Senate File 510 H-1373 Amend the amendment, H-1365, to Senate File 510, 1 as amended, passed, and reprinted by the Senate, as 2 follows: 3 1. Page 31, after line 31 by inserting: 4 < DIVISION ___ 5 UNIFORM INTERSTATE FAMILY SUPPORT ACT 6 Sec. ___. NEW SECTION . 252K.100 Title. 7 This chapter shall be known and may be cited as the 8 “Uniform Interstate Family Support Act” . 9 Sec. ___. Section 252K.101, Code 2015, is amended 10 to read as follows: 11 252K.101 Definitions. 12 In this chapter : 13 1. “Child” means an individual, whether over or 14 under the age of majority, who is or is alleged to be 15 owed a duty of support by the individual’s parent or 16 who is or is alleged to be the beneficiary of a support 17 order directed to the parent. 18 2. “Child support order” means a support order for 19 a child, including a child who has attained the age of 20 majority under the law of the issuing state or foreign 21 country . 22 3. “Convention” means the convention on the 23 international recovery of child support and other 24 forms of family maintenance, concluded at the Hague on 25 November 23, 2007. 26 3. 4. “Duty of support” means an obligation 27 imposed or imposable by law to provide support for 28 a child, spouse, or former spouse, including an 29 unsatisfied obligation to provide support. 30 5. “Foreign country” means a country, including a 31 political subdivision thereof, other than the United 32 States, that authorizes the issuance of support orders 33 and which meets any of the following conditions: 34 a. Has been declared under the law of the United 35 States to be a foreign reciprocating country. 36 b. Has established a reciprocal arrangement for 37 child support with this state as provided in section 38 252K.308. 39 c. Has enacted a law or established procedures for 40 the issuance and enforcement of support orders which 41 are substantially similar to the procedures under this 42 chapter. 43 d. In which the convention is in force with respect 44 to the United States. 45 6. “Foreign support order” means a support order of 46 a foreign tribunal. 47 7. “Foreign tribunal” means a court, administrative 48 agency, or quasi-judicial entity of a foreign country 49 which is authorized to establish, enforce, or modify 50 -1- H1365.2078 (2) 86 pf/tm 1/ 64 #1.
support orders or to determine parentage of a child. 1 The term includes a competent authority under the 2 convention. 3 4. 8. “Home state” means the state or foreign 4 country in which a child lived with a parent or a 5 person acting as parent for at least six consecutive 6 months immediately preceding the time of filing of a 7 petition or comparable pleading for support and, if a 8 child is less than six months old, the state or foreign 9 country in which the child lived from birth with any of 10 them. A period of temporary absence of any of them is 11 counted as part of the six-month or other period. 12 5. 9. “Income” includes earnings or other periodic 13 entitlements to money from any source and any other 14 property subject to withholding for support under the 15 law of this state. 16 6. 10. “Income withholding order” means an order or 17 other legal process directed to an obligor’s employer 18 or other payor of income, as defined by the income 19 withholding law of this state, to withhold support from 20 the income of the obligor. 21 7. “Initiating state” means a state from which a 22 proceeding is forwarded or in which a proceeding is 23 filed for forwarding to a responding state under this 24 chapter or a law or procedure substantially similar 25 to this chapter , the Uniform Reciprocal Enforcement 26 of Support Act, or the Revised Uniform Reciprocal 27 Enforcement of Support Act. 28 8. 11. “Initiating tribunal” means the authorized 29 tribunal in an initiating of a state or foreign 30 country from which a petition or comparable pleading is 31 forwarded or in which a petition or comparable pleading 32 is filed or forwarded to another state or foreign 33 country . 34 12. “Issuing foreign country” means the foreign 35 country in which a tribunal issues a support order or a 36 judgment determining parentage of a child. 37 9. 13. “Issuing state” means the state in which a 38 tribunal issues a support order or renders a judgment 39 determining parentage of a child . 40 10. 14. “Issuing tribunal” means the tribunal of a 41 state or foreign country that issues a support order or 42 renders a judgment determining parentage of a child . 43 11. 15. “Law” includes decisional and statutory 44 law and rules and regulations having the force of law. 45 12. 16. “Obligee” means any of the following: 46 a. An individual to whom a duty of support is or is 47 alleged to be owed or in whose favor a support order 48 has been issued or a judgment determining parentage of 49 a child has been rendered issued . 50 -2- H1365.2078 (2) 86 pf/tm 2/ 64
b. A foreign country, state or political 1 subdivision of a state to which the rights under a duty 2 of support or support order have been assigned or which 3 has independent claims based on financial assistance 4 provided to an individual obligee in place of child 5 support . 6 c. An individual seeking a judgment determining 7 parentage of the individual’s child. 8 d. A person that is a creditor in a proceeding 9 under Article 7. 10 13. 17. “Obligor” means an individual, or the 11 estate of a decedent, to which any of the following 12 applies: 13 a. Who owes or is alleged to owe a duty of support. 14 b. Who is alleged but has not been adjudicated to 15 be a parent of a child. 16 c. Who is liable under a support order. 17 d. Who is a debtor in a proceeding under Article 7. 18 18. “Outside this state” means a location in another 19 state or a country other than the United States, 20 whether or not the country is a foreign country. 21 19. “Person” means an individual, corporation, 22 business trust, estate, trust, partnership, limited 23 liability company, association, joint venture, public 24 corporation, government or governmental subdivision, 25 agency, or instrumentality, or any other legal or 26 commercial entity. 27 20. “Record” means information that is inscribed on 28 a tangible medium or that is stored in an electronic or 29 other medium and is retrievable in perceivable form. 30 14. 21. “Register” means to file in a tribunal 31 of this state a support order or judgment determining 32 parentage of a child issued in the appropriate location 33 for the filing of foreign judgments another state or 34 foreign country . 35 15. 22. “Registering tribunal” means a tribunal in 36 which a support order or judgment determining parentage 37 of a child is registered. 38 16. 23. “Responding state” means a state in which a 39 proceeding petition or comparable pleading for support 40 or to determine parentage of a child is filed or to 41 which a proceeding petition or comparable pleading is 42 forwarded for filing from an initiating another state 43 under this chapter or a law or procedure substantially 44 similar to this chapter , the Uniform Reciprocal 45 Enforcement of Support Act, or the Revised Uniform 46 Reciprocal Enforcement of Support Act or foreign 47 country . 48 17. 24. “Responding tribunal” means the authorized 49 tribunal in a responding state or foreign country . 50 -3- H1365.2078 (2) 86 pf/tm 3/ 64
18. 25. “Spousal support order” means a support 1 order for a spouse or former spouse of the obligor. 2 19. 26. “State” means a state of the United 3 States, the District of Columbia, Puerto Rico, the 4 United States Virgin Islands, or any territory or 5 insular possession subject to under the jurisdiction of 6 the United States. The term includes : 7 a. An an Indian nation or tribe. 8 b. A foreign jurisdiction that has enacted a law or 9 established procedures for issuance and enforcement of 10 support orders which are substantially similar to the 11 procedures under this chapter , the Uniform Reciprocal 12 Enforcement of Support Act, or the Revised Uniform 13 Reciprocal Enforcement of Support Act. 14 20. 27. “Support enforcement agency” means a 15 public official , government entity, or private agency 16 authorized to seek do any of the following: 17 a. Enforcement Seek enforcement of support orders 18 or laws relating to the duty of support. 19 b. Establishment Seek establishment or modification 20 of child support. 21 c. Determination Request determination of parentage 22 of a child . 23 d. Location of Attempt to locate obligors or their 24 assets. 25 e. Request determination of the controlling child 26 support order. 27 21. 28. “Support order” means a judgment, decree, 28 or order, decision, or directive, whether temporary, 29 final, or subject to modification, issued in a state 30 or foreign country for the benefit of a child, a 31 spouse, or a former spouse, which provides for monetary 32 support, health care, arrearages, retroactive support, 33 or reimbursement , and for financial assistance provided 34 to an individual obligee in place of child support. 35 The term may include related costs and fees, interest, 36 income withholding, automatic adjustment, reasonable 37 attorney’s fees, and other relief. 38 22. 29. “Tribunal” means a court, administrative 39 agency, or quasi-judicial entity authorized to 40 establish, enforce, or modify support orders or to 41 determine parentage of a child . 42 Sec. ___. Section 252K.102, Code 2015, is amended 43 to read as follows: 44 252K.102 Tribunals of this state State tribunal and 45 support enforcement agency . 46 1. The child support recovery unit when the unit 47 establishes or modifies an order, upon ratification by 48 the court, and the court, are the tribunals of this 49 state. 50 -4- H1365.2078 (2) 86 pf/tm 4/ 64
2. The child support recovery unit is the support 1 enforcement agency of this state. 2 Sec. ___. Section 252K.103, Code 2015, is amended 3 to read as follows: 4 252K.103 Remedies cumulative. 5 1. Remedies provided by this chapter are cumulative 6 and do not affect the availability of remedies under 7 other law or the recognition of a foreign support order 8 on the basis of comity . 9 2. This chapter does not do either of the 10 following: 11 a. Provide the exclusive method of establishing or 12 enforcing a support order under the law of this state. 13 b. Grant a tribunal of this state jurisdiction to 14 render judgment or issue an order relating to child 15 custody or visitation in a proceeding under this 16 chapter. 17 Sec. ___. NEW SECTION . 252K.104 Application of 18 chapter to resident of foreign country and foreign 19 support proceeding. 20 1. A tribunal of this state shall apply Articles 1 21 through 6 and, as applicable, Article 7, to a support 22 proceeding involving any of the following: 23 a. A foreign support order. 24 b. A foreign tribunal. 25 c. An obligee, obligor, or child residing in a 26 foreign country. 27 2. A tribunal of this state that is requested to 28 recognize and enforce a support order on the basis 29 of comity may apply the procedural and substantive 30 provisions of Articles 1 through 6. 31 3. Article 7 applies only to a support proceeding 32 under the convention. In such a proceeding, if a 33 provision of Article 7 is inconsistent with Articles 1 34 through 6, Article 7 controls. 35 Sec. ___. Section 252K.201, Code 2015, is amended 36 to read as follows: 37 252K.201 Bases for jurisdiction over nonresident. 38 1. In a proceeding to establish , or enforce , or 39 modify a support order or to determine parentage of a 40 child , a tribunal of this state may exercise personal 41 jurisdiction over a nonresident individual or the 42 individual’s guardian or conservator if any of the 43 following applies: 44 1. a. The individual is personally served with 45 notice within this state. 46 2. b. The individual submits to the jurisdiction 47 of this state by consent in a record , by entering a 48 general appearance, or by filing a responsive document 49 having the effect of waiving any contest to personal 50 -5- H1365.2078 (2) 86 pf/tm 5/ 64
jurisdiction. 1 3. c. The individual resided with the child in 2 this state. 3 4. d. The individual resided in this state and 4 provided prenatal expenses or support for the child. 5 5. e. The child resides in this state as a result 6 of the acts or directives of the individual. 7 6. f. The individual engaged in sexual intercourse 8 in this state and the child may have been conceived by 9 that act of intercourse. 10 7. g. The individual asserted parentage of a child 11 in the declaration of paternity registry maintained 12 in this state by the Iowa department of public health 13 pursuant to section 144.12A or established paternity by 14 affidavit under section 252A.3A . 15 8. h. There is any other basis consistent with the 16 constitutions of this state and the United States for 17 the exercise of personal jurisdiction. 18 2. The bases of personal jurisdiction set forth 19 in subsection 1 or in any other law of this state may 20 not be used to acquire personal jurisdiction for a 21 tribunal of this state to modify a child support order 22 of another state unless the requirements of section 23 252K.611 are met, or, in the case of a foreign support 24 order, unless the requirements of section 252K.615 are 25 met. 26 Sec. ___. Section 252K.202, Code 2015, is amended 27 to read as follows: 28 252K.202 Procedure when exercising Duration of 29 personal jurisdiction over nonresident . 30 A Personal jurisdiction acquired by a tribunal 31 of this state exercising personal jurisdiction 32 over a nonresident under section 252K.201 may apply 33 section 252K.316 to receive evidence from another 34 in a proceeding under this chapter or other law of 35 this state , and section 252K.318 to obtain discovery 36 through relating to a support order continues as long 37 as a tribunal of another this state has continuing, 38 exclusive jurisdiction to modify its order or 39 continuing jurisdiction to enforce its order as 40 provided in sections 252K.205, 252K.206, and 252K.211 . 41 In all other respects, articles 3 through 7 do not 42 apply and the tribunal shall apply the procedural and 43 substantive law of this state, including the rules on 44 choice of law other than those established by this 45 chapter . 46 Sec. ___. Section 252K.203, Code 2015, is amended 47 to read as follows: 48 252K.203 Initiating and responding tribunal of this 49 state. 50 -6- H1365.2078 (2) 86 pf/tm 6/ 64
Under this chapter , a tribunal of this state may 1 serve as an initiating tribunal to forward proceedings 2 to a tribunal of another state , and as a responding 3 tribunal for proceedings initiated in another state or 4 foreign country . 5 Sec. ___. Section 252K.204, Code 2015, is amended 6 to read as follows: 7 252K.204 Simultaneous proceedings in another state . 8 1. A tribunal of this state may exercise 9 jurisdiction to establish a support order if the 10 petition or comparable pleading is filed after a 11 pleading is filed in another state or a foreign country 12 only if all of the following apply: 13 a. The petition or comparable pleading in this 14 state is filed before the expiration of the time 15 allowed in the other state or the foreign country for 16 filing a responsive pleading challenging the exercise 17 of jurisdiction by the other state or the foreign 18 country . 19 b. The contesting party timely challenges the 20 exercise of jurisdiction in the other state or the 21 foreign country . 22 c. If relevant, this state is the home state of the 23 child. 24 2. A tribunal of this state may not exercise 25 jurisdiction to establish a support order if the 26 petition or comparable pleading is filed before a 27 petition or comparable pleading is filed in another 28 state or a foreign country if all of the following 29 apply: 30 a. The petition or comparable pleading in the 31 other state or foreign country is filed before the 32 expiration of the time allowed in this state for filing 33 a responsive pleading challenging the exercise of 34 jurisdiction by this state. 35 b. The contesting party timely challenges the 36 exercise of jurisdiction in this state. 37 c. If relevant, the other state or foreign country 38 is the home state of the child. 39 Sec. ___. Section 252K.205, Code 2015, is amended 40 to read as follows: 41 252K.205 Continuing, exclusive jurisdiction to 42 modify child support order . 43 1. A tribunal of this state issuing that has issued 44 a child support order consistent with the law of this 45 state has and shall exercise continuing, exclusive 46 jurisdiction over a to modify its child support order 47 if the order is controlling and any of the following 48 applies: 49 a. As long as At the time of the filing of a 50 -7- H1365.2078 (2) 86 pf/tm 7/ 64
request for modification this state remains is the 1 residence of the obligor, the individual obligee, 2 or the child for whose benefit the support order is 3 issued. 4 b. Until all of the parties who are individuals 5 have filed written consents with the tribunal of 6 Even if this state for a is not the residence of the 7 obligor, the individual obligee, or the child for whose 8 benefit the order is issued, the parties consent in a 9 record or in open court that the tribunal of another 10 this state may continue to exercise jurisdiction to 11 modify the its order and assume continuing, exclusive 12 jurisdiction . 13 2. A tribunal of this state issuing that has issued 14 a child support order consistent with the law of 15 this state may not exercise its continuing , exclusive 16 jurisdiction to modify the order if the order has been 17 modified by a tribunal of another state pursuant to 18 this chapter or a law substantially similar to this 19 chapter . any of the following applies: 20 a. All of the parties who are individuals file 21 consent in a record with the tribunal of this state 22 that a tribunal of another state that has jurisdiction 23 over at least one of the parties who is an individual 24 or that is located in the state of residence of the 25 child may modify the order and assume continuing, 26 exclusive jurisdiction. 27 b. Its order is not the controlling order. 28 3. If a child support order of this state is 29 modified by a tribunal of another state has issued a 30 child support order pursuant to this chapter 31 the uniform interstate family support Act or a law 32 substantially similar to this chapter , that Act which 33 modifies a child support order of a tribunal of 34 this state loses its , tribunals of this state shall 35 recognize the continuing, exclusive jurisdiction with 36 regard to prospective enforcement of the order issued 37 in this of the tribunal of the other state , and may 38 only: 39 a. Enforce the order that was modified as to 40 amounts accruing before the modification . 41 b. Enforce nonmodifiable aspects of that order. 42 c. Provide other appropriate relief for violations 43 of that order which occurred before the effective date 44 of the modification. 45 4. A tribunal of this state shall recognize the 46 that lacks continuing, exclusive jurisdiction of a to 47 modify a child support order may serve as an initiating 48 tribunal of another state which has issued a child 49 support order pursuant to request a tribunal of another 50 -8- H1365.2078 (2) 86 pf/tm 8/ 64
