Text: HSB00146 Text: HSB00148 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 234.39, Code 1999, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 5. If the department makes a subsidized
1 4 guardianship payment for a child, the payment shall be
1 5 considered a foster care payment for purposes of child support
1 6 recovery. All provisions of this and other sections, and of
1 7 rules and orders adopted or entered pursuant to those
1 8 sections, including for the establishment of a paternity or
1 9 support order, for the amount of a support obligation, for the
1 10 modification or adjustment of a support obligation, for the
1 11 assignment of support, and for enforcement shall apply as if
1 12 the child were receiving foster care services, or were in
1 13 foster care placement, or as if foster care funds were being
1 14 expended for the child. This subsection shall apply
1 15 regardless of the date of placement in foster care or
1 16 subsidized guardianship or the date of entry of an order, and
1 17 foster care and subsidized guardianship shall be considered
1 18 the same for purposes of child support recovery.
1 19 Sec. 2. Section 252B.13A, Code 1999, is amended by adding
1 20 the following new subsection:
1 21 NEW SUBSECTION. 3. Notwithstanding section 12C.7,
1 22 subsection 2, interest earned on moneys received under this
1 23 section shall be credited to the department for use by the
1 24 unit.
1 25 Sec. 3. Section 252D.23, Code 1999, is amended to read as
1 26 follows:
1 27 252D.23 FILING OF WITHHOLDING ORDER – ORDER EFFECTIVE AS
1 28 DISTRICT COURT ORDER.
1 29 An income withholding order entered by the child support
1 30 recovery unit pursuant to this chapter shall be filed with the
1 31 clerk of the district court. In lieu of any signature on the
1 32 order which may otherwise be required by law or rule, the
1 33 order shall have affixed the name and address of the
1 34 appropriate child support office. For the purposes of
1 35 demonstrating compliance by the payor of income, the copy of
2 1 the withholding order or the notice of the order received,
2 2 whether or not the copy of the order is file-stamped, shall
2 3 have all the force, effect, and attributes of a docketed order
2 4 of the district court including, but not limited to,
2 5 availability of contempt of court proceedings against a payor
2 6 of income for noncompliance. However, any information
2 7 contained in the income withholding order or the notice of the
2 8 order related to the amount of the accruing or accrued support
2 9 obligation which does not reflect the correct amount of
2 10 support due does not modify the underlying support judgment.
2 11 Sec. 4. Section 252I.4, subsection 3, Code 1999, is
2 12 amended to read as follows:
2 13 3. The unit may pay a reasonable fee to a financial
2 14 institution for conducting the data match required in
2 15 subsection 2, not to exceed the lower of either one hundred
2 16 fifty dollars for each quarterly data match or the actual
2 17 costs incurred by the financial institution for each quarterly
2 18 data match. However, the unit may also adopt rules pursuant
2 19 to chapter 17A to specify a fee amount for each quarterly data
2 20 match based upon the estimated state share of funds collected
2 21 under this chapter, which, when adopted, shall be applied in
2 22 lieu of the one hundred fifty dollar fee under this
2 23 subsection. In addition, the unit may pay a reasonable fee to
2 24 a financial institution for automation programming development
2 25 performed in order to conduct the data match required in
2 26 subsection 2, not to exceed the lower of either five hundred
2 27 dollars or the actual costs incurred by the financial
2 28 institution. The unit may use the state share of funds
2 29 collected under this chapter to pay the fees to financial
2 30 institutions under this subsection. For state fiscal years
2 31 beginning July 1, 1999, and July 1, 2000, the unit may use up
2 32 to one hundred percent of the state share of such funds. For
2 33 state fiscal years beginning on or after July 1, 2001, the
2 34 unit may use up to fifty percent of the state share of such
2 35 funds. Notwithstanding any other provision of law to the
3 1 contrary, a financial institution shall have until a date
3 2 provided in the agreement in subsection 2 to submit its claim
3 3 for a fee under this subsection. If the unit does not have
3 4 sufficient funds available under this subsection for payment
3 5 of fees under this subsection, the cost may be carried forward
3 6 to a future year. The unit may also use funds from an amount
3 7 assessed a child support agency of another state, as defined
3 8 in section 252H.2, to conduct a data match requested by that
3 9 child support agency as provided in 42 U.S.C. } 666(a)(14) to
3 10 pay fees to financial institutions under this subsection.
3 11 Sec. 5. RETROACTIVE APPLICABILITY. Section 2 of this Act
3 12 amending section 252B.13A is retroactively applicable to July
3 13 1, 1998.
3 14 EXPLANATION
3 15 This bill makes changes in laws relating to child support
3 16 enforcement.
3 17 The bill provides that for the purposes of child support
3 18 recovery, subsidies paid by the department of human services
3 19 to guardians of children are to be considered the same as
3 20 foster care payments. This codifies language that accompanies
3 21 a proposal in the department's appropriations bill which
3 22 provides some permanency to children who cannot return to live
3 23 with their biological parents, but it is also not appropriate
3 24 to terminate parental rights. The child is therefore placed
3 25 with a permanent guardian, rather than in foster care. The
3 26 department pays a subsidy to the guardian, and the child
3 27 support recovery unit continues to collect child support from
3 28 the parent to reimburse the state as it would if the child
3 29 were in foster care.
3 30 The bill provides that interest earned on moneys received
3 31 for child support by the child support recovery unit and
3 32 deposited in the state treasurer's account is to be credited
3 33 to the unit rather than credited to the state general fund.
3 34 This provision is retroactively applicable to July 1, 1998.
3 35 The bill also provides that income withholding orders
4 1 entered by the unit are to include the name and address of the
4 2 appropriate child support office, in lieu of any signature
4 3 otherwise required, in order to provide a contact for
4 4 employers and parents.
4 5 The bill also specifies the means by which the unit may pay
4 6 financial institutions for costs associated with data matches,
4 7 including costs of automation programming development
4 8 necessary to conduct the data matches.
4 9 LSB 1259DP 78
4 10 pf/gg/8
Text: HSB00146 Text: HSB00148 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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