Text: SSB03104                          Text: SSB03106
Text: SSB03100 - SSB03199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index



Senate Study Bill 3105

Bill Text

PAG LIN
  1  1    Section 1.  Section 252D.18A, subsection 1, Code 2001, is
  1  2 amended to read as follows:
  1  3    1.  The total of all amounts withheld shall not exceed the
  1  4 amounts specified in 15 U.S.C. } 1673(b).  For orders or
  1  5 notices issued by the child support recovery unit, the limit
  1  6 for the amount to be withheld shall be specified in the order
  1  7 or notice.
  1  8    Sec. 2.  Section 252D.18A, subsection 3, paragraph b, Code
  1  9 2001, is amended to read as follows:
  1 10    b.  If, after completing the calculation in paragraph "a",
  1 11 the withholding limit specified under 15 U.S.C. } 1673(b)
  1 12 subsection 1 has not been attained, the payor shall total the
  1 13 amounts due for arrearages and determine the proportionate
  1 14 share for each obligee.  The proportionate share amounts shall
  1 15 be established utilizing the procedures established in
  1 16 paragraph "a" for current support obligations.
  1 17    Sec. 3.  Section 252E.1, Code 2001, is amended to read as
  1 18 follows:
  1 19    252E.1  DEFINITIONS.
  1 20    As used in this chapter, unless the context otherwise
  1 21 requires:
  1 22    1.  "Accessible" means any of the following, unless
  1 23 otherwise provided in the support order:
  1 24    a.  The health benefit plan does not have service area
  1 25 limitations or provides an option not subject to service area
  1 26 limitations.
  1 27    b.  The health benefit plan has service area limitations
  1 28 and the dependent lives within thirty miles or thirty minutes
  1 29 of a network primary care provider.
  1 30    2.  "Basic coverage" means coverage provided under a health
  1 31 benefit plan that at a minimum provides coverage for emergency
  1 32 care, inpatient and outpatient hospital care, physician
  1 33 services whether provided within or outside a hospital
  1 34 setting, and laboratory and x-ray services.
  1 35    1. 3.  "Child" means a person for whom child or medical
  2  1 support may be ordered pursuant to chapter 234, 239B, 252A,
  2  2 252C, 252F, 252H, 252K, 598, 600B or any other chapter of the
  2  3 Code or pursuant to a comparable statute of a foreign
  2  4 jurisdiction.
  2  5    2. 4.  "Department" means the department of human services,
  2  6 which includes but is not limited to the child support
  2  7 recovery unit, or any comparable support enforcement agency of
  2  8 another state.
  2  9    3. 5.  "Dependent" means a child, or an obligee for whom a
  2 10 court may order coverage by a health benefit plan pursuant to
  2 11 section 252E.3.
  2 12    4. 6.  "Enroll" means to be eligible for and covered by a
  2 13 health benefit plan.
  2 14    5. 7.  "Health benefit plan" means any policy or contract
  2 15 of insurance, indemnity, subscription or membership issued by
  2 16 an insurer, health service corporation, health maintenance
  2 17 organization, or any similar corporation, organization, or a
  2 18 self-insured employee benefit plan, for the purpose of
  2 19 covering medical expenses.  These expenses may include, but
  2 20 are not limited to hospital, surgical, major medical
  2 21 insurance, dental, optical, prescription drugs, office visits,
  2 22 or any combination of these or any other comparable health
  2 23 care expenses.
  2 24    6. 8.  "Insurer" means any entity which provides a health
  2 25 benefit plan.
  2 26    7. 9.  "Medical support" means either the provision of a
  2 27 health benefit plan, including a group or employment-related
  2 28 or an individual health benefit plan, or a health benefit plan
  2 29 provided pursuant to chapter 514E, to meet the medical needs
  2 30 of a dependent and the cost of any premium required by a
  2 31 health benefit plan, or the payment to the obligee of a
  2 32 monetary amount in lieu of a health benefit plan, either of
  2 33 which is an obligation separate from any monetary amount of
  2 34 child support ordered to be paid.  Medical support is not
  2 35 alimony.
