIVISION XII
111 23    Sec. 171.  Section 598.1, subsection 6, Code 1997, is
111 24 amended to read as follows:
111 25    6.  "Support" or "support payments" means an amount which
111 26 the court may require either of the parties to pay under a
111 27 temporary order or a final judgment or decree, and may include
111 28 alimony, child support, maintenance, and any other term used
111 29 to describe these obligations.  For orders entered on or after
111 30 July 1, 1990, unless the court specifically orders otherwise,
111 31 medical support is not included in the monetary amount of
111 32 child support.  The obligations may include support for a
111 33 child who is between the ages of eighteen and twenty-two years
111 34 who is regularly attending an accredited school in pursuance
111 35 of a course of study leading to a high school diploma or its
112  1 equivalent, or regularly attending a course of vocational-
112  2 technical training either as a part of a regular school
112  3 program or under special arrangements adapted to the
112  4 individual person's needs; or is, in good faith, a full-time
112  5 student in a college, university, or community college; or has
112  6 been accepted for admission to a college, university, or
112  7 community college and the next regular term has not yet begun;
112  8 or a child of any age who is dependent on the parties to the
112  9 dissolution proceedings because of physical or mental
112 10 disability.
112 11    Sec. 172.  Section 598.5, subsection 5, Code 1997, is
112 12 amended to read as follows:
112 13    5.  State whether or not a separate action for dissolution
112 14 of marriage or child support has been commenced by the
112 15 respondent and whether such action is pending in any court in
112 16 this state or elsewhere.  State whether the entry of an order
112 17 would violate 28 U.S.C. } 1738B.  If there is an existing
112 18 child support order, the party shall disclose identifying
112 19 information regarding the order.
112 20    Sec. 173.  Section 598.21, subsection 4, paragraph a, Code
112 21 1997, is amended to read as follows:
112 22    a.  Upon Unless prohibited pursuant to 28 U.S.C. } 1738B,
112 23 upon every judgment of annulment, dissolution, or separate
112 24 maintenance, the court may order either parent or both parents
112 25 to pay an amount reasonable and necessary for supporting a
112 26 child.  In establishing the amount of support, consideration
112 27 shall be given to the responsibility of both parents to
112 28 support and provide for the welfare of the minor child and of
112 29 a child's need, whenever practicable, for a close relationship
112 30 with both parents.  There shall be a rebuttable presumption
112 31 that the amount of child support which would result from the
112 32 application of the guidelines prescribed by the supreme court
112 33 is the correct amount of child support to be awarded.  A
112 34 variation from the guidelines shall not be considered by a
112 35 court without a record or written finding, based on stated
113  1 reasons, that the guidelines would be unjust or inappropriate
113  2 as determined under the criteria prescribed by the supreme
113  3 court.
113  4    The court shall order as child medical support a health
113  5 benefit plan as defined in chapter 252E if available to either
113  6 parent at a reasonable cost.  A health benefit plan is
113  7 considered reasonable in cost if it is employment-related or
113  8 other group health insurance, regardless of the service
113  9 delivery mechanism.  The premium cost of the health benefit
113 10 plan may be considered by the court as a reason for varying
113 11 from the child support guidelines.  If a health benefit plan
113 12 is not available at a reasonable cost, the court may order any
113 13 other provisions for medical support as defined in chapter
113 14 252E.
113 15    Sec. 174.  Section 598.21, subsection 8, unnumbered
113 16 paragraphs 2 and 3, Code 1997, are amended to read as follows:
113 17    A Unless otherwise provided pursuant to 28 U.S.C. } 1738B,
113 18 a modification of a support order entered under chapter 234,
113 19 252A, 252C, 600B, this chapter, or any other support chapter
113 20 or proceeding between parties to the order is void unless the
113 21 modification is approved by the court, after proper notice and
113 22 opportunity to be heard is given to all parties to the order,
113 23 and entered as an order of the court.  If support payments
113 24 have been assigned to the department of human services
113 25 pursuant to section 234.39, 239.3, or 252E.11, or if services
113 26 are being provided pursuant to chapter 252B, the department
113 27 shall be considered is a party to the support order.
113 28 Modifications of orders pertaining to child custody shall be
113 29 made pursuant to chapter 598A.  If the petition for a
113 30 modification of an order pertaining to child custody asks
113 31 either for joint custody or that joint custody be modified to
113 32 an award of sole custody, the modification, if any, shall be
113 33 made pursuant to section 598.41.
113 34    Judgments for child support or child support awards entered
113 35 pursuant to this chapter, chapter 234, 252A, 252C, 252F, 600B,
114  1 or any other chapter of the Code which are subject to a
114  2 modification proceeding may be retroactively modified only
114  3 from the date the notice of the pending petition for
114  4 modification is served on the opposing party.  The prohibition
114  5 of retroactive modification does not bar the child support
114  6 recovery unit from obtaining orders for accrued support for
114  7 previous time periods.  Any retroactive modification which
114  8 increases the amount of child support or any order for accrued
114  9 support under this paragraph shall include a periodic payment
114 10 plan.  A retroactive modification shall not be regarded as a
114 11 delinquency unless there are subsequent failures to make
114 12 payments.
114 13    Sec. 175.  Section 598.21, subsection 9, unnumbered
114 14 paragraph 2, Code 1997, is amended to read as follows:
114 15    This basis for modification is applicable to petitions
114 16 filed on or after July 1, 1992, notwithstanding whether the
114 17 guidelines prescribed by subsection 4 were used in
114 18 establishing the current amount of support.  Upon application
114 19 for a modification of an order for child support for which
114 20 services are being received pursuant to chapter 252B, the
114 21 court shall set the amount of child support based upon the
114 22 most current child support guidelines established pursuant to
114 23 subsection 4, including provisions for medical support
114 24 pursuant to chapter 252E.  The child support recovery unit
114 25 shall, in submitting an application for modification, or
114 26 adjustment, or alteration of an order for support, employ
114 27 additional criteria and procedures as provided in chapter 252H
114 28 and as established by rule.
114 29    Sec. 176.  Section 598.21, subsection 10, Code 1997, is
114 30 amended to read as follows:
114 31    10.  Notwithstanding any other provision of law to the
114 32 contrary, when an application for modification or adjustment
114 33 of support is submitted by the child support recovery unit,
114 34 the sole issues which may be considered by the court in that
114 35 action are the application of the guidelines in establishing
115  1 the amount of support pursuant to subsection 4, and provision
115  2 for medical support under chapter 252E.  When an application
115  3 for a cost-of-living alteration of support is submitted by the
115  4 child support recovery unit pursuant to section 252H.24, the
115  5 sole issue which may be considered by the court in the action
115  6 is the application of the cost-of-living alteration in
115  7 establishing the amount of child support.  Issues related to
115  8 custody, visitation, or other provisions unrelated to support
115  9 shall be considered only under a separate application for
115 10 modification.
115 11    Sec. 177.  Section 598.22, Code 1997, is amended to read as
115 12 follows:
115 13    598.22  SUPPORT PAYMENTS – CLERK OF COURT – COLLECTION
115 14 SERVICES CENTER – DEFAULTS – SECURITY.
115 15    Except as otherwise provided in section 598.22A, this
115 16 section applies to all initial or modified orders for support
115 17 entered under this chapter, chapter 234, 252A, 252C, 252F,
115 18 600B, or any other chapter of the Code.  All orders or
115 19 judgments entered under chapter 234, 252A, 252C, 252F, or
115 20 600B, or under this chapter or any other chapter which provide
115 21 for temporary or permanent support payments shall direct the
115 22 payment of those sums to the clerk of the district court or
115 23 the collection services center in accordance with section
115 24 252B.14 for the use of the person for whom the payments have
115 25 been awarded.  Payments to persons other than the clerk of the
115 26 district court and the collection services center do not
115 27 satisfy the support obligations created by the orders or
115 28 judgments, except as provided for trusts governed by the
115 29 federal Retirement Equity Act of 1984, Pub. L. No. 98-397, for
115 30 tax refunds or rebates in section 602.8102, subsection 47, or
115 31 for dependent benefits paid to the child support obligee as
115 32 the result of disability benefits awarded to the child support
115 33 obligor under the federal Social Security Act.  For trusts
115 34 governed by the federal Retirement Equity Act of 1984, Pub. L.
115 35 No. 98-397, the assignment of order for income withholding or
116  1 notice of the order for income withholding shall require the
116  2 payment of such sums to the alternate payee in accordance with
116  3 the federal Act.
