Text: HF02000                           Text: HF02002
Text: HF02000 - HF02099                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 2001

Partial Bill History

Bill Text

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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