state to modify a support order issued in this chapter 1 or a law substantially similar to this chapter that 2 state . 3 5. A temporary support order issued ex parte or 4 pending resolution of a jurisdictional conflict does 5 not create continuing, exclusive jurisdiction in the 6 issuing tribunal. 7 6. A tribunal of this state issuing a support order 8 consistent with the law of this state has continuing, 9 exclusive jurisdiction over a spousal support order 10 throughout the existence of the support obligation. A 11 tribunal of this state may not modify a spousal support 12 order issued by a tribunal of another state having 13 continuing, exclusive jurisdiction over that order 14 under the law of that state. 15 Sec. ___. Section 252K.206, Code 2015, is amended 16 to read as follows: 17 252K.206 Enforcement and modification of support 18 order by tribunal having continuing Continuing 19 jurisdiction to enforce child support order . 20 1. A tribunal of this state that has issued a child 21 support order consistent with the law of this state may 22 serve as an initiating tribunal to request a tribunal 23 of another state to enforce or modify a support order 24 issued in that state. any of the following: 25 a. The order if the order is the controlling order 26 and has not been modified by a tribunal of another 27 state that assumed jurisdiction pursuant to the uniform 28 interstate family support Act. 29 b. A money judgment for arrears of support and 30 interest on the order accrued before a determination 31 that an order of a tribunal of another state is the 32 controlling order. 33 2. A tribunal of this state having continuing , 34 exclusive jurisdiction over a support order may act 35 as a responding tribunal to enforce or modify the 36 order. If a party subject to the continuing, exclusive 37 jurisdiction of the tribunal no longer resides in the 38 issuing state, in subsequent proceedings the tribunal 39 may apply section 252K.316 to receive evidence from 40 another state and section 252K.318 to obtain discovery 41 through a tribunal of another state. 42 3. A tribunal of this state which lacks continuing, 43 exclusive jurisdiction over a spousal support order may 44 not serve as a responding tribunal to modify a spousal 45 support order of another state. 46 Sec. ___. Section 252K.207, Code 2015, is amended 47 to read as follows: 48 252K.207 Recognition Determination of controlling 49 child support order. 50 -9- H1365.2078 (2) 86 pf/tm 9/ 64
1. If a proceeding is brought under this chapter 1 and only one tribunal has issued a child support order, 2 the order of that tribunal controls and must be so 3 recognized. 4 2. If a proceeding is brought under this chapter , 5 and two or more child support orders have been issued 6 by tribunals of this state , or another state , or a 7 foreign country with regard to the same obligor and 8 same child, a tribunal of this state having personal 9 jurisdiction over both the obligor and individual 10 obligee shall apply the following rules in determining 11 and by order shall determine which order to recognize 12 for purposes of continuing, exclusive jurisdiction 13 controls and must be recognized : 14 a. If only one of the tribunals would have 15 continuing, exclusive jurisdiction under this chapter , 16 the order of that tribunal controls and must be so 17 recognized . 18 b. If more than one of the tribunals would have 19 continuing, exclusive jurisdiction under this chapter , 20 an order one of the following shall apply: 21 (1) An order issued by a tribunal in the current 22 home state of the child controls . and must be so 23 recognized, but if 24 (2) If an order has not been issued in the current 25 home state of the child, the order most recently issued 26 controls and must be so recognized . 27 c. If none of the tribunals would have continuing, 28 exclusive jurisdiction under this chapter , the tribunal 29 of this state having jurisdiction over the parties 30 shall issue a child support order, which controls and 31 must be so recognized . 32 3. If two or more child support orders have been 33 issued for the same obligor and same child and if 34 the obligor or the individual obligee resides in 35 this state , upon request of a party may request who 36 is an individual or that is a support enforcement 37 agency, a tribunal of this state to having personal 38 jurisdiction over both the obligor and the obligee who 39 is an individual shall determine which order controls 40 and must be so recognized under subsection 2 . The 41 request must may be accompanied by a certified copy of 42 every support order in effect. The requesting party 43 shall give notice of the request to each party whose 44 rights may be affected by the determination filed with 45 a registration for enforcement or registration for 46 modification pursuant to Article 6, or may be filed as 47 a separate proceeding . 48 4. A request to determine which is the controlling 49 order must be accompanied by a copy of every child 50 -10- H1365.2078 (2) 86 pf/tm 10/ 64
support order in effect and the applicable record of 1 payments. The requesting party shall give notice of 2 the request to each party whose rights may be affected 3 by the determination. 4 5. The tribunal that issued the controlling order 5 under subsection 1, 2, or 3 is the tribunal that has 6 continuing , exclusive jurisdiction under to the extent 7 provided in section 252K.205 or 252K.206 . 8 5. 6. A tribunal of this state which that 9 determines by order the identity of which is the 10 controlling order under subsection 2 , paragraph “a” 11 or “b” or subsection 3 , or which that issues a new 12 controlling order under subsection 2 , paragraph “c” , 13 shall state in that order : the 14 a. The basis upon which the tribunal made its 15 determination. 16 b. The amount of prospective support, if any. 17 c. The total amount of consolidated arrears and 18 accrued interest, if any, under all of the orders after 19 all payments made are credited as provided in section 20 252K.209. 21 6. 7. Within thirty days after issuance of 22 an order determining the identity of which is the 23 controlling order, the party obtaining the order shall 24 file a certified copy of it with in each tribunal 25 that issued or registered an earlier order of child 26 support. A party who obtains or support enforcement 27 agency obtaining the order and that fails to file a 28 certified copy is subject to appropriate sanctions by a 29 tribunal in which the issue of failure to file arises. 30 The failure to file does not affect the validity or 31 enforceability of the controlling order. 32 8. An order that has been determined to be the 33 controlling order, or a judgment for consolidated 34 arrears of support and interest, if any, made pursuant 35 to this section must be recognized in proceedings under 36 this chapter. 37 Sec. ___. Section 252K.208, Code 2015, is amended 38 to read as follows: 39 252K.208 Multiple child Child support orders for two 40 or more obligees. 41 In responding to multiple registrations or requests 42 for enforcement of two or more child support orders in 43 effect at the same time with regard to the same obligor 44 and different individual obligees, at least one of 45 which was issued by a tribunal of another state or a 46 foreign country , a tribunal of this state shall enforce 47 those orders in the same manner as if the multiple 48 orders had been issued by a tribunal of this state. 49 Sec. ___. Section 252K.209, Code 2015, is amended 50 -11- H1365.2078 (2) 86 pf/tm 11/ 64
to read as follows: 1 252K.209 Credit for payments. 2 Amounts A tribunal of this state shall credit 3 amounts collected and credited for a particular period 4 pursuant to a any child support order against the 5 amounts owed for the same period under any other child 6 support order for support of the same child issued by a 7 tribunal of this state, another state , must be credited 8 against the amounts accruing or accrued for the same 9 period under a support order issued by the tribunal of 10 this state a foreign country . 11 Sec. ___. NEW SECTION . 252K.210 Application of 12 chapter to nonresident subject to personal jurisdiction. 13 A tribunal of this state exercising personal 14 jurisdiction over a nonresident in a proceeding under 15 this chapter, under other law of this state relating to 16 a support order, or recognizing a foreign support order 17 may receive evidence from outside this state pursuant 18 to section 252K.316, communicate with a tribunal 19 outside this state pursuant to section 252K.317, and 20 obtain discovery through a tribunal outside this state 21 pursuant to section 252K.318. In all other respects, 22 Articles 3 through 6 do not apply, and the tribunal 23 shall apply the procedural and substantive law of this 24 state. 25 Sec. ___. NEW SECTION . 252K.211 Continuing, 26 exclusive jurisdiction to modify spousal support order. 27 1. A tribunal of this state issuing a spousal 28 support order consistent with the law of this state 29 has continuing, exclusive jurisdiction to modify the 30 spousal support order throughout the existence of the 31 support obligation. 32 2. A tribunal of this state may not modify a 33 spousal support order issued by a tribunal of another 34 state or a foreign country having continuing, exclusive 35 jurisdiction over that order under the law of that 36 state or foreign country. 37 3. A tribunal of this state that has continuing, 38 exclusive jurisdiction over a spousal support order may 39 serve as any of the following: 40 a. An initiating tribunal to request a tribunal 41 of another state to enforce the spousal support order 42 issued in this state. 43 b. A responding tribunal to enforce or modify its 44 own spousal support order. 45 Sec. ___. Section 252K.301, Code 2015, is amended 46 to read as follows: 47 252K.301 Proceedings under this chapter . 48 1. Except as otherwise provided in this chapter , 49 this article applies to all proceedings under this 50 -12- H1365.2078 (2) 86 pf/tm 12/ 64
chapter . 1 2. This chapter provides for the following 2 proceedings: 3 a. Establishment of an order for spousal support or 4 child support pursuant to article 4 . 5 b. Enforcement of a support order and income 6 withholding order of another state without registration 7 pursuant to article 5 . 8 c. Registration of an order for spousal support or 9 child support of another state for enforcement pursuant 10 to article 6 . 11 d. Modification of an order for child support or 12 spousal support issued by a tribunal of this state 13 pursuant to article 2, part 2 . 14 e. Registration of an order for child support of 15 another state for modification pursuant to article 6 . 16 f. Determination of parentage pursuant to article 17 7 . 18 g. Assertion of jurisdiction over nonresidents 19 pursuant to article 2, part 1 . 20 3. An individual movant or a support enforcement 21 agency may commence initiate a proceeding authorized 22 under this chapter by filing a petition or a comparable 23 pleading in an initiating tribunal for forwarding to 24 a responding tribunal or by filing a petition or a 25 comparable pleading directly in a tribunal of another 26 state or a foreign country which has or can obtain 27 personal jurisdiction over the respondent or nonmoving 28 party. 29 Sec. ___. Section 252K.302, Code 2015, is amended 30 to read as follows: 31 252K.302 Action Proceeding by minor parent. 32 A minor parent, or a guardian or other legal 33 representative of a minor parent, may maintain a 34 proceeding on behalf of or for the benefit of the 35 minor’s child. 36 Sec. ___. Section 252K.303, Code 2015, is amended 37 to read as follows: 38 252K.303 Application of law of this state. 39 Except as otherwise provided by this chapter , a 40 responding tribunal of this state shall do all of the 41 following: 42 1. Apply the procedural and substantive law , 43 including the rules on choice of law, generally 44 applicable to similar proceedings originating in this 45 state , and may exercise all powers and provide all 46 remedies available in those proceedings. 47 2. Determine the duty of support and the amount 48 payable in accordance with the law and support 49 guidelines of this state. 50 -13- H1365.2078 (2) 86 pf/tm 13/ 64
Sec. ___. Section 252K.304, Code 2015, is amended 1 to read as follows: 2 252K.304 Duties of initiating tribunal. 3 1. Upon the filing of a petition or comparable 4 pleading authorized by this chapter , an initiating 5 tribunal of this state shall forward three copies 6 of the petition or comparable pleading and its 7 accompanying documents: 8 a. To the responding tribunal or appropriate 9 support enforcement agency in the responding state. 10 b. If the identity of the responding tribunal 11 is unknown, to the state information agency of the 12 responding state with a request that they be forwarded 13 to the appropriate tribunal and that receipt be 14 acknowledged. 15 2. If a requested by the responding state has not 16 enacted this law or a law or procedure substantially 17 similar to this chapter , a tribunal , a tribunal of this 18 state may shall issue a certificate or other document 19 and make findings required by the law of the responding 20 state. If the responding state tribunal is in a 21 foreign jurisdiction country , upon request the tribunal 22 may of this state shall specify the amount of support 23 sought , convert that amount into the equivalent amount 24 in the foreign currency under applicable official 25 or market exchange rates as publicly reported, and 26 provide any other documents necessary to satisfy the 27 requirements of the responding state foreign tribunal . 28 Sec. ___. Section 252K.305, Code 2015, is amended 29 to read as follows: 30 252K.305 Duties and powers of responding tribunal. 31 1. When a responding tribunal of this state 32 receives a petition or comparable pleading from an 33 initiating tribunal or directly pursuant to section 34 252K.301, subsection 3 2 , it shall cause the petition 35 or pleading to be filed and notify the movant where and 36 when it was filed. 37 2. A responding tribunal of this state, to the 38 extent otherwise authorized not prohibited by other 39 law, may do one or more of the following: 40 a. Issue Establish or enforce a support order, 41 modify a child support order, determine the controlling 42 child support order, or render a judgment to determine 43 parentage of a child . 44 b. Order an obligor to comply with a support order, 45 specifying the amount and the manner of compliance. 46 c. Order income withholding. 47 d. Determine the amount of any arrearages, and 48 specify a method of payment. 49 e. Enforce orders by civil or criminal contempt, 50 -14- H1365.2078 (2) 86 pf/tm 14/ 64
or both. 1 f. Set aside property for satisfaction of the 2 support order. 3 g. Place liens and order execution on the obligor’s 4 property. 5 h. Order an obligor to keep the tribunal informed 6 of the obligor’s current residential address, 7 electronic mail address, telephone number, employer, 8 address of employment, and telephone number at the 9 place of employment. 10 i. Issue a bench warrant for an obligor who has 11 failed after proper notice to appear at a hearing 12 ordered by the tribunal and enter the bench warrant 13 in any local and state computer systems for criminal 14 warrants. 15 j. Order the obligor to seek appropriate employment 16 by specified methods. 17 k. Award reasonable attorney’s fees and other fees 18 and costs. 19 l. Grant any other available remedy. 20 3. A responding tribunal of this state shall 21 include in a support order issued under this chapter , 22 or in the documents accompanying the order, the 23 calculations on which the support order is based. 24 4. A responding tribunal of this state may not 25 condition the payment of a support order issued under 26 this chapter upon compliance by a party with provisions 27 for visitation. 28 5. If a responding tribunal of this state issues 29 an order under this chapter , the tribunal shall send a 30 copy of the order to the movant and the respondent and 31 to the initiating tribunal, if any. 32 6. If requested to enforce a support order, 33 arrears, or judgment or modify a support order stated 34 in a foreign currency, a responding tribunal of this 35 state shall convert the amount stated in the foreign 36 currency to the equivalent amount in dollars under the 37 applicable official or market exchange rate as publicly 38 reported. 39 Sec. ___. Section 252K.306, Code 2015, is amended 40 to read as follows: 41 252K.306 Inappropriate tribunal. 42 If a petition or comparable pleading is received 43 by an inappropriate tribunal of this state, it the 44 tribunal shall forward the pleading and accompanying 45 documents to an appropriate tribunal in of this state 46 or another state and notify the movant where and when 47 the pleading was sent. 48 Sec. ___. Section 252K.307, Code 2015, is amended 49 to read as follows: 50 -15- H1365.2078 (2) 86 pf/tm 15/ 64
252K.307 Duties of support enforcement agency. 1 1. A In a proceeding under this chapter, a support 2 enforcement agency of this state, upon request , shall : 3 a. Shall provide services to a movant in a 4 proceeding under this chapter residing in a state . 5 b. Shall provide services to a movant requesting 6 services through a central authority of a foreign 7 country as described in section 252K.101, subsection 5, 8 paragraph “a” or “d” . 9 c. May provide services to a movant who is an 10 individual not residing in a state. 11 2. A support enforcement agency of this state that 12 is providing services to the movant as appropriate 13 shall: 14 a. Take all steps necessary to enable an 15 appropriate tribunal in of this state , or another 16 state , or a foreign country to obtain jurisdiction over 17 the respondent. 18 b. Request an appropriate tribunal to set a date, 19 time, and place for a hearing. 20 c. Make a reasonable effort to obtain all relevant 21 information, including information as to income and 22 property of the parties. 23 d. Within five ten days, exclusive of Saturdays, 24 Sundays, and legal holidays, after receipt of a written 25 notice in a record from an initiating, responding, or 26 registering tribunal, send a copy of the notice to the 27 movant. 28 e. Within five ten days, exclusive of Saturdays, 29 Sundays, and legal holidays, after receipt of a written 30 communication in a record from the respondent or the 31 respondent’s attorney, send a copy of the communication 32 to the movant. 33 f. Notify the movant if jurisdiction over the 34 respondent cannot be obtained. 35 3. A support enforcement agency of this state that 36 requests registration of a child support order in this 37 state for enforcement or for modification shall make 38 reasonable efforts to do either of the following: 39 a. To ensure that the order to be registered is the 40 controlling order. 41 b. If two or more child support orders exist 42 and the identity of the controlling order has not 43 been determined, to ensure that a request for such 44 determination is made in a tribunal having jurisdiction 45 to do so. 46 4. A support enforcement agency of this state that 47 requests registration and enforcement of a support 48 order, arrears, or judgment stated in a foreign 49 currency shall convert the amounts stated in the 50 -16- H1365.2078 (2) 86 pf/tm 16/ 64
foreign currency into the equivalent amounts in dollars 1 under the applicable official or market exchange rate 2 as publicly reported. 3 5. A support enforcement agency of this state shall 4 issue or request a tribunal of this state to issue a 5 child support order and an income withholding order 6 that redirect payment of current support, arrears, and 7 interest if requested to do so by a support enforcement 8 agency of another state pursuant to section 252K.319. 9 6. This chapter does not create or negate a 10 relationship of attorney and client or other fiduciary 11 relationship between a support enforcement agency or 12 the attorney for the agency and the individual being 13 assisted by the agency. 14 Sec. ___. Section 252K.308, Code 2015, is amended 15 to read as follows: 16 252K.308 Duty of attorney general. 17 1. If the attorney general determines that the 18 support enforcement agency is neglecting or refusing to 19 provide services to an individual, the attorney general 20 may order the agency to perform its duties under this 21 chapter or may provide those services directly to the 22 individual. 23 2. The attorney general may determine that 24 a foreign country has established a reciprocal 25 arrangement for child support with this state and 26 take appropriate action for notification of the 27 determination. 28 Sec. ___. Section 252K.310, Code 2015, is amended 29 to read as follows: 30 252K.310 Duties of state information agency. 31 1. The child support recovery unit is the state 32 information agency under this chapter . 33 2. The state information agency shall: 34 a. Compile and maintain a current list, including 35 addresses, of the tribunals in this state which 36 have jurisdiction under this chapter and any support 37 enforcement agencies in this state and transmit a copy 38 to the state information agency of every other state. 39 b. Maintain a register of names and addresses of 40 tribunals and support enforcement agencies received 41 from other states. 42 c. Forward to the appropriate tribunal in the place 43 in this state in which the individual obligee who is 44 an individual or the obligor resides, or in which 45 the obligor’s property is believed to be located, all 46 documents concerning a proceeding under this chapter 47 received from an initiating tribunal or the state 48 information agency of the initiating state another 49 state or a foreign country . 50 -17- H1365.2078 (2) 86 pf/tm 17/ 64
