Text: SSB00231 Text: SSB00233 Text: SSB00200 - SSB00299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 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
© 1997 Cornell College and League of Women Voters of Iowa
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Last update: Wed Mar 12 09:13:45 CST 1997