House File 76 - Introduced
HOUSE FILE
BY HEATON
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the penalties for a payor who knowingly fails
2 to withhold income or pay amounts withheld under a support
3 order.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 1663YH 81
6 pf/cf/24
PAG LIN
1 1 Section 1. Section 252D.17, subsection 8, Code 2005, is
1 2 amended to read as follows:
1 3 8. If the payor knowingly fails to withhold income or to
1 4 pay the amounts withheld to the collection services center or
1 5 the clerk of court in accordance with the provisions of the
1 6 order, the notice of the order, or the notification of payors
1 7 of income provisions established in section 252B.13A, the
1 8 payor commits a simple misdemeanor for a first offense and is
1 9 liable for the accumulated amount which should have been
1 10 withheld, together with costs, interest, and reasonable
1 11 attorney fees related to the collection of the amounts due
1 12 from the payor. For each subsequent offense prescribed under
1 13 this subsection, the payor commits a serious misdemeanor and
1 14 is liable for the accumulated amount which should have been
1 15 withheld, together with costs, interest, and reasonable
1 16 attorney fees related to the collection of the amounts due
1 17 from the payor.
1 18 EXPLANATION
1 19 This bill provides that a payor of income who knowingly
1 20 fails to withhold income or to pay the amounts withheld to the
1 21 collection services center or the clerk of court in accordance
1 22 with the provisions of the order, or the notification of
1 23 payors of income provisions, commits a simple misdemeanor for
1 24 a first offense and for any subsequent offense the payor
1 25 commits a serious misdemeanor. In addition to the criminal
1 26 penalty, the payor of income is liable for the accumulated
1 27 amount which should have been withheld, together with costs,
1 28 interest, and reasonable attorney fees related to the
1 29 collection of the amounts due from the payor.
1 30 LSB 1663YH 81
1 31 pf/cf/24