d. Obtain information concerning the location 1 of the obligor and the obligor’s property within 2 this state not exempt from execution, by such means 3 as postal verification and federal or state locator 4 services, examination of telephone directories, 5 requests for the obligor’s address from employers, and 6 examination of governmental records, including, to the 7 extent not prohibited by other law, those relating 8 to real property, vital statistics, law enforcement, 9 taxation, motor vehicles, driver’s licenses, and social 10 security. 11 Sec. ___. Section 252K.311, Code 2015, is amended 12 to read as follows: 13 252K.311 Pleadings and accompanying documents. 14 1. A In a proceeding under this chapter, a movant 15 seeking to establish a support order, to determine 16 parentage of a child, or to register and modify a 17 support order of a tribunal of another state or to 18 determine parentage in a proceeding under this chapter 19 a foreign country must verify the file a petition or 20 comparable pleading . Unless otherwise ordered under 21 section 252K.312 , the petition , comparable pleading, or 22 accompanying documents must provide, so far as known, 23 the name, residential address, and social security 24 numbers of the obligor and the obligee or the parent 25 and alleged parent , and the name, sex, residential 26 address, social security number, and date of birth of 27 each child for whom whose benefit support is sought or 28 whose parentage is to be determined . The Unless filed 29 at the time of registration, the petition or comparable 30 pleading must be accompanied by a certified copy of any 31 support order in effect known to have been issued by 32 another tribunal . The petition or comparable pleading 33 may include any other information that may assist in 34 locating or identifying the respondent. 35 2. The petition or comparable pleading must 36 specify the relief sought. The petition or comparable 37 pleading and accompanying documents shall must conform 38 substantially with the requirements imposed by the 39 forms mandated by federal law for use in cases filed by 40 a support enforcement agency. 41 Sec. ___. Section 252K.312, Code 2015, is amended 42 to read as follows: 43 252K.312 Nondisclosure of information in exceptional 44 circumstances. 45 Upon a finding, which may be made ex parte, If a 46 party alleges in an affidavit or a pleading under oath 47 that the health, safety, or liberty of a party or child 48 would be unreasonably put at risk jeopardized by the 49 disclosure of specific identifying information, or 50 -18- H1365.2078 (2) 86 pf/tm 18/ 64
if an existing order so provides, a tribunal shall 1 order that the address of the child or party or other 2 identifying information must be sealed and may not be 3 disclosed to the other party or the public. After a 4 hearing in a pleading or other document filed in a 5 proceeding under this chapter which a tribunal takes 6 into consideration the health, safety, or liberty of 7 the party or child, the tribunal may order disclosure 8 of information that the tribunal determines to be in 9 the interest of justice . 10 Sec. ___. Section 252K.313, Code 2015, is amended 11 to read as follows: 12 252K.313 Costs and fees. 13 1. The movant shall may not be required to pay a 14 filing fee or other costs. 15 2. If an obligee prevails, a responding tribunal of 16 this state may assess against an obligor filing fees, 17 reasonable attorney fees, other costs, and necessary 18 travel and other reasonable expenses incurred by the 19 obligee and the obligee’s witnesses. The tribunal 20 may not assess fees, costs, or expenses against the 21 obligee or the support enforcement agency of either the 22 initiating or the responding state or foreign country , 23 except as provided by other law. Attorney fees may be 24 taxed as costs, and may be ordered paid directly to the 25 attorney, who may enforce the order in the attorney’s 26 own name. Payment of support owed to the obligee has 27 priority over fees, costs, and expenses. 28 3. The tribunal shall order the payment of costs 29 and reasonable attorney’s fees if the tribunal it 30 determines that a hearing was requested primarily for 31 delay. In a proceeding under article Article 6 , a 32 hearing is presumed to have been requested primarily 33 for delay if a registered support order is confirmed 34 or enforced without change. 35 Sec. ___. Section 252K.314, Code 2015, is amended 36 to read as follows: 37 252K.314 Limited immunity of movant. 38 1. Participation by a movant in a proceeding under 39 this chapter before a responding tribunal, whether 40 in person, by private attorney, or through services 41 provided by the support enforcement agency, does not 42 confer personal jurisdiction over the movant in another 43 proceeding. 44 2. A movant is not amenable to service of civil 45 process while physically present in this state to 46 participate in a proceeding under this chapter . 47 3. The immunity granted by this section does not 48 extend to civil litigation based on acts unrelated to 49 a proceeding under this chapter committed by a party 50 -19- H1365.2078 (2) 86 pf/tm 19/ 64
while physically present in this state to participate 1 in the proceeding. 2 Sec. ___. Section 252K.316, Code 2015, is amended 3 to read as follows: 4 252K.316 Special rules of evidence and procedure. 5 1. The physical presence of the movant a 6 nonresident party who is an individual in a responding 7 tribunal of this state is not required for the 8 establishment, enforcement, or modification of 9 a support order or the rendition of a judgment 10 determining parentage of a child . 11 2. A verified petition, An affidavit, a document 12 substantially complying with federally mandated forms, 13 and or a document incorporated by reference in any of 14 them, which would not be excluded under the hearsay 15 rule if given in person, is admissible in evidence 16 if given under oath penalty of perjury by a party or 17 witness residing in another outside this state. 18 3. A copy of the record of child support payments 19 certified as a true copy of the original by the 20 custodian of the record may be forwarded to a 21 responding tribunal. The copy is evidence of facts 22 asserted in it, and is admissible to show whether 23 payments were made. 24 4. Copies of bills for testing for parentage of a 25 child , and for prenatal and postnatal health care of 26 the mother and child, furnished to the adverse party at 27 least ten days before trial, are admissible in evidence 28 to prove the amount of the charges billed and that the 29 charges were reasonable, necessary, and customary. 30 5. Documentary evidence transmitted from another 31 outside this state to a tribunal of this state by 32 telephone, telecopier, or other electronic means that 33 do not provide an original writing record may not be 34 excluded from evidence on an objection based on the 35 means of transmission. 36 6. In a proceeding under this chapter , a tribunal 37 of this state may shall permit a party or witness 38 residing in another outside this state to be deposed 39 or to testify under penalty of perjury by telephone, 40 audiovisual means, or other electronic means at a 41 designated tribunal or other location in that state . 42 A tribunal of this state shall cooperate with other 43 tribunals of other states in designating an appropriate 44 location for the deposition or testimony. 45 7. If a party called to testify at a civil hearing 46 refuses to answer on the ground that the testimony may 47 be self incriminating, the trier of fact may draw an 48 adverse inference from the refusal. 49 8. A privilege against disclosure of communications 50 -20- H1365.2078 (2) 86 pf/tm 20/ 64
between spouses does not apply in a proceeding under 1 this chapter . 2 9. The defense of immunity based on the 3 relationship of husband and wife or parent and child 4 does not apply in a proceeding under this chapter . 5 10. A voluntary acknowledgment of paternity, 6 certified as a true copy, is admissible to establish 7 parentage of a child. 8 Sec. ___. Section 252K.317, Code 2015, is amended 9 to read as follows: 10 252K.317 Communications between tribunals. 11 A tribunal of this state may communicate with a 12 tribunal of another outside this state in writing a 13 record , or by telephone , electronic mail, or other 14 means, to obtain information concerning the laws of 15 that state , the legal effect of a judgment, decree, or 16 order of that tribunal, and the status of a proceeding 17 in the other state . A tribunal of this state may 18 furnish similar information by similar means to a 19 tribunal of another outside this state. 20 Sec. ___. Section 252K.318, Code 2015, is amended 21 to read as follows: 22 252K.318 Assistance with discovery. 23 A tribunal of this state may: 24 1. Request a tribunal of another outside this state 25 to assist in obtaining discovery. 26 2. Upon request, compel a person over whom which it 27 has jurisdiction to respond to a discovery order issued 28 by a tribunal of another outside this state. 29 Sec. ___. Section 252K.319, Code 2015, is amended 30 to read as follows: 31 252K.319 Receipt and disbursement of payments. 32 1. A support enforcement agency or tribunal of this 33 state shall disburse promptly any amounts received 34 pursuant to a support order, as directed by the order. 35 The agency or tribunal shall furnish to a requesting 36 party or a tribunal of another state or a foreign 37 country a certified statement by the custodian of 38 the record of the amounts and dates of all payments 39 received. 40 2. If neither the obligor, nor the obligee who is 41 an individual, nor the child resides in this state, 42 upon request from the support enforcement agency of 43 this state or another state, the child support recovery 44 unit or a tribunal of this state shall: 45 a. Direct that the support payment be made to the 46 support enforcement agency in the state in which the 47 obligee is receiving services. 48 b. Issue and send to the obligor’s employer 49 a conforming income withholding order or an 50 -21- H1365.2078 (2) 86 pf/tm 21/ 64
administrative notice of change of payee, reflecting 1 the redirected payments. 2 3. The support enforcement agency of this state 3 receiving redirected payments from another state 4 pursuant to a law similar to subsection 2 shall furnish 5 to a requesting party or tribunal of the other state a 6 certified statement by the custodian of the record of 7 the amount and dates of all payments received. 8 Sec. ___. Section 252K.401, Code 2015, is amended 9 to read as follows: 10 252K.401 Petition to establish Establishment of 11 support order. 12 1. If a support order entitled to recognition 13 under this chapter has not been issued, a responding 14 tribunal of this state with personal jurisdiction over 15 the parties may issue a support order if any of the 16 following applies: 17 a. The individual seeking the order resides in 18 another outside this state. 19 b. The support enforcement agency seeking the order 20 is located in another outside this state. 21 2. The tribunal may issue a temporary child support 22 order if the tribunal determines that such an order is 23 appropriate and the individual ordered to pay is any 24 of the following applies : 25 a. The respondent has signed a verified statement 26 acknowledging parentage A presumed father of the child . 27 b. The respondent has been determined by or 28 pursuant Petitioning to law to be the parent have his 29 paternity adjudicated . 30 c. There is other clear and convincing evidence 31 that the respondent is the child’s parent Identified as 32 the father of the child through genetic testing . 33 d. An alleged father who has declined to submit to 34 genetic testing. 35 e. Shown by clear and convincing evidence to be the 36 father of the child. 37 f. An acknowledged father as provided by section 38 252A.3A. 39 g. The mother of the child. 40 h. An individual who has been ordered to pay child 41 support in a previous proceeding and the order has been 42 reversed or vacated. 43 3. Upon finding, after notice and opportunity to 44 be heard, that an obligor owes a duty of support, the 45 tribunal shall issue a support order directed to the 46 obligor and may issue other orders pursuant to section 47 252K.305 . 48 Sec. ___. NEW SECTION . 252K.402 Proceeding to 49 determine parentage. 50 -22- H1365.2078 (2) 86 pf/tm 22/ 64
A tribunal of this state authorized to determine 1 parentage of a child may serve as a responding tribunal 2 in a proceeding to determine parentage of a child 3 brought under this chapter or a law or procedure 4 substantially similar to this chapter. 5 Sec. ___. Section 252K.501, Code 2015, is amended 6 to read as follows: 7 252K.501 Employer’s receipt of income withholding 8 order of another state. 9 An income withholding order issued in another state 10 may be sent by or on behalf of the obligee, or by the 11 support enforcement agency, to the person or entity 12 defined as the obligor’s employer under the income 13 withholding law of this state without first filing a 14 petition or comparable pleading or registering the 15 order with a tribunal of this state. 16 Sec. ___. Section 252K.502, subsection 3, paragraph 17 b, Code 2015, is amended to read as follows: 18 b. The person or agency designated to receive 19 payments and the address to which the payments are to 20 be forwarded. 21 Sec. ___. Section 252K.503, Code 2015, is amended 22 to read as follows: 23 252K.503 Compliance Employer’s compliance with 24 multiple two or more income withholding orders. 25 If an obligor’s employer receives multiple two 26 or more income withholding orders with respect 27 to the earnings of the same obligor, the employer 28 satisfies the terms of the multiple orders if the 29 employer complies with the law of the state of the 30 obligor’s principal place of employment to establish 31 the priorities for withholding and allocating income 32 withheld for multiple two or more child support 33 obligees. 34 Sec. ___. Section 252K.504, Code 2015, is amended 35 to read as follows: 36 252K.504 Immunity from civil liability. 37 An employer who that complies with an income 38 withholding order issued in another state in accordance 39 with this article is not subject to civil liability to 40 an individual or agency with regard to the employer’s 41 withholding of child support from the obligor’s income. 42 Sec. ___. Section 252K.505, Code 2015, is amended 43 to read as follows: 44 252K.505 Penalties for noncompliance. 45 An employer who that willfully fails to comply with 46 an income withholding order issued by in another state 47 and received for enforcement is subject to the same 48 penalties that may be imposed for noncompliance with an 49 order issued by a tribunal of this state. 50 -23- H1365.2078 (2) 86 pf/tm 23/ 64
Sec. ___. Section 252K.506, Code 2015, is amended 1 to read as follows: 2 252K.506 Contest by obligor. 3 1. An obligor may contest the validity or 4 enforcement of an income withholding order issued in 5 another state and received directly by an employer 6 in this state by registering the order in a tribunal 7 of this state and filing a contest to that order as 8 provided in Article 6, or otherwise contesting the 9 order in the same manner as if the order had been 10 issued by a tribunal of this state. Section 252K.604 11 applies to the contest. 12 2. The obligor shall give notice of the contest to: 13 a. A support enforcement agency providing services 14 to the obligee. 15 b. Each employer that has directly received an 16 income withholding order relating to the obligor . 17 c. The person or agency designated to receive 18 payments in the income withholding order, or if no 19 person or agency is designated, to the obligee. 20 Sec. ___. Section 252K.507, subsection 1, Code 21 2015, is amended to read as follows: 22 1. A party or support enforcement agency seeking to 23 enforce a support order or an income withholding order, 24 or both, issued by a tribunal of in another state or a 25 foreign support order may send the documents required 26 for registering the order to a support enforcement 27 agency of this state. 28 Sec. ___. Section 252K.601, Code 2015, is amended 29 to read as follows: 30 252K.601 Registration of order for enforcement. 31 A support order or an income withholding order 32 issued by a tribunal of in another state or a foreign 33 support order may be registered in this state for 34 enforcement. 35 Sec. ___. Section 252K.602, Code 2015, is amended 36 to read as follows: 37 252K.602 Procedure to register order for 38 enforcement. 39 1. A Except as otherwise provided in section 40 252K.706, a support order or income withholding order 41 of another state or a foreign support order may be 42 registered in this state by sending the following 43 documents and information records to the appropriate 44 tribunal in this state: 45 a. A letter of transmittal to the tribunal 46 requesting registration and enforcement. 47 b. Two copies, including one certified copy, of 48 all orders the order to be registered, including any 49 modification of an the order. 50 -24- H1365.2078 (2) 86 pf/tm 24/ 64
c. A sworn statement by the party seeking person 1 requesting registration or a certified statement by 2 the custodian of the records showing the amount of any 3 arrearage. 4 d. The name of the obligor and, if known: 5 (1) The obligor’s address and social security 6 number. 7 (2) The name and address of the obligor’s employer 8 and any other source of income of the obligor. 9 (3) A description and the location of property of 10 the obligor in this state not exempt from execution. 11 e. The Except as otherwise provided in section 12 252K.312, the name and address of the obligee and, 13 if applicable, the agency or person to whom support 14 payments are to be remitted. 15 2. On receipt of a request for registration, the 16 registering tribunal shall cause the order to be filed 17 as an order of a tribunal of another state or a foreign 18 judgment support order , together with one copy of the 19 documents and information, regardless of their form. 20 3. A petition or comparable pleading seeking a 21 remedy that must be affirmatively sought under other 22 law of this state may be filed at the same time as the 23 request for registration or later. The pleading must 24 specify the grounds for the remedy sought. 25 4. If two or more orders are in effect, the person 26 requesting registration shall: 27 a. Furnish to the tribunal a copy of every support 28 order asserted to be in effect in addition to the 29 documents specified in this section. 30 b. Specify the order alleged to be the controlling 31 order, if any. 32 c. Specify the amount of consolidated arrears, if 33 any. 34 5. A request for determination of which is the 35 controlling order may be filed separately or with 36 a request for registration and enforcement or for 37 registration and modification. The person requesting 38 registration shall give notice of the request to 39 each party whose rights may be affected by the 40 determination. 41 Sec. ___. Section 252K.603, Code 2015, is amended 42 to read as follows: 43 252K.603 Effect of registration for enforcement. 44 1. A support order or income withholding order 45 issued in another state or a foreign support order is 46 registered when the order is filed in the registering 47 tribunal of this state. 48 2. A registered support order issued in another 49 state or a foreign country is enforceable in the same 50 -25- H1365.2078 (2) 86 pf/tm 25/ 64
