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Bills and Amendments: General Index     Bill History: General Index



Senate File 2040

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 232.141, subsection 1, Code Supplement
  1  2 1999, is amended to read as follows:
  1  3    1.  Except as otherwise provided by law, the court shall
  1  4 inquire into the ability of the child or the child's parent to
  1  5 pay expenses incurred pursuant to subsection 2 and subsection
  1  6 4 and, after giving the parent a reasonable opportunity to be
  1  7 heard, the court may order the parent to pay all or part of
  1  8 the costs of the child's care, examination, treatment, legal
  1  9 expenses, or other expenses.  An order entered under this
  1 10 section does not obligate a parent paying child support under
  1 11 a custody decree, except that part of the monthly support
  1 12 payment may be used to satisfy the obligations imposed by the
  1 13 order entered pursuant to this section and except as provided
  1 14 in subsection 9.  If a parent fails to pay as ordered, without
  1 15 good reason, the court may proceed against the parent for
  1 16 contempt and may inform the county attorney who shall proceed
  1 17 against the parent to collect the unpaid amount.  Any payment
  1 18 ordered by the court shall be a judgment against each of the
  1 19 child's parents and a lien as provided in section 624.23.  If
  1 20 all or part of the amount that the parents are ordered to pay
  1 21 is subsequently paid by the county or state, the judgment and
  1 22 lien shall thereafter be against each of the parents in favor
  1 23 of the county to the extent of the county's payments and in
  1 24 favor of the state to the extent of the state's payments.
  1 25    Sec. 2.  Section 232.141, Code Supplement 1999, is amended
  1 26 by adding the following new subsection:
  1 27    NEW SUBSECTION.  9.  Notwithstanding any provision of law
  1 28 to the contrary, if a child is adjudicated a child in need of
  1 29 assistance under this chapter, the parental rights of the
  1 30 parents are not terminated, and the child is placed in the
  1 31 custody of the department, a parent of the child entitled to
  1 32 periodic support payments pursuant to an order or judgment
  1 33 entered in any action for support, is deemed to have assigned
  1 34 to the department current and accruing support payments
  1 35 attributable to the child to the extent funds are expended for
  2  1 care of the child by the department, effective as of the date
  2  2 the child is placed in the custody of the department.  The
  2  3 department shall notify the clerk of the district court when a
  2  4 child entitled to support payments is placed in the custody of
  2  5 the department.  Upon notification by the department that a
  2  6 child entitled to periodic support payments is placed in the
  2  7 custody of the department, the clerk of the district court
  2  8 shall make a notation of the automatic assignment in the
  2  9 judgment docket and lien index.  The notation constitutes
  2 10 constructive notice of assignment.  The clerk of the district
  2 11 court shall furnish the department with copies of all orders
  2 12 and decrees awarding support for a child placed in the custody
  2 13 of the department.  The clerk shall also direct the payment of
  2 14 support to the collection services center for the use of the
  2 15 department for the care of the child.  The collection services
  2 16 center shall disburse the payments and record the
  2 17 disbursements.  If payments are not made as ordered, the child
  2 18 support recovery unit may certify a default to the court, and
  2 19 the court may, on its own motion, proceed under section 598.22
  2 20 or 598.23 or the child support recovery unit may enforce the
  2 21 judgment as otherwise allowed by law.  At the time the
  2 22 placement of the child in the custody of the department
  2 23 ceases, the assignment of support shall be automatically
  2 24 terminated.  Unpaid support accrued under the assignment of
  2 25 support rights during the time that the child is placed with
  2 26 the department remains due to the department up to the amount
  2 27 of unreimbursed funds expended.  The department shall notify
  2 28 the clerk of the district court of the automatic termination
  2 29 of the assignment.  Unless otherwise specified in the support
  2 30 order, an equal and proportionate share of any child support
  2 31 awarded shall be presumed to be payable on behalf of each
  2 32 child subject to the order or judgment for purposes of an
  2 33 assignment under this subsection.  
  2 34                           EXPLANATION 
  2 35    This bill provides that if a child is adjudicated a child
  3  1 in need of assistance, the parental rights of the parents are
  3  2 not terminated and the disposition of the child is placement
  3  3 in the custody of the department of human services, a parent
  3  4 who is entitled to periodic support payments for the child
  3  5 placed in the custody of the department is deemed to have
  3  6 assigned current and accruing support payments attributable to
  3  7 the child to the department to the extent funds are expended
  3  8 for care of the child by the department, effective as of the
  3  9 date the child's custody is placed with the department.  The
  3 10 bill provides for notification of the clerk of the district
  3 11 court of the assignment and for termination of the assignment
  3 12 when the child's placement with the department terminates.
  3 13 The bill also provides for direction of payments of support by
  3 14 the clerk of the district court to the collection services
  3 15 center.  Any unpaid support which accrues during the time of
  3 16 the placement remains due the department after the termination
  3 17 of the placement and assignment of support.  For purposes of
  3 18 the assignment, unless the support order or judgment otherwise
  3 19 provides, an equal and proportionate share of the support
  3 20 amount is presumed payable on behalf of each child subject to
  3 21 the order or judgment for purposes of assignment.  
  3 22 LSB 5645XS 78
  3 23 pf/cls/14.1
     

Text: SF02039                           Text: SF02041
Text: SF02000 - SF02099                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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