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