116  4    Upon a finding of previous failure to pay child support,
116  5 the court may order the person obligated for permanent child
116  6 support to make an assignment of periodic earnings or trust
116  7 income to the clerk of court or the collection services center
116  8 established pursuant to section 252B.13A for the use of the
116  9 person for whom the assignment is ordered.  The assignment of
116 10 earnings ordered by the court shall not exceed the amounts set
116 11 forth in 15 U.S.C. } 1673(b)(1982).  The assignment is binding
116 12 on the employer, trustee, or other payor of the funds two
116 13 weeks after service upon that person of notice that the
116 14 assignment has been made.  The payor shall withhold from the
116 15 earnings or trust income payable to the person obligated the
116 16 amount specified in the assignment and shall transmit the
116 17 payments to the clerk or the collection services center, as
116 18 appropriate.  An income withholding order or notice of the
116 19 order for income withholding shall be entered under the terms
116 20 and conditions of chapter 252D.  However, for trusts governed
116 21 by the federal Retirement Equity Act of 1984, Pub. L. No. 98-
116 22 397, the payor shall transmit the payments to the alternate
116 23 payee in accordance with the federal Act.  The payor may
116 24 deduct from each payment a sum not exceeding two dollars as a
116 25 reimbursement for costs.  An employer who dismisses an
116 26 employee due to the entry of an assignment order commits a
116 27 simple misdemeanor.
116 28    An assignment of periodic income may also be entered under
116 29 the terms and conditions of chapter 252D.
116 30    An order or judgment entered by the court for temporary or
116 31 permanent support or for an assignment income withholding
116 32 shall be filed with the clerk.  The orders have the same force
116 33 and effect as judgments when entered in the judgment docket
116 34 and lien index and are records open to the public.  The clerk
116 35 or the collection services center, as appropriate, shall
117  1 disburse the payments received pursuant to the orders or
117  2 judgments within two working days of the receipt of the
117  3 payments.  All moneys received or disbursed under this section
117  4 shall be entered in records kept by the clerk, or the
117  5 collection services center, as appropriate, which shall be
117  6 available to the public.  The clerk or the collection services
117  7 center shall not enter any moneys paid in the record book if
117  8 not paid directly to the clerk or the center, as appropriate,
117  9 except as provided for trusts and federal social security
117 10 disability payments in this section, and for tax refunds or
117 11 rebates in section 602.8102, subsection 47.
117 12    If the sums ordered to be paid in a support payment order
117 13 are not paid to the clerk or the collection services center,
117 14 as appropriate, at the time provided in the order or judgment,
117 15 the clerk or the collection services center, as appropriate,
117 16 shall certify a default to the court which may, on its own
117 17 motion, proceed as provided in section 598.23.
117 18    Prompt payment of sums required to be paid under sections
117 19 598.11 and 598.21 is the essence of such orders or judgments
117 20 and the court may act pursuant to section 598.23 regardless of
117 21 whether the amounts in default are paid prior to the contempt
117 22 hearing.
117 23    Upon entry of an order for support or upon the failure of a
117 24 person to make payments pursuant to an order for support, the
117 25 court may require the person to provide security, a bond, or
117 26 other guarantee which the court determines is satisfactory to
117 27 secure the payment of the support.  Upon the person's failure
117 28 to pay the support under the order, the court may declare the
117 29 security, bond, or other guarantee forfeited.
117 30    For the purpose of enforcement, medical support is
117 31 additional support which, upon being reduced to a dollar
117 32 amount, may be collected through the same remedies available
117 33 for the collection and enforcement of child support.
117 34    Sec. 178.  NEW SECTION.  598.22B  INFORMATION REQUIRED IN
117 35 ORDER OR JUDGMENT.
118  1    This section applies to all initial or modified orders for
118  2 paternity or support entered under this chapter, chapter 234,
118  3 252A, 252C, 252F, 252H, 252K, 600B, or under any other
118  4 chapter, and any subsequent order to enforce such support
118  5 orders.
118  6    1.  All such orders or judgments shall direct each party to
118  7 file with the clerk of court or the child support recovery
118  8 unit, as appropriate, upon entry of the order, and to update
118  9 as appropriate, information on location and identity of the
118 10 party, including social security number, residential and
118 11 mailing addresses, telephone number, driver's license number,
118 12 and name, address, and telephone number of the party's
118 13 employer.  The order shall also include a provision that the
118 14 information filed will be disclosed and used pursuant to this
118 15 section.  The party shall file the information with the clerk
118 16 of court, or, if support payments are to be directed to the
118 17 collection services center as provided in sections 252B.14 and
118 18 252B.16, with the child support recovery unit .
118 19    2.  All such orders or judgments shall include a statement
118 20 that in any subsequent child support action initiated by the
118 21 child support recovery unit or between the parties, upon
118 22 sufficient showing that diligent effort has been made to
118 23 ascertain the location of such a party, the unit or the court
118 24 may deem due process requirements for notice and service of
118 25 process to be met with respect to the party, upon delivery of
118 26 written notice to the most recent residential or employer
118 27 address filed with the clerk of court or unit pursuant to
118 28 subsection 1.
118 29    3.  a.  Information filed pursuant to subsection 1 shall
118 30 not be a public record.
118 31    b.  Information filed with the clerk of court pursuant to
118 32 subsection 1 shall be available to the child support recovery
118 33 unit, upon request.
118 34    c.  Information filed with the clerk of court shall be
118 35 available, upon request, to a party unless the party filing
119  1 the information also files an affidavit alleging the party has
119  2 reason to believe that release of the information may result
119  3 in physical or emotional harm to the affiant or child.
119  4    d.  If the child support recovery unit is providing
119  5 services pursuant to chapter 252B, information filed with the
119  6 unit shall only be disclosed as provided in section 252B.9.
119  7    Sec. 179.  Section 598.23, subsection 2, paragraph a, Code
119  8 1997, is amended by striking the paragraph and inserting in
119  9 lieu thereof the following:
119 10    a.  Withholds income under the terms and conditions of
119 11 chapter 252D.
119 12    Sec. 180.  Section 598.34, Code 1997, is amended to read as
119 13 follows:
119 14    598.34  RECIPIENTS OF PUBLIC ASSISTANCE – ASSIGNMENT OF
119 15 SUPPORT PAYMENTS.
119 16    A person entitled to periodic support payments pursuant to
119 17 an order or judgment entered in an action for dissolution of
119 18 marriage, who is also a recipient of public assistance, is
119 19 deemed to have assigned the person's rights to the support
119 20 payments, to the extent of public assistance received by the
119 21 person, to the department of human services.  If public
119 22 assistance is provided by the department of human services to
119 23 or on behalf of a dependent child or a dependent child's
119 24 caretaker, there is an assignment by operation of law to the
119 25 department of any and all rights in, title to, and interest in
119 26 any support obligation, payment, and arrearages owed to or for
119 27 the child or caretaker not to exceed the amount of public
119 28 assistance paid for or on behalf of the child or caretaker.
119 29 The department shall immediately notify the clerk of court by
119 30 mail when a person entitled to support payments such a child
119 31 or caretaker has been determined to be eligible for public
119 32 assistance.  Upon notification by the department that a person
119 33 entitled to periodic support payments pursuant to this chapter
119 34 is receiving public assistance, the clerk of court shall make
119 35 a notation of the automatic assignment in the judgment docket
120  1 and lien index.  The notation constitutes constructive notice
120  2 of the assignment.  For public assistance approved and
120  3 provided on or after July 1, 1997, if the applicant for public
120  4 assistance is a person other than a parent of the child, the
120  5 department shall send a notice by regular mail to the last
120  6 known addresses of the obligee and obligor.  The clerk of
120  7 court shall forward support payments received pursuant to
120  8 section 598.22, to which the department is entitled, to the
120  9 department, which may secure support payments in default
120 10 through other proceedings provided for in chapter 252A or
120 11 section 598.24.
120 12    The clerk shall furnish the department with copies of all
120 13 orders or decrees awarding and temporary or domestic abuse
120 14 orders addressing support to parties having custody of minor
120 15 children when the parties are receiving public assistance or
120 16 services are otherwise provided by the child support recovery
120 17 unit pursuant to chapter 252B.  Unless otherwise specified in
120 18 the order, an equal and proportionate share of any child
120 19 support awarded shall be presumed to be payable on behalf of
120 20 each child subject to the order or judgment for purposes of an
120 21 assignment under this section.
120 22    Sec. 181.  CHILD SUPPORT GUIDELINES – AMENDMENT.
120 23    1.  At the time of the next review of the uniform child
120 24 support guidelines following July 1, 1997, the supreme court
120 25 shall amend the guidelines to establish guidelines based upon
120 26 those developed and used in Delaware which include a
120 27 determination of primary child support, taking into
120 28 consideration each parent's available net income for child
120 29 support, calculating the primary support need, and determining
120 30 the primary support obligation of each parent; provide for a
120 31 standard-of-living adjustment; and, at the supreme court's
120 32 discretion, provide for supplemental quarterly child support.
120 33    2.  Following adoption of the guidelines, subsequent
120 34 modifications of child support orders shall meet the
120 35 guidelines in accordance with the modification provisions of
121  1 this section or chapter 252H.
121  2    3.  Following adoption of the guidelines, the judicial
121  3 department shall submit recommendations to the general
121  4 assembly for statutory changes necessary to implement the
121  5 guidelines.  
121  6                          DIVISION XIII
121  7    Sec. 182.  NEW SECTION.  252B.22  STATEWIDE SUPPORT LIEN
121  8 INDEX.
