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1 1 Section 1. NEW SECTION. 144.36A APPLICATION TO MARRY –
1 2 FILED WITH STATE REGISTRATION.
1 3 In addition to the marriage certificate to be filed with
1 4 the state registrar, the county registrar shall also file with
1 5 the state registrar any application to marry required to be
1 6 filed pursuant to section 595.4.
1 7 Sec. 2. NEW SECTION. 252C.13 PARENT OF MINOR PARENT –
1 8 LIABILITY.
1 9 1. For the purposes of this section unless the context
1 10 otherwise requires:
1 11 a. "Minor child" means a child who has not attained the
1 12 age of eighteen, who is not married, and whose parent is a
1 13 minor parent.
1 14 b. "Minor parent" means an individual who has not attained
1 15 the age of eighteen, who is not married, who is a parent of a
1 16 minor child, and who is an obligor pursuant to a support order
1 17 for the minor child.
1 18 c. "Parent of a minor" means a parent of a minor parent.
1 19 2. If the child support recovery unit is enforcing a child
1 20 support order, as defined in section 252J.1, in which the
1 21 obligor is a minor parent, any parent of the minor is jointly
1 22 and severally liable for payment of the child support the
1 23 minor parent is ordered to pay under the support order. Prior
1 24 to initiating enforcement action against a parent of a minor,
1 25 the unit shall obtain an order for joint and several support
1 26 order liability as follows:
1 27 a. The unit shall serve a notice of joint and several
1 28 support order liability on the parent of the minor in
1 29 accordance with rule of civil procedure 56.1. The notice
1 30 shall include all of the following:
1 31 (1) Information concerning the support order including but
1 32 not limited to the names of the minor parent, the minor child,
1 33 and the obligee, the date of birth of the minor parent, and
1 34 the amount of child support ordered.
1 35 (2) A statement that the parent of the minor is jointly
2 1 and severally liable with the minor parent and any other
2 2 obligor for payment of child support under the support order
2 3 until the minor parent attains eighteen years of age or is
2 4 married, whichever occurs earlier.
2 5 (3) A statement that the parent of the minor is considered
2 6 an obligor for purposes of enforcing the support order and
2 7 that the unit may use all civil and criminal remedies for the
2 8 enforcement of support orders to enforce the support order
2 9 against the parent of the minor.
2 10 (4) A statement that the parent of the minor may challenge
2 11 the notice of joint and several support order liability based
2 12 on a mistake of fact by submitting a written request to the
2 13 child support recovery unit for agency review.
2 14 (5) A statement that following the issuance of a written
2 15 decision by the child support recovery unit, finding no
2 16 mistake of fact, the parent of the minor may request a hearing
2 17 to be held in district court. If no timely request is
2 18 received, the child support recovery unit may enter an order
2 19 in accordance with the notice of joint and several support
2 20 order liability.
2 21 (6) A statement that, as soon as the order is entered and
2 22 approved by the court, the property of the parent of the minor
2 23 is subject to a collection action.
2 24 (7) Such other information as the child support recovery
2 25 unit finds appropriate.
2 26 b. If the parent of the minor desires to challenge the
2 27 notice of a support order liability based upon mistake of
2 28 fact, the parent of the minor may submit a written request for
2 29 an agency review which shall be received by the child support
2 30 recovery unit within ten days of the date of service of the
2 31 notice of joint and several support order liability on the
2 32 parent of the minor. For purposes of this section, mistake of
2 33 fact is limited to the identity of the parent of the minor,
2 34 the age of the minor parent, or the existence of a support
2 35 order to which the minor parent is a party.
3 1 c. Upon receipt of a written request for agency review,
3 2 the child support recovery unit shall review the notice for a
3 3 mistake of fact, and the unit shall issue a written decision
3 4 to the parent of the minor.
3 5 d. Following the issuance of a written decision by the
3 6 child support recovery unit, the parent of the minor has ten
3 7 days from the date of issuance of the written decision or if
3 8 the parent of the minor did not request an agency review, the
3 9 parent of the minor has twenty days from the date of service
3 10 of the original notice of joint and several support order
3 11 liability, whichever is later, to send a request for a hearing
3 12 to the unit. The request shall include a written response
3 13 setting forth objections based on a mistake of fact, if any.
