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
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