Text: HF00772 Text: HF00774 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 773 1 2 1 3 AN ACT 1 4 RELATING TO CHILD SUPPORT ENFORCEMENT, INCLUDING CHILD SUPPORT 1 5 RECOVERY IN INSTANCES OF GUARDIANSHIPS, INCOME WITHHOLDING, 1 6 AND PAYMENTS TO FINANCIAL INSTITUTIONS FOR RECORD MATCHES. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. Section 234.39, Code 1999, is amended by adding 1 11 the following new subsection: 1 12 NEW SUBSECTION. 5. If the department makes a subsidized 1 13 guardianship payment for a child, the payment shall be 1 14 considered a foster care payment for purposes of child support 1 15 recovery. All provisions of this and other sections, and of 1 16 rules and orders adopted or entered pursuant to those 1 17 sections, including for the establishment of a paternity or 1 18 support order, for the amount of a support obligation, for the 1 19 modification or adjustment of a support obligation, for the 1 20 assignment of support, and for enforcement shall apply as if 1 21 the child were receiving foster care services, or were in 1 22 foster care placement, or as if foster care funds were being 1 23 expended for the child. This subsection shall apply 1 24 regardless of the date of placement in foster care or 1 25 subsidized guardianship or the date of entry of an order, and 1 26 foster care and subsidized guardianship shall be considered 1 27 the same for purposes of child support recovery. 1 28 Sec. 2. Section 252D.23, Code 1999, is amended to read as 1 29 follows: 1 30 252D.23 FILING OF WITHHOLDING ORDER ORDER EFFECTIVE AS 1 31 DISTRICT COURT ORDER. 1 32 An income withholding order entered by the child support 1 33 recovery unit pursuant to this chapter shall be filed with the 1 34 clerk of the district court. In lieu of any signature on the 1 35 order which may otherwise be required by law or rule, the 2 1 order shall have affixed the name and address of the 2 2 appropriate child support office. For the purposes of 2 3 demonstrating compliance by the payor of income, the copy of 2 4 the withholding order or the notice of the order received, 2 5 whether or not the copy of the order is file-stamped, shall 2 6 have all the force, effect, and attributes of a docketed order 2 7 of the district court including, but not limited to, 2 8 availability of contempt of court proceedings against a payor 2 9 of income for noncompliance. However, any information 2 10 contained in the income withholding order or the notice of the 2 11 order related to the amount of the accruing or accrued support 2 12 obligation which does not reflect the correct amount of 2 13 support due does not modify the underlying support judgment. 2 14 Sec. 3. Section 252I.4, subsection 3, Code 1999, is 2 15 amended to read as follows: 2 16 3. The unit may pay a reasonable fee to a financial 2 17 institution for conducting the data match required in 2 18 subsection 2, not to exceed the lower of either one hundred 2 19 fifty dollars for each quarterly data match or the actual 2 20 costs incurred by the financial institution for each quarterly 2 21 data match. However, the unit may also adopt rules pursuant 2 22 to chapter 17A to specify a fee amount for each quarterly data 2 23 match based upon the estimated state share of funds collected 2 24 under this chapter, which, when adopted, shall be applied in 2 25 lieu of the one hundred fifty dollar fee under this 2 26 subsection. In addition, the unit may pay a reasonable fee to 2 27 a financial institution for automation programming development 2 28 performed in order to conduct the data match required in 2 29 subsection 2, not to exceed the lower of either five hundred 2 30 dollars or the actual costs incurred by the financial 2 31 institution. The unit may use the state share of funds 2 32 collected under this chapter to pay the fees to financial 2 33 institutions under this subsection. For state fiscal years 2 34 beginning July 1, 1999, and July 1, 2000, the unit may use up 2 35 to one hundred percent of the state share of such funds. For 3 1 state fiscal years beginning on or after July 1, 2001, the 3 2 unit may use up to fifty percent of the state share of such 3 3 funds. Notwithstanding any other provision of law to the 3 4 contrary, a financial institution shall have until a date 3 5 provided in the agreement in subsection 2 to submit its claim 3 6 for a fee under this subsection. If the unit does not have 3 7 sufficient funds available under this subsection for payment 3 8 of fees under this subsection, the cost may be carried forward 3 9 to a future year. The unit may also use funds from an amount 3 10 assessed a child support agency of another state, as defined 3 11 in section 252H.2, to conduct a data match requested by that 3 12 child support agency as provided in 42 U.S.C. } 666(a)(14) to 3 13 pay fees to financial institutions under this subsection. 3 14 3 15 3 16 3 17 BRENT SIEGRIST 3 18 Speaker of the House 3 19 3 20 3 21 3 22 MARY E. KRAMER 3 23 President of the Senate 3 24 3 25 I hereby certify that this bill originated in the House and 3 26 is known as House File 773, Seventy-eighth General Assembly. 3 27 3 28 3 29 3 30 ELIZABETH ISAACSON 3 31 Chief Clerk of the House 3 32 Approved , 1999 3 33 3 34 3 35 4 1 THOMAS J. VILSACK 4 2 Governor
Text: HF00772 Text: HF00774 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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