3 14 e. If a timely written response setting forth objections
3 15 based on a mistake of fact and requesting a hearing is
3 16 received by the child support recovery unit, a hearing shall
3 17 be held in district court.
3 18 f. The parent of a minor or the child support recovery
3 19 unit may request a hearing regarding the order of joint and
3 20 several support order liability. If a timely written request
3 21 for a hearing is received, the unit shall certify the matter
3 22 to the district court in the county in which the support order
3 23 is filed. If the action is the result of a request from a
3 24 foreign jurisdiction to enforce or obtain support from the
3 25 parent of a minor parent located in this state, the child
3 26 support recovery unit shall certify the matter to the district
3 27 court in the county in which the parent of the minor resides.
3 28 (1) The certification shall include true copies of the
3 29 notice of joint and several support order liability, the
3 30 return of service, the written objections and request for
3 31 hearing, and a copy of the support order.
3 32 (2) The court shall set the matter for hearing and notify
3 33 the child support recovery unit and the parent of the minor of
3 34 the time and place of hearing.
3 35 (3) If the parent of the minor fails to appear at the
4 1 hearing, upon a showing of proper notice to that party, the
4 2 court shall find that party in default and enter an
4 3 appropriate order.
4 4 (4) That the parent of the minor shall file any change of
4 5 address information with the child support recovery unit.
4 6 g. If the parent of the minor contests an action initiated
4 7 under this section by denying paternity legally determined at
4 8 a prior time, section 600B.41A shall apply. If the court
4 9 determines that the prior determination of paternity should
4 10 not be overcome pursuant to section 600B.41A, the court shall
4 11 enter an order of joint and several support order liability
4 12 against the parent of the minor.
4 13 h. If timely written response and request for hearing is
4 14 not received by the child support recovery unit, the child
4 15 support recovery unit may enter an order in accordance with
4 16 the notice of joint and several support order liability and
4 17 shall specify all of the following:
4 18 (1) The name of the obligee.
4 19 (2) The amount of the monthly support ordered in the
4 20 support order, with directions as to manner of payment.
4 21 (3) That the property of the parent of the minor is
4 22 subject to collection action, including but not limited to
4 23 wage withholding, garnishment, attachment of a lien, and
4 24 execution.
4 25 (4) That the parent of the minor shall file any change of
4 26 address information with the child support recovery unit.
4 27 i. A true copy of any order entered by the child support
4 28 recovery unit pursuant to this section, along with a true copy
4 29 of the return of service may be filed in the office of the
4 30 clerk of the district court. The child support recovery
4 31 unit's order shall be presented, ex parte, to the district
4 32 court for review and approval. Unless defects appear on the
4 33 face of the order or on the attachments, the district court
4 34 shall approve the order. The approved order shall have all
4 35 the force, effect, and attributes of a docketed order or
5 1 decree of the district court. Upon filing, the clerk shall
5 2 enter the order in the judgment docket.
5 3 j. The parent of the minor parent shall be sent a copy of
5 4 the order of joint and several support order liability by
5 5 regular mail addressed to the last known address of the parent
5 6 of the minor, or, if applicable, to the last known address of
5 7 the attorney of the parent of the minor.
5 8 3. The parent of a minor who is subject to an order of
5 9 joint and several support order liability shall be considered
5 10 an individual who owes a support obligation for purposes of
5 11 section 252B.9, subsection 2.
5 12 4. The child support recovery unit may take any action
5 13 pursuant to chapters 252A, 252B, 252D, 252G, 252H, 252I, 252J,
5 14 and any other chapter providing for the enforcement of support
5 15 orders to enforce an order of joint and several support order
5 16 liability. Of any amounts collected, the obligee or the child
5 17 support recovery unit shall not retain more than the amount
5 18 ordered in the support order.
5 19 5. The parent of a minor is not considered a party to the
5 20 support order for a minor child for purposes of modification
5 21 of the support order. If the support order for the minor
5 22 child is modified and the parent of the minor is subject to an
5 23 order of joint and several support order liability, the child
5 24 support recovery unit shall send a notice to the parent of the
5 25 minor by regular mail to the applicable last known address of
5 26 the change in the amount of support for which the parent of
5 27 the minor is jointly and severally liable.