  3  1    10.  "National medical support notice" means a notice as
  3  2 prescribed under 42 U.S.C. } 666(a)(19) or a substantially
  3  3 similar notice, that is issued and forwarded by the department
  3  4 to enforce medical support provisions of a support order.
  3  5    8. 11.  "Obligee" means a parent or another natural person
  3  6 legally entitled to receive a support payment on behalf of a
  3  7 child.
  3  8    9. 12.  "Obligor" means a parent or another natural person
  3  9 legally responsible for the support of a dependent.
  3 10    10. 13.  "Order" means a support order entered pursuant to
  3 11 chapter 234, 252A, 252C, 252F, 252H, 252K, 598, 600B, or any
  3 12 other support chapter, or pursuant to a comparable statute of
  3 13 a foreign jurisdiction, or an ex parte order entered pursuant
  3 14 to section 252E.4.  "Order" also includes a notice of such an
  3 15 order issued by the child support recovery unit to an employer
  3 16 department.
  3 17    14.  "Plan administrator" means the employer or sponsor
  3 18 that offers the health benefit plan or the person to whom the
  3 19 duty of plan administrator is delegated by the employer or
  3 20 sponsor offering the health benefit plan, by written agreement
  3 21 of the parties.
  3 22    15.  "Primary care provider" means a physician who provides
  3 23 primary care who is a family or general practitioner, a
  3 24 pediatrician, an internist, an obstetrician, or a
  3 25 gynecologist.
  3 26    Sec. 4.  Section 252E.2, subsection 2, unnumbered paragraph
  3 27 1, Code 2001, is amended to read as follows:
  3 28    An insurer who is subject to the federal Employee
  3 29 Retirement Income Security Act, as codified in 29 U.S.C. }
  3 30 1169, shall provide benefits in accordance with that section
  3 31 which meet the requirements of a qualified medical child
  3 32 support order.  For the purposes of this subsection "qualified
  3 33 medical child support order" means and includes a medical
  3 34 child support order as defined in 29 U.S.C. } 1169, or a child
  3 35 support order which creates or recognizes the existence of a
  4  1 child's right to, or assigns to a child the right to, receive
  4  2 benefits for which a participant or child is eligible under a
  4  3 group health plan or a notice of such an order issued by the
  4  4 child support recovery unit department, and which specifies
  4  5 the following:
  4  6    Sec. 5.  Section 252E.4, subsection 1, Code 2001, is
  4  7 amended to read as follows:
  4  8    1.  When a support order requires an obligor to provide
  4  9 coverage under a health benefit plan, the district court or
  4 10 the department may enter an ex parte order directing an
  4 11 employer to take all actions necessary to enroll an obligor's
  4 12 dependent for coverage under a health benefit plan or may
  4 13 include the provisions in an ex parte income withholding order
  4 14 or notice of income withholding pursuant to chapter 252D.  The
  4 15 child support recovery unit, where appropriate, shall issue a
  4 16 national medical support notice to an employer within two
  4 17 business days after the date information regarding a newly
  4 18 hired employee is entered into the centralized employee
  4 19 registry and matched with a noncustodial parent in the case
  4 20 being enforced by the unit.  The department may amend the
  4 21 information in the ex parte order or may amend or terminate
  4 22 the national medical support notice regarding health insurance
  4 23 provisions if necessary to comply with health insurance
  4 24 requirements including but not limited to the provisions of
  4 25 section 252E.2, subsection 2, or to correct a mistake of fact.
  4 26    Sec. 6.  Section 252E.5, subsections 1 and 3, Code 2001,
  4 27 are amended to read as follows:
  4 28    1.  When the order has been forwarded to the obligor's
  4 29 employer pursuant to section 252E.4, the order is binding on
  4 30 the employer and the employer's insurer to the extent that the
  4 31 dependent is eligible to be enrolled in the plan under the
  4 32 applicable terms and conditions of the health benefit plan and
  4 33 the standard enrollment guidelines of the insurer.  The
  4 34 employer shall allow enrollment of the dependent at any time,
  4 35 notwithstanding any enrollment season restrictions.  If a
  5  1 provision of this section conflicts with a provision in the
  5  2 national medical support notice, or in subsection 9, the
  5  3 provision in the notice and subsection 9 shall apply.
