Text: HF02000 Text: HF02002 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 598.21, subsection 5A, Code Supplement
1 2 2001, is amended by adding the following new paragraph:
1 3 NEW PARAGRAPH. e. A support order, decree, or judgment
1 4 entered or pending before July 1, 1997, that provides for
1 5 support of a child for college, university, or community
1 6 college expenses, may be modified in accordance with this
1 7 subsection.
1 8 Sec. 2. EFFECTIVE DATE AND RETROACTIVE PROVISION. This
1 9 Act, being deemed of immediate importance, takes effect upon
1 10 enactment and is retroactively applicable to support orders,
1 11 decrees, or judgments as described in section 1 of this Act
1 12 entered or pending before July 1, 1997.
1 13 EXPLANATION
1 14 This bill provides that a support order, decree, or
1 15 judgment entered or pending before July 1, 1997, that provides
1 16 for support of a child for college, university, or community
1 17 college expenses, may be modified in accordance with the
1 18 postsecondary education subsidy provisions that became
1 19 effective July 1, 1997. 1997 Iowa Acts, chapter 175, section
1 20 190, included a provision that established a formula for
1 21 determining the contribution of the parents and the child for
1 22 payment of postsecondary education expenses of that child.
1 23 Under the provision, Code section 598.21, subsection 5A, the
1 24 court may grant the subsidy for good cause shown. In In re
1 25 Marriage of Williams, 595 N.W.2d 126 (Iowa 1999), the Iowa
1 26 supreme court held, in part, that since no express provision
1 27 was included in the statute to make the postsecondary
1 28 education subsidy provision effective retroactively, the
1 29 provision took effect July 1, 1997, and could not be applied
1 30 retroactively to support orders entered or pending before that
1 31 date. This bill would allow for modification of those support
1 32 orders, decrees, or judgments entered or pending prior to July
1 33 1, 1997, that provided support for college, university, or
1 34 community college expenses, through retroactive application of
1 35 the postsecondary education subsidy provisions.
2 1 The bill takes effect upon enactment, and is retroactively
2 2 applicable to support orders, decrees, or judgments entered or
2 3 pending before July 1, 1997.
2 4 LSB 5021YH 79
2 5 pf/pj/5
Text: HF02000 Text: HF02002 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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