5 28 6. An order of joint and several support order liability
5 29 shall be terminated by operation of law upon the occurrence of
5 30 the earliest of any of the following:
5 31 a. The minor parent attains eighteen years of age.
5 32 b. The minor parent marries.
5 33 Upon termination of an order of joint and several support
5 34 order liability, the parent of the minor is not liable for any
5 35 unpaid amounts under the support order.
6 1 7. An order for joint and several support order liability
6 2 shall be suspended by operation of law if the child support
6 3 recovery unit is no longer enforcing the support order for the
6 4 minor child.
6 5 Sec. 3. NEW SECTION. 595.3A INFORMATION FOR CHILD
6 6 SUPPORT RECOVERY UNIT – APPLICATION TO MARRY.
6 7 1. Each party desiring a license to marry shall include
6 8 the party's residential address, telephone number, and
6 9 employment information on the application for a license to
6 10 marry filed pursuant to section 595.4.
6 11 2. The information provided by the parties in subsection 1
6 12 shall be provided to the child support recovery unit, created
6 13 pursuant to section 252B.2, as mutually agreed upon by the
6 14 division of records and statistics of the Iowa department of
6 15 public health and the child support recovery unit, including
6 16 by automated exchange.
6 17 3. A party who falsifies information provided pursuant to
6 18 subsection 1 commits an aggravated misdemeanor.
6 19 Sec. 4. Section 595.4, unnumbered paragraph 1, Code 1997,
6 20 is amended to read as follows:
6 21 Previous to the issuance of any license to marry, the
6 22 parties desiring the license shall sign and file a verified
6 23 application with the county registrar which application either
6 24 may be mailed to the parties at their request or may be signed
6 25 by them at the office of the county registrar in the county in
6 26 which the license is to be issued. The application shall
6 27 include the social security numbers of the applicants and the
6 28 additional information required pursuant to section 595.3A,
6 29 and shall set forth at least one affidavit of some competent
6 30 and disinterested person stating the facts as to age and
6 31 qualification of the parties. Upon the filing of the
6 32 application for a license to marry, the county registrar shall
6 33 file the application in a record kept for that purpose and
6 34 shall take all necessary steps to ensure the confidentiality
6 35 of the applicants' social security numbers. All information
7 1 included on applications may be provided to the child support
7 2 recovery unit as mutually agreed upon by the division of
7 3 records and statistics of the Iowa department of public health
7 4 and the child support recovery unit, including by automated
7 5 exchange.
7 6 Sec. 5. Section 613.16, Code 1997, is amended by adding
7 7 the following new subsection:
7 8 NEW SUBSECTION. 5. The parent of a minor parent, who is
7 9 an obligor pursuant to a child support order, is jointly and
7 10 severally liable for payment of the child support under the
7 11 support order as provided in section 252C.13.
7 12 EXPLANATION
7 13 This bill includes provisions relating to support of
7 14 children. The bill provides that the parent of a child who is
7 15 a minor parent, i.e., the grandparent, is jointly and
7 16 severally liable for support of the minor parent's child,
7 17 i.e., the grandchild, if the child support recovery unit is
7 18 enforcing a support order against the minor parent. The bill
7 19 provides an administrative procedure for the child support
7 20 recovery unit to initiate enforcement action against the
7 21 grandparent by establishing an order for joint and several
7 22 support order liability enforcement against the grandparent,
7 23 which order is terminated if the minor parent attains 18 years
7 24 of age or marries. The bill includes a conforming change in
7 25 Code section 613.16 relating to parental responsibility for
7 26 actions of children.
7 27 The bill also requires that each party applying for a
7 28 marriage license include on the application for the license
7 29 the party's residential address, telephone number, and
7 30 employment information. The information is to be provided to
7 31 the child support recovery unit. Falsifying the information
7 32 is an aggravated misdemeanor which carries a maximum penalty
7 33 of imprisonment not to exceed two years and a fine of at least
7 34 $500 but not to exceed $5,000. The bill also requires an
7 35 applicant for a license to marry to provide the applicant's
8 1 social security number which is also to be provided to the
8 2 child support recovery unit.
8 3 LSB 1491XL 77
8 4 pf/jj/8.2
Text: SSB00231 Text: SSB00233 Text: SSB00200 - SSB00299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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