manner and is subject to the same procedures as an 1 order issued by a tribunal of this state. 2 3. Except as otherwise provided in this article 3 chapter , a tribunal of this state shall recognize and 4 enforce, but may not modify, a registered support order 5 if the issuing tribunal had jurisdiction. 6 Sec. ___. Section 252K.604, Code 2015, is amended 7 to read as follows: 8 252K.604 Choice of law. 9 1. The Except as otherwise provided in subsection 10 4, the law of the issuing state or foreign country 11 governs the : 12 a. The nature, extent, amount, and duration of 13 current payments and other obligations of under a 14 registered support and the order. 15 b. The computation and payment of arrearages and 16 accrual of interest on the arrearages under the support 17 order. 18 c. The existence and satisfaction of other 19 obligations under the support order. 20 2. In a proceeding for arrearages arrears under 21 a registered support order , the statute of limitation 22 under the laws of this state or of the issuing state or 23 foreign country , whichever is longer, applies. 24 3. A responding tribunal of this state shall apply 25 the procedures and remedies of this state to enforce 26 current support and collect arrears and interest due on 27 a support order of another state or a foreign country 28 registered in this state. 29 4. After a tribunal of this state or another state 30 determines which is the controlling order and issues 31 an order consolidating arrears, if any, a tribunal of 32 this state shall prospectively apply the law of the 33 state or foreign country issuing the controlling order, 34 including its law on interest on arrears, on current 35 and future support, and on consolidated arrears. 36 Sec. ___. Section 252K.605, Code 2015, is amended 37 to read as follows: 38 252K.605 Notice of registration of order. 39 1. When a support order or income withholding order 40 issued in another state or a foreign support order 41 is registered, the registering tribunal of this state 42 shall notify the nonregistering party. The notice must 43 be accompanied by a copy of the registered order and 44 the documents and relevant information accompanying the 45 order. 46 2. The A notice must inform the nonregistering 47 party: 48 a. That a registered support order is enforceable 49 as of the date of registration in the same manner as an 50 -26- H1365.2078 (2) 86 pf/tm 26/ 64
order issued by a tribunal of this state. 1 b. That a hearing to contest the validity or 2 enforcement of the registered order must be requested 3 within twenty days after the date of mailing or 4 personal service of the notice unless the registered 5 order is contested under section 252K.707 . 6 c. That failure to contest the validity or 7 enforcement of the registered order in a timely 8 manner will result in confirmation of the order and 9 enforcement of the order and the alleged arrearages and 10 precludes further contest of that order with respect to 11 any matter that could have been asserted . 12 d. Of the amount of any alleged arrearages. 13 3. If the registering party asserts that two or 14 more orders are in effect, a notice must also: 15 a. Identify the two or more orders and the order 16 alleged by the registering party to be the controlling 17 order and the consolidated arrears, if any. 18 b. Notify the nonregistering party of the right to 19 a determination of which is the controlling order. 20 c. State that the procedures provided in subsection 21 2 apply to the determination of which is the 22 controlling order. 23 d. State that failure to contest the validity or 24 enforcement of the order alleged to be the controlling 25 order in a timely manner may result in confirmation 26 that the order is the controlling order. 27 4. Upon registration of an income withholding order 28 for enforcement, the support enforcement agency or 29 the registering tribunal shall notify the obligor’s 30 employer pursuant to the income withholding law of this 31 state. 32 Sec. ___. Section 252K.606, Code 2015, is amended 33 to read as follows: 34 252K.606 Procedure to contest validity or 35 enforcement of registered support order. 36 1. A nonregistering party seeking to contest the 37 validity or enforcement of a registered support order 38 in this state shall request a hearing within twenty 39 days after the date of mailing or personal service 40 of notice of the registration the time required by 41 section 252K.605 . The nonregistering party may seek to 42 vacate the registration, to assert any defense to an 43 allegation of noncompliance with the registered order, 44 or to contest the remedies being sought or the amount 45 of any alleged arrearages pursuant to section 252K.607 . 46 2. If the nonregistering party fails to contest the 47 validity or enforcement of the registered order in a 48 timely manner, the order is confirmed by operation of 49 law. 50 -27- H1365.2078 (2) 86 pf/tm 27/ 64
3. If a nonregistering party requests a hearing to 1 contest the validity or enforcement of the registered 2 support order, the registering tribunal shall schedule 3 the matter for hearing and give notice to the parties 4 of the date, time, and place of the hearing. 5 Sec. ___. Section 252K.607, Code 2015, is amended 6 to read as follows: 7 252K.607 Contest of registration or enforcement. 8 1. A party contesting the validity or enforcement 9 of a registered support order or seeking to vacate the 10 registration has the burden of proving one or more of 11 the following defenses: 12 a. The issuing tribunal lacked personal 13 jurisdiction over the contesting party. 14 b. The order was obtained by fraud. 15 c. The order has been vacated, suspended, or 16 modified by a later order. 17 d. The issuing tribunal has stayed the order 18 pending appeal. 19 e. There is a defense under the law of this state 20 to the remedy sought. 21 f. Full or partial payment has been made. 22 g. The statute of limitation under section 252K.604 23 precludes enforcement of some or all of the alleged 24 arrearages. 25 h. The alleged controlling order is not the 26 controlling order. 27 2. If a party presents evidence establishing 28 a full or partial defense under subsection 1 , a 29 tribunal may stay enforcement of the a registered 30 support order, continue the proceeding to permit 31 production of additional relevant evidence, and issue 32 other appropriate orders. An uncontested portion of 33 the registered support order may be enforced by all 34 remedies available under the law of this state. 35 3. If the contesting party does not establish 36 a defense under subsection 1 to the validity or 37 enforcement of the a registered support order, the 38 registering tribunal shall issue an order confirming 39 the order. 40 Sec. ___. Section 252K.608, Code 2015, is amended 41 to read as follows: 42 252K.608 Confirmed order. 43 Confirmation of a registered support order, whether 44 by operation of law or after notice and hearing, 45 precludes further contest of the order with respect to 46 any matter that could have been asserted at the time 47 of registration. 48 Sec. ___. Section 252K.609, Code 2015, is amended 49 to read as follows: 50 -28- H1365.2078 (2) 86 pf/tm 28/ 64
252K.609 Procedure to register child support order 1 of another state for modification. 2 A party or support enforcement agency seeking to 3 modify, or to modify and enforce, a child support order 4 issued in another state shall register that order 5 in this state in the same manner provided in part 1 6 sections 252K.601 through 252K.608 if the order has not 7 been registered. A petition or comparable pleading for 8 modification may be filed at the same time as a request 9 for registration, or later. The pleading must specify 10 the grounds for modification. 11 Sec. ___. Section 252K.610, Code 2015, is amended 12 to read as follows: 13 252K.610 Effect of registration for modification. 14 A tribunal of this state may enforce a child support 15 order of another state registered for purposes of 16 modification, in the same manner as if the order 17 had been issued by a tribunal of this state, but the 18 registered support order may be modified only if the 19 requirements of section 252K.611 or 252K.613 have been 20 met. 21 Sec. ___. Section 252K.611, Code 2015, is amended 22 to read as follows: 23 252K.611 Modification of child support order of 24 another state. 25 1. After If section 252K.613 does not apply, upon 26 petition or comparable pleading, a tribunal of this 27 state may modify a child support order issued in 28 another state has been which is registered in this 29 state , the responding tribunal of this state may modify 30 that order only if section 252K.613 does not apply and 31 after notice and hearing it the tribunal finds that 32 paragraph “a” or “b” applies: 33 a. The following requirements are met: 34 (1) The Neither the child, nor the individual 35 obligee who is an individual , and nor the obligor do 36 not reside resides in the issuing state. 37 (2) A movant who is a nonresident of this state 38 seeks modification. 39 (3) The respondent is subject to the personal 40 jurisdiction of the tribunal of this state. 41 b. The This state is the state of residence of the 42 child, or a party who is an individual , is subject 43 to the personal jurisdiction of the tribunal of this 44 state , and all of the parties who are individuals have 45 filed written consents in a record in the issuing 46 tribunal for a tribunal of this state to modify 47 the support order and assume continuing, exclusive 48 jurisdiction over the order . However, if the issuing 49 state is a foreign jurisdiction that has not enacted 50 -29- H1365.2078 (2) 86 pf/tm 29/ 64
a law or established procedures substantially similar 1 to the procedures under this chapter , the consent 2 otherwise required of an individual residing in this 3 state is not required for the tribunal to assume 4 jurisdiction to modify the child support order. 5 2. Modification of a registered child support order 6 is subject to the same requirements, procedures, and 7 defenses that apply to the modification of an order 8 issued by a tribunal of this state and the order may be 9 enforced and satisfied in the same manner. 10 3. A tribunal of this state may not modify any 11 aspect of a child support order that may not be 12 modified under the law of the issuing state , including 13 the duration of the obligation of support . If two or 14 more tribunals have issued child support orders for the 15 same obligor and same child, the order that controls 16 and must be so recognized under section 252K.207 17 establishes the aspects of the support order which are 18 nonmodifiable. 19 4. In a proceeding to modify a child support order, 20 the law of the state that is determined to have issued 21 the initial controlling order governs the duration of 22 the obligation of support. The obligor’s fulfillment 23 of the duty of support established by that order 24 precludes imposition of a further obligation of support 25 by a tribunal of this state. 26 5. On the issuance of an order by a tribunal of 27 this state modifying a child support order issued in 28 another state, a the tribunal of this state becomes the 29 tribunal having continuing, exclusive jurisdiction. 30 6. Notwithstanding subsections 1 through 5 and 31 section 252K.201, subsection 2, a tribunal of this 32 state retains jurisdiction to modify an order issued 33 by a tribunal of this state if both of the following 34 apply: 35 a. One party resides in another state. 36 b. The other party resides outside the United 37 States. 38 Sec. ___. Section 252K.612, Code 2015, is amended 39 to read as follows: 40 252K.612 Recognition of order modified in another 41 state. 42 A tribunal of this state shall recognize If a 43 modification of its earlier child support order issued 44 by a tribunal of this state is modified by a tribunal 45 of another state which assumed jurisdiction pursuant 46 to this chapter or a law substantially similar to this 47 chapter and , upon request, except as otherwise provided 48 in this chapter , shall a tribunal of this state : 49 1. Enforce the May enforce its order that was 50 -30- H1365.2078 (2) 86 pf/tm 30/ 64
modified only as to amounts arrears and interest 1 accruing before the modification. 2 2. Enforce only nonmodifiable aspects of that 3 order. 4 3. Provide other May provide appropriate relief 5 only for violations of the its order which occurred 6 before the effective date of the modification. 7 4. 3. Recognize Shall recognize the modifying 8 order of the other state, upon registration, for the 9 purpose of enforcement. 10 Sec. ___. NEW SECTION . 252K.615 Jurisdiction to 11 modify child support order of foreign country. 12 1. Except as otherwise provided in section 13 252K.711, if a foreign country lacks or refuses to 14 exercise jurisdiction to modify its child support 15 order pursuant to its laws, a tribunal of this state 16 may assume jurisdiction to modify the child support 17 order and bind all individuals subject to the personal 18 jurisdiction of the tribunal whether the consent 19 to modification of a child support order otherwise 20 required of the individual pursuant to section 252K.611 21 has been given or whether the individual seeking 22 modification is a resident of this state or of the 23 foreign country. 24 2. An order issued by a tribunal of this state 25 modifying a foreign child support order pursuant to 26 this section is the controlling order. 27 Sec. ___. NEW SECTION . 252K.616 Procedures to 28 register child support order of foreign country for 29 modification. 30 A party or support enforcement agency seeking to 31 modify, or to modify and enforce, a foreign child 32 support order not under the convention may register 33 that order in this state under sections 252K.601 34 through 252K.608 if the order has not been registered. 35 A petition or comparable pleading for modification 36 may be filed at the same time as a request for 37 registration, or at another time. The pleading must 38 specify the grounds for modification. 39 Sec. ___. Section 252K.701, Code 2015, is amended 40 by striking the section and inserting in lieu thereof 41 the following: 42 252K.701 Definitions. 43 In this article: 44 1. “Application” means a request under the 45 convention by an obligee or obligor, or on behalf of a 46 child, made through a central authority for assistance 47 from another central authority. 48 2. “Central authority” means the entity designated 49 by the United States or a foreign country described 50 -31- H1365.2078 (2) 86 pf/tm 31/ 64
in section 252K.101, subsection 5, paragraph “d” , to 1 perform the functions specified in the convention. 2 3. “Convention support order” means a support order 3 of a tribunal of a foreign country described in section 4 252K.101, subsection 5, paragraph “d” . 5 4. “Direct request” means a petition for support 6 filed by an individual in a tribunal of this state in a 7 proceeding involving an obligee, obligor, or a child 8 residing outside the United States. 9 5. “Foreign central authority” means the entity 10 designated by a foreign country described in section 11 252K.101, subsection 5, paragraph “d” , to perform the 12 functions specified in the convention. 13 6. “Foreign support agreement” : 14 a. Means an agreement for support in a record that: 15 (1) Is enforceable as a support order in the 16 country of origin. 17 (2) Has been formally drawn up or registered as 18 an authentic instrument by a foreign tribunal or 19 authenticated by, or concluded, registered, or filed 20 with a foreign tribunal. 21 (3) May be reviewed and modified by a foreign 22 tribunal. 23 b. “Foreign support agreement” includes a 24 maintenance arrangement or authentic instrument under 25 the convention. 26 7. “United States central authority” means the 27 secretary of the United States department of health and 28 human services. 29 Sec. ___. NEW SECTION . 252K.702 Applicability. 30 This article applies only to a support proceeding 31 under the convention. In such a proceeding, if a 32 provision of this article is inconsistent with Articles 33 1 through 6, this article controls. 34 Sec. ___. NEW SECTION . 252K.703 Relationship of 35 child support recovery unit to United States central 36 authority. 37 The child support recovery unit of this state is 38 recognized as the agency designated by the United 39 States central authority to perform specific functions 40 under the convention. 41 Sec. ___. NEW SECTION . 252K.704 Initiation by 42 child support recovery unit of support proceeding under 43 convention. 44 1. In a support proceeding under this article, the 45 child support recovery unit of this state shall: 46 a. Transmit and receive applications. 47 b. Initiate or facilitate the institution of a 48 proceeding regarding an application in a tribunal of 49 this state. 50 -32- H1365.2078 (2) 86 pf/tm 32/ 64
2. The following support proceedings are available 1 to an obligee under the convention: 2 a. Recognition or recognition and enforcement of a 3 foreign support order. 4 b. Enforcement of a support order issued or 5 recognized in this state. 6 c. Establishment of a support order if there is no 7 existing order, including, if necessary, determination 8 of parentage of a child. 9 d. Establishment of a support order if recognition 10 of a foreign support order is refused under section 11 252K.708, subsection 2, paragraph “b” , “d” , or “i” . 12 e. Modification of a support order of a tribunal of 13 this state. 14 f. Modification of a support order of a tribunal of 15 another state or a foreign country. 16 3. The following support proceedings are available 17 under the convention to an obligor against which there 18 is an existing support order: 19 a. Recognition of an order suspending or limiting 20 enforcement of an existing support order of a tribunal 21 of this state. 22 b. Modification of a support order of a tribunal of 23 this state. 24 c. Modification of a support order of a tribunal of 25 another state or a foreign country. 26 4. A tribunal of this state may not require 27 security, bond, or deposit, however described, 28 to guarantee the payment of costs and expenses in 29 proceedings under the convention. 30 Sec. ___. NEW SECTION . 252K.705 Direct request. 31 1. A petitioner may file a direct request seeking 32 establishment or modification of a support order 33 or determination of parentage of a child. In the 34 proceeding, the law of this state applies. 35 2. A petitioner may file a direct request seeking 36 recognition and enforcement of a support order or 37 support agreement. In the proceeding, sections 38 252K.706 through 252K.713 apply. 39 3. In a direct request for recognition and 40 enforcement of a convention support order or foreign 41 support agreement: 42 a. A security, bond, or deposit is not required to 43 guarantee the payment of costs and expenses. 44 b. An obligee or obligor that in the issuing 45 country has benefited from free legal assistance is 46 entitled to benefit, at least to the same extent, from 47 any free legal assistance provided for by the law of 48 this state under the same circumstances. 49 4. A petitioner filing a direct request is not 50 -33- H1365.2078 (2) 86 pf/tm 33/ 64
entitled to assistance from the child support recovery 1 unit. 2 5. This article does not prevent the application 3 of laws of this state that provide simplified, more 4 expeditious rules regarding a direct request for 5 recognition and enforcement of a foreign support order 6 or foreign support agreement. 7 Sec. ___. NEW SECTION . 252K.706 Registration of 8 convention support order. 9 1. Except as otherwise provided in this article, 10 a party who is an individual or a support enforcement 11 agency seeking recognition of a convention support 12 order shall register the order in this state as 13 provided in Article 6. 14 2. Notwithstanding section 252K.311 and section 15 252K.602, subsection 1, a request for registration of a 16 convention support order must be accompanied by: 17 a. A complete text of the support order. 18 b. A record stating that the support order is 19 enforceable in the issuing country. 20 c. If the respondent did not appear and was not 21 represented in the proceedings in the issuing country, 22 a record attesting, as appropriate, either that the 23 respondent had proper notice of the proceedings and 24 an opportunity to be heard or that the respondent had 25 proper notice of the support order and an opportunity 26 to be heard in a challenge or appeal on fact or law 27 before a tribunal. 28 d. A record showing the amount of arrears, if any, 29 and the date the amount was calculated. 30 e. A record showing a requirement for automatic 31 adjustment of the amount of support, if any, and 32 the information necessary to make the appropriate 33 calculations. 34 f. If necessary, a record showing the extent to 35 which the applicant received free legal assistance in 36 the issuing country. 37 3. A request for registration of a convention 38 support order may seek recognition and partial 39 enforcement of the order. 40 4. A tribunal of this state may vacate the 41 registration of a convention support order without 42 the filing of a contest under section 252K.707 only 43 if, acting on its own motion, the tribunal finds that 44 recognition and enforcement of the order would be 45 manifestly incompatible with public policy. 46 5. The tribunal shall promptly notify the parties 47 of the registration or the order vacating the 48 registration of a convention support order. 49 Sec. ___. NEW SECTION . 252K.707 Contest of 50 -34- H1365.2078 (2) 86 pf/tm 34/ 64
