Text: SF00255 Text: SF00257 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 252B.20A TERMINATION OF SUPPORT
1 2 – CHANGE IN CUSTODY.
1 3 1. If the unit is providing child support enforcement
1 4 services pursuant to this chapter, a parent of a dependent
1 5 child for whom support has been ordered pursuant to chapter
1 6 252A, 252C, 252F, 598, or 600B, or any other chapter, may
1 7 request the assistance of the unit in terminating the parent's
1 8 obligation for support if the parent presents documentation,
1 9 including but not limited to a dissolution of marriage decree
1 10 or a child custody order, that the parent has been awarded
1 11 physical custody of the child for whom support was ordered and
1 12 the child is residing with the parent.
1 13 2. Upon receipt of the documentation specified in
1 14 subsection 1, the unit shall file a notice of termination with
1 15 a judge of the district court for approval. If the notice of
1 16 termination is approved, termination of the support obligation
1 17 is effective upon the date of the filing of the notice of
1 18 termination. However, any support that has accrued prior to
1 19 the date of filing of the notice of termination is unaffected
1 20 by the termination.
1 21 Sec. 2. NEW SECTION. 598.43 REVIEW AND TERMINATION OF
1 22 EXISTING ORDERS.
1 23 Prior to the issuing of a child custody or support order or
1 24 the granting of a dissolution decree, the court shall review
1 25 any existing support order to which a parent is a party. The
1 26 court shall terminate any existing support order if the
1 27 subsequent order or decree provides for the award of physical
1 28 custody to the parent ordered to pay support under the
1 29 existing support order.
1 30 EXPLANATION
1 31 This bill provides for the termination of a child support
1 32 order under certain circumstances. The bill provides that if
1 33 the child support recovery unit is providing enforcement
1 34 services, a parent of a dependent child for whom support has
1 35 been ordered may request the assistance of the unit in
2 1 terminating the parent's obligation for support if the parent
2 2 presents documentation that the parent has been awarded
2 3 physical custody of the child and the child is residing with
2 4 the parent. Documentation presented may include a dissolution
2 5 of marriage decree or a child custody order. The termination
2 6 is effective upon the date of filing of the notice of
2 7 termination but does not affect support that has accrued prior
2 8 to the date of filing of the notice of termination. The bill
2 9 also provides that prior to granting a child custody or child
2 10 support order or a dissolution of marriage decree, the court
2 11 is to review any existing support order to which a parent is a
2 12 party. The court is to terminate any existing support order
2 13 if the subsequent order or decree provides for the award of
2 14 physical custody to the parent ordered to pay support under
2 15 the existing support order.
2 16 LSB 2521SS 79
2 17 pf/cls/14.1
Text: SF00255 Text: SF00257 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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