Text: HF00105 Text: HF00107 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 598.21, subsection 3, paragraph e, Code
1 2 1999, is amended to read as follows:
1 3 e. The earning capacity of the party seeking maintenance,
1 4 including educational background, training, employment skills,
1 5 work experience, length of absence from the job market,
1 6 responsibilities for children under either an award of custody
1 7 or physical care, the ages of any children under an award of
1 8 custody or physical care, and the time and expense necessary
1 9 to acquire sufficient education or training to enable the
1 10 party to find appropriate employment.
1 11 Sec. 2. Section 598.21, subsection 3, paragraph f, Code
1 12 1999, is amended to read as follows:
1 13 f. The feasibility of the party seeking maintenance
1 14 becoming self-supporting at a standard of living reasonably
1 15 comparable to that enjoyed during the marriage, and the length
1 16 of time necessary to achieve this goal. The court shall
1 17 attempt to balance the efforts of the parties in maintaining
1 18 the lifestyles of both parties at the predissolution level,
1 19 with the highest priority being maintenance of the
1 20 predissolution lifestyle of any child of the parties.
1 21 Sec. 3. Section 598.21, subsection 3, Code 1999, is
1 22 amended by adding the following new paragraph after paragraph
1 23 f and relettering subsequent paragraphs:
1 24 NEW PARAGRAPH. fa. The actual cost of maintaining the
1 25 household provided by any parent awarded physical custody at
1 26 the predissolution level, separate and apart from
1 27 consideration of the earning capacity of either parent.
1 28 Sec. 4. Section 598.21, subsection 4, unnumbered paragraph
1 29 1, Code 1999, is amended to read as follows:
1 30 The supreme court shall maintain uniform child support
1 31 guidelines and criteria and review the guidelines and criteria
1 32 at least once every four years, pursuant to the federal Family
1 33 Support Act of 1988, Pub. L. No. 100-485. The initial review
1 34 shall be performed within four years of October 12, 1989, and
1 35 subsequently within the four-year period of the most recent
2 1 review. It is the intent of the general assembly that, to the
2 2 extent possible within the requirements of federal law, the
2 3 court and the child support recovery unit consider the
2 4 individual facts of each judgment or case in the application
2 5 of the guidelines and determine the support obligation,
2 6 accordingly. It is also the intent of the general assembly
2 7 that in the supreme court's review of the guidelines, the
2 8 supreme court shall do both of the following: emphasize the
2 9 ability of a court to apply the guidelines in a just and
2 10 appropriate manner based upon the individual facts of a
2 11 judgment or case; and in determining monthly child support
2 12 payments, consider other children for whom either parent is
2 13 legally responsible for support and other child support
2 14 obligations actually paid by either party pursuant to a court
2 15 or administrative order. It is also the intent of the general
2 16 assembly that when applying the guidelines, the court consider
2 17 the ages of any children under an award of custody or physical
2 18 care in determining the earning capacity of a party, the court
2 19 attempt to balance the efforts of the parties in maintaining
2 20 the lifestyles of both parties, with priority given to
2 21 maintaining the predissolution lifestyles of any child of the
2 22 parties, the court consider the actual cost of maintaining any
2 23 household in which the child will reside at the predissolution
2 24 level, and the court not give primary consideration to
2 25 overtime pay in determining the income of the parties, but if
2 26 the court does consider overtime pay, the court must provide
2 27 written justification for doing so.
2 28 EXPLANATION
2 29 This bill provides that certain elements are to be taken
2 30 into consideration by the court in establishing support for a
2 31 party to a judgment for dissolution, annulment, or separate
2 32 maintenance and in establishing a child support obligation.
2 33 In establishing support for a party, the bill directs the
2 34 court to consider the ages of any children under an award of
2 35 custody or physical care in determining the earning capacity
3 1 of the person seeking support; directs the court to attempt to
3 2 balance the efforts of the parties in maintaining the
3 3 predissolution lifestyle of both parties with priority given
3 4 to the support of any children; and directs the court to
3 5 consider the actual costs of maintaining the household
3 6 provided by any parent awarded physical custody at the
3 7 predissolution level, separate and apart from consideration of
3 8 the earning capacity of either parent. In the area of child
3 9 support, the bill directs the court to also consider the
3 10 actual costs of maintaining the household provided by any
3 11 parent awarded physical custody at the predissolution level,
3 12 separate and apart from consideration of the earning capacity
3 13 of either parent, directs the court to consider the age of the
3 14 children in considering the earning capacity of the parent
3 15 awarded physical custody, directs the court to consider the
3 16 actual cost of maintaining the household in which the child
3 17 will reside, at the predissolution level, and directs the
3 18 court not to give primary consideration to overtime pay of a
3 19 party in determining income, but if the court does consider
3 20 overtime pay, the court must provide written justification for
3 21 doing so.
3 22 LSB 1810HH 78
3 23 pf/gg/8
Text: HF00105 Text: HF00107 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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