registered convention support order. 1 1. Except as otherwise provided in this article, 2 sections 252K.605 through 252K.608 apply to a contest 3 of a registered convention support order. 4 2. A party contesting a registered convention 5 support order shall file a contest not later than 6 thirty days after notice of the registration, but if 7 the contesting party does not reside in the United 8 States, the contest must be filed not later than sixty 9 days after notice of the registration. 10 3. If the nonregistering party fails to contest 11 the registered convention support order by the time 12 specified in subsection 2, the order is enforceable. 13 4. A contest of a registered convention support 14 order may be based only on grounds set forth in section 15 252K.708. The contesting party bears the burden of 16 proof. 17 5. In a contest of a registered convention support 18 order, a tribunal of this state: 19 a. Is bound by the findings of fact on which the 20 foreign tribunal based its jurisdiction. 21 b. May not review the merits of the order. 22 6. A tribunal of this state deciding a contest of 23 a registered convention support order shall promptly 24 notify the parties of its decision. 25 7. A challenge or appeal, if any, does not stay the 26 enforcement of a convention support order unless there 27 are exceptional circumstances. 28 Sec. ___. NEW SECTION . 252K.708 Recognition and 29 enforcement of registered convention support order. 30 1. Except as otherwise provided in subsection 2, a 31 tribunal of this state shall recognize and enforce a 32 registered convention support order. 33 2. The following grounds are the only grounds on 34 which a tribunal of this state may refuse recognition 35 and enforcement of a registered convention support 36 order: 37 a. Recognition and enforcement of the order is 38 manifestly incompatible with public policy, including 39 the failure of the issuing tribunal to observe minimum 40 standards of due process, which include notice and an 41 opportunity to be heard. 42 b. The issuing tribunal lacked personal 43 jurisdiction consistent with section 252K.201. 44 c. The order is not enforceable in the issuing 45 country. 46 d. The order was obtained by fraud in connection 47 with a matter of procedure. 48 e. A record transmitted in accordance with section 49 252K.706 lacks authenticity or integrity. 50 -35- H1365.2078 (2) 86 pf/tm 35/ 64
f. A proceeding between the same parties and having 1 the same purpose is pending before a tribunal of this 2 state and that proceeding was the first to be filed. 3 g. The order is incompatible with a more recent 4 support order involving the same parties and having 5 the same purpose if the more recent support order is 6 entitled to recognition and enforcement under this 7 chapter in this state. 8 h. Payment, to the extent alleged arrears have been 9 paid in whole or in part. 10 i. In a case in which the respondent neither 11 appeared nor was represented in the proceeding in 12 the issuing foreign country, any of the following is 13 applicable: 14 (1) If the law of that country provides for prior 15 notice of proceedings, the respondent did not have 16 proper notice of the proceedings and an opportunity to 17 be heard. 18 (2) If the law of that country does not provide for 19 prior notice of the proceedings, the respondent did not 20 have proper notice of the order and an opportunity to 21 be heard in a challenge or appeal on fact or law before 22 a tribunal. 23 j. The order was made in violation of section 24 252K.711. 25 3. If a tribunal of this state does not recognize a 26 convention support order under subsection 2, paragraph 27 “b” , “d” , or “i” : 28 a. The tribunal may not dismiss the proceeding 29 without allowing a reasonable time for a party to 30 request the establishment of a new convention support 31 order. 32 b. The child support recovery unit shall take all 33 appropriate measures to request a child support order 34 for the obligee if the application for recognition and 35 enforcement was received under section 252K.704. 36 Sec. ___. NEW SECTION . 252K.709 Partial 37 enforcement. 38 If a tribunal of this state does not recognize and 39 enforce a convention support order in its entirety, 40 it shall enforce any severable part of the order. An 41 application or direct request may seek recognition and 42 partial enforcement of a convention support order. 43 Sec. ___. NEW SECTION . 252K.710 Foreign support 44 agreement. 45 1. Except as otherwise provided in subsections 3 46 and 4, a tribunal of this state shall recognize and 47 enforce a foreign support agreement registered in this 48 state. 49 2. An application or direct request for recognition 50 -36- H1365.2078 (2) 86 pf/tm 36/ 64
and enforcement of a foreign support agreement must be 1 accompanied by: 2 a. A complete text of the foreign support 3 agreement. 4 b. A record stating that the foreign support 5 agreement is enforceable as an order of support in the 6 issuing country. 7 3. A tribunal of this state may vacate the 8 registration of a foreign support agreement only 9 if, acting on its own motion, the tribunal finds 10 that recognition and enforcement would be manifestly 11 incompatible with public policy. 12 4. In a contest of a foreign support agreement, 13 a tribunal of this state may refuse recognition and 14 enforcement of the agreement if it finds any of the 15 following: 16 a. Recognition and enforcement of the agreement is 17 manifestly incompatible with public policy. 18 b. The agreement was obtained by fraud or 19 falsification. 20 c. The agreement is incompatible with a support 21 order involving the same parties and having the same 22 purpose in this state, another state, or a foreign 23 country if the support order is entitled to recognition 24 and enforcement under this chapter in this state. 25 d. The record submitted under subsection 2 lacks 26 authenticity or integrity. 27 5. A proceeding for recognition and enforcement 28 of a foreign support agreement must be suspended 29 during the pendency of a challenge to or appeal of 30 the agreement before a tribunal of another state or a 31 foreign country. 32 Sec. ___. NEW SECTION . 252K.711 Modification of 33 convention child support order. 34 1. A tribunal of this state may not modify a 35 convention child support order if the obligee remains a 36 resident of the foreign country where the support order 37 was issued unless any of the following applies: 38 a. The obligee submits to the jurisdiction of 39 a tribunal of this state, either expressly or by 40 defending on the merits of the case without objecting 41 to the jurisdiction at the first available opportunity. 42 b. The foreign tribunal lacks or refuses to 43 exercise jurisdiction to modify its support order or 44 issue a new support order. 45 2. If a tribunal of this state does not modify a 46 convention child support order because the order is not 47 recognized in this state, section 252K.708, subsection 48 3, applies. 49 Sec. ___. NEW SECTION . 252K.712 Personal 50 -37- H1365.2078 (2) 86 pf/tm 37/ 64
information —— limit on use. 1 Personal information gathered or transmitted under 2 this article may be used only for the purposes for 3 which it was gathered or transmitted. 4 Sec. ___. NEW SECTION . 252K.713 Record in original 5 language —— English translation. 6 A record filed with a tribunal of this state under 7 this article must be in the original language and, 8 if not in English, must be accompanied by an English 9 translation. 10 Sec. ___. Section 252K.801, subsection 2, paragraph 11 b, Code 2015, is amended to read as follows: 12 b. On the demand by of the governor of another 13 state, surrender an individual found in this state who 14 is charged criminally in the other state with having 15 failed to provide for the support of an obligee. 16 Sec. ___. Section 252K.802, subsections 1 and 2, 17 Code 2015, are amended to read as follows: 18 1. Before making a demand that the governor 19 of another state surrender an individual charged 20 criminally in this state with having failed to provide 21 for the support of an obligee, the governor of this 22 state may require a prosecutor of this state to 23 demonstrate that at least sixty days previously the 24 obligee had initiated proceedings for support pursuant 25 to this chapter or that the proceeding would be of no 26 avail. 27 2. If, under this chapter , or a law substantially 28 similar to this chapter , the Uniform Reciprocal 29 Enforcement of Support Act, or the Revised Uniform 30 Reciprocal Enforcement of Support Act, the governor 31 of another state makes a demand that the governor of 32 this state surrender an individual charged criminally 33 in that state with having failed to provide for the 34 support of a child or other individual to whom a 35 duty of support is owed, the governor may require a 36 prosecutor to investigate the demand and report whether 37 a proceeding for support has been initiated or would 38 be effective. If it appears that a proceeding would 39 be effective but has not been initiated, the governor 40 may delay honoring the demand for a reasonable time to 41 permit the initiation of a proceeding. 42 Sec. ___. Section 252K.901, Code 2015, is amended 43 to read as follows: 44 252K.901 Uniformity of application and construction. 45 This chapter shall be applied and construed In 46 applying and construing this uniform Act, consideration 47 must be given to the need to effectuate its general 48 purpose to make uniform promote uniformity of the law 49 with respect to the subject of this chapter matter 50 -38- H1365.2078 (2) 86 pf/tm 38/ 64
among states enacting that enact it. 1 Sec. ___. Section 252K.903, Code 2015, is amended 2 to read as follows: 3 252K.903 Severability clause . 4 If any provision of this chapter or its application 5 to any person or circumstance is held invalid, 6 the invalidity does not affect other provisions or 7 application of this chapter which can be given effect 8 without the invalid provision or application, and to 9 this end the provisions of this chapter are severable. 10 Sec. ___. Section 252K.904, Code 2015, is amended 11 to read as follows: 12 252K.904 Effective date —— pending matters. 13 1. This chapter takes effect January 1, 1998 July 14 1, 2015 . 15 2. A tribunal of this state shall apply this 16 chapter beginning January 1, 1998 July 1, 2015 , with 17 the following conditions: 18 a. Matters pending on January 1, 1998 July 1, 2015 , 19 shall be governed by this chapter . 20 b. Pleadings and accompanying documents on pending 21 matters are sufficient if the documents substantially 22 comply with the requirements of this chapter 252A in 23 effect on December 31, 1997 June 30, 2015 . 24 Sec. ___. REPEAL. Section 252K.902, Code 2015, is 25 repealed. 26 Sec. ___. CODE EDITOR DIRECTIVES. The Code editor 27 shall do all of the following: 28 1. Eliminate the part designations and titles under 29 Article 2 of chapter 252K. 30 2. Retitle Article 4 of chapter 252K “Establishment 31 of support order or determination of parentage”. 32 3. Retitle Article 5 of chapter 252K “Enforcement 33 of support order without registration”. 34 4. Retitle Article 6 of chapter 252K “Registration, 35 enforcement, and modification of support order”. 36 5. Retitle Article 6, part 1, of chapter 252K 37 “Registration for enforcement of support order”. 38 6. Retitle Article 6, part 3, of chapter 252K 39 “Registration and modification of child support order 40 of another state”. 41 7. Create a new part 4 of Article 6 of chapter 42 252K, entitled “Registration and modification of 43 foreign child support order” which shall include 44 sections 252K.615 and 252K.616, as enacted in this Act. 45 8. Retitle Article 7 of chapter 252K “Support 46 proceeding under convention”, which shall include 47 sections 252K.701, 252K.702, 252K.703, 252K.704, 48 252K.705, 252K.706, 252K.707, 252K.708, 252K.709, 49 252K.710, 252K.711, 252K.712, and 252K.713, as amended 50 -39- H1365.2078 (2) 86 pf/tm 39/ 64
and enacted in this Act. 1 DIVISION ___ 2 CONFORMING CHANGES —— UNIFORM INTERSTATE FAMILY SUPPORT 3 ACT 4 Sec. ___. Section 252A.2, subsection 10, Code 2015, 5 is amended by striking the subsection. 6 Sec. ___. Section 252A.3, subsection 9, Code 2015, 7 is amended to read as follows: 8 9. Notwithstanding the fact that the respondent has 9 obtained in any state or foreign country a final decree 10 of divorce or separation from the respondent’s spouse 11 or a decree dissolving the marriage, the respondent 12 shall be deemed legally liable for the support of any 13 dependent child of such marriage. 14 Sec. ___. Section 252A.3, subsection 10, paragraph 15 d, Code 2015, is amended to read as follows: 16 d. By establishment of paternity in a another state 17 or foreign jurisdiction country in any manner provided 18 for by the laws of that jurisdiction. 19 Sec. ___. Section 252A.6A, subsection 2, paragraph 20 b, Code 2015, is amended to read as follows: 21 b. If the prior determination of paternity is 22 based on an administrative or court order or by any 23 other means, pursuant to the laws of a another state 24 or foreign jurisdiction country , an action to overcome 25 the prior determination of paternity shall be filed 26 in that jurisdiction. Unless the party requests and 27 is granted a stay of an action to establish child or 28 medical support, the action shall proceed as otherwise 29 provided. 30 Sec. ___. Section 252A.18, Code 2015, is amended to 31 read as follows: 32 252A.18 Registration of foreign support order —— 33 notice. 34 Registration of a support order of another state or 35 foreign support order country shall be in accordance 36 with chapter 252K except that, with regard to service, 37 promptly upon registration, the clerk of the court 38 shall s end a notice , by restricted certified mail , or 39 the child support recovery unit shall, as provided in 40 section 252B.26, send to the respondent , notice of the 41 registration with a copy of the registered support 42 order or the respondent may be personally served with 43 the notice and the copy of the order in the same manner 44 as original notices are personally served. The clerk 45 shall also docket the case and notify the prosecuting 46 attorney of the action. The clerk shall maintain a 47 registry of all support orders registered pursuant to 48 this section. The filing is in equity. 49 Sec. ___. Section 252B.1, subsection 6, Code 2015, 50 -40- H1365.2078 (2) 86 pf/tm 40/ 64
is amended to read as follows: 1 6. “Obligor” means the person legally responsible 2 for the support of a child as defined in section 3 252D.16 or 598.1 under a support order issued in this 4 state or a pursuant to the laws of another state or 5 foreign jurisdiction country . 6 Sec. ___. Section 252B.3, subsection 4, paragraph 7 b, Code 2015, is amended to read as follows: 8 b. This subsection shall not apply unless all the 9 children for whom support is ordered reside with both 10 parents, except that a child may be absent from the 11 home due to a foster care placement pursuant to chapter 12 234 or a comparable law of a another state or foreign 13 jurisdiction country . 14 Sec. ___. Section 252B.4, subsection 5, paragraph 15 b, Code 2015, is amended to read as follows: 16 b. A foreign reciprocating country or foreign 17 country with which the state has an arrangement as 18 provided in 42 U.S.C. §659a as defined in chapter 252K . 19 Sec. ___. Section 252B.9, subsection 3, paragraph 20 i, subparagraphs (4) and (7), Code 2015, are amended 21 to read as follows: 22 (4) The unit receives notification that a copy, 23 regular on its face, of a notarized affidavit or a 24 pleading, which was signed by and made under oath by 25 a party, under chapter 252K, the uniform interstate 26 family support Act, or the comparable law of another 27 state, alleging the health, safety, or liberty of the 28 party or child would be jeopardized by the disclosure 29 of specific identifying information unless a tribunal 30 has issued an order under chapter 252K , the uniform 31 interstate family support Act, or the comparable law 32 of another state, that the address or other ordered 33 the identifying information of a party or child not be 34 disclosed. 35 (7) The unit receives notification, as the result 36 of a request under section 252B.9A , of the existence of 37 any finding, order, affidavit, pleading, safety plan, 38 or founded allegation referred to in subparagraphs (1) 39 through (6) of this paragraph. 40 Sec. ___. Section 252B.14, Code 2015, is amended to 41 read as follows: 42 252B.14 Support payments —— collection services 43 center or comparable government entity in another state 44 —— clerk of the district court. 45 1. For the purposes of this section , “support 46 order” includes any order entered pursuant to chapter 47 234 , 252A , 252C , 598 , 600B , or any other support 48 chapter or proceeding which establishes support 49 payments as defined in section 252D.16 or 598.1 . 50 -41- H1365.2078 (2) 86 pf/tm 41/ 64
2. For support orders being enforced by the child 1 support recovery unit, support payments made pursuant 2 to the order shall be directed to and disbursed by 3 the collection services center or, as appropriate, 4 a comparable government entity in another state as 5 provided in chapter 252K . 6 3. With the exception of support payments to which 7 subsection 2 or 4 applies, support payments made 8 pursuant to an order shall be directed to and disbursed 9 by the clerk of the district court in the county in 10 which the order for support is filed. The clerk of 11 the district court may require the obligor to submit 12 payments by bank draft or money order if the obligor 13 submits an insufficient funds support payment to the 14 clerk of the district court. 15 4. By October 1, 1999, for For a support order to 16 which subsection 2 does not apply, regardless of the 17 terms of the support order directing or redirecting 18 the place of payment, support payments made through 19 income withholding by a payor of income as provided 20 in chapter 252D shall be directed to and disbursed 21 by the collection services center or, as appropriate, 22 a comparable government entity in another state as 23 provided in chapter 252K . The judicial branch and the 24 department shall develop and implement a plan to notify 25 payors of income of this requirement and the effective 26 date of the requirement applicable to the respective 27 payor of income. 28 5. If the collection services center is receiving 29 and disbursing payments pursuant to a support order, 30 but the unit is not providing other services under Tit. 31 IV-D of the federal Social Security Act, or if the 32 order is not being enforced by the unit, the parties to 33 that order are not considered to be receiving services 34 under this chapter . 35 6. Payments to persons other than the clerk of the 36 district court or the collection services center or, as 37 appropriate, a comparable government entity in another 38 state as provided in chapter 252K, do not satisfy 39 the support obligations created by a support order or 40 judgment, except as provided for in sections 598.22 and 41 598.22A . 42 Sec. ___. Section 252B.15, Code 2015, is amended to 43 read as follows: 44 252B.15 Processing and disbursement of support 45 payments. 46 1. The collection services center shall notify 47 the clerk of the district court of any order for 48 which the child support recovery unit is providing 49 enforcement services. The clerk of the district court 50 -42- H1365.2078 (2) 86 pf/tm 42/ 64 #4.