121  9    1.  The child support recovery unit created in chapter 252B
121 10 shall establish a task force to assist in the development of a
121 11 plan for a statewide support lien index.  The unit, in
121 12 consultation with the task force, may recommend additional
121 13 statutory changes to the general assembly by January 1, 1999,
121 14 to facilitate implementation of a statewide index.
121 15    2.  The plan shall provide for an index pertaining to any
121 16 person against whom a support judgment is entered, registered,
121 17 or otherwise filed with a court in this state, against whom
121 18 the unit is enforcing a support judgment, or against whom an
121 19 interstate lien form promulgated by the United States
121 20 secretary of health and human services is filed.  The plan
121 21 shall also provide for implementation and administration of an
121 22 automated statewide support lien index, access to at least one
121 23 location in every county, and the development of procedures to
121 24 periodically update the lien information.
121 25    3.  Members of the task force may include, but shall not be
121 26 limited to, representatives, appointed by the respective
121 27 entity, of the abstractors' association, realtors'
121 28 association, Iowa state bar association, county recorders'
121 29 association, clerks of court association, county treasurers'
121 30 association, automobile dealers' association, department of
121 31 revenue and finance, state department of transportation, the
121 32 office of the secretary of state, the office of the state
121 33 court administrator, and other constituency groups and
121 34 agencies which have an interest in a statewide support lien
121 35 index to record liens.  Appointments shall be made in
122  1 accordance with sections 69.16 and 69.16A.  Vacancies shall be
122  2 filled by the original appointment authority and in the manner
122  3 of the original appointments.
122  4    Sec. 183.  Section 624.23, Code 1997, is amended by adding
122  5 the following new subsection:
122  6    NEW SUBSECTION.  4.  In addition to other provisions
122  7 relating to the attachment of liens, full faith and credit
122  8 shall be afforded to liens arising for overdue support due on
122  9 support judgments entered by a court or administrative agency
122 10 of another state on real estate in this state owned by the
122 11 obligor, for the period of ten years from the date of the
122 12 judgment.  Notwithstanding any other provisions of law,
122 13 including but not limited to, the formatting of forms, payment
122 14 of filing fees, or requirement of signatures, the lien
122 15 attaches on the date, whichever is earlier, that a notice of
122 16 interstate lien promulgated by the United States secretary of
122 17 health and human services is either:
122 18    a.  Filed with the clerk of district court in the county
122 19 where the real estate is located.
122 20    b.  Recorded in a statewide support lien index as provided
122 21 in section 252B.22.
122 22    The lien shall apply only prospectively as of the date of
122 23 attachment to all real estate the obligor may subsequently
122 24 acquire and does not retroactively apply to the chain of title
122 25 for any real estate that the obligor had disposed of prior to
122 26 the date of attachment.
122 27    Sec. 184.  Section 624.24, Code 1997, is amended to read as
122 28 follows:
122 29    624.24  WHEN JUDGMENT LIEN ATTACHES.
122 30    1.  When the real estate lies in the county wherein the
122 31 judgment of the district court of this state or of the circuit
122 32 or district courts of the United States was entered in the
122 33 judgment docket and lien index kept by the clerk of the court
122 34 having jurisdiction, the lien shall attach from the date of
122 35 such entry of judgment, but if in another it will not attach
123  1 until an attested copy of the judgment is filed in the office
123  2 of the clerk of the district court of the county in which the
123  3 real estate lies.
123  4    2.  In addition to other provisions relating to the
123  5 attachment of liens, upon the establishment of a statewide
123  6 support lien index, as provided in section 252B.22, support
123  7 judgments entered, registered, or otherwise filed with a court
123  8 in this state, support judgments being enforced by the child
123  9 support recovery unit created in chapter 252B, or support
123 10 judgments for which an interstate lien form promulgated by the
123 11 United States secretary of health and human services is filed,
123 12 are liens upon any real estate owned by the obligor in any
123 13 county in this state upon the date the lien is recorded on a
123 14 statewide support lien index.  The lien shall attach to all
123 15 real estate the obligor may subsequently acquire after that
123 16 date, shall apply only prospectively as of the date of filing
123 17 and does not retroactively apply to the chain of title for any
123 18 real estate that the obligor had disposed of prior to the date
123 19 of the entry of the lien on a statewide support lien index or
123 20 other recording of the lien.
123 21    Sec. 185.  NEW SECTION.  624.24A  LIENS OF SUPPORT
123 22 JUDGMENTS.
123 23    1.  In addition to other provisions relating to the
123 24 attachment of liens, support judgments in the appellate or
123 25 district courts of this state, are liens upon the personal
123 26 property titled in this state and owned by the obligor at the
123 27 time of such rendition or subsequently acquired by the
123 28 obligor.
123 29    2.  The lien shall attach from the date of the notation on
123 30 the title.
123 31    3.  In addition to other provisions relating to the
123 32 attachment of liens, full faith and credit shall be afforded
123 33 to a lien arising for overdue support due on support judgments
123 34 entered by a court or administrative agency of another state
123 35 on personal property titled in this state and owned by the
124  1 obligor.  In this state, a lien attaches on the date,
124  2 whichever is earlier that a notice of interstate lien
124  3 promulgated by the United States secretary of health and human
124  4 services is either:
124  5    a.  Filed with the clerk of district court in the county
124  6 where the personal property is titled and the lien is noted on
124  7 the title.
124  8    b.  Recorded in the statewide support lien index as
124  9 provided in section 252B.22.
124 10    The lien shall apply only prospectively as of the date of
124 11 attachment, shall attach to any titled personal property the
124 12 obligor may subsequently acquire, and does not retroactively
124 13 apply to the chain of title for any personal property that the
124 14 obligor had disposed of prior to the date of attachment.
124 15    4.  In addition to other provisions relating to the
124 16 attachment of liens, upon the establishment of a statewide
124 17 support lien index as provided in section 252B.22, support
124 18 judgments entered, registered, or otherwise filed with a court
124 19 in this state, support judgments being enforced by the child
124 20 support recovery unit created in chapter 252B, or support
124 21 judgments for which an interstate lien form promulgated by the
124 22 United States secretary of health and human services is filed,
124 23 are liens upon any personal property owned by the obligor and
124 24 titled in any county in the state when recorded on a statewide
124 25 support lien index.  The lien shall apply only prospectively
124 26 to the date of filing and shall attach to all titled personal
124 27 property the obligor may subsequently acquire, and does not
124 28 retroactively apply to the chain of title for any titled
124 29 personal property that the obligor has disposed of prior to
124 30 the date of the entry of the lien on a statewide support lien
124 31 index or other recording of the lien.  
124 32                          DIVISION XIV
124 33                             PART A
124 34    Sec. 186.  Section 600B.9, Code 1997, is amended to read as
124 35 follows:
125  1    600B.9  TIME OF INSTITUTING PROCEEDINGS.
125  2    The proceedings may be instituted during the pregnancy of
125  3 the mother or after the birth of the child, but, except with
125  4 the consent of all parties, the trial shall not be held until
125  5 after the birth of the child and shall be held no earlier than
125  6 twenty days from the date the alleged father is served with
125  7 notice of the action or, if blood or genetic tests are
125  8 conducted, no earlier than fifty thirty days from the date the
125  9 test results are filed with the clerk of the district court as
125 10 provided under section 600B.41.
125 11    Sec. 187.  Section 600B.18, Code 1997, is amended to read
125 12 as follows:
125 13    600B.18  METHOD OF TRIAL.
125 14    The trial shall be by jury, if either party demands a jury,
125 15 otherwise by the court, and shall be conducted as in other
125 16 civil cases.
125 17    Sec. 188.  Section 600B.23, Code 1997, is amended to read
125 18 as follows:
125 19    600B.23  COSTS PAYABLE BY COUNTY.
125 20    If the verdict of the jury at the trial or the finding of
125 21 the court be in favor of the defendant the costs of the action
125 22 shall be paid by the county.
125 23    Sec. 189.  Section 600B.24, subsection 2, Code 1997, is
125 24 amended to read as follows:
125 25    2.  Upon a finding or verdict of paternity against the
125 26 defendant, the court shall enter a judgment against the
125 27 defendant declaring paternity and ordering support of the
125 28 child.
125 29    Sec. 190.  Section 600B.25, Code 1997, is amended to read
125 30 as follows:
125 31    600B.25  FORM OF JUDGMENT – CONTENTS OF SUPPORT ORDER –
125 32 EVIDENCE – COSTS.
125 33    1.  Upon a finding or verdict of paternity pursuant to
125 34 section 600B.24, the court shall establish the father's
125 35 monthly support payment and the amount of the support debt
126  1 accrued or accruing pursuant to section 598.21, subsection 4,
126  2 until the child reaches majority or until the child finishes
126  3 high school, if after majority.  The court may order the
126  4 father to pay amounts the court deems appropriate for the past
126  5 support and maintenance of the child and for the reasonable
126  6 and necessary expenses incurred by or for the mother in
126  7 connection with prenatal care, the birth of the child, and
126  8 postnatal care of the child and the mother, and other medical
126  9 support as defined in section 252E.1.  The court may award the
126 10 prevailing party the reasonable costs of suit, including but
126 11 not limited to reasonable attorney fees.