  5  4    3.  The employer shall withhold from the employee's
  5  5 compensation, the employee's share, if any, of premiums for
  5  6 the health benefit plan in an amount that does not exceed the
  5  7 amount specified in the national medical support notice or the
  5  8 amount specified in 15 U.S.C. } 1673(b) and which is
  5  9 consistent with federal law.  The employer shall forward the
  5 10 amount withheld to the insurer.
  5 11    Sec. 7.  Section 252E.5, Code 2001, is amended by adding
  5 12 the following new subsection:
  5 13    NEW SUBSECTION.  9.  If the department issues a national
  5 14 medical support notice to an employer or plan administrator,
  5 15 all of the following shall apply:
  5 16    a.  The employer and plan administrator shall comply with
  5 17 the provisions in the notice.
  5 18    b.  The employer and the plan administrator shall treat the
  5 19 notice as an application by the department for health benefit
  5 20 plan coverage for the dependent to the extent such application
  5 21 is required by the health benefit plan.
  5 22    c.  If the obligor named in the notice is not an employee
  5 23 of the employer, or if a health benefit plan is not offered or
  5 24 available to the employee, the employer shall notify the
  5 25 department, as provided in the notice, within twenty business
  5 26 days after the date of the notice.
  5 27    d.  If a health benefit plan is offered or available to the
  5 28 employee, the employer shall send the plan administrator's
  5 29 portion of the notice to each appropriate plan administrator
  5 30 within twenty business days after the date of the notice.
  5 31    e.  Upon notification from the plan administrator that the
  5 32 dependent is enrolled, the employer shall either withhold and
  5 33 forward the premiums as provided in subsection 3, or shall
  5 34 notify the department that the enrollment cannot be completed
  5 35 due to limits established for withholding as provided in
  6  1 subsection 3.
  6  2    f.  If the plan administrator notifies the employer that
  6  3 the obligor is subject to a waiting period that expires more
  6  4 than ninety days from the date of receipt of the notice by the
  6  5 plan administrator or that the obligor is subject to a waiting
  6  6 period that is measured in a manner other than the passage of
  6  7 time, the employer shall notify the plan administrator when
  6  8 the obligor becomes eligible to enroll in the plan and that
  6  9 the notice requires enrollment in the plan of the dependent
  6 10 named in the notice.
  6 11    g.  The plan administrator shall enroll the dependent, and
  6 12 if necessary to enrollment of the dependent shall also enroll
  6 13 the obligor, in the plan selected in accordance with this
  6 14 paragraph.  All of the following shall apply to the selection
  6 15 of the plan:
  6 16    (1)  If the obligor is enrolled in a health benefit plan
  6 17 that offers dependent coverage, that plan shall be selected.
  6 18    (2)  If the obligor is not enrolled in a plan or is not
  6 19 enrolled in a plan that offers dependent coverage, and if only
  6 20 one plan with dependent coverage is offered by the employer,
  6 21 that plan shall be selected.
  6 22    (3)  If the obligor is not enrolled in a health benefit
  6 23 plan or is not enrolled in a health benefit plan that offers
  6 24 dependent coverage, if more than one plan with dependent
  6 25 coverage is offered by the employer, and if the notice is
  6 26 issued by the child support recovery unit, all of the
  6 27 following shall apply:
  6 28    (a)  If only one of the plans is accessible to the
  6 29 dependent, that plan shall be selected.  If none of the plans
  6 30 with dependent coverage is accessible to the dependent, the
  6 31 unit shall amend or terminate the notice.
  6 32    (b)  If more than one of the plans is accessible to the
  6 33 dependent, the plan selected shall be the plan that provides
  6 34 basic coverage for which the employee's share of the premium
  6 35 is lowest.