shall forward any support payment made pursuant to the 1 order, along with any support payment information, to 2 the collection services center. Unless the agreement 3 developed pursuant to section 252B.13A otherwise 4 provides, by October 1, 1999, the clerk of the district 5 court shall forward any support payment made and any 6 support payment information provided through income 7 withholding pursuant to chapter 252D , to the collection 8 services center. The collection services center shall 9 process and disburse the payment in accordance with 10 federal requirements. 11 2. Unless otherwise provided under federal law, 12 if it is possible to identify the support order to 13 which a payment is to be applied and if sufficient 14 information is provided to identify the obligee, a 15 payment received by the collection services center or 16 the clerk of the district court shall be disbursed to 17 the appropriate individual or office within two working 18 days in accordance with section 598.22 . 19 3. If the collection services center receives an 20 incorrectly submitted payment, the collection services 21 center shall promptly return the payment to the sender 22 and, if known, provide information about where to send 23 the payment. 24 4. Chapter 556 shall not apply to payments received 25 by the collection services center. 26 Sec. ___. Section 252B.16, Code 2015, is amended by 27 adding the following new subsection: 28 NEW SUBSECTION . 4. As provided in sections 29 252K.307 and 252K.319, the unit may issue and file with 30 the clerk of the district court, a notice redirecting 31 support payments to a comparable government entity 32 responsible for the processing and disbursement of 33 support payments in another state. The unit shall 34 send a copy of the notice by regular mail to the last 35 known addresses of the obligor and obligee and, where 36 applicable, shall notify the payor of income to make 37 payments as specified in the notice. The issuance and 38 filing of the notice is the equivalent of a court order 39 redirecting support. 40 Sec. ___. Section 252C.1, subsection 3, Code 2015, 41 is amended to read as follows: 42 3. “Court order” means a judgment or order of a 43 court of this state or another state requiring the 44 payment of a set or determinable amount of monetary 45 support. For orders entered on or after July 1, 1990, 46 unless the court specifically orders otherwise, medical 47 support, as defined in section 252E.1 , is not included 48 in the amount of monetary support. 49 Sec. ___. Section 252C.4, subsection 1, paragraph 50 -43- H1365.2078 (2) 86 pf/tm 43/ 64
c, Code 2015, is amended to read as follows: 1 c. If the action is the result of a request from 2 a another state or foreign jurisdiction country to 3 establish support by a responsible person located in 4 Iowa, in the county in which the responsible person 5 resides. 6 Sec. ___. Section 252C.4, subsection 7, paragraph 7 b, Code 2015, is amended to read as follows: 8 b. If the prior determination of paternity is based 9 on an administrative or court order or other means, 10 pursuant to the laws of a another state or foreign 11 jurisdiction country , an action to overcome the prior 12 determination of paternity shall be filed in that 13 jurisdiction. Unless the responsible person requests 14 and is granted a stay of an action initiated under 15 this chapter to establish child or medical support, 16 the action shall proceed as otherwise provided by this 17 chapter . 18 Sec. ___. Section 252D.1, Code 2015, is amended to 19 read as follows: 20 252D.1 Delinquent support payments. 21 If support payments ordered under this chapter or 22 chapter 232 , 234 , 252A , 252C , 252E , 252F , 598 , 600B , 23 or any other applicable chapter, or under a comparable 24 statute of a another state or foreign jurisdiction 25 country , as certified to the child support recovery 26 unit established in section 252B.2 , are not paid to the 27 clerk of the district court or the collection services 28 center pursuant to section 598.22 or, as appropriate, 29 a comparable government entity in another state as 30 provided in chapter 252K, and become delinquent in an 31 amount equal to the payment for one month, the child 32 support recovery unit may enter an ex parte order or, 33 upon application of a person entitled to receive the 34 support payments, the district court may enter an ex 35 parte order, notifying the person whose income is to 36 be withheld, of the delinquent amount, of the amount 37 of income to be withheld, and of the procedure to file 38 a motion to quash the order for income withholding, 39 and ordering the withholding of specified sums to be 40 deducted from the delinquent person’s income as defined 41 in section 252D.16 sufficient to pay the support 42 obligation and, except as provided in section 598.22 , 43 requiring the payment of such sums to the clerk of 44 the district court or the collection services center 45 or, as appropriate, a comparable government entity in 46 another state as provided in chapter 252K . Beginning 47 October 1, 1999, all All income withholding payments 48 shall be paid to the collection services center or, as 49 appropriate, a comparable government entity in another 50 -44- H1365.2078 (2) 86 pf/tm 44/ 64
state as provided in chapter 252K . Notification of 1 income withholding shall be provided to the obligor and 2 to the payor of income pursuant to section 252D.17 . 3 Sec. ___. Section 252D.16, subsection 3, Code 2015, 4 is amended to read as follows: 5 3. “Support” or “support payments” means any 6 amount which the court or administrative agency may 7 require a person to pay for the benefit of a child 8 under a temporary order or a final judgment or decree 9 entered under chapter 232 , 234 , 252A , 252C , 252F , 10 252H , 598 , 600B , or any other comparable chapter, 11 and may include child support, maintenance, medical 12 support as defined in chapter 252E , spousal support, 13 and any other term used to describe these obligations. 14 These obligations may include support for a child 15 of any age who is dependent on the parties to the 16 dissolution proceedings because of physical or mental 17 disability. The obligations may include support for 18 a child eighteen or more years of age with respect to 19 whom a child support order has been issued pursuant to 20 the laws of a another state or foreign jurisdiction 21 country . These obligations shall not include amounts 22 for a postsecondary education subsidy as defined in 23 section 598.1 . 24 Sec. ___. Section 252D.16A, Code 2015, is amended 25 to read as follows: 26 252D.16A Income withholding order —— child support 27 recovery unit. 28 If support payments are ordered under this chapter , 29 chapter 232 , 234 , 252A , 252C , 252E , 252F , 252H , 598 , 30 600B , or any other applicable chapter, or under a 31 comparable statute of a another state or foreign 32 jurisdiction country , and if income withholding 33 relative to such support payments is allowed under this 34 chapter , the child support recovery unit may enter an 35 ex parte order notifying the person whose income is to 36 be withheld of the procedure to file a motion to quash 37 the order for income withholding, and ordering the 38 withholding of sums to be deducted from the delinquent 39 person’s income as defined in section 252D.16 40 sufficient to pay the support obligation and requiring 41 the payment of such sums to the collection services 42 center or, as appropriate, a comparable government 43 entity in another state as provided in chapter 252K . 44 The child support recovery unit shall include the 45 amount of any delinquency and the amount to be withheld 46 in the notice provided to the obligor pursuant to 47 section 252D.17A . Notice of income withholding shall 48 be provided to the obligor and to the payor of income 49 pursuant to sections 252D.17 and 252D.17A . 50 -45- H1365.2078 (2) 86 pf/tm 45/ 64
Sec. ___. Section 252D.17, subsection 1, paragraphs 1 e, f, and h, Code 2015, are amended to read as follows: 2 e. The payor shall send the amounts withheld to the 3 collection services center or the clerk of the district 4 court pursuant to section 252B.14 or, as appropriate, 5 a comparable government entity in another state as 6 provided in chapter 252K, within seven business days 7 of the date the obligor is paid. “Business day” means 8 a day on which state offices are open for regular 9 business. 10 f. The payor may combine amounts withheld from the 11 obligors’ income in a single payment to the clerk of 12 the district court or to the collection services center 13 or a comparable government entity in another state as 14 provided in chapter 252K , as appropriate. Whether 15 combined or separate, payments shall be identified by 16 the name of the obligor, account number, amount, and 17 the date withheld. If payments for multiple obligors 18 are combined, the portion of the payment attributable 19 to each obligor shall be specifically identified. 20 h. If the payor, with actual knowledge and intent 21 to avoid legal obligation, fails to withhold income or 22 to pay the amounts withheld to the collection services 23 center or the clerk of court or, as appropriate, 24 a comparable government entity in another state 25 as provided in chapter 252K in accordance with the 26 provisions of the order, the notice of the order, 27 or the notification of payors of income provisions 28 established in section 252B.13A , the payor commits a 29 simple misdemeanor for a first offense and is liable 30 for the accumulated amount which should have been 31 withheld, together with costs, interest, and reasonable 32 attorney fees related to the collection of the amounts 33 due from the payor. For each subsequent offense 34 prescribed under this paragraph, the payor commits a 35 serious misdemeanor and is liable for the accumulated 36 amount which should have been withheld, together with 37 costs, interest, and reasonable attorney fees related 38 to the collection of the amounts due from the payor. 39 Sec. ___. Section 252D.18, subsection 3, Code 2015, 40 is amended to read as follows: 41 3. The court or the child support recovery unit 42 may, by ex parte order, terminate an income withholding 43 order when the current support obligation has 44 terminated and when the delinquent support obligation 45 has been fully satisfied as applicable to all of the 46 children covered by the income withholding order. 47 The unit may, by ex parte order, terminate an income 48 withholding order when the unit will no longer be 49 providing services under chapter 252B , or when a 50 -46- H1365.2078 (2) 86 pf/tm 46/ 64
another state or foreign jurisdiction country will 1 be providing services under Tit. IV-D of the federal 2 Social Security Act or a comparable law in a foreign 3 country . 4 Sec. ___. Section 252D.20, Code 2015, is amended to 5 read as follows: 6 252D.20 Administration of income withholding 7 procedures. 8 The child support recovery unit is designated as the 9 entity of the state to administer income withholding in 10 accordance with the procedures specified for keeping 11 adequate records to document, track, and monitor 12 support payments on cases subject to Tit. IV-D of the 13 federal Social Security Act. Until October 1, 1999, 14 the clerks of the district court are designated as 15 the entities for administering income withholding on 16 cases which are not subject to Tit. IV-D. Beginning 17 October 1, 1999, the The collection services center 18 is designated as the entity for administering 19 income withholding for cases which are not subject 20 to Tit. IV-D. The collection services center’s 21 responsibilities for administering income withholding 22 in cases not subject to Tit. IV-D are limited to 23 the receipt, recording, and disbursement of income 24 withholding payments and to responding to requests for 25 information on the current status of support payments 26 pursuant to section 252B.13A . Notwithstanding section 27 622.53 , in cases where the court or the child support 28 recovery unit is enforcing a an order of another state 29 or foreign judgment country through income withholding, 30 a certified copy of the underlying judgment is 31 sufficient proof of authenticity. 32 Sec. ___. Section 252D.24, Code 2015, is amended to 33 read as follows: 34 252D.24 Applicability to support orders of foreign 35 other jurisdictions. 36 1. An income withholding order may be entered to 37 enforce a support order of a another state or foreign 38 jurisdiction country . The foreign That support order 39 may be entered and filed with the clerk of the district 40 court at the time the income withholding order is 41 entered. Entry of the foreign support order of another 42 state or foreign country under this subsection does not 43 constitute registration of the order. 44 2. Income withholding for a support order issued 45 by a another state or foreign jurisdiction country is 46 governed by chapter 252K , article 5 or 6 , and this 47 chapter , as appropriate. 48 Sec. ___. Section 252D.31, subsection 3, Code 2015, 49 is amended to read as follows: 50 -47- H1365.2078 (2) 86 pf/tm 47/ 64
3. The payor shall withhold and transmit the amount 1 specified in the order or notice of the order of income 2 withholding to the clerk of the district court or the 3 collection services center or a comparable government 4 entity in another state as provided in chapter 252K , as 5 appropriate, until the notice that a motion to quash 6 has been granted is received. 7 Sec. ___. Section 252E.1, subsections 3 and 13, 8 Code 2015, are amended to read as follows: 9 3. “Child” means a person for whom child or medical 10 support may be ordered pursuant to chapter 234 , 239B , 11 252A , 252C , 252F , 252H , 252K , 598 , 600B , or any other 12 chapter of the Code or pursuant to a comparable statute 13 of a another state or foreign jurisdiction country . 14 13. “Order” means a support order entered pursuant 15 to chapter 234 , 252A , 252C , 252F , 252H , 252K , 598 , 16 600B , or any other support chapter, or pursuant to 17 a comparable statute of a another state or foreign 18 jurisdiction country , or an ex parte order entered 19 pursuant to section 252E.4 . “Order” also includes a 20 notice of such an order issued by the department. 21 Sec. ___. Section 252E.2, subsection 4, Code 2015, 22 is amended to read as follows: 23 4. A medical support order of a another state or 24 foreign jurisdiction country may be entered or filed 25 with the clerk of the district court. However, entry 26 of such a medical support order under this subsection 27 does not constitute registration of that medical 28 support order. 29 Sec. ___. Section 252F.3, subsection 3, paragraph 30 a, subparagraph (3), Code 2015, is amended to read as 31 follows: 32 (3) If the action is the result of a request 33 from a another state or foreign jurisdiction country 34 to establish paternity of a putative father located 35 in Iowa, in the county in which the putative father 36 resides. 37 Sec. ___. Section 252F.3, subsection 6, paragraph 38 f, Code 2015, is amended to read as follows: 39 f. An original copy of the test results shall 40 be filed with the clerk of the district court in the 41 county where the notice was filed. The child support 42 recovery unit shall issue a copy of the filed test 43 results to each party in person, or by regular mail 44 to the last known address of each, or if applicable, 45 to the last known address of the attorney for each. 46 However, if the action is the result of a request 47 from a another state or foreign jurisdiction country , 48 the unit shall issue a copy of the results to the 49 initiating agency in that foreign jurisdiction. 50 -48- H1365.2078 (2) 86 pf/tm 48/ 64
Sec. ___. Section 252H.2, subsection 2, paragraphs 1 g, l, and m, Code 2015, are amended to read as follows: 2 g. “Determination of controlling order” means the 3 process of identifying a child support order which 4 must be recognized pursuant to section 252K.207 and 28 5 U.S.C. §1738B, when more than one state has issued a 6 support order for the same child and the same obligor, 7 and may include a reconciliation of arrearages with 8 information related to the calculation. Registration 9 of a foreign an order of another state or foreign 10 country is not necessary for a court or the unit to 11 make a determination of controlling order. 12 l. “State” means “state” as defined in section 13 252K.101 chapter 252K . 14 m. “Support order” means an order for support 15 issued pursuant to chapter 232 , 234 , 252A , 252C , 252E , 16 252F , 252H , 598 , 600B , or any other applicable chapter, 17 or under a comparable statute of a another state or 18 foreign jurisdiction country as registered with the 19 clerk of court or certified to the child support 20 recovery unit. 21 Sec. ___. Section 252H.8, subsection 5, paragraph 22 h, Code 2015, is amended to read as follows: 23 h. A certified copy of each order, issued by 24 another state or foreign country , considered in 25 determining the controlling order. 26 Sec. ___. Section 252H.14, subsection 2, Code 2015, 27 is amended to read as follows: 28 2. The unit may periodically initiate a request to 29 a child support agency of another state or to a foreign 30 country to conduct a review of a support order entered 31 in that state when the right to any ongoing child or 32 medical support obligation due under the order is 33 currently assigned to the state of Iowa or if the order 34 does not include provisions for medical support. 35 Sec. ___. Section 252I.2, subsection 2, Code 2015, 36 is amended to read as follows: 37 2. An obligor is subject to the provisions of this 38 chapter if the obligor’s support obligation is being 39 enforced by the child support recovery unit, and if 40 the support payments ordered under chapter 232 , 234 , 41 252A , 252C , 252D , 252E , 252F , 598 , 600B , or any other 42 applicable chapter, or under a comparable statute 43 of a another state or foreign jurisdiction country , 44 as certified to the child support recovery unit, are 45 not paid to the clerk of the district court or the 46 collection services center pursuant to section 598.22 47 and become delinquent in an amount equal to the support 48 payment for one month. 49 Sec. ___. Section 252J.1, subsection 9, Code 2015, 50 -49- H1365.2078 (2) 86 pf/tm 49/ 64