126 12    2.  A copy of a bill for the costs of prenatal care or the
126 13 birth of the child shall be admitted as evidence, without
126 14 requiring third-party foundation testimony, and shall
126 15 constitute prima facie evidence of amounts incurred.
126 16    Sec. 191.  Section 600B.38, Code 1997, is amended to read
126 17 as follows:
126 18    600B.38  RECIPIENTS OF PUBLIC ASSISTANCE – ASSIGNMENT OF
126 19 SUPPORT PAYMENTS.
126 20    A person entitled to periodic support payments pursuant to
126 21 an order or judgment entered in a paternity action under this
126 22 chapter, who is also a recipient of public assistance, is
126 23 deemed to have assigned the person's rights to the support
126 24 payments, to the extent of public assistance received by the
126 25 person, to the department of human services.  If public
126 26 assistance is provided by the department of human services to
126 27 or on behalf of a dependent child or a dependent child's
126 28 caretaker, there is an assignment by operation of law to the
126 29 department of any and all rights in, title to, and interest in
126 30 any support obligation, payment, and arrearages owed to or on
126 31 behalf of the child or caretaker, not to exceed the amount of
126 32 public assistance paid for or on behalf of the child or
126 33 caretaker.  The department shall immediately notify the clerk
126 34 of court by mail when a person entitled to support payments
126 35 such a child or caretaker has been determined to be eligible
127  1 for public assistance.  Upon notification by the department
127  2 that a person entitled to periodic support payments pursuant
127  3 to this chapter is receiving public assistance, the clerk of
127  4 court shall make a notation of the automatic assignment in the
127  5 judgment docket and lien index.  The notation constitutes
127  6 constructive notice of the assignment.  For public assistance
127  7 approved and provided on or after July 1, 1997, if the
127  8 applicant for public assistance is a person other than a
127  9 parent of the child, the department shall send notice by
127 10 regular mail to the last known addresses of the obligee and
127 11 obligor.  The clerk of court shall forward support payments
127 12 received pursuant to section 600B.25, to which the department
127 13 is entitled, to the department, which may secure support
127 14 payments in default through other proceedings prescribed in
127 15 chapter 252A or section 600B.37.  The clerk shall furnish the
127 16 department with copies of all orders or decrees awarding and
127 17 temporary or domestic abuse orders addressing support to
127 18 parties having custody of minor children when the parties are
127 19 receiving public assistance or services are otherwise provided
127 20 by the child support recovery unit.  Unless otherwise
127 21 specified in the order, an equal and proportionate share of
127 22 any child support awarded shall be presumed to be payable on
127 23 behalf of each child subject to the order or judgment for
127 24 purposes of an assignment under this section.
127 25    Sec. 192.  Section 600B.41, subsections 2 and 4, Code 1997,
127 26 are amended to read as follows:
127 27    2.  If a blood or genetic test is required, the court shall
127 28 direct that inherited characteristics be determined by
127 29 appropriate testing procedures, and shall appoint an expert
127 30 qualified as an examiner of genetic markers to analyze and
127 31 interpret the results and to report to the court.  Appropriate
127 32 testing procedures shall include any genetic test generally
127 33 acknowledged as reliable by accreditation bodies designated by
127 34 the secretary of the United States department of health and
127 35 human services and which are performed by a laboratory
128  1 approved by such an accreditation body.
128  2    4.  A verified expert's report shall be admitted at trial.
128  3 A copy of a bill for blood or genetic testing shall be
128  4 admitted as evidence, without requiring third-party foundation
128  5 testimony, and shall constitute prima facie evidence of
128  6 amounts incurred for blood or genetic testing.
128  7    Sec. 193.  Section 600B.41, subsection 5, paragraph a,
128  8 unnumbered paragraph 1, Code 1997, is amended to read as
128  9 follows:
128 10    Test results which show a statistical probability of
128 11 paternity are admissible.  To challenge the test results, a
128 12 party shall file a notice of the challenge, with the court,
128 13 within no later than twenty days of after the filing of the
128 14 expert's report with the clerk of the district court, or, if a
128 15 court hearing is scheduled to resolve the issue of paternity,
128 16 no later than thirty days before the original court hearing
128 17 date.
128 18    Sec. 194.  Section 600B.41A, subsection 3, paragraph f,
128 19 Code 1997, is amended to read as follows:
128 20    f.  The court finds that all of the following:
128 21    (1)  That the conclusion of the expert as disclosed by the
128 22 evidence based upon blood or genetic testing demonstrates that
128 23 the established father is not the biological father of the
128 24 child.
128 25    (2)  If paternity was established pursuant to section
128 26 252A.3A, the signed affidavit was based on fraud, duress, or
128 27 material mistake of fact, as shown by the petitioner.
128 28    Sec. 195.  Section 600B.41A, subsection 3, paragraph g,
128 29 Code 1997, is amended by striking the paragraph.
128 30    Sec. 196.  Section 600B.41A, subsection 6, Code 1997, is
128 31 amended to read as follows:
128 32    6.  If the court determines that test results conducted in
128 33 accordance with section 600B.41 or chapter 252F exclude the
128 34 established father as the biological father, but the court
128 35 dismisses the action to overcome paternity, the court may
129  1 shall enter an order relieving the established father of any
129  2 or all future support obligations owed on behalf of the child,
129  3 while preserving the paternity determination.  The court's
129  4 determination and the effective date of the determination
129  5 shall be in accordance with subsection 4, paragraphs "a" and
129  6 "b", and shall be made based upon the unique circumstances of
129  7 each case and the interests of all parties.
129  8    Sec. 197.  Section 600B.30, Code 1997, is repealed.  
129  9                             Part B
129 10    Sec. 198.  Section 600B.41A, subsection 2, paragraph a,
129 11 Code 1997, is amended to read as follows:
129 12    a.  A paternity determination made in or by a foreign
129 13 jurisdiction and, notwithstanding section 252A.20, or a
129 14 paternity determination which has been made in or by a foreign
129 15 jurisdiction and registered in this state in accordance with
129 16 section 252A.18 or chapter 252K.
129 17    Sec. 199.  Section 600B.34, Code 1997, is repealed.
129 18    Sec. 200.  EFFECTIVE DATE.  Part B, sections 198 and 199 of
129 19 this Act, are effective January 1, 1998.  
129 20                           DIVISION XV
129 21    Sec. 201.  Section 96.3, subsection 9, paragraph c, Code
129 22 1997, is amended to read as follows:
129 23    c.  However, if the department is notified of an assignment
129 24 of income by the child support recovery unit withholding under
129 25 chapter 252D or section 598.22 or 598.23 or if income is
129 26 garnisheed by the child support recovery unit under chapter
129 27 642 and an individual's benefits are condemned to the
129 28 satisfaction of the child support obligation being enforced by
129 29 the child support recovery unit, the department shall deduct
129 30 and withhold from the individual's benefits that amount
129 31 required through legal process.
129 32    Notwithstanding section 642.2, subsections 2, 3, 6, and 7,
129 33 which restrict garnishments under chapter 642 to wages of
129 34 public employees, the department may be garnisheed under
129 35 chapter 642 by the child support recovery unit established in
130  1 section 252B.2, pursuant to a judgment for child support
130  2 against an individual eligible for benefits under this
130  3 chapter.
130  4    Notwithstanding section 96.15, benefits under this chapter
130  5 are not exempt from income assignment withholding,
130  6 garnishment, attachment, or execution if assigned to withheld
130  7 for or garnisheed by the child support recovery unit,
130  8 established in section 252B.2, or if an assignment income
130  9 withholding order or notice of the income withholding order
130 10 under section 598.22 or 598.23 is being enforced by the child
130 11 support recovery unit to satisfy the child support obligation
130 12 of an individual who is eligible for benefits under this
130 13 chapter.
130 14    Sec. 202.  Section 144.13, subsection 2, Code 1997, is
130 15 amended to read as follows:
130 16    2.  If the mother was married either at the time of
130 17 conception, or birth, or at any time during the period between
130 18 conception and birth, the name of the husband shall be entered
130 19 on the certificate as the father of the child unless paternity
130 20 has been determined otherwise by a court of competent
130 21 jurisdiction, in which case the name of the father as
130 22 determined by the court shall be entered by the department.
130 23    Sec. 203.  Section 144.13, subsection 3, Code 1997, is
130 24 amended to read as follows:
130 25    3.  If the mother was not married either at the time of
130 26 conception, or birth, and at any time during the period
130 27 between conception and birth, the name of the father shall not
130 28 be entered on the certificate of birth without the written
130 29 consent of the mother and the person to be named as the
130 30 father, unless a determination of paternity has been made
130 31 pursuant to section 252A.3, in which case the name of the
130 32 father as established shall be entered by the department.  If
130 33 the father is not named on the certificate of birth, no other
130 34 information about the father shall be entered on the
130 35 certificate.
