Text: HF00212 Text: HF00214 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 252L.1 WILLFUL FAILURE TO PAY
1 2 DELINQUENT SUPPORT – PENALTIES.
1 3 1. If an obligor ordered to pay support under chapter 232,
1 4 234, 252A, 252C, 252D, 252E, 252F, 598, or 600B, or any other
1 5 applicable chapter willfully fails to make support payments to
1 6 the clerk of the district court or to the collection services
1 7 center pursuant to section 598.22 and becomes delinquent in an
1 8 amount equal to the payments for four months, the obligor is
1 9 guilty of willful failure to pay support and is subject to the
1 10 penalties provided in subsection 5.
1 11 2. An obligor may be charged under this section only if
1 12 all of the following conditions are met:
1 13 a. The obligor has been cited with contempt of court and
1 14 fails to appear, or following the contempt of court hearing
1 15 fails to comply with the order entered.
1 16 b. All other reasonable and available remedies have been
1 17 exhausted.
1 18 c. Evidence exists that the obligor's past conduct
1 19 includes a pattern of deception to avoid payment of support.
1 20 3. The existence of a support obligation that was in
1 21 effect for the time period charged in the indictment or
1 22 information creates a rebuttable presumption that the obligor
1 23 has the ability to pay the support obligation for that time
1 24 period.
1 25 4. It is an affirmative defense that the obligor is unable
1 26 to pay the delinquent support amount. The obligor must prove
1 27 by a preponderance of the evidence that the obligor is unable
1 28 to pay. However, an obligor shall be deemed able to pay if,
1 29 during the period the obligor was obligated to pay support,
1 30 the obligor was any of the following:
1 31 a. Voluntarily unemployed or underemployed without good
1 32 cause to avoid payment of support, including not using
1 33 reasonable diligence to secure sufficient employment.
1 34 b. Unable to pay the support ordered due to excessive
1 35 spending, indebtedness, or other legal obligation, unless the
2 1 spending, indebtedness, or other legal obligation was not
2 2 within the control of the obligor.
2 3 5. a. A person convicted of willful failure to pay
2 4 support for which the conviction is a first offense commits a
2 5 serious misdemeanor and shall be imprisoned for a minimum of
2 6 one year during which time the obligor shall be required to
2 7 perform labor under the Iowa state industries program pursuant
2 8 to chapter 904, division VIII.
2 9 b. A person convicted of willful failure to pay support
2 10 for which the conviction is a second or subsequent offense,
2 11 commits an aggravated misdemeanor and shall be imprisoned for
2 12 a maximum of two years during which time the obligor shall be
2 13 required to perform labor under the Iowa state industries
2 14 program pursuant to chapter 904, division VIII.
2 15 c. Notwithstanding any other provision of the Code to the
2 16 contrary, the obligor's total earnings through the Iowa state
2 17 industries program shall be deposited in the inmate's general
2 18 account and shall be used for payment of delinquent support,
2 19 the current support obligation, and custodial expenses
2 20 incurred by the obligor while the obligor is in the custody of
2 21 the department of corrections.
2 22 6. Upon conviction under this section, the court shall
2 23 also order restitution in an amount equal to the total
2 24 delinquent support obligation as the obligation exists at the
2 25 time of sentencing. Notwithstanding section 910.2, all
2 26 amounts collected for the purpose of payment of restitution
2 27 shall be used to pay the child support obligation before any
2 28 other fines, penalties, surcharges, or other fees required to
2 29 be paid under a restitution order.
2 30 7. In lieu of the penalties and restitution prescribed in
2 31 subsections 5 and 6, the court may exercise any of the
2 32 following options:
2 33 a. Defer judgment of the sentence, if the obligor agrees
2 34 to all of the following:
2 35 (1) To pay in full the amount of delinquent support within
3 1 ten days of the order of deferred judgment.
3 2 (2) To comply with the terms of the support order.
3 3 (3) To work conscientiously at suitable employment or
3 4 pursue conscientiously a course of study or vocational
3 5 training that will equip the obligor for suitable employment.
3 6 b. Suspend the sentence, if the obligor agrees to all of
3 7 the following:
3 8 (1) To pay in full the amount of the delinquent support in
3 9 accordance with a payment plan established by the court.
3 10 (2) To comply with the terms of the support order.
3 11 (3) To work conscientiously at suitable employment or
3 12 pursue conscientiously a course of study or vocational
3 13 training that will equip the obligor for suitable employment.
3 14 EXPLANATION
3 15 This bill establishes the crime of willful failure to pay
3 16 delinquent support. The bill provides that if an obligor is
3 17 ordered to pay support, willfully fails to make payments, and
3 18 becomes delinquent in an amount that equals payment for four
3 19 months, the obligor is guilty of willful failure to pay
3 20 support. The bill provides that an obligor may be charged
3 21 with willful failure to pay support if the obligor has been
3 22 cited with contempt and did not appear or did not comply with
3 23 the order entered following the contempt hearing, if all other
3 24 reasonable and available remedies have been exhausted, and if
3 25 evidence exists that the obligor's past conduct includes a
3 26 pattern of deception to avoid payment of support.
3 27 The bill provides that the existence of a support
3 28 obligation that was in effect for the time period charged
3 29 creates a rebuttable presumption that the obligor has the
3 30 ability to pay the obligation charged. The bill also provides
3 31 that it is an affirmative defense that the obligor is unable
3 32 to pay the delinquent support amount.
3 33 A person convicted of willful failure to pay support for a
3 34 first offense is guilty of a serious misdemeanor and is to be
3 35 imprisoned for a minimum of one year during which time the
4 1 person is to perform labor under the Iowa state industries
4 2 program. A person convicted of willful failure to pay support
4 3 for a second or subsequent offense is guilty of an aggravated
4 4 misdemeanor and is to be imprisoned for a maximum of two years
4 5 during which time the person is to perform labor under the
4 6 Iowa state industries program. Upon conviction of willful
4 7 failure to pay support, the court is directed to also order
4 8 restitution in the amount of delinquent support that exists at
4 9 the time of sentencing.
4 10 The bill provides that in lieu of imprisonment, the court
4 11 may exercise one of two other options. The court may defer
4 12 judgment if the obligor agrees to pay the full amount of
4 13 delinquent support within 10 days of the deferred judgment
4 14 order, to comply with the terms of the support agreement, and
4 15 to work at suitable employment or to pursue a course of study
4 16 or vocational training that will equip the obligor for
4 17 suitable employment. Alternatively, the court may suspend the
4 18 sentence if the obligor agrees to pay the full amount of
4 19 delinquent support in accordance with a payment plan
4 20 established by the court, to comply with the terms of the
4 21 support agreement, and to work at suitable employment or to
4 22 pursue a course of study or vocational training that will
4 23 equip the obligor for suitable employment.
4 24 LSB 1535YH 79
4 25 pf/cf/24
Text: HF00212 Text: HF00214 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 2001 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed May 9 09:40:40 CDT 2001
URL: /DOCS/GA/79GA/Legislation/HF/00200/HF00213/010207.html
jhf