  7  1    (c)  If more than one of the plans is accessible to the
  7  2 dependent but none of the accessible plans provides basic
  7  3 coverage, the plan selected shall be a plan that is accessible
  7  4 and for which the employee's share of the premium is lowest.
  7  5    (d)  If the employee's share of the premiums is the same
  7  6 under all plans described in subparagraphs (b) or (c), the
  7  7 unit shall attempt to consult with the obligee when selecting
  7  8 the plan.  If the obligee does not respond within ten days of
  7  9 the unit's attempt, the unit shall select a plan which shall
  7 10 be the plan's default option, if any, or the plan with the
  7 11 lowest deductibles and copayment requirements.
  7 12    (4)  If the obligor is not enrolled in a health benefit
  7 13 plan or is not enrolled in a health benefit plan that offers
  7 14 dependent coverage, if more than one plan with dependent
  7 15 coverage is offered by the employer, and if the notice is
  7 16 issued by the child support enforcement agency of another
  7 17 state, that agency shall select the plan as provided in
  7 18 paragraph "h", subparagraph (3).
  7 19    h.  Within forty business days after the date of the
  7 20 notice, the plan administrator shall do all of the following
  7 21 as directed by the notice:
  7 22    (1)  Complete the appropriate portion of the notice and
  7 23 return the portion to the department.
  7 24    (2)  If the dependent is or is to be enrolled, notify the
  7 25 obligor, the obligee, and the child and furnish the obligee
  7 26 with necessary information.  Provide the child support
  7 27 recovery unit with the type of health benefit plan under which
  7 28 the dependent has been enrolled, including whether dental,
  7 29 optical, office visits, and prescription drugs are covered
  7 30 services.
  7 31    (3)  If more than one health benefit plan is available to
  7 32 the obligor and the obligor is not enrolled, forward plan
  7 33 descriptions and documents to the department and enroll the
  7 34 dependent, and if necessary the obligor, in the plan selected
  7 35 by the department or in any default option if the plan
  8  1 administrator has not received a selection from the department
  8  2 within twenty business days of the date the plan administrator
  8  3 returned the national medical support notice response to the
  8  4 department.
  8  5    (4)  If the obligor is subject to a waiting period that
  8  6 expires more than ninety days from the date of receipt of the
  8  7 notice by the plan administrator or if the obligor has not
  8  8 completed a waiting period that is measured in a manner other
  8  9 than the passage of time, notify the employer, the department,
  8 10 the obligor, and the obligee.  Upon satisfaction of the period
  8 11 or requirement, complete the enrollment.
  8 12    (5)  Upon completion of the enrollment, notify the employer
  8 13 for a determination of whether the necessary employee share of
  8 14 the premium is available.
  8 15    (6)  If the plan administrator is subject to the federal
  8 16 Employee Retirement Income Security Act, as codified in 29
  8 17 U.S.C. } 1169, or is subject to the federal Child Support
  8 18 Performance and Incentive Act of 1998, Pub. L. No. 105-200, }
  8 19 401, subsection (e) or (f) and the plan administrator
  8 20 determines the notice does not constitute a qualified medical
  8 21 child support order, complete and send the response to the
  8 22 department and notify the obligor, the obligee, and the child
  8 23 of the specific reason for the determination.
  8 24    Sec. 8.  Section 252E.6, subsection 2, Code 2001, is
  8 25 amended to read as follows:
  8 26    2.  For cases for which services are being provided
  8 27 pursuant to chapter 252B, the department shall notify the
  8 28 employer when there is no longer a current order for medical
  8 29 support in effect for which the department is responsible.
  8 30 However, termination of an obligee's medical support ordered
  8 31 pursuant to section 252E.3 shall be governed by the insurer's
  8 32 health benefit plan provisions for termination and by
  8 33 applicable federal law.
  8 34    Sec. 9.  Section 252E.6A, Code 2001, is amended to read as
  8 35 follows:
  9  1    252E.6A  MOTION TO QUASH.