131  1    Sec. 204.  Section 144.13, subsection 4, paragraph c, Code
131  2 1997, is amended to read as follows:
131  3    c.  A copy of the affidavit of paternity if filed pursuant
131  4 to section 252A.3A and any subsequent recision form which
131  5 rescinds the affidavit.
131  6    Sec. 205.  Section 144.26, Code 1997, is amended to read as
131  7 follows:
131  8    144.26  DEATH CERTIFICATE.
131  9    1.  A death certificate for each death which occurs in this
131 10 state shall be filed with the county registrar of the county
131 11 in which the death occurs, within three days after the death
131 12 and prior to final disposition, and shall be registered by the
131 13 registrar if it has been completed and filed in accordance
131 14 with this chapter.  A death certificate shall include the
131 15 social security number, if provided, of the deceased person.
131 16 All information including the certifying physician's name
131 17 shall be typewritten.
131 18    2.  All information included on a death certificate may be
131 19 provided as mutually agreed upon by the division and the child
131 20 support recovery unit, including by automated exchange.
131 21    3.  If the place of death is unknown, a death certificate
131 22 shall be filed in the county in which a dead body is found
131 23 within three days after the body is found.  If death occurs in
131 24 a moving conveyance, a death certificate shall be filed in the
131 25 county in which the dead body is first removed from the
131 26 conveyance.
131 27    4.  If a person dies outside of the county of the person's
131 28 residence, the state registrar shall send a copy of the death
131 29 certificate to the county registrar of the county of the
131 30 decedent's residence.  The county registrar shall record the
131 31 death certificate in the same records in which death
131 32 certificates of persons who died within the county are
131 33 recorded.
131 34    Sec. 206.  Section 234.39, subsections 1, 2, and 3, Code
131 35 1997, are amended to read as follows:
132  1    1.  For an individual to whom section 234.35, subsection 1,
132  2 is applicable, a dispositional order of the juvenile court
132  3 requiring the provision of foster care, or an administrative
132  4 order entered pursuant to chapter 252C, or any order
132  5 establishing paternity and support for a child in foster care,
132  6 shall establish, after notice and a reasonable opportunity to
132  7 be heard is provided to a parent or guardian, the amount of
132  8 the parent's or guardian's support obligation for the cost of
132  9 foster care provided by the department.  The amount of the
132 10 parent's or guardian's support obligation and the amount of
132 11 support debt accrued and accruing shall be established in
132 12 accordance with the child support guidelines prescribed under
132 13 section 598.21, subsection 4.  However, the court, or the
132 14 department of human services in establishing support by
132 15 administrative order, may deviate from the prescribed
132 16 obligation after considering a recommendation by the
132 17 department for expenses related to goals and objectives of a
132 18 case permanency plan as defined under section 237.15, and upon
132 19 written findings of fact which specify the reason for
132 20 deviation and the prescribed guidelines amount.  Any order for
132 21 support shall direct the payment of the support obligation to
132 22 the collection services center for the use of the department's
132 23 foster care recovery unit.  The order shall be filed with the
132 24 clerk of the district court in which the responsible parent or
132 25 guardian resides and has the same force and effect as a
132 26 judgment when entered in the judgment docket and lien index.
132 27 The collection services center shall disburse the payments
132 28 pursuant to the order and record the disbursements.  If
132 29 payments are not made as ordered, the child support recovery
132 30 unit may certify a default to the court and the court may, on
132 31 its own motion, proceed under section 598.22 or 598.23 or the
132 32 child support recovery unit may enforce the judgment as
132 33 allowed by law.  An order entered under this subsection may be
132 34 modified only in accordance with the guidelines prescribed
132 35 under section 598.21, subsection 8, or under chapter 252H.
133  1    2.  For an individual who is served by the department of
133  2 human services under section 234.35, and is not subject to a
133  3 dispositional order of the juvenile court requiring the
133  4 provision of foster care, the department shall determine the
133  5 obligation of the individual's parent or guardian pursuant to
133  6 chapter 252C and in accordance with the child support
133  7 guidelines prescribed under section 598.21, subsection 4.
133  8 However, the department may adjust the prescribed obligation
133  9 for expenses related to goals and objectives of a case
133 10 permanency plan as defined under section 237.15.  An
133 11 obligation determined under this subsection may be modified
133 12 only in accordance with conditions under section 598.21,
133 13 subsection 8, or under chapter 252H.
133 14    3.  A person entitled to periodic support payments pursuant
133 15 to an order or judgment entered in any action for support, who
133 16 also is or has a child receiving foster care services, is
133 17 deemed to have assigned to the department current and accruing
133 18 support payments attributable to the child effective as of the
133 19 date the child enters foster care placement, to the extent of
133 20 expenditure of foster care funds.  The department shall notify
133 21 the clerk of the district court when a child entitled to
133 22 support payments is receiving foster care services pursuant to
133 23 chapter 234.  Upon notification by the department that a child
133 24 entitled to periodic support payments is receiving foster care
133 25 services, the clerk of the district court shall make a
133 26 notation of the automatic assignment in the judgment docket
133 27 and lien index.  The notation constitutes constructive notice
133 28 of assignment.  The clerk of court shall furnish the
133 29 department with copies of all orders and decrees awarding
133 30 support when the child is receiving foster care services.  At
133 31 the time the child ceases to receive foster care services, the
133 32 assignment of support shall be automatically terminated.
133 33 Unpaid support accrued under the assignment of support rights
133 34 during the time that the child was in foster care remains due
133 35 to the department up to the amount of unreimbursed foster care
134  1 funds expended.  The department shall notify the clerk of
134  2 court of the automatic termination of the assignment.  Unless
134  3 otherwise specified in the support order, an equal and
134  4 proportionate share of any child support awarded shall be
134  5 presumed to be payable on behalf of each child subject to the
134  6 order or judgment for purposes of an assignment under this
134  7 section.
134  8    Sec. 207.  Section 236.5, subsection 2, paragraph e, Code
134  9 1997, is amended to read as follows:
134 10    e.  That Unless prohibited pursuant to 28 U.S.C. } 1738B,
134 11 that the defendant pay the clerk a sum of money for the
134 12 separate support and maintenance of the plaintiff and children
134 13 under eighteen.
134 14    Sec. 208.  Section 236.10, Code 1997, is amended to read as
134 15 follows:
134 16    236.10  CONFIDENTIALITY OF RECORDS.
134 17    The file in a domestic abuse case shall be sealed by the
134 18 clerk of court when it is complete and after the time for
134 19 appeal has expired.  However, the clerk shall open the file
134 20 upon application to and order of the court for good cause
134 21 shown or upon request of the child support recovery unit.
134 22    Sec. 209.  Section 239.3, Code 1997, is amended to read as
134 23 follows:
134 24    239.3  APPLICATION FOR ASSISTANCE – ASSIGNMENT OF SUPPORT
134 25 RIGHTS.
134 26    1.  An application for assistance shall be made to the
134 27 department.  The application shall be in writing or reduced to
134 28 writing in the manner and upon the form prescribed by the
134 29 administrator.  The application shall be made by the specified
134 30 relative with whom the dependent child resides or will reside,
134 31 and shall contain the information required on the application
134 32 form.  One application may be made for several children of the
134 33 same family if they reside or will reside with the same
134 34 specified relative.
134 35    2.  An assignment of support rights is created by any of
135  1 the following:
135  2    a.  An applicant for assistance under this chapter and
135  3 other persons covered by an application are deemed to have
135  4 assigned to the department of human services at the time of
135  5 application all rights to periodic support payments to the
135  6 extent of public assistance received by the applicant and
135  7 other persons covered by the application.
135  8    b.  A determination that a child or another person covered
135  9 by an application is eligible for assistance under this
135 10 chapter creates an assignment by operation of law to the
135 11 department of all rights to periodic support payments not to
135 12 exceed the amount of public assistance received by the child
135 13 and other persons covered by the application.
135 14    3.  An assignment takes effect upon determination that an
135 15 applicant or another person covered by an application is
135 16 eligible for assistance under this chapter, applies to both
135 17 current and accrued support obligations, and terminates when
135 18 an applicant or another person covered by an application
135 19 ceases to receive assistance under this chapter, except with
135 20 respect to the amount of unpaid support obligations accrued
135 21 under the assignment.  If an applicant or another person
135 22 covered by an application ceases to receive assistance under
135 23 this chapter and the applicant or other person covered by the
135 24 application receives a periodic support payment, the
135 25 department of human services is entitled only to that amount
135 26 of the periodic support payment above the current periodic
135 27 support obligation and as provided by federal law.
135 28    Sec. 210.  Section 421.17, subsection 21, unnumbered
135 29 paragraph 1, Code 1997, is amended to read as follows:
135 30    To establish and maintain a procedure to set off against a
135 31 debtor's income tax refund or rebate any debt, which is
135 32 assigned to the department of human services, or which the
135 33 child support recovery unit is otherwise attempting to collect
135 34 on behalf of an individual not eligible as a public assistance
135 35 recipient, or which the foster care recovery unit of the
136  1 department of human services is attempting to collect on
136  2 behalf of a child receiving foster care provided by the
136  3 department of human services.
