House File 659 - Introduced
HOUSE FILE
BY SMITH
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the provision of child support and
2 postsecondary education subsidies for nonmarital children.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1705HH 81
5 pf/pj/5
PAG LIN
1 1 Section 1. Section 252A.3, subsection 2, Code 2005, is
1 2 amended to read as follows:
1 3 2. a. A parent is liable for the support of the parent's
1 4 child or children under eighteen years of age, whenever the
1 5 other parent of such child or children is dead, or cannot be
1 6 found, or is incapable of supporting the child or children,
1 7 and, if the liable parent is possessed of sufficient means or
1 8 able to earn the means. The court having jurisdiction of the
1 9 respondent in a proceeding instituted under this chapter shall
1 10 establish the respondent's monthly support payment and the
1 11 amount of the support debt accrued and accruing pursuant to
1 12 section 598.21, subsection 4. The support obligation shall
1 13 include support of a parent's child between the ages of
1 14 eighteen and nineteen years if the child is engaged full=time
1 15 in completing high school graduation or equivalency
1 16 requirements in a manner which is reasonably expected to
1 17 result in completion of the requirements prior to the person
1 18 reaching nineteen years of age.
1 19 b. The court may also order a postsecondary education
1 20 subsidy pursuant to section 598.21, subsection 5A. A
1 21 postsecondary education subsidy is not support or a support
1 22 payment or child support.
1 23 Sec. 2. Section 252A.3, Code 2005, is amended by adding
1 24 the following new subsection:
1 25 NEW SUBSECTION. 8A. a. If paternity of a child born out
1 26 of wedlock is established as provided in subsection 8, the
1 27 court shall establish the respondent's monthly support payment
1 28 and the amount of the support debt accrued and accruing
1 29 pursuant to section 598.21, subsection 4. The support
1 30 obligation shall include support of the child between the ages
1 31 of eighteen and nineteen years if the child is engaged full=
1 32 time in completing high school graduation or equivalency
1 33 requirements in a manner which is reasonably expected to
1 34 result in completion of the requirements prior to the person
1 35 reaching nineteen year of age.
2 1 b. The court may also order a postsecondary education
2 2 subsidy pursuant to section 598.21, subsection 5A. A
2 3 postsecondary education subsidy is not support or a support
2 4 payment or child support.
2 5 Sec. 3. Section 598.21, subsection 5A, unnumbered
2 6 paragraph 1, Code 2005, is amended to read as follows:
2 7 The court may order a postsecondary education subsidy if
2 8 good cause is shown. A parent may be ordered to provide a
2 9 postsecondary education subsidy for the parent's child under
2 10 this subsection whether or not the parents of the child were
2 11 married to one another. This subsection shall be applied
2 12 consistently to all children whether or not the parents of the
2 13 child were married to one another or under which chapter a
2 14 postsecondary education subsidy is established. A
2 15 postsecondary education subsidy is not support or a support
2 16 payment or child support.
2 17 Sec. 4. Section 600B.25, subsection 1, Code 2005, is
2 18 amended to read as follows:
2 19 1. Upon a finding of paternity pursuant to section
2 20 600B.24, the court shall establish the father's monthly
2 21 support payment and the amount of the support debt accrued or
2 22 accruing pursuant to section 598.21, subsection 4, until the
2 23 child reaches majority or until the child finishes high
2 24 school, if after majority. The support obligation shall
2 25 include support of a parent's child between the ages of
2 26 eighteen and nineteen years if the child is engaged full=time
2 27 in completing high school graduation or equivalency
2 28 requirements in a manner which is reasonably expected to
2 29 result in completion of the requirements prior to the person
2 30 reaching nineteen years of age. The court may order the
2 31 father to pay amounts the court deems appropriate for the past
2 32 support and maintenance of the child and for the reasonable
2 33 and necessary expenses incurred by or for the mother in
2 34 connection with prenatal care, the birth of the child, and
2 35 postnatal care of the child and the mother, and other medical
3 1 support as defined in section 252E.1. The court may award the
3 2 prevailing party the reasonable costs of suit, including but
3 3 not limited to reasonable attorney fees.
3 4 Sec. 5. Section 600B.25, Code 2005, is amended by adding
3 5 the following new subsection:
3 6 NEW SUBSECTION. 3. The court may also order a
3 7 postsecondary education subsidy pursuant to section 598.21,
3 8 subsection 5A. A postsecondary education subsidy is not
3 9 support or a support payment or child support.
3 10 EXPLANATION
3 11 This bill relates to provision of support and provision of
3 12 a postsecondary education subsidy to children of nonmarital
3 13 parents, consistent with existing provisions for support and
3 14 for a postsecondary education subsidy for children of a
3 15 marriage.
3 16 The bill amends portions of Code chapter 252A (support of
3 17 dependents), Code chapter 598 (dissolution of marriage and
3 18 domestic relations), and Code chapter 600B (paternity and
3 19 obligation for support) to make the provisions relating to
3 20 support of a child between the ages of 18 and 19 years
3 21 consistent for marital and nonmarital children. The bill also
3 22 amends those Code chapters to authorize the court to order a
3 23 postsecondary education subsidy to nonmarital children and
3 24 clarifies that a postsecondary education subsidy is not
3 25 support or a support payment or child support.
3 26 LSB 1705HH 81
3 27 pf:nh/pj/5