Text: HF00092 Text: HF00094 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 598.21, subsection 4, Code 2001, is 1 2 amended by adding the following new paragraph: 1 3 NEW PARAGRAPH. f. (1) The court may consider, as a basis 1 4 for deviation from the amount of child support which would 1 5 otherwise result from application of the uniform child support 1 6 guidelines, the income of the spouse of the parent from whom 1 7 support is sought but who is not a parent of the child, under 1 8 extraordinary circumstances in which excluding the spouse's 1 9 income would lead to a substantial injustice to any child 1 10 supported by the parent. For the purposes of this paragraph, 1 11 "extraordinary circumstances" means a circumstance where a 1 12 parent voluntarily or intentionally quits work or reduces 1 13 income, or intentionally remains unemployed or underemployed, 1 14 and relies on the parent's spouse for income. 1 15 (2) If the parent from whom support is sought requests a 1 16 deviation from the amount of child support which would 1 17 otherwise result from application of the uniform child support 1 18 guidelines, the court may consider the income of the spouse of 1 19 the parent in determining the amount of support. 1 20 (3) If the income of the parent's spouse is considered, 1 21 discovery for the purposes of determining income shall be 1 22 based on W-2 and 1099 income tax forms. 1 23 EXPLANATION 1 24 This bill provides circumstances under which the court may 1 25 deviate from the child support amount that would otherwise 1 26 result from application of the uniform child support 1 27 guidelines relative to the income of the spouse of the parent 1 28 from whom support is sought. Under the bill, the court may 1 29 deviate from the guidelines under extraordinary circumstances 1 30 in which excluding the income of the spouse of the parent 1 31 would result in a substantial injustice to the child supported 1 32 by the parent. "Extraordinary circumstances" is defined as a 1 33 circumstance where a parent voluntarily or intentionally quits 1 34 work or reduces income, or intentionally remains unemployed or 1 35 underemployed, and relies on the parent's spouse for income. 2 1 Additionally, the bill provides that if the parent from whom 2 2 support is sought requests a deviation from the amount which 2 3 would result under the guidelines, the court may consider the 2 4 income of the spouse of the parent in determining the amount 2 5 of support. 2 6 LSB 1010HH 79 2 7 pf/pj/5
Text: HF00092 Text: HF00094 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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