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House Journal: Page 849: Wednesday, March 26, 1997

Boddicker of Cedar asked and received unanimous consent to
withdraw amendment H-1328 filed by him on March 25, 1997.
Boddicker of Cedar offered amendment H-1342 filed by him as
follows:

H-1342

 1     Amend House File 612 as follows:
 2     1.  Page 31, by inserting after line 31 the
 3   following:
 4     "Sec. ___.  NEW SECTION.  252B.6A  EXTERNAL
 5   SERVICES - OBSTRUCTION OF ACTIONS.
 6     1.  Provided that the action is consistent with
 7   applicable federal law and regulation, an attorney
 8   licensed to practice in this state may, for the
 9   purposes of collecting support payments for cases
10   being enforced by the unit for which public assistance
11   is being provided to a dependent child and for which
12   no payment has been made in accordance with an
13   administrative or court order for more than one year
14   from the entering of the order, initiate proceedings
15   to collect the support.
16     2.  The attorney initiating the action shall notify
17   the unit of the action, but shall not be subject to
18   prior consent of the unit, any party to the action, or
19   any other person to initiate the action.
20     3.  The attorney may utilize any action or
21   proceeding authorized by law and available to a
22   private attorney or obligee to enforce the support
23   obligation.
24     4.  All of the following are applicable to an
25   action initiated by an attorney under this section:
26     a.  The attorney has a lien for compensation which
27   is an amount equal to thirty-three and one-third
28   percent of any amount collected due to the action.
29     b.  The amount paid toward the lien and any court
30   costs incurred are in addition to the amount of the
31   support obligation to be paid under the support order.
32     c.  Negotiation of a partial payment or settlement
33   of any action shall not be made without the approval
34   of the unit.
35     5.  An obligor or payor of income who obstructs an
36   action to collect support under this section is
37   subject to a penalty, which is three times the amount
38   of the support obligation and which is in addition to
39   the amount of support owed.  The attorney shall reduce
40   this amount to a judgment which may be collected
41   through any action or proceeding available to a
42   private attorney.  Any penalty collected shall be
43   applied equally to the support obligation assigned to
44   the state and to payment of the lien established under
45   subsection 4.

Iowa General Assembly

Index: House Journal (77th General Assembly: Session 1)

© 1997 Cornell College and League of Women Voters of Iowa

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Last update: Thu Mar 27 13:40:03 CST 1997
URL: /DOCS/GA/77GA/Session.1/HJournal/00800/00849.html
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