is amended to read as follows: 1 9. “Support order” means an order for support 2 issued pursuant to chapter 232 , 234 , 252A , 252C , 252D , 3 252E , 252F , 252H , 598 , 600B , or any other applicable 4 chapter, or under a comparable statute of a another 5 state or foreign jurisdiction country as registered 6 with the clerk of the district court or certified to 7 the child support recovery unit. 8 Sec. ___. Section 252J.6, subsection 2, paragraph 9 d, subparagraph (1), subparagraph division (b), Code 10 2015, is amended to read as follows: 11 (b) If the action is a result of section 252J.2, 12 subsection 2 , paragraph “b” , and the individual is not 13 an obligor, in the county in which the dependent child 14 or children reside if the child or children reside in 15 Iowa; in the county in which the dependent child or 16 children last received public assistance if the child 17 or children received public assistance in Iowa; or 18 in the county in which the individual resides if the 19 action is the result of a request from a child support 20 agency in a another state or foreign jurisdiction 21 country . 22 Sec. ___. Section 252J.9, subsection 1, paragraph 23 b, Code 2015, is amended to read as follows: 24 b. If the action is a result of section 252J.2, 25 subsection 2 , paragraph “b” , and the individual is not 26 an obligor, in a county in which the dependent child 27 or children reside if the child or children reside in 28 Iowa; in the county in which the dependent child or 29 children last received public assistance if the child 30 or children received public assistance in Iowa; or 31 in the county in which the individual resides if the 32 action is the result of a request from a child support 33 agency in a another state or foreign jurisdiction 34 country . 35 Sec. ___. Section 598.2A, Code 2015, is amended to 36 read as follows: 37 598.2A Choice of law. 38 In a proceeding to establish, modify, or enforce a 39 child support order the forum state’s law shall apply 40 except as follows: 41 1. In interpreting a child support order, a court 42 shall apply the law of the state of the court or 43 administrative agency that issued the order. 44 2. In an action to enforce a child support order, 45 a court shall apply the statute of limitations of the 46 forum state or the state of the court or administrative 47 agency that issued the order, whichever statute 48 provides the longer period of limitations provided in 49 section 252K.604 . 50 -50- H1365.2078 (2) 86 pf/tm 50/ 64
Sec. ___. Section 598.21E, subsection 1, paragraph 1 b, Code 2015, is amended to read as follows: 2 b. If a determination of paternity is based on an 3 administrative or court order or other means pursuant 4 to the laws of a another state or foreign jurisdiction 5 country as defined in chapter 252K , any action to 6 overcome the prior determination of paternity shall 7 be filed in that jurisdiction. Unless a stay of the 8 action initiated in this state to establish child or 9 medical support is requested and granted by the court, 10 pending a resolution of the contested paternity issue 11 by the other state or foreign jurisdiction country as 12 defined in chapter 252K , the action shall proceed. 13 Sec. ___. Section 598.22, Code 2015, is amended to 14 read as follows: 15 598.22 Support payments —— clerk of court —— 16 collection services center or comparable government 17 entity in another state —— defaults —— security. 18 1. Except as otherwise provided in section 598.22A , 19 this section applies to all initial or modified orders 20 for support entered under this chapter , chapter 234 , 21 252A , 252C , 252F , 600B , or any other chapter of the 22 Code. All orders or judgments entered under chapter 23 234 , 252A , 252C , 252F , or 600B , or under this chapter 24 or any other chapter which provide for temporary or 25 permanent support payments shall direct the payment 26 of those sums to the clerk of the district court or 27 the collection services center in accordance with 28 section 252B.14 , or as appropriate, a comparable 29 government entity in another state as provided in 30 chapter 252K for the use of the person for whom the 31 payments have been awarded. Beginning October 1, 32 1999, all All income withholding payments shall be 33 directed to the collection services center , or as 34 appropriate, a comparable government entity in another 35 state as provided in chapter 252K . Payments to 36 persons other than the clerk of the district court , 37 and the collection services center , or as appropriate, 38 a comparable government entity in another state as 39 provided in chapter 252K do not satisfy the support 40 obligations created by the orders or judgments, 41 except as provided for trusts governed by the federal 42 Retirement Equity Act of 1984, Pub. L. No. 98-397, for 43 tax refunds or rebates in section 602.8102, subsection 44 47 , or for dependent benefits paid to the child support 45 obligee as the result of disability benefits awarded 46 to the child support obligor under the federal Social 47 Security Act. For trusts governed by the federal 48 Retirement Equity Act of 1984, Pub. L. No. 98-397, the 49 order for income withholding or notice of the order 50 -51- H1365.2078 (2) 86 pf/tm 51/ 64
for income withholding shall require the payment of 1 such sums to the alternate payee in accordance with the 2 federal Act. For dependent benefits paid to the child 3 support obligee as a result of disability benefits 4 awarded to the child support obligor under the federal 5 Social Security Act, the provisions of section 598.22C 6 shall apply. 7 2. An income withholding order or notice of the 8 order for income withholding shall be entered under the 9 terms and conditions of chapter 252D . However, for 10 trusts governed by the federal Retirement Equity Act of 11 1984, Pub. L. No. 98-397, the payor shall transmit the 12 payments to the alternate payee in accordance with the 13 federal Act. 14 3. An order or judgment entered by the court 15 for temporary or permanent support or for income 16 withholding shall be filed with the clerk. The orders 17 have the same force and effect as judgments when 18 entered in the judgment docket and lien index and are 19 records open to the public. Unless otherwise provided 20 by federal law, if it is possible to identify the 21 support order to which a payment is to be applied, and 22 if sufficient information identifying the obligee is 23 provided, the clerk or the collection services center, 24 as appropriate, shall disburse the payments received 25 pursuant to the orders or judgments within two working 26 days of the receipt of the payments. All moneys 27 received or disbursed under this section shall be 28 entered in records kept by the clerk, or the collection 29 services center, as appropriate, and the records kept 30 by the clerk shall be available to the public. The 31 clerk or the collection services center shall not 32 enter any moneys paid in the record book if not paid 33 directly to the clerk or the center, as appropriate, 34 except as provided for trusts and federal social 35 security disability payments in this section , and for 36 tax refunds or rebates in section 602.8102, subsection 37 47 , or as appropriate, a comparable government entity 38 in another state as provided in chapter 252K . 39 4. If the sums ordered to be paid in a support 40 payment order are not paid to the clerk or the 41 collection services center, or a comparable government 42 entity in another state as provided in chapter 252K, 43 as appropriate, at the time provided in the order or 44 judgment, the clerk or the collection services center, 45 as appropriate, shall certify a default to the court 46 which may, on its own motion, proceed as provided in 47 section 598.23 . 48 5. Prompt payment of sums required to be paid under 49 sections 598.10 , 598.21A , 598.21B , 598.21C , 598.21E , 50 -52- H1365.2078 (2) 86 pf/tm 52/ 64
and 598.21F is the essence of such orders or judgments 1 and the court may act pursuant to section 598.23 2 regardless of whether the amounts in default are paid 3 prior to the contempt hearing. 4 6. Upon entry of an order for support or upon the 5 failure of a person to make payments pursuant to an 6 order for support, the court may require the person to 7 provide security, a bond, or other guarantee which the 8 court determines is satisfactory to secure the payment 9 of the support. Upon the person’s failure to pay the 10 support under the order, the court may declare the 11 security, bond, or other guarantee forfeited. 12 7. For the purpose of enforcement, medical support 13 is additional support which, upon being reduced to 14 a dollar amount, may be collected through the same 15 remedies available for the collection and enforcement 16 of child support. 17 8. The clerk of the district court in the county 18 in which the order for support is filed and to whom 19 support payments are made pursuant to the order may 20 require the person obligated to pay support to submit 21 payments by bank draft or money order if the obligor 22 submits an insufficient funds support payment to the 23 clerk of the district court. 24 Sec. ___. Section 598.22B, subsection 1, Code 2015, 25 is amended to read as follows: 26 1. All such orders or judgments shall direct each 27 party to file with the clerk of court or the child 28 support recovery unit, as appropriate, upon entry of 29 the order, and to update as appropriate, information on 30 location and identity of the party, including social 31 security number, residential and mailing addresses, 32 electronic mail address, telephone number, driver’s 33 license number, and name, address, and telephone 34 number of the party’s employer. The order shall also 35 include a provision that the information filed will be 36 disclosed and used pursuant to this section . The party 37 shall file the information with the clerk of court, 38 or, if all support payments are to be directed to the 39 collection services center as provided in section 40 252B.14, subsection 2 , and section 252B.16 , with the 41 child support recovery unit. 42 Sec. ___. Section 598.23A, subsection 1, Code 2015, 43 is amended to read as follows: 44 1. If a person against whom an order or decree 45 for support has been entered pursuant to this chapter 46 or chapter 234 , 252A , 252C , 252F , 600B , or any other 47 support chapter, or a comparable chapter of a another 48 state or foreign jurisdiction country as defined in 49 chapter 252K , fails to make payments or provide medical 50 -53- H1365.2078 (2) 86 pf/tm 53/ 64
support pursuant to that order or decree, the person 1 may be cited and punished by the court for contempt 2 under section 598.23 or this section . Failure to 3 comply with a seek employment order entered pursuant to 4 section 252B.21 is evidence of willful failure to pay 5 support. 6 Sec. ___. Section 600B.41A, subsection 2, paragraph 7 a, Code 2015, is amended to read as follows: 8 a. A paternity determination made in or by a 9 another state or foreign jurisdiction country as 10 defined in chapter 252K or a paternity determination 11 which has been made in or by a foreign that 12 jurisdiction and registered in this state in accordance 13 with section 252A.18 or chapter 252K . 14 Sec. ___. Section 602.8102, subsection 47, Code 15 2015, is amended to read as follows: 16 47. Record support payments made pursuant to an 17 order entered under chapter 252A , 252F , 598 , or 600B , 18 or under a comparable statute of a another state or 19 foreign jurisdiction country as defined in chapter 20 252K, and through setoff of a state or federal income 21 tax refund or rebate, as if the payments were received 22 and disbursed by the clerk; forward support payments 23 received under section 252A.6 to the department 24 of human services and furnish copies of orders and 25 decrees awarding support to parties receiving welfare 26 assistance as provided in section 252A.13 . 27 Sec. ___. REPEAL. Section 252A.17, Code 2015, is 28 repealed. 29 DIVISION ___ 30 SUSPENSION OF SUPPORT 31 Sec. ___. Section 252B.20, Code 2015, is amended to 32 read as follows: 33 252B.20 Suspension of support —— request by mutual 34 consent . 35 1. If the unit is providing child support 36 enforcement services pursuant to this chapter , the 37 parents of a dependent child for whom support has been 38 ordered pursuant to chapter 252A , 252C , 252F , 598 , 39 600B , or any other chapter, may jointly request the 40 assistance of the unit in suspending the obligation for 41 support if all of the following conditions exist: 42 a. The parents have reconciled and are cohabiting, 43 and the child for whom support is ordered is living 44 in the same residence as the parents, or the child is 45 currently residing with the parent who is ordered to 46 pay support. If the basis for suspension under this 47 paragraph applies to at least one but not all of the 48 children for whom support is ordered, the condition 49 of this paragraph is met only if the support order 50 -54- H1365.2078 (2) 86 pf/tm 54/ 64
includes a step change. 1 b. The child for whom support is ordered is not 2 receiving public assistance pursuant to chapter 239B , 3 249A , or a comparable law of a another state or foreign 4 jurisdiction country , unless the person against whom 5 support is ordered is considered to be a member of the 6 same household as the child for the purposes of public 7 assistance eligibility. 8 c. The parents have signed a notarized affidavit 9 attesting to the conditions under paragraphs “a” and 10 “b” , have consented to suspension of the support order 11 or obligation, and have submitted the affidavit to the 12 unit. 13 d. No prior request for suspension has been filed 14 with the unit under this section and no prior request 15 for suspension has been served by the unit under 16 section 252B.20A during the two-year period preceding 17 the request , unless the request was filed during the 18 two-year period preceding July 1, 2005, the unit denied 19 the request because the suspension did not apply to all 20 children for whom support is ordered, and the parents 21 jointly file a request on or after July 1, 2005 . 22 e. Any other criteria established by rule of the 23 department. 24 2. Upon receipt of the application for suspension 25 and properly executed and notarized affidavit, the unit 26 shall review the application and affidavit to determine 27 that the necessary criteria have been met. The unit 28 shall then do one of the following: 29 a. Deny the request and notify the parents in 30 writing that the application is being denied, providing 31 reasons for the denial and notifying the parents of 32 the right to proceed through private counsel. Denial 33 of the application is not subject to contested case 34 proceedings or further review pursuant to chapter 17A . 35 b. Approve the request and prepare an order which 36 shall be submitted, along with the affidavit, to a 37 judge of a district court for approval, suspending 38 the accruing support obligation and, if requested by 39 the obligee, and if not prohibited by chapter 252K , 40 satisfying the obligation of support due the obligee. 41 If the basis for suspension applies to at least one but 42 not all of the children for whom support is ordered 43 and the support order includes a step change, the 44 unit shall prepare an order suspending the accruing 45 support obligation for each child to whom the basis for 46 suspension applies. 47 3. An order approved by the court for suspension 48 of an accruing support obligation is effective 49 upon the date of filing of the suspension order. 50 -55- H1365.2078 (2) 86 pf/tm 55/ 64
The satisfaction of an obligation of support due 1 the obligee shall be final upon the filing of the 2 suspension order. A support obligation which is 3 satisfied is not subject to the reinstatement 4 provisions of this section . 5 4. An order suspending an accruing support 6 obligation entered by the court pursuant to this 7 section shall be considered a temporary order for the 8 period of six months from the date of filing of the 9 suspension order. However, the six-month period shall 10 not include any time during which an application for 11 reinstatement is pending before the court. 12 5. During the six-month period the unit may request 13 that the court reinstate the accruing support order or 14 obligation if any of the following conditions exist: 15 a. Upon application to the unit by either parent or 16 other person who has physical custody of the child. 17 b. Upon the receipt of public assistance benefits, 18 pursuant to chapter 239B , 249A , or a comparable law of 19 a another state or foreign jurisdiction country , by the 20 person entitled to receive support and the child on 21 whose behalf support is paid, provided that the person 22 owing the support is not considered to be a member of 23 the same household as the child for the purposes of 24 public assistance eligibility. 25 6. If a condition under subsection 5 exists, the 26 unit may request that the court reinstate an accruing 27 support obligation as follows: 28 a. If the basis for the suspension no longer 29 applies to any of the children for whom an accruing 30 support obligation was suspended, the unit shall 31 request that the court reinstate the accruing support 32 obligations for all of the children. 33 b. If the basis for the suspension continues to 34 apply to at least one but not all of the children for 35 whom an accruing support obligation was suspended and 36 if the support order includes a step change, the unit 37 shall request that the court reinstate the accruing 38 support obligation for each child for whom the basis 39 for the suspension no longer applies. 40 7. Upon filing of an application for reinstatement, 41 service of the application shall be made either in 42 person or by first class mail upon both parents. 43 Within ten days following the date of service, the 44 parents may file a written objection with the clerk 45 of the district court to the entry of an order for 46 reinstatement. 47 a. If no objection is filed, the court may enter 48 an order reinstating the accruing support obligation 49 without additional notice. 50 -56- H1365.2078 (2) 86 pf/tm 56/ 64