  9  2    1.  An obligor may move to quash the order to the employer
  9  3 under section 252E.4 by following the same procedures and
  9  4 alleging a mistake of a fact as provided in section 252D.31 or
  9  5 as provided in subsection 2.  If the unit is enforcing an
  9  6 income withholding order and a medical support order
  9  7 simultaneously, any challenge to the income withholding order
  9  8 and medical support enforcement shall be filed and heard
  9  9 simultaneously.
  9 10    2.  The obligor may allege as a mistake of fact an error in
  9 11 the availability of dependent coverage under the health
  9 12 benefit plan because the coverage is not accessible to the
  9 13 dependent.  Even if the plan is not accessible as defined in
  9 14 section 252E.1, the court may determine that the plan is
  9 15 substantially accessible if the obligee demonstrates that the
  9 16 dependent may receive a benefit under the plan.  Section
  9 17 252K.316 relating to evidence and procedure shall apply to the
  9 18 court proceeding.
  9 19    2. 3.  The employer shall comply with the requirements of
  9 20 this chapter until the employer receives notice that a motion
  9 21 to quash has been granted, or that the unit has amended or
  9 22 terminated the national medical support notice.
  9 23    Sec. 10.  Section 252H.2, subsection 12, Code 2001, is
  9 24 amended to read as follows:
  9 25    12.  "State" means "state" as defined in section 252A.2
  9 26 252K.101.
  9 27    Sec. 11.  Section 252H.3, subsection 1, Code 2001, is
  9 28 amended to read as follows:
  9 29    1.  Any action initiated under this chapter, including any
  9 30 court hearing resulting from an action, shall be limited in
  9 31 scope to the adjustment or modification of the child or
  9 32 medical support or cost-of-living alteration of the child
  9 33 support provisions of a support order.  A determination of a
  9 34 controlling order is within the scope of this chapter.  If the
  9 35 social security disability provisions of sections 598.22 and
 10  1 598.22C apply, a determination of the amount of delinquent
 10  2 support due is within the scope of this chapter.
 10  3    Sec. 12.  Section 252H.8, subsection 4, paragraph g, Code
 10  4 2001, is amended to read as follows:
 10  5    g.  Copies of any computation worksheet prepared by the
 10  6 unit to determine the amount of support calculated using the
 10  7 mandatory child support guidelines established under section
 10  8 598.21, subsection 4, and, if appropriate and the social
 10  9 security disability provisions of sections 598.22 and 598.22C
 10 10 apply, a determination of the amount of delinquent support
 10 11 due.
 10 12    Sec. 13.  Section 252H.9, subsection 3, Code 2001, is
 10 13 amended by adding the following new paragraph:
 10 14    NEW PARAGRAPH.  h.  If applicable, the amount of delinquent
 10 15 support due based upon the receipt of social security
 10 16 disability payments as provided in sections 598.22 and
 10 17 598.22C.
 10 18    Sec. 14.  Section 252H.16, subsection 1, Code 2001, is
 10 19 amended to read as follows:
 10 20    1.  The unit shall conduct the review and determine whether
 10 21 an adjustment is appropriate.  As necessary, the unit shall
 10 22 make a determination of the controlling order or the amount of
 10 23 delinquent support due based upon the receipt of social
 10 24 security disability payments as provided in sections 598.22
 10 25 and 598.22C.
 10 26    Sec. 15.  Section 252H.22, Code 2001, is amended by adding
 10 27 the following new subsection:
 10 28    NEW SUBSECTION.  6.  The support order is not subject to
 10 29 the social security disability provisions pursuant to sections
 10 30 598.22 and 598.22C.
 10 31    Sec. 16.  Section 598.21, subsection 4, Code Supplement
 10 32 2001, is amended by adding the following new paragraph:
 10 33    NEW PARAGRAPH.  f.  For the purposes of including a child's
 10 34 dependent benefit in calculating a support obligation under
 10 35 this section for a child whose parent has been awarded
 11  1 disability benefits under the federal Social Security Act, the
 11  2 provisions of section 598.22C shall apply.
