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