Text: HSB00027 Text: HSB00029 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 232.147, Code 2001, is amended by 1 2 adding the following new subsection: 1 3 NEW SUBSECTION. 3A. Official juvenile court records 1 4 enumerated in section 232.2, subsection 38, paragraph "e", 1 5 relating to paternity, support, or the termination of parental 1 6 rights, shall be disclosed, upon request, to the child support 1 7 recovery unit without court order. 1 8 Sec. 2. Section 252B.5, subsection 4, Code 2001, is 1 9 amended to read as follows: 1 10 4. Assistance to set off against a debtor's income tax 1 11 refund or rebate any support debt, which is assigned to the 1 12 department of human services or which the child support 1 13 recovery unit is attempting to collect on behalf of any 1 14 individual not eligible as a public assistance recipient, 1 15 which has accrued through written contract, subrogation, or 1 16 court judgment, and which is in the form of a liquidated sum 1 17 due and owing for the care, support or maintenance of a child. 1 18 Unless the periodic payment plan provisions for a retroactive 1 19 modification pursuant to section 598.21, subsection 8, apply, 1 20 the entire amount of a judgment for accrued support, 1 21 notwithstanding compliance with a periodic payment plan or 1 22 regardless of the date of entry of the judgment, is due and 1 23 owing as of the date of entry of the judgment and is 1 24 delinquent for the purposes of setoff, including for setoff 1 25 against a debtor's federal income tax refund or other federal 1 26 nontax payment. The department of human services shall 1 27promulgateadopt rules pursuant to chapter 17A necessary to 1 28 assist the department of revenue and finance in the 1 29 implementation of the child support setoff as established 1 30 under section 421.17, subsection 21. 1 31 Sec. 3. Section 252H.7, subsection 1, unnumbered paragraph 1 32 1, and paragraph a, Code 2001, are amended to read as follows: 1 33 A parent may waive thethirty-dayten-day prereview waiting 1 34 period provided for in section 252H.16. 1 35 a. Upon receipt of signed requests from both parents 2 1 waiving the prereview waiting period, the unit may conduct a 2 2 review of the support order prior to the expiration of the 2 3thirty-dayten-day period provided in section 252H.16. 2 4 Sec. 4. Section 252H.8, subsections 1 and 6, Code 2001, 2 5 are amended to read as follows: 2 6 1. For actions initiated under subchapter II, either 2 7 parent or the unit may request a court hearing withinthirty2 8 ten days from the date of issuance of the notice of decision 2 9 under section 252H.16, or within ten days of the date of 2 10 issuance of the second notice of decision under section 2 11 252H.17, whichever is later. 2 12 6. For actions initiated under subchapter II, a hearing 2 13 shall not be held for at leastthirty-oneeleven days 2 14 following the date of issuance of the notice of decision 2 15 unless the parents have jointly waived, in writing, the 2 16thirty-dayten-day postreview period. 2 17 Sec. 5. Section 252H.16, subsection 2, Code 2001, is 2 18 amended to read as follows: 2 19 2. Unless both parents have waived the prereview notice 2 20 period as provided for in section 252H.7, the review shall not 2 21 be conducted for at leastthirtyten days from the date both 2 22 parents were successfully served with the notice required in 2 23 section 252H.15. 2 24 Sec. 6. Section 600.16A, Code 2001, is amended by adding 2 25 the following new subsection: 2 26 NEW SUBSECTION. 4A. Notwithstanding subsection 2, a 2 27 termination of parental rights order issued pursuant to 2 28 section 600A.9 may be disclosed to the child support recovery 2 29 unit, upon request, without court order. 2 30 Sec. 7. EFFECTIVE DATES. 2 31 1. Section 2 of this Act, being deemed of immediate 2 32 importance, takes effect upon enactment. 2 33 2. Sections 3 through 5 of this Act take effect February 2 34 1, 2002. 2 35 EXPLANATION 3 1 This bill relates to child support enforcement. 3 2 The bill authorizes the disclosure of certain official 3 3 juvenile court records and orders relating to paternity, 3 4 support, or the termination of parental rights to the child 3 5 support recovery unit, upon request, without court order. 3 6 The bill also makes changes relative to orders for support 3 7 for which an obligation may have accrued during a time period 3 8 during which a support order was not yet in force, such as a 3 9 time period when a child was receiving benefits under the 3 10 family investment program. The bill provides that, unless the 3 11 periodic payment plan for retroactive modification provisions 3 12 apply to an order, and notwithstanding a payor's compliance 3 13 with a periodic payment plan, the entire amount of an accrued 3 14 support order is due and owing on the date of entry of the 3 15 judgment and is delinquent for the purposes of tax refund 3 16 setoff and for other available federal payment setoffs. This 3 17 provision is effective upon the bill's enactment. 3 18 The bill also reduces the length of time to modify a 3 19 support order by reducing the length of time provided for 3 20 waiting periods in the review and adjustment of child support 3 21 orders. The prereview waiting period before the child support 3 22 recovery unit may conduct the review is reduced from 30 days 3 23 to 10 days. The postreview waiting period for either party to 3 24 request a court hearing is reduced from 30 days to 10 days 3 25 from the date the unit completes the review and sends notice 3 26 of the decision to the parties. The bill also makes 3 27 conforming changes in length of waiting periods affected by 3 28 these changes. The bill provides that the waiting period 3 29 changes are effective February 1, 2002. 3 30 LSB 1430DP 79 3 31 pf/pj/5
Text: HSB00027 Text: HSB00029 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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