 11  3    Sec. 17.  Section 598.22, unnumbered paragraph 1, Code
 11  4 2001, is amended to read as follows:
 11  5    Except as otherwise provided in section 598.22A, this
 11  6 section applies to all initial or modified orders for support
 11  7 entered under this chapter, chapter 234, 252A, 252C, 252F,
 11  8 600B, or any other chapter of the Code.  All orders or
 11  9 judgments entered under chapter 234, 252A, 252C, 252F, or
 11 10 600B, or under this chapter or any other chapter which provide
 11 11 for temporary or permanent support payments shall direct the
 11 12 payment of those sums to the clerk of the district court or
 11 13 the collection services center in accordance with section
 11 14 252B.14 for the use of the person for whom the payments have
 11 15 been awarded.  Beginning October 1, 1999, all income
 11 16 withholding payments shall be directed to the collection
 11 17 services center.  Payments to persons other than the clerk of
 11 18 the district court and the collection services center do not
 11 19 satisfy the support obligations created by the orders or
 11 20 judgments, except as provided for trusts governed by the
 11 21 federal Retirement Equity Act of 1984, Pub. L. No. 98-397, for
 11 22 tax refunds or rebates in section 602.8102, subsection 47, or
 11 23 for dependent benefits paid to the child support obligee as
 11 24 the result of disability benefits awarded to the child support
 11 25 obligor under the federal Social Security Act.  For trusts
 11 26 governed by the federal Retirement Equity Act of 1984, Pub. L.
 11 27 No. 98-397, the order for income withholding or notice of the
 11 28 order for income withholding shall require the payment of such
 11 29 sums to the alternate payee in accordance with the federal
 11 30 Act.  For dependent benefits paid to the child support obligee
 11 31 as a result of disability benefits awarded to the child
 11 32 support obligor under the federal Social Security Act, the
 11 33 provisions of section 598.22C shall apply.
 11 34    Sec. 18.  NEW SECTION.  598.22C  CHILD SUPPORT – SOCIAL
 11 35 SECURITY DISABILITY DEPENDENT BENEFITS.
 12  1    If dependent benefits are paid for a child as a result of
 12  2 disability benefits awarded to the child's parent under the
 12  3 federal Social Security Act, all of the following shall apply:
 12  4    1.  Unless the court otherwise provides, dependent benefits
 12  5 paid to the child support obligee as a result of disability
 12  6 benefits awarded to the child support obligor fully satisfy
 12  7 and substitute for the support obligations for the same period
 12  8 of time for which the benefits are awarded.
 12  9    2.  For the purposes of calculating a support obligation
 12 10 under section 598.21, subsection 4, the dependent benefits
 12 11 paid for any child shall be included as income to the disabled
 12 12 parent.
 12 13    3.  a.  Any order or judgment for support for a child for
 12 14 whom social security disability benefits are paid to the child
 12 15 support obligee as a result of disability benefits awarded to
 12 16 the child support obligor shall include all of the following:
 12 17    (1)  The dollar amount of the child support obligation as
 12 18 calculated by application of the guidelines under section
 12 19 598.21, subsection 4, and a statement that the social security
 12 20 dependent benefits are included as income to the obligor in
 12 21 that calculation.
 12 22    (2)  The dollar amount of the social security dependent
 12 23 benefits paid to the obligee which shall be dollar-for-dollar
 12 24 satisfaction of the obligor's child support obligation.
 12 25    (3)  The dollar amount, if any, the obligor shall pay after
 12 26 application of the social security dependent benefits as a
 12 27 credit to or dollar-for-dollar satisfaction of the child
 12 28 support obligation.
 12 29    b.  The amount of the child support obligation stated in
 12 30 the order, and the amount the obligor shall pay after
 12 31 application of the social security disability dependent
 12 32 benefit credit or satisfaction stated in the order, shall
 12 33 continue until modified, as provided in section 598.21.
 12 34    4.  The amount of any child support obligation satisfied
 12 35 under this section based upon the receipt of dependent
 13  1 benefits paid to the child support obligee as a result of
 13  2 disability benefits awarded to the child support obligor shall
 13  3 not be considered delinquent.  