136  4    Sec. 211.  Section 535.3, subsection 3, Code 1997, is
136  5 amended to read as follows:
136  6    3.  Interest on periodic payments for child, spousal, or
136  7 medical support shall not accrue until thirty days after the
136  8 payment becomes due and owing.  Additionally, interest on
136  9 these payments shall not accrue on amounts being paid through
136 10 income withholding pursuant to chapter 252D for the time these
136 11 payments are unpaid solely because the date on which the payor
136 12 of income withholds income based upon the payor's regular pay
136 13 cycle varies from the provisions of the support order.
136 14    Sec. 212.  Section 595.4, unnumbered paragraph 1, Code
136 15 1997, is amended to read as follows:
136 16    Previous to the issuance of any license to marry, the
136 17 parties desiring the license shall sign and file a verified
136 18 application with the county registrar which application either
136 19 may be mailed to the parties at their request or may be signed
136 20 by them at the office of the county registrar in the county in
136 21 which the license is to be issued.  The application shall
136 22 include the social security number of each applicant and shall
136 23 set forth at least one affidavit of some competent and
136 24 disinterested person stating the facts as to age and
136 25 qualification of the parties.  Upon the filing of the
136 26 application for a license to marry, the county registrar shall
136 27 file the application in a record kept for that purpose and
136 28 shall take all necessary steps to ensure the confidentiality
136 29 of the social security number of each applicant.  All
136 30 information included on an application may be provided as
136 31 mutually agreed upon by the division of records and statistics
136 32 and the child support recovery unit, including by automated
136 33 exchange.
136 34    Sec. 213.  Section 626A.2, subsection 2, Code 1997, is
136 35 amended to read as follows:
137  1    2.  In a A proceeding to enforce a child support order, the
137  2 law of this state shall apply except as follows: is governed
137  3 by 28 U.S.C. } 1738B.
137  4    a.  In interpreting a child support order, a court shall
137  5 apply the law of the state of the court that issued the order.
137  6    b.  In an action to enforce a child support order, a court
137  7 shall apply the statute of limitations of this state or the
137  8 state of the court that issued the order, whichever statute
137  9 provides the longer period of limitations.
137 10    Sec. 214.  Section 627.11, Code 1997, is amended to read as
137 11 follows:
137 12    627.11  EXCEPTION UNDER DECREE FOR SPOUSAL SUPPORT.
137 13    If the party in whose favor the order, judgment, or decree
137 14 for the support of a spouse was rendered has not remarried,
137 15 the personal earnings of the debtor are not exempt from an
137 16 order, judgment, or decree for temporary or permanent support,
137 17 as defined in section 252D.1 252D.16A, of a spouse, nor from
137 18 an installment of an order, judgment, or decree for the
137 19 support of a spouse.
137 20    Sec. 215.  Section 627.12, Code 1997, is amended to read as
137 21 follows:
137 22    627.12  EXCEPTION UNDER DECREE FOR CHILD SUPPORT.
137 23    The personal earnings of the debtor are not exempt from an
137 24 order, judgment, or decree for the support, as defined in
137 25 section 252D.1 252D.16A, of a child, nor from an installment
137 26 of an order, judgment, or decree for the support of a child.
137 27    Sec. 216.  Section 642.2, subsections 1 and 5, Code 1997,
137 28 are amended to read as follows:
137 29    1.  The state of Iowa, and all of its governmental
137 30 subdivisions and agencies, may be garnisheed garnished, only
137 31 as provided in this section and the consent of the state and
137 32 of its governmental subdivisions and agencies to those
137 33 garnishment proceedings is hereby given.  However,
137 34 notwithstanding the requirements of this chapter, income
137 35 withholding notices shall be served on the state, and all of
138  1 its governmental subdivisions and agencies, pursuant to the
138  2 requirements of sections 252D.16 and 252D.17.
138  3    5.  Service Except as provided in subsection 1, service
138  4 upon the garnishee shall be made by serving an original notice
138  5 with a copy of the judgment against the defendant, and with a
138  6 copy of the questions specified in section 642.5, by certified
138  7 mail or by personal service upon the attorney general, county
138  8 attorney, city attorney, secretary of the school district, or
138  9 legal counsel of the appropriate governmental unit.  The
138 10 garnishee shall be required to answer within thirty days
138 11 following receipt of the notice.  
138 12                          DIVISION XVI
138 13    Sec. 217.  Section 252B.4, Code 1997, is amended by adding
138 14 the following new subsection:
138 15    NEW SUBSECTION.  6.  The director may require a fee to
138 16 recover the costs incurred by the department in providing
138 17 services, as follows:
138 18    a.  The fee shall not exceed the standardized
138 19 administrative cost of maintaining a case.  The amount of the
138 20 fee shall be determined by subtracting from the unit's total
138 21 costs the standardized costs of providing specific services.
138 22 The difference in the amounts shall be prorated over the
138 23 unit's total caseload to determine the standardized
138 24 administrative cost of maintaining a case.  The unit shall not
138 25 recalculate the standardized administrative cost of
138 26 maintaining a case more often than every three years.
138 27    b.  The fee shall be charged to any person receiving
138 28 nonassistance services and to former public assistance
138 29 recipients receiving continued services from the unit if the
138 30 person's family unit income is greater than two hundred
138 31 percent of the poverty level as published annually in the
138 32 federal register for use by the federal office of community
138 33 services, office of energy assistance.  For the purposes of
138 34 determining family unit income, the income of only the
138 35 recipient of services shall be considered.  In determining the
139  1 size of the family unit, the department shall include the
139  2 recipient of services and any minor children related to the
139  3 recipient of services by adoption or birth.
139  4    c.  The unit shall provide notice of the fee to applicants
139  5 for and recipients of services on the application form, the
139  6 notice of continued services, or a notice of cost recovery, as
139  7 applicable, and shall provide notice of any changes in the
139  8 amount of the fee.  The applicant or recipient shall provide
139  9 verification of income as requested by the unit.  Unless
139 10 verification of income of two hundred percent of the poverty
139 11 level or less is provided, the unit shall assess the fee.  The
139 12 unit is not required to redetermine the family unit income
139 13 more frequently than on an annual basis.  The applicant or
139 14 recipient of services may appeal the unit's finding of family
139 15 unit income in excess of two hundred percent of the poverty
139 16 level in accordance with chapter 17A for contested case
139 17 proceedings.
139 18    d.  The fee shall be assessed for each full calendar month
139 19 of services provided for each nonassistance or continued
139 20 services case.
139 21    e.  The fee shall be deducted from support collected on
139 22 behalf of the recipient.  Fees shall accumulate for months in
139 23 which no support is collected and shall be deducted from
139 24 support after support is actually collected.  However, no more
139 25 than two monthly fees shall be deducted from support collected
139 26 in a single month.
139 27    f.  If the applicant or recipient of services is the
139 28 obligor or putative father, the obligor or putative father
139 29 shall pay the fee to the collection services center.  Failure
139 30 of the obligor or putative father to pay the fee, including
139 31 submission of a payment which is not honored by the person's
139 32 financial institution, shall be considered noncooperation and
139 33 shall result in termination of services.  
139 34                          DIVISION XVII
139 35                            SURCHARGE
140  1    Sec. 218.  Section 252B.9, subsection 2, paragraph b, is
140  2 amended by adding the following new subparagraph:
140  3    NEW SUBPARAGRAPH.  (4)  Records relating to the
140  4 administration, collection, and enforcement of surcharges
140  5 pursuant to section 252B.22 which are recorded by the unit or
140  6 a collection entity shall be confidential records except that
140  7 information, as necessary for support collection and
140  8 enforcement, may be provided to other governmental agencies,
140  9 the obligor or the resident parent, or a collection entity
140 10 under contract with the unit unless otherwise prohibited by
140 11 the federal law.  A collection entity under contract with the
140 12 unit shall use information obtained for the sole purpose of
140 13 fulfilling the duties required under the contract, and shall
140 14 disclose any records obtained by the collection entity to the
140 15 unit for use in support establishment and enforcement.
140 16    Sec. 219.  Section 252B.13A, Code 1997, is amended to read
140 17 as follows:
140 18    252B.13A  COLLECTION SERVICES CENTER.
140 19    The department shall establish within the unit a collection
140 20 services center for the receipt and disbursement of support
140 21 payments as defined in section 598.1 as required for orders by
140 22 section 252B.14.  For purposes of this section, support
140 23 payments do not include attorney fees, court costs, or
140 24 property settlements.  The center may also receive and
140 25 disburse surcharges as provided in section 252B.22.
140 26    Sec. 220.  NEW SECTION.  252B.22  SURCHARGE.
140 27    1.  A surcharge shall be due and payable by the obligor on
140 28 a support arrearage identified as difficult to collect and
140 29 referred by the unit on or after January 1, 1998, to a
140 30 collection entity under contract with the unit or other state
140 31 entity.  The amount of the surcharge shall be a percent of the
140 32 amount of the support arrearage referred to the collection
140 33 entity and shall be specified in the contract with the
140 34 collection entity.  For the purpose of this chapter, a
140 35 "collection entity" includes but is not limited to a state
141  1 agency, including the central collection unit of the
141  2 department of revenue and finance, or a private collection
141  3 agency.  Use of a collection entity is in addition to any
141  4 other legal means by which support payments may be collected.
