Text: HF00475                           Text: HF00477
Text: HF00400 - HF00499                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 476

Partial Bill History

Bill Introduced: H.J. 528
Complete Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 598.14A, Code 2003, is amended to read
  1  2 as follows:
  1  3    598.14A  RETROACTIVE MODIFICATION OF TEMPORARY SUPPORT
  1  4 ORDER.
  1  5    An order for temporary support may be retroactively
  1  6 modified only from three months after notice of hearing for
  1  7 temporary support pursuant to section 598.11 or from three
  1  8 months after notice of hearing for modification of a temporary
  1  9 order for support pursuant to section 598.14, unless the court
  1 10 finds that the modification should retroactively be applied to
  1 11 the date the notice is served on the opposing party, due to a
  1 12 substantial change in circumstances.  The three-month
  1 13 limitation applies to modification actions pending on or after
  1 14 July 1, 1997.
  1 15    Sec. 2.  Section 598.21, subsection 8, unnumbered paragraph
  1 16 3, Code 2003, is amended to read as follows:
  1 17    Judgments for child support or child support awards entered
  1 18 pursuant to this chapter, chapter 234, 252A, 252C, 252F, 600B,
  1 19 or any other chapter of the Code which are subject to a
  1 20 modification proceeding may be retroactively modified only
  1 21 from three months after the date the notice of the pending
  1 22 petition for modification is served on the opposing party,
  1 23 unless the court finds that the modification should
  1 24 retroactively be applied to the date the notice is served on
  1 25 the opposing party, due to a substantial change in
  1 26 circumstances.  The three-month limitation applies to a
  1 27 modification action pending on or after July 1, 1997.  The
  1 28 prohibition of retroactive modification does not bar the child
  1 29 support recovery unit from obtaining orders for accrued
  1 30 support for previous time periods.  Any retroactive
  1 31 modification which increases the amount of child support or
  1 32 any order for accrued support under this paragraph shall
  1 33 include a periodic payment plan.  A retroactive modification
  1 34 shall not be regarded as a delinquency unless there are
  1 35 subsequent failures to make payments in accordance with the
  2  1 periodic payment plan.  
  2  2                           EXPLANATION 
  2  3    This bill provides that modification of a child support
  2  4 judgment or order may be retroactively applied only to three
  2  5 months after the date of the notice of hearing or notice of
  2  6 the pending petition, unless the court finds that the
  2  7 modification should retroactively be applied to the date the
  2  8 notice is served on the opposing party, due to a substantial
  2  9 change in circumstances.  Under current law, a modification
  2 10 may be retroactively applied only to three months after the
  2 11 date of notice.  
  2 12 LSB 2696YH 80
  2 13 pf/cl/14

Text: HF00475                           Text: HF00477
Text: HF00400 - HF00499                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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