House File 2475 - Introduced
HOUSE FILE
BY HUSER and HEDDENS
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to modification of a child support or custody
2 order following a dispositional or permanency hearing relating
3 to juvenile delinquency and child in need of assistance
4 proceedings.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 6172HH 81
7 pf/je/5
PAG LIN
1 1 Section 1. Section 232.4, Code 2005, is amended to read as
1 2 follows:
1 3 232.4 JURISDICTION == SUPPORT OBLIGATION.
1 4 1. Notwithstanding any other provision of this chapter,
1 5 and for the purposes of establishing a parental liability
1 6 obligation for a child under the jurisdiction of the juvenile
1 7 court, a support obligation shall be established pursuant to
1 8 section 234.39.
1 9 2. a. Notwithstanding any provision of the Code to the
1 10 contrary, and for the purposes of modifying a child support
1 11 order of a child under the jurisdiction of the juvenile court,
1 12 if the dispositional order of the juvenile court transfers the
1 13 legal custody of the child from a custodial parent to a parent
1 14 who had not previously been awarded physical care of the child
1 15 and who is subject to payment of child support pursuant to a
1 16 support order entered under chapter 234, 252A, 252C, 252F,
1 17 598, 600B, or any other chapter of the Code, the transfer
1 18 constitutes a substantial change in circumstances pursuant to
1 19 section 598.21C, subsection 1, paragraph "k", and the juvenile
1 20 court shall order the clerk of the district court or the
1 21 collection services center, as applicable, to suspend any
1 22 support payments ordered paid to the former custodial parent
1 23 beginning on the date the dispositional order is entered.
1 24 Unpaid support accrued prior to the date of entry of the
1 25 dispositional order remains due and owing. The juvenile court
1 26 shall notify the clerk of the district court or the collection
1 27 services center of any termination, modification, vacation, or
1 28 substitution of the dispositional order which transfers the
1 29 legal custody of the child from the parent who had not
1 30 previously been awarded physical care of the child.
1 31 b. Notwithstanding any provision of the Code to the
1 32 contrary, and for the purposes of modifying a custody order or
1 33 a child support order of a child under the jurisdiction of the
1 34 juvenile court, if the permanency order of the juvenile court
1 35 issued pursuant to section 232.58 or 232.104 transfers the
2 1 legal custody of the child from a custodial parent to a parent
2 2 who had not previously been awarded physical care of the child
2 3 and who is subject to payment of child support pursuant to a
2 4 support order entered under chapter 234, 252A, 252C, 252F,
2 5 598, 600B, or any other chapter of the Code, the transfer
2 6 constitutes a substantial change in circumstances pursuant to
2 7 section 598.21C, subsection 1, paragraph "k" and for the
2 8 purposes of section 598.41. Upon the issuance of the
2 9 permanency order as described in this paragraph, the juvenile
2 10 court shall submit a copy of the permanency order to the
2 11 district court. Based upon the permanency order submitted,
2 12 the district court shall modify any existing custody or child
2 13 support order to reflect the provisions of the permanency
2 14 order. Any filing fee or court costs for an order under this
2 15 paragraph shall be waived. Unpaid support accrued prior to
2 16 the transfer of legal custody referred to in this paragraph
2 17 remains due and owing.
2 18 Sec. 2. Section 598.21C, subsection 1, paragraph k, Code
2 19 Supplement 2005, is amended to read as follows:
2 20 k. Entry of a dispositional or permanency order in
2 21 juvenile court pursuant to chapter 232 placing custody or
2 22 physical care of a child with a party who is obligated to pay
2 23 support for a child.
2 24 EXPLANATION
2 25 This bill provides for suspension of child support and
2 26 modification of child support and child custody orders
2 27 relating to juvenile delinquency and child in need of
2 28 assistance proceedings.
2 29 The bill provides that for the purposes of modifying a
2 30 child support order of a child under the jurisdiction of the
2 31 juvenile court, if the dispositional order of the juvenile
2 32 court transfers the legal custody of the child from a
2 33 custodial parent to a parent who had not previously been
2 34 awarded physical care of the child and who is subject to
2 35 payment of child support, the transfer constitutes a
3 1 substantial change in circumstances and the juvenile court
3 2 shall order the clerk of the district court or the collection
3 3 services center, as applicable, to suspend any support
3 4 payments ordered paid to the former custodial parent beginning
3 5 on the date the dispositional order is entered. Any unpaid
3 6 support accrued prior to that date remains due and owing. The
3 7 juvenile court is required to notify the clerk of the district
3 8 court or the collection services center of any change in the
3 9 dispositional order which transfers the legal custody of the
3 10 child from the parent who had not previously been awarded
3 11 physical care of the child.
3 12 Additionally, for the purposes of modifying a custody order
3 13 or a child support order of a child under the jurisdiction of
3 14 the juvenile court, if the permanency order of the juvenile
3 15 court transfers the legal custody of the child from a
3 16 custodial parent to a parent who had not previously been
3 17 awarded physical care of the child and who is subject to
3 18 payment of child support, the transfer constitutes a
3 19 substantial change in circumstances. The bill directs the
3 20 juvenile court, upon the issuance of the permanency order, to
3 21 submit a copy of the permanency order to the district court.
3 22 The bill directs the district court to then modify any
3 23 existing custody or child support order to reflect the
3 24 provisions of the permanency order. The bill waives any
3 25 filing fee or court costs for an order issued under these
3 26 provisions. Unpaid support accrued prior to the transfer of
3 27 legal custody remains due and owing.
3 28 The bill also makes a conforming change to provide that
3 29 entry of either a dispositional or permanency order in
3 30 juvenile court placing custody or physical care of a child
3 31 with a party who is obligated to pay support for a child is a
3 32 substantial change in circumstances for the purposes of
3 33 modification of a child support order.
3 34 LSB 6172HH 81
3 35 pf:nh/je/5.1