141  5 The unit shall continue to use other enforcement actions, as
141  6 appropriate.
141  7    2.  a.  Notice that a surcharge may be assessed on a
141  8 support arrearage referred to a collection entity pursuant to
141  9 this section shall be provided to an obligor in accordance
141 10 with one of the following as applicable:
141 11    (1)  In the order establishing or modifying the support
141 12 obligation.  The unit or district court shall include notice
141 13 in any new or modified support order issued on or after July
141 14 1, 1997.
141 15    (2)  Through notice sent by the unit by regular mail to the
141 16 last known address of the support obligor.
141 17    b.  The notice shall also advise that any appropriate
141 18 information may be provided to a collection entity for
141 19 purposes of administering and enforcing the surcharge.
141 20    3.  Arrearages submitted for referral and surcharge
141 21 pursuant to this section shall meet all of the following
141 22 criteria:
141 23    a.  The arrearages owed shall be based on a court or
141 24 administrative order which establishes the support obligation.
141 25    b.  The arrearage is due for a case in which the unit is
141 26 providing services pursuant to this chapter and one for which
141 27 the arrearage has been identified as difficult to collect by
141 28 the unit.
141 29    c.  The obligor was provided notice pursuant to subsection
141 30 2 at least fifteen days prior to sending the notice of
141 31 referral pursuant to subsection 4.
141 32    4.  The unit shall send notice of referral to the obligor
141 33 by regular mail to the obligor's last known address, with
141 34 proof of service completed according to R.C.P. } 82, at least
141 35 thirty days prior to the date the arrearage is referred to the
142  1 collection entity.  The notice shall inform the obligor of all
142  2 of the following:
142  3    a.  The arrearage will be referred to a collection entity.
142  4    b.  Upon referral, a surcharge is due and payable by the
142  5 obligor.
142  6    c.  The amount of the surcharge.
142  7    d.  That the obligor may avoid referral by paying the
142  8 amount of the arrearage to the collection services center
142  9 within twenty days of the date of notice of referral.
142 10    e.  That the obligor may contest the referral by submitting
142 11 a written request for review of the unit.  The request shall
142 12 be received by the unit within twenty days of the date of the
142 13 notice of referral.
142 14    f.  The right to contest the referral is limited to a
142 15 mistake of fact, which includes a mistake in the identity of
142 16 the obligor, a mistake as to fulfillment of the requirements
142 17 for referral under this subsection, or a mistake in the amount
142 18 of the arrearages.
142 19    g.  The unit shall issue a written decision following a
142 20 requested review.
142 21    h.  Following the issuance of a written decision by the
142 22 unit denying that a mistake of fact exists, the obligor may
142 23 request a hearing to challenge the surcharge by sending a
142 24 written request for a hearing to the office of the unit which
142 25 issued the decision.  The request shall be received by the
142 26 office of the unit which issued the decision within ten days
142 27 of the unit's written decision.  The only grounds for a
142 28 hearing shall be mistake of fact.  Following receipt of the
142 29 written request, the unit which receives the request shall
142 30 certify the matter for hearing in the district court in the
142 31 county in which the underlying support order is filed.
142 32    i.  The address of the collection services center for
142 33 payment of the arrearages.
142 34    5.  If the obligor pays the amount of arrearage within
142 35 twenty days of the date of the notice of referral, referral of
143  1 the arrearage to a collection entity shall not be made.
143  2    6.  If the obligor requests a review or court hearing
143  3 pursuant to this section, referral of the arrearages shall be
143  4 stayed pending the decision of the unit or the court.
143  5    7.  Actions of the unit under this section shall not be
143  6 subject to contested case proceedings or further review
143  7 pursuant to chapter 17A and any resulting court hearing shall
143  8 be an original hearing before the district court.
143  9    8.  If an obligor does not pay the amount of the arrearage,
143 10 does not contest the referral, or if following the unit's
143 11 review and any court hearing the unit or court does not find a
143 12 mistake of fact, the arrearages shall be referred to a
143 13 collection entity.  Following the review or hearing, if the
143 14 unit or court finds a mistake in the amount of the arrearage,
143 15 the arrearages shall be referred to the collection entity in
143 16 the appropriate arrearage amount.  For arrearages referred to
143 17 a collection entity, the obligor shall pay a surcharge equal
143 18 to a percent of the amount of the support arrearage due as of
143 19 the date of the referral.  The surcharge is in addition to the
143 20 arrearages and any other fees or charges owed, and shall be
143 21 enforced by the collection entity as provided under section
143 22 252B.5.  Upon referral to the collection entity, the surcharge
143 23 is an automatic judgment against the obligor.
143 24    9.  The director or the director's designee may file a
143 25 notice of the surcharge with the clerk of the district court
143 26 in the county in which the underlying support order is filed.
143 27 Upon filing, the clerk shall enter the amount of the surcharge
143 28 on the lien index and judgment docket.
143 29    10.  Following referral of a support arrearage to a
143 30 collection entity, the surcharge shall be due and owing and
143 31 enforceable by a collection entity or the unit notwithstanding
143 32 satisfaction of the support obligation or whether the
143 33 collection entity is enforcing a support arrearage.  However,
143 34 the unit may waive payment of all or a portion of the
143 35 surcharge if waiver will facilitate the collection of the
144  1 support arrearage.
144  2    11.  All surcharge payments shall be received and disbursed
144  3 by the collection services center.
144  4    12.  a.  A payment received by the collection services
144  5 center which meets all the following conditions shall be
144  6 allocated as specified in paragraph "b":
144  7    (1)  The payment is for a case in which arrearages have
144  8 been referred to a collection entity.
144  9    (2)  A surcharge is assessed on the arrearages.
144 10    (3)  The payment is collected under the provisions of the
144 11 contract with the collection entity.
144 12    b.  A payment meeting all of the conditions in paragraph
144 13 "a" shall be allocated between support and costs and fees, and
144 14 the surcharge according to the following formula:
144 15    (1)  The payment shall be divided by the sum of one hundred
144 16 percent plus the percent specified in the contract.
144 17    (2)  The quotient shall be the amount allocated to the
144 18 support arrearage and other fees and costs.
144 19    (3)  The difference between the dividend and the quotient
144 20 shall be the amount allocated to the surcharge.
144 21    13.  Any computer or software programs developed and any
144 22 records used in relation to a contract with a collection
144 23 entity remain the property of the department.  
144 24                           EXPLANATION
144 25    This bill provides changes relating to child support
144 26 provisions of the Code.  The bill includes changes
144 27 precipitated by the federal Personal Responsibility and Work
144 28 Opportunity Act of 1996, other federal law changes, technical,
144 29 and conforming changes and additional provisions.
144 30    Division I of the bill amends Code chapter 252A, the
144 31 Uniform Support of Dependents Law, including changes
144 32 necessitated by the adoption of the Uniform Interstate Family
144 33 Support Act (UIFSA) to be effective by January 1, 1998.  The
144 34 division also provides changes in the establishment of
144 35 paternity by affidavit by including a provision for recision
145  1 of the affidavit, requiring the provision of certain
145  2 information to potential signatories, requiring that the form
145  3 be filed and registered by the state registrar before it is
145  4 effective, requiring the division of records and statistics of
145  5 the Iowa department of public health to provide paternity
145  6 acknowledgment forms and services, authorizing the child
145  7 support recovery unit to enter contracts with other entities
145  8 to provide voluntary paternity affidavit services, and making
145  9 changes to conform with practices of the division of records
145 10 and statistics.  This division also provides that a putative
145 11 father may file a paternity action, provides for admission of
145 12 evidence of costs associated with blood or genetic testing,
145 13 prenatal care, or birth, provides that appropriate genetic
145 14 testing is to take place in an approved lab, and provides for
145 15 the establishment of temporary child support orders based upon
145 16 genetic test results which demonstrate a probability of the
145 17 putative father's paternity of 99 percent or higher.  The
145 18 division also provides that if a child is receiving public
145 19 assistance, child support is assigned to the department by
145 20 operation of law and provides that if support is assigned each
145 21 child under an order is presumed to be entitled to an equal
145 22 and proportionate share of any child support awarded.
