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