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