House File 491 - Introduced



                                       HOUSE FILE       
                                       BY  HOGG


    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 order for
  2    parents engaged in active military service, and providing a
  3    standing appropriation.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1972HH 81
  6 pf/pj/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  252B.25  ACTIVE DUTY ==
  1  2 MODIFICATION OF SUPPORT ORDER == STANDING APPROPRIATION.
  1  3    1.  Notwithstanding any other provision of law to the
  1  4 contrary, if an obligor engaged in active duty experiences a
  1  5 reduction in income due to such active duty, the reduction in
  1  6 income constitutes a substantial change in circumstances for
  1  7 purposes of modification of any child support order to which
  1  8 the obligor is subject, as provided in this section.
  1  9    2.  a.  Upon receipt of a notarized letter from the
  1 10 commanding officer of the obligor engaged in active duty which
  1 11 contains the date of the commencement of active duty and the
  1 12 compensation of the obligor for such active duty, if the unit
  1 13 determines that the obligor has experienced a reduction in
  1 14 income due to such active duty, the unit shall do all of the
  1 15 following relating to the obligor's income upon which the
  1 16 current support order is based:
  1 17    (1)  Mail a copy of the notarized letter to the obligee
  1 18 with a notice informing the obligee that the letter
  1 19 constitutes a petition for modification of child support
  1 20 during the obligor's active duty.
  1 21    (2)  Take appropriate action to seek a temporary
  1 22 modification of the support order in accordance with the
  1 23 guidelines established pursuant to section 598.21, subsection
  1 24 4.  The modification shall be retroactive to the date the
  1 25 obligee was mailed a copy of the notarized letter.
  1 26    b.  Receipt of the notarized letter by the unit constitutes
  1 27 an application for services under this chapter.
  1 28    3.  Upon discharge from active duty, the obligor shall
  1 29 notify the unit.  The unit shall take appropriate action to
  1 30 seek modification of the order or judgment for temporary
  1 31 modification of child support in accordance with the
  1 32 guidelines established pursuant to section 598.21, subsection
  1 33 4.  Receipt of such notification by the unit constitutes an
  1 34 application for services under this chapter.
  1 35    4.  For each support order modified under this section to
  2  1 reflect the reduction in an obligor's income resulting from
  2  2 the obligor's engagement in active duty, the unit shall
  2  3 determine the difference between the amount of support
  2  4 provided under the order prior to modification and under the
  2  5 modified order, make any adjustments for individuals eligible
  2  6 as public assistance recipients, and forward the resulting
  2  7 amount to the obligee on a monthly basis.
  2  8    5.  There is appropriated from the general fund of the
  2  9 state to the department of human services each fiscal year
  2 10 beginning July 1, 2005, an amount necessary for the payment of
  2 11 support amounts under this section.
  2 12    6.  For the purposes of this section:
  2 13    a.  "Active duty" means that the obligor is a member of a
  2 14 reserve unit or national guard unit that is called into active
  2 15 duty as defined in 10 U.S.C. } 101(d)(1), for a period of more
  2 16 than thirty days, but not including active duty for training
  2 17 or attendance at a service school.
  2 18    b.  "Support order" means any order entered pursuant to
  2 19 chapter 234, 252A, 252C, 252F, 252H, 598, 600B, or any other
  2 20 support chapter or proceeding which establishes support
  2 21 payments as defined in section 252D.16 or 598.1.
  2 22                           EXPLANATION
  2 23    This bill provides for the modification of support orders
  2 24 to reflect the reduction in pay of an obligor due to engaging
  2 25 in active military duty.  The bill provides that if an obligor
  2 26 experiences a reduction in income due to active duty, the
  2 27 reduction in income constitutes a substantial change in
  2 28 circumstances, and is therefore a basis for modification of a
  2 29 support order.
  2 30    The bill establishes a process for modification of a
  2 31 support order through the child support recovery unit.  Upon
  2 32 receipt of a notarized letter from the commanding officer of
  2 33 the obligor engaged in active duty which contains the date of
  2 34 the commencement of active duty and the compensation of the
  2 35 obligor for such active duty, if the unit determines that the
  3  1 obligor has experienced a reduction in income due to such
  3  2 active duty, the unit is directed to mail a copy of the
  3  3 notarized letter to the obligee with a notice informing the
  3  4 obligee that the letter constitutes a petition for
  3  5 modification of child support during the obligor's active duty
  3  6 and to take appropriate action to seek a temporary
  3  7 modification of the support order in accordance with the child
  3  8 support guidelines.  The modification is retroactive to the
  3  9 date the obligee was mailed a copy of the notarized letter.
  3 10    Upon return from active duty, the obligor is required to
  3 11 notify the unit, and the unit is to take appropriate action to
  3 12 seek modification of the support order in accordance with the
  3 13 child support guidelines.
  3 14    For each support order modified under the provisions of the
  3 15 bill, the unit is directed to determine the difference between
  3 16 the amount of support provided under the current order and the
  3 17 modified order, and forward the amount to the obligee on a
  3 18 monthly basis.  The bill provides a standing appropriation to
  3 19 the department of human services for payment of these amounts.
  3 20 LSB 1972HH 81
  3 21 pf:nh/pj/5