b. If an objection is filed, the clerk of court 1 shall set the matter for hearing and send notice of the 2 hearing to both parents and the unit. 3 8. The reinstatement is effective as follows: 4 a. For reinstatements initiated under subsection 5 , 5 paragraph “a” , the date the notices were served on both 6 parents pursuant to subsection 7 . 7 b. For reinstatements initiated under subsection 8 5 , paragraph “b” , the date the child began receiving 9 public assistance benefits during the suspension of the 10 obligation. 11 c. Support which became due during the period of 12 suspension but prior to the reinstatement is waived 13 and not due and owing unless the parties requested and 14 agreed to the suspension under false pretenses. 15 9. If the order suspending a support obligation has 16 been on file with the court for a period exceeding six 17 months as computed pursuant to subsection 4 , the order 18 becomes final by operation of law and terminates the 19 support obligation, and thereafter, a party seeking to 20 establish a support obligation against either party 21 shall bring a new action for support as provided by 22 law. 23 10. This section shall not limit the rights of 24 the parents or the unit to proceed by other means to 25 suspend, terminate, modify, reinstate, or establish 26 support. 27 11. This section does not provide for the 28 suspension or retroactive modification of support 29 obligations which accrued prior to the entry of 30 an order suspending enforcement and collection of 31 support pursuant to this section . However, if in 32 the application for suspension, an obligee elects 33 to satisfy an obligation of accrued support due 34 the obligee, the suspension order may satisfy the 35 obligation of accrued support due the obligee. 36 12. Nothing in this section shall prohibit or limit 37 the unit or a party entitled to receive support from 38 enforcing and collecting any unpaid or unsatisfied 39 support that accrued prior to the suspension of the 40 accruing obligation. 41 13. For the purposes of chapter 252H, subchapter 42 II, regarding the criteria for a review or for 43 a cost-of-living alteration under chapter 252H, 44 subchapter IV , if a support obligation is terminated 45 or reinstated under this section , such termination or 46 reinstatement shall not be considered a modification 47 of the support order. 48 14. As used in this section , unless the context 49 otherwise requires, “step change” means a change 50 -57- H1365.2078 (2) 86 pf/tm 57/ 64
designated in a support order specifying the amount of 1 the child support obligation as the number of children 2 entitled to support under the order changes. 3 15. As specified in this section, if the child 4 for whom support is ordered is not receiving public 5 assistance pursuant to chapter 239B, 249A, or a 6 comparable law of another state or foreign country, 7 upon agreement of the parents, the unit may facilitate 8 the suspension of the child support order or obligation 9 if the child is residing with a caretaker, who is a 10 natural person, and who has not requested the unit 11 to provide services under this chapter. The parents 12 and the caretaker shall sign a notarized affidavit 13 attesting to the conditions under this section, consent 14 to the suspension of the support order or obligation, 15 and submit the affidavit to the unit. Upon the 16 receipt of public assistance benefits pursuant to 17 chapter 239B, 249A, or a comparable law of another 18 state or foreign country, by the child on whose behalf 19 support is ordered, or upon application to the unit by 20 either parent or the caretaker, the unit may, within 21 the time periods specified in this section, request 22 the reinstatement of the accruing support order or 23 obligation pursuant to this section. 24 16. The department may adopt all necessary and 25 proper rules to administer and interpret this section. 26 Sec. ___. NEW SECTION . 252B.20A Suspension of 27 support —— request by one party. 28 1. If the unit is providing child support 29 enforcement services pursuant to this chapter, the 30 obligor who is ordered to pay support for the dependent 31 child pursuant to chapter 252A, 252C, or 252F, may 32 request the assistance of the unit in suspending 33 the obligation for support if all of the following 34 conditions exist: 35 a. The child is currently residing with the obligor 36 and has been for more than sixty consecutive days. If 37 the basis for suspension under this paragraph applies 38 to at least one but not all of the children for whom 39 support is ordered, the condition of this paragraph is 40 met only if the support order includes a step change. 41 b. There is no order in effect regarding legal 42 custody, physical care, visitation, or other parenting 43 time for the child. 44 c. It is reasonably expected that the basis for 45 suspension under this section will continue for not 46 less than six months. 47 d. The child for whom support is ordered is not 48 receiving public assistance pursuant to chapter 239B, 49 249A, or a comparable law of another state or foreign 50 -58- H1365.2078 (2) 86 pf/tm 58/ 64
country, unless the obligor is considered to be a 1 member of the same household as the child for the 2 purposes of public assistance eligibility. 3 e. The obligor has signed a notarized affidavit, 4 provided by the unit, attesting to the existence 5 of the conditions under paragraphs “a” through “d” , 6 has requested suspension of the support order or 7 obligation, and has submitted the affidavit to the 8 unit. 9 f. No prior request for suspension has been served 10 under this section, and no prior request for suspension 11 has been filed with the unit pursuant to section 12 252B.20, during the two-year period preceding the 13 request. 14 g. Any other criteria established by rule of the 15 department. 16 2. Upon receipt of the application for suspension 17 and properly executed and notarized affidavit, the unit 18 shall review the application and affidavit to determine 19 that the criteria have been met. The unit shall then 20 do one of the following: 21 a. If the unit determines the criteria have not 22 been met, deny the request and notify the obligor in 23 writing that the application is being denied, providing 24 reasons for the denial and notifying the obligor of 25 the right to proceed through private counsel. Denial 26 of the application is not subject to contested case 27 proceedings or further review pursuant to chapter 17A. 28 b. If the unit determines the criteria have 29 been met, serve a copy of the notice and supporting 30 documents on the obligee by any means provided in 31 section 252B.26. The notice to the obligee shall 32 include all of the following: 33 (1) Information sufficient to identify the parties 34 and the support order affected. 35 (2) An explanation of the procedure for suspension 36 and reinstatement of support under this section. 37 (3) An explanation of the rights and 38 responsibilities of the obligee, including the 39 applicable procedural time frames. 40 (4) A statement that within twenty days of service, 41 the obligee must submit a signed and notarized 42 response to the unit objecting to at least one of the 43 assertions in subsection 1, paragraphs “a” through 44 “d” . The statement shall inform the obligee that if, 45 within twenty days of service, the obligee fails to 46 submit a response as specified in this subparagraph, 47 notwithstanding rules of civil procedure 1.972(2) and 48 1.972(3), the unit will prepare and submit an order as 49 provided in subsection 3, paragraph “b” . 50 -59- H1365.2078 (2) 86 pf/tm 59/ 64
3. No sooner than thirty days after service on the 1 obligee under subsection 2, paragraph “b” , the unit 2 shall do one of the following: 3 a. If the obligee submits a signed and notarized 4 objection to any assertion in subsection 1, paragraphs 5 “a” through “d” , deny the request and notify the 6 parties in writing that the application is denied, 7 providing reasons for the denial, and notifying 8 the parties of the right to proceed through private 9 counsel. Denial of the application is not subject to 10 contested case proceedings or further review pursuant 11 to chapter 17A. 12 b. If the obligee does not timely submit a signed 13 and notarized objection to the unit, prepare an 14 order which shall be submitted, along with supporting 15 documents, to a judge of a district court for approval, 16 suspending the accruing support obligation. If the 17 basis for suspension applies to at least one but 18 not all of the children for whom support is ordered 19 and the support order includes a step change, the 20 unit shall prepare an order suspending the accruing 21 support obligation for each child to whom the basis for 22 suspension applies. 23 4. An order approved by the court for suspension of 24 an accruing support obligation is effective upon the 25 date of filing of the suspension order. 26 5. An order suspending an accruing support 27 obligation entered by the court pursuant to this 28 section shall be considered a temporary order for the 29 period of six months from the date of filing of the 30 suspension order. However, the six-month period shall 31 not include any time during which an application for 32 reinstatement is pending before the court. 33 6. During the six-month period, the unit may 34 request that the court reinstate the accruing support 35 order or obligation if any of the following conditions 36 exist: 37 a. Upon application to the unit by either party or 38 other person who has physical custody of the child. 39 b. Upon the receipt of public assistance benefits 40 pursuant to chapter 239B, 249A, or a comparable law 41 of another state or foreign country, by the person 42 entitled to receive support and the child on whose 43 behalf support is paid, provided that the person owing 44 the support is not considered to be a member of the 45 same household as the child for the purposes of public 46 assistance eligibility. 47 7. If a condition under subsection 6 exists, the 48 unit may request that the court reinstate an accruing 49 support obligation as follows: 50 -60- H1365.2078 (2) 86 pf/tm 60/ 64
a. If the basis for the suspension no longer 1 applies to any of the children for whom an accruing 2 support obligation was suspended, the unit shall 3 request that the court reinstate the accruing support 4 obligations for all of the children. 5 b. If the basis for the suspension continues to 6 apply to at least one but not all of the children for 7 whom an accruing support obligation was suspended and 8 if the support order includes a step change, the unit 9 shall request that the court reinstate the accruing 10 support obligation for each child for whom the basis 11 for the suspension no longer applies. 12 8. Upon filing of an application for reinstatement, 13 service of the application shall be made either in 14 person or by first class mail upon the parties. Within 15 ten days following the date of service, a party may 16 file a written objection with the clerk of the district 17 court to the entry of an order for reinstatement. 18 a. If no objection is filed, the court may enter 19 an order reinstating the accruing support obligation 20 without additional notice. 21 b. If an objection is filed, the clerk of court 22 shall set the matter for hearing and send notice of the 23 hearing to the parties and the unit. 24 9. a. The reinstatement is effective as follows: 25 (1) For reinstatements initiated under subsection 26 6, paragraph “a” , the date the notices were served on 27 the parties pursuant to subsection 8. 28 (2) For reinstatements initiated under subsection 29 6, paragraph “b” , the date the child began receiving 30 public assistance benefits during the suspension of the 31 obligation. 32 b. Support which became due during the period of 33 suspension but prior to the reinstatement is waived and 34 not due and owing unless the suspension was made under 35 false pretenses. 36 10. If the order suspending a support obligation 37 has been on file with the court for a period exceeding 38 six months as computed pursuant to subsection 5, the 39 order becomes final by operation of law and terminates 40 the support obligation, and thereafter, a party seeking 41 to establish a support obligation against either party 42 shall bring a new action for support as provided by 43 law. 44 11. Legal representation of the unit shall be 45 provided pursuant to section 252B.7, subsection 4. 46 12. This section shall not limit the rights of a 47 party or the unit to proceed by other means to suspend, 48 terminate, modify, reinstate, or establish support. 49 13. This section does not provide for the 50 -61- H1365.2078 (2) 86 pf/tm 61/ 64
suspension or retroactive modification of support 1 obligations which accrued prior to the entry of an 2 order suspending enforcement and collection of support 3 pursuant to this section. 4 14. Nothing in this section shall prohibit or limit 5 the unit or a party entitled to receive support from 6 enforcing and collecting any unpaid or unsatisfied 7 support that accrued prior to the suspension of the 8 accruing obligation. 9 15. For the purposes of chapter 252H regarding 10 the criteria for a review under subchapter II of 11 that chapter or for a cost-of-living alteration under 12 subchapter IV of that chapter, if a support obligation 13 is terminated or reinstated under this section, such 14 termination or reinstatement shall not be considered a 15 modification of the support order. 16 16. As used in this section, unless the context 17 otherwise requires, “step change” means a change 18 designated in a support order specifying the amount of 19 the child support obligation as the number of children 20 entitled to support under the order changes. 21 17. As specified in this section, if the child 22 for whom support is ordered is not receiving public 23 assistance pursuant to chapter 239B, 249A, or a 24 comparable law of another state or foreign country, 25 upon request by the obligor, the unit may facilitate 26 the suspension of the child support order or obligation 27 if the child is residing with a caretaker, who is a 28 natural person, and who has not requested the unit 29 to provide services under this chapter. The obligor 30 and the caretaker shall sign a notarized affidavit 31 attesting to the conditions under this section, consent 32 to the suspension of the support order or obligation, 33 and submit the affidavit to the unit. Upon the 34 receipt of public assistance benefits pursuant to 35 chapter 239B, 249A, or a comparable law of another 36 state or foreign country, by the child on whose behalf 37 support is ordered, or upon application to the unit by 38 either party or the caretaker, the unit may, within 39 the time periods specified in this section, request 40 the reinstatement of the accruing support order or 41 obligation pursuant to this section. 42 18. The department may adopt all necessary and 43 proper rules to administer and interpret this section. 44 Sec. ___. Section 252B.26, unnumbered paragraph 1, 45 Code 2015, is amended to read as follows: 46 Notwithstanding any provision of law to the 47 contrary, the unit may serve a petition, notice, or 48 rule to show cause under this chapter or chapter 252A , 49 252C , 252F , 252H , 252K , 598 , or 665 as specified in 50 -62- H1365.2078 (2) 86 pf/tm 62/ 64
each chapter, or as follows: 1 Sec. ___. ADMINISTRATIVE RULES —— 2 TRANSITION. Until the department of human services 3 adopts rules pursuant to chapter 17A necessary to 4 administer this division of this Act, all of the 5 following shall apply: 6 1. The child support recovery unit may initiate 7 proceedings to suspend and reinstate support orders in 8 accordance with section 252B.20, as amended in this 9 division of this Act. 10 2. The child support recovery unit may, to the 11 extent appropriate, apply and utilize procedures, 12 rules, and forms substantially similar to those 13 applicable and utilized pursuant to section 252B.20 14 for proceedings initiated in accordance with section 15 252B.20A, as enacted in this division of this Act. 16 Sec. ___. EFFECTIVE DATE. This division of this 17 Act takes effect January 1, 2016. 18 DIVISION ___ 19 GENETIC TESTING 20 Sec. ___. Section 252F.3, subsection 6, paragraph 21 a, Code 2015, is amended to read as follows: 22 a. If a party contests the establishment of 23 paternity, the party shall submit, within twenty 24 days of service of the notice on the party under 25 subsection 1 , a written statement contesting paternity 26 establishment to the unit. Upon receipt of a written 27 challenge of paternity establishment, or upon 28 initiation by the unit, the administrator shall enter 29 ex parte administrative orders requiring the mother, 30 child or children involved, and the putative father 31 to submit to paternity testing , except that if the 32 mother and child or children previously submitted blood 33 or genetic specimens in a prior action to establish 34 paternity against a different putative father, the 35 previously submitted specimens and prior results, if 36 available, may be utilized for testing in this action . 37 Either the mother or putative father may contest 38 paternity under this chapter . 39 Sec. ___. Section 600B.41, subsection 1, Code 2015, 40 is amended to read as follows: 41 1. In a proceeding to establish paternity in law 42 or in equity the court may on its own motion, and upon 43 request of a party shall, require the child, mother, 44 and alleged father to submit to blood or genetic 45 tests , except that if the mother and child previously 46 submitted blood or genetic specimens in a prior action 47 to establish paternity against a different alleged 48 father, the previously submitted specimens and prior 49 results, if available, may be utilized for testing in 50 -63- H1365.2078 (2) 86 pf/tm 63/ 64
this action . > 1 2. By renumbering as necessary. 2 ______________________________ HEDDENS of Story -64- H1365.2078 (2) 86 pf/tm 64/ 64 #2.