Text: SF00024 Text: SF00026 Text: SF00000 - SF00099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 232.141, subsection 1, Code 2001, is
1 2 amended to read as follows:
1 3 1. Except as otherwise provided by law, the court shall
1 4 inquire into the ability of the child or the child's parent to
1 5 pay expenses incurred pursuant to subsection 2 and subsection
1 6 4 and, after giving the parent a reasonable opportunity to be
1 7 heard, the court may order the parent to pay all or part of
1 8 the costs of the child's care, examination, treatment, legal
1 9 expenses, or other expenses. An order entered under this
1 10 section does not obligate a parent paying child support under
1 11 a custody decree, except that part of the monthly support
1 12 payment may be used to satisfy the obligations imposed by the
1 13 order entered pursuant to this section and except as provided
1 14 in subsection 9. If a parent fails to pay as ordered, without
1 15 good reason, the court may proceed against the parent for
1 16 contempt and may inform the county attorney who shall proceed
1 17 against the parent to collect the unpaid amount. Any payment
1 18 ordered by the court shall be a judgment against each of the
1 19 child's parents and a lien as provided in section 624.23. If
1 20 all or part of the amount that the parents are ordered to pay
1 21 is subsequently paid by the county or state, the judgment and
1 22 lien shall thereafter be against each of the parents in favor
1 23 of the county to the extent of the county's payments and in
1 24 favor of the state to the extent of the state's payments.
1 25 Sec. 2. Section 232.141, Code 2001, is amended by adding
1 26 the following new subsection:
1 27 NEW SUBSECTION. 9. Notwithstanding any provision of law
1 28 to the contrary, if a child is adjudicated a child in need of
1 29 assistance under this chapter, the parental rights of the
1 30 parents are not terminated, and the child is placed in the
1 31 custody of the department, a parent of the child entitled to
1 32 periodic support payments pursuant to an order or judgment
1 33 entered in any action for support is deemed to have assigned
1 34 to the department current and accruing support payments
1 35 attributable to the child to the extent funds are expended for
2 1 care of the child by the department, effective as of the date
2 2 the child is placed in the custody of the department. The
2 3 department shall notify the clerk of the district court when a
2 4 child entitled to support payments is placed in the custody of
2 5 the department. Upon notification by the department that a
2 6 child entitled to periodic support payments is placed in the
2 7 custody of the department, the clerk of the district court
2 8 shall make a notation of the automatic assignment in the
2 9 judgment docket and lien index. The notation constitutes
2 10 constructive notice of assignment. The clerk of the district
2 11 court shall furnish the department with copies of all orders
2 12 and decrees awarding support for a child placed in the custody
2 13 of the department. The clerk shall also direct the payment of
2 14 support to the collection services center for the use of the
2 15 department for the care of the child. The collection services
2 16 center shall disburse the payments and record the
2 17 disbursements. If payments are not made as ordered, the child
2 18 support recovery unit may certify a default to the court, and
2 19 the court may, on its own motion, proceed under section 598.22
2 20 or 598.23, or the child support recovery unit may enforce the
2 21 judgment as otherwise allowed by law. At the time the
2 22 placement of the child in the custody of the department
2 23 ceases, the assignment of support shall be automatically
2 24 terminated. Unpaid support accrued under the assignment of
2 25 support rights during the time that the child is placed with
2 26 the department remains due to the department up to the amount
2 27 of unreimbursed funds expended. The department shall notify
2 28 the clerk of the district court of the automatic termination
2 29 of the assignment. Unless otherwise specified in the support
2 30 order, an equal and proportionate share of any child support
2 31 awarded shall be presumed to be payable on behalf of each
2 32 child subject to the order or judgment for purposes of an
2 33 assignment under this subsection.
2 34 EXPLANATION
2 35 This bill provides that if a child is adjudicated a child
3 1 in need of assistance, the parental rights of the parents are
3 2 not terminated, and the disposition of the child is placement
3 3 in the custody of the department of human services, a parent
3 4 who is entitled to periodic support payments for the child
3 5 placed in the custody of the department is deemed to have
3 6 assigned current and accruing support payments attributable to
3 7 the child to the department to the extent funds are expended
3 8 for care of the child by the department, effective as of the
3 9 date the child's custody is placed with the department. The
3 10 bill provides for notification of the clerk of the district
3 11 court of the assignment and for termination of the assignment
3 12 when the child's placement with the department terminates.
3 13 The bill also provides for direction of payments of support by
3 14 the clerk of the district court to the collection services
3 15 center. Any unpaid support which accrues during the time of
3 16 the placement remains due to the department after the
3 17 termination of the placement and assignment of support. For
3 18 purposes of the assignment, unless the support order or
3 19 judgment otherwise provides, an equal and proportionate share
3 20 of the support amount is presumed payable on behalf of each
3 21 child subject to the order or judgment for purposes of
3 22 assignment.
3 23 LSB 1524SS
3 24 pf/cf/24
Text: SF00024 Text: SF00026 Text: SF00000 - SF00099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
© 2001 Cornell College and League of Women Voters of Iowa
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