 13  4                           EXPLANATION
 13  5    This bill makes changes in the law relating to child
 13  6 support including those relating to medical support and the
 13  7 calculation of the child support amount relative to receipt by
 13  8 a parent of federal social security disability benefits.
 13  9    The bill amends Code chapter 252E, relating to medical
 13 10 support, to reflect federal requirements for use of a national
 13 11 medical support notice.  The bill provides definitions,
 13 12 provides directives to employers and to health benefit plan
 13 13 administrators in complying with the medical support notice,
 13 14 and provides criteria and a procedure to be used in the
 13 15 selection of a health benefit plan in order to comply with the
 13 16 medical support notice.  The bill also makes conforming
 13 17 changes in Code chapter 252D, relating to income withholding,
 13 18 to reflect the changes relating to the medical support notice.
 13 19    The bill also amends Code chapter 252H, relating to the
 13 20 adjustment and modification of support orders, and Code
 13 21 chapter 598, relating to dissolution of marriage and domestic
 13 22 relations, to reflect the decision of the Iowa Supreme Court
 13 23 in In re Marriage of Hilmo, 623 N.W.2d 809, relating to the
 13 24 effect of receipt of social security disability (SSD) payments
 13 25 on the calculation of the child support amount owed and
 13 26 payment of the obligation.  In Hilmo, the court held that if a
 13 27 child receives SSD benefits as the result of a parent's
 13 28 disability, the payment amount is to be included as income to
 13 29 the parent when calculating the amount of child support.
 13 30 After calculating the amount of child support, if the disabled
 13 31 parent is the obligor, the obligor's support obligation is
 13 32 then to be credited, dollar for dollar, in the amount of the
 13 33 SSD payment made to the dependent, with any remaining
 13 34 obligation amount to be paid by the obligor.  Currently, if a
 13 35 child receives SSD benefits as the result of the obligor's
 14  1 disability, notwithstanding the amount of the child support
 14  2 obligation calculated under the child support guidelines, the
 14  3 SSD payment to the dependent is considered payment in full of
 14  4 the obligation.
 14  5    The bill amends Code chapter 252H to allow for a
 14  6 determination of the amount of delinquent support due as part
 14  7 of an administrative adjustment or modification of a support
 14  8 order if the order involves receipt of SSD payments.  The bill
 14  9 amends Code chapter 598 to provide that unless the court
 14 10 otherwise provides, dependent benefits paid to a child support
 14 11 obligee as a result of SSD benefits awarded to an obligor are
 14 12 to fully satisfy and substitute for the support obligation for
 14 13 the same period of time for which benefits are awarded.  The
 14 14 bill also provides that the SSD dependent benefit payment
 14 15 amount is to be included as income to the disabled parent when
 14 16 calculating the child support obligation amount.  Under the
 14 17 bill, an order or judgment for support for a child for whom
 14 18 SSD dependent benefit payments are paid to the child support
 14 19 obligee is to include all of the following:  a statement of
 14 20 the dollar amount of the child support obligation as
 14 21 calculated under the child support guidelines and that the SSD
 14 22 dependent benefit payment amount was included as income to the
 14 23 obligor in calculation of the child support obligation amount;
 14 24 the dollar amount of the SSD dependent benefit payment made to
 14 25 the obligee which is to satisfy the obligation amount on a
 14 26 dollar-for-dollar basis; and the dollar amount, if any, that
 14 27 the obligor is to pay following application of the SSD
 14 28 dependent benefit payment amount to the obligation amount.
 14 29 The bill also provides that the amount of the child support
 14 30 obligation satisfied by the application of the SSD dependent
 14 31 benefit payment to the obligation amount is not to be
 14 32 considered delinquent.
 14 33    The bill makes a technical correction relating to a
 14 34 definitional reference to the word "state" in Code section
 14 35 252H.2.  
 15  1 LSB 5265DP 79
 15  2 pf/cls/14.2
     

Text: SSB03104                          Text: SSB03106
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Last update: Thu Feb 7 03:30:43 CST 2002
URL: /DOCS/GA/79GA/Legislation/SSB/03100/SSB03105/020206.html
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