Text: HF00627 Text: HF00629 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 252C.2, subsection 2, unnumbered
1 2 paragraph 1, Code 1999, is amended to read as follows:
1 3 The payment of public assistance to or for the benefit of a
1 4 dependent child or a dependent child's caretaker creates a
1 5 support debt due and owing to the department by the
1 6 responsible person in an amount equal to the public assistance
1 7 payment, except that the support debt is limited to the amount
1 8 of a support obligation established by court order or by the
1 9 administrator. If the support obligation reflects the award
1 10 of physical care to both the custodial parent and the
1 11 responsible person, the support debt due and owing to the
1 12 department shall be apportioned between the responsible person
1 13 and the custodial parent as provided in the order, and shall
1 14 be limited to the amount of the combined support obligations
1 15 of the responsible person and the custodial parent established
1 16 under the order. The administrator may establish a support
1 17 debt as to amounts accrued and accruing pursuant to section
1 18 598.21, subsection 4. However, when establishing a support
1 19 obligation against a responsible person, no debt shall be
1 20 created for the period during which the responsible person is
1 21 a recipient on the person's own behalf of public assistance
1 22 for the benefit of the dependent child or the dependent
1 23 child's caretaker, if any of the following conditions exist:
1 24 a. The parents have reconciled and are cohabiting, and the
1 25 child for whom support would otherwise be sought is living in
1 26 the same residence as the parents.
1 27 b. The child is living with the parent from whom support
1 28 would otherwise be sought.
1 29 Sec. 2. Section 598.21, Code 1999, is amended by adding
1 30 the following new subsection:
1 31 NEW SUBSECTION. 4C. If the court awards joint physical
1 32 care to both parents, the court shall deviate from the uniform
1 33 child support guidelines and shall enter an order which
1 34 establishes the support obligation of each parent to reflect
1 35 the proportionate physical care responsibility of each parent.
2 1 EXPLANATION
2 2 This bill provides that the court shall deviate from the
2 3 child support guidelines if both parents are awarded joint
2 4 physical care. The child support amount established is to
2 5 reflect the proportionate physical care responsibility of each
2 6 parent.
2 7 The bill also provides that if the support has been
2 8 assigned to the state, the amount of the support debt is to be
2 9 apportioned between the parents to reflect the order, and the
2 10 support debt owed is limited to the combined support
2 11 obligation of both the responsible person and the custodial
2 12 parent and is limited to the amount established by the court.
2 13 LSB 2588HH 78
2 14 pf/jw/5
Text: HF00627 Text: HF00629 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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