145 23    Division II amends Code chapter 252B relating to child
145 24 support recovery services provided through the child support
145 25 recovery unit (CSRU).  The bill establishes that the CSRU is
145 26 not required to intervene in actions to provide services;
145 27 establishes that the CSRU is to take appropriate action if a
145 28 child is eligible for public assistance in this state or if
145 29 federal law requires action regarding a request received from
145 30 another state for a child receiving public assistance; directs
145 31 the department of human services to adopt rules regarding
145 32 cases for which it is a condition of eligibility for public
145 33 assistance that the applicant for or recipient of public
145 34 assistance cooperate in good faith in establishing paternity,
145 35 in establishing, modifying, or enforcing a support order, or
146  1 in locating a parent; provides for the satisfaction of a child
146  2 support debt during the time which parents have reconciled and
146  3 are living together and are receiving public assistance;
146  4 provides that the CSRU is not to deduct a fee for interception
146  5 of a federal tax refund if the recipient is a resident of a
146  6 foreign country; codifies language that authorizes the CSRU to
146  7 enter contracts with private collection agencies for difficult
146  8 to collect cases; provides for the notification of parents
146  9 under a support order regarding their rights to review and
146 10 adjustment, modification, or alteration of a support order at
146 11 a minimum once every three years; clarifies that the CSRU is
146 12 not to establish orders for spousal support and when the CSRU
146 13 may enforce orders for spousal support; provides a procedure
146 14 to certify to the secretary of the United States department of
146 15 health and human services, a list of names of obligors who owe
146 16 delinquent child support in excess of $5,000 for the purposes
146 17 of passport sanctions; clarifies that a CSRU attorney acts for
146 18 the state and does not represent an individual party, witness,
146 19 or person other than the state; specifies the conditions under
146 20 which information may be obtained from various sources by the
146 21 CSRU, including by administrative subpoena, for the purposes
146 22 of CSRU activities and the conditions under which the
146 23 information may be released or disclosed; provides the basis
146 24 for provision of CSRU services when a request is received from
146 25 another state or country for an individual not otherwise
146 26 eligible for public assistance; and makes technical and
146 27 conforming changes to reflect UIFSA and to correct references
146 28 to federal law.
146 29    Division III amends Code chapter 252C which relates to
146 30 child support debts and administrative procedures.  The bill
146 31 provides that if public assistance is being provided to or on
146 32 behalf of a dependent child or the child's caretaker, child
146 33 support is assigned to the department by operation of law and
146 34 that there is a presumption that an equal and proportionate
146 35 share of any child support awarded is payable for each child
147  1 under the order.
147  2    Division IV amends Code chapter 252D relating to income
147  3 withholding.  The bill combines and relocates existing
147  4 sections and provisions of the chapter to include them in the
147  5 subchapter containing general provisions; changes references
147  6 to assignment of income to withholding of income; requires the
147  7 CSRU to provide the obligor with a notice of income
147  8 withholding at the time that the notice is sent to the payor
147  9 of income and eliminates the requirement that the payor of
147 10 income provide this notice; provides definitions of "business
147 11 day", "income", "payor of income or payor", and "support or
147 12 support payments"; provides that the CSRU may provide notice
147 13 to the payor of income by regular mail or by electronic means;
147 14 provides that the order for or notice of income withholding
147 15 has priority over a garnishment or assignment for any other
147 16 purpose; provides that a payor of income is not required to
147 17 vary the pay cycle to comply with the frequency of payment in
147 18 a support order; requires the payor of income to send the
147 19 amounts withheld within seven business days of the date the
147 20 obligor is paid; provides that a payor of income who does not
147 21 comply with withholding provisions commits a simple
147 22 misdemeanor; specifies which state's law applies to payors of
147 23 income in interstate withholding cases; and makes conforming
147 24 changes based upon UIFSA.
147 25    Division V amends Code chapter 252E relating to medical
147 26 support.  The bill provides that orders for income withholding
147 27 may provide for enrollment of a child in health insurance
147 28 coverage; provides that a notice to enroll a child may be
147 29 contested and provides a procedure for a motion to quash an
147 30 order or notice requiring enforcement of medical support;
147 31 provides for modification of a support order to provide for
147 32 medical support rather than entry of a new order; and corrects
147 33 a reference to federal law.
147 34    Division VI amends Code chapter 252F relating to
147 35 administrative establishment of paternity.  The bill changes
148  1 the time frames relating to contesting paternity test results
148  2 and holding hearings to be consistent; requires that tests are
148  3 to be completed by approved laboratories; provides for advance
148  4 payment for additional tests; provides for the type of
148  5 evidence admissible to establish the amount paid for testing;
148  6 and specifies the information to be included in the order
148  7 establishing paternity which includes location and other
148  8 information about the parties.
148  9    Division VII amends Code chapter 252G relating to the
148 10 central employee registry.  The bill provides definitions of
148 11 "business day", "employer", and "labor organization"; allows
148 12 multistate employers who report electronically to select one
148 13 state for reporting; requires the CSRU to enter new hire
148 14 information into the registry within five business days of
148 15 receipt from the employer and to transmit the information to
148 16 the national directory of new hires within three business days
148 17 after this entry; and provides that the employer or payor of
148 18 income is to be sent notice of withholding of income within
148 19 two business days of the entry of the new hire information
148 20 into the centralized employee registry.
148 21    Division VIII amends Code chapter 252H which relates to
148 22 adjustment and modification of support.  The bill provides a
148 23 process for a cost-of-living alteration of the support order
148 24 if the parties agree; makes periodic review of support orders
148 25 discretionary based upon a request or as required by federal
148 26 law rather than mandating review; provides for review and
148 27 modification of a support order outside of the usual time
148 28 frames based on a substantial change in circumstances; and
148 29 requires that a copy of a modified order be sent by regular
148 30 mail to each parent or parent's attorney within 14 days after
148 31 filing.
148 32    Division IX amends Code chapter 252I relating to levies
148 33 against accounts.  The bill redefines "financial institutions"
148 34 to include insurance companies, safe deposit companies, and
148 35 money market mutual funds, to require that financial
149  1 institutions enter into agreements with CSRU to provide
149  2 quarterly data matches with CSRU to facilitate locating of
149  3 accounts of obligors with a delinquency, and to provide
149  4 immunity from liability for certain actions by a financial
149  5 institution.
149  6    Division X amends Code chapter 252J, relating to licensing
149  7 sanctions.  The bill expands application of the chapter to
149  8 include license sanctions for noncompliance with a subpoena or
149  9 warrant relating to paternity or support proceedings; to
149 10 include recreational licenses; and to make a correction
149 11 regarding a reference to the time period upon which the
149 12 delinquency is based.
149 13    Division XI establishes Code chapter 252K, the Uniform
149 14 Interstate Family Support Act (UIFSA) which provides for
149 15 interstate establishment, modification, and enforcement of
149 16 child support obligations.  Enactment is required by federal
149 17 law by January 1, 1998.  This chapter replaces Code chapter
149 18 252A as it relates to interstate cases.
149 19    Division XII amends Code chapter 598 relating to
149 20 dissolution of marriages.  The bill requires that all orders
149 21 or judgments for paternity or support are to require the
149 22 parties to submit identifying information; makes conforming
149 23 changes to reflect the federal Full Faith and Credit for Child
149 24 Support Orders Act; provides for cost-of-living alterations in
149 25 child support orders; provides conforming language to reflect
149 26 changes in income withholding provisions; provides that if a
149 27 child is a recipient of public assistance, support is assigned
149 28 to the state regardless of the relationship to the child of
149 29 the applicant for assistance and provides that if support is
149 30 assigned, each child under a child support order is presumed
149 31 to receive an equal and proportionate share.  The bill also
149 32 directs the supreme court to adopt new uniform child support
149 33 guidelines at the time of the next review of the guidelines
149 34 after July 1, 1997.
149 35    Division XIII provides for development of a plan for a
150  1 statewide support lien index, provides that liens arise by
150  2 operation of law on titled personal property as well as real
150  3 property, and provides that full faith and credit is to be
150  4 afforded liens arising in other states.
150  5    Division XIV amends Code chapter 600B relating to paternity
150  6 establishment.  The bill removes entitlement to a jury trial
150  7 in paternity proceedings; changes the time frames for
150  8 objecting to paternity test results; provides for overcoming
150  9 paternity established by an affidavit of paternity based upon
150 10 fraud, duress, or material mistake of fact; requires paternity
150 11 tests to be performed by approved laboratories; provides for
150 12 admissibility of bills to the court as evidence for payment of
150 13 prenatal, birth, and paternity testing; provides for
150 14 assignment by operation of law of support for a child who is a
150 15 recipient of public assistance regardless of the relationship
150 16 of the applicant for assistance to the child; provides that if
150 17 support is assigned, each child under an order is presumed to
150 18 receive an equal and proportionate share; and makes conforming
150 19 changes relating to interstate paternity and support orders.
150 20    Division XV amends various Code chapters to make conforming
150 21 changes relative to child support and relating to requiring
150 22 social security numbers on marriage license applications and
150 23 death certificates, recision of an affidavit of paternity as
150 24 it relates to birth certificates, cost-of-living alterations,
150 25 interstate child support law, and support relating to foster
150 26 care.
150 27    Division XVI provides for application of a fee for CSRU
150 28 services in nonpublic assistance cases based upon income above
150 29 200 percent of poverty.
150 30    Division XVII establishes a surcharge to be collected from
150 31 an obligor for support arrearages which are identified as hard
150 32 to collect and which are referred to a collection entity.  
150 33 LSB 1496HC 77
150 34 pf/cf/24
     

Text: HSB00182                          Text: HSB00184
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

Iowa General Assembly

Search: House Bills and Amendments (77th General Assembly)

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