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