House File 798 - Introduced
HOUSE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HSB 69)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to family law provisions including dissolution of
2 marriage and domestic relations and termination of parental
3 rights provisions and providing an effective date.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 1075HV 81
6 pf/sh/8
PAG LIN
1 1 Section 1. Section 234.39, subsections 1 and 2, Code 2005,
1 2 are amended to read as follows:
1 3 1. For an individual to whom section 234.35, subsection 1,
1 4 is applicable, a dispositional order of the juvenile court
1 5 requiring the provision of foster care, or an administrative
1 6 order entered pursuant to chapter 252C, or any order
1 7 establishing paternity and support for a child in foster care,
1 8 shall establish, after notice and a reasonable opportunity to
1 9 be heard is provided to a parent or guardian, the amount of
1 10 the parent's or guardian's support obligation for the cost of
1 11 foster care provided by the department. The amount of the
1 12 parent's or guardian's support obligation and the amount of
1 13 support debt accrued and accruing shall be established in
1 14 accordance with the child support guidelines prescribed under
1 15 section 598.21, subsection 4 598.21B. However, the court, or
1 16 the department of human services in establishing support by
1 17 administrative order, may deviate from the prescribed
1 18 obligation after considering a recommendation by the
1 19 department for expenses related to goals and objectives of a
1 20 case permanency plan as defined under section 237.15, and upon
1 21 written findings of fact which specify the reason for
1 22 deviation and the prescribed guidelines amount. Any order for
1 23 support shall direct the payment of the support obligation to
1 24 the collection services center for the use of the department's
1 25 foster care recovery unit. The order shall be filed with the
1 26 clerk of the district court in which the responsible parent or
1 27 guardian resides and has the same force and effect as a
1 28 judgment when entered in the judgment docket and lien index.
1 29 The collection services center shall disburse the payments
1 30 pursuant to the order and record the disbursements. If
1 31 payments are not made as ordered, the child support recovery
1 32 unit may certify a default to the court and the court may, on
1 33 its own motion, proceed under section 598.22 or 598.23 or the
1 34 child support recovery unit may enforce the judgment as
1 35 allowed by law. An order entered under this subsection may be
2 1 modified only in accordance with the guidelines prescribed
2 2 under section 598.21, subsection 8 598.21C, or under chapter
2 3 252H.
2 4 2. For an individual who is served by the department of
2 5 human services under section 234.35, and is not subject to a
2 6 dispositional order of the juvenile court requiring the
2 7 provision of foster care, the department shall determine the
2 8 obligation of the individual's parent or guardian pursuant to
2 9 chapter 252C and in accordance with the child support
2 10 guidelines prescribed under section 598.21, subsection 4
2 11 598.21B. However, the department may adjust the prescribed
2 12 obligation for expenses related to goals and objectives of a
2 13 case permanency plan as defined under section 237.15. An
2 14 obligation determined under this subsection may be modified
2 15 only in accordance with conditions under section 598.21,
2 16 subsection 8 598.21C, or under chapter 252H.
2 17 Sec. 2. Section 252A.3, subsections 1 and 2, Code 2005,
2 18 are amended to read as follows:
2 19 1. A spouse is liable for the support of the other spouse
2 20 and any child or children under eighteen years of age and any
2 21 other dependent. The court shall establish the respondent's
2 22 monthly support payment and the amount of the support debt
2 23 accrued and accruing pursuant to section 598.21 598.21A or
2 24 598.21B, as applicable.
2 25 2. A parent is liable for the support of the parent's
2 26 child or children under eighteen years of age, whenever the
2 27 other parent of such child or children is dead, or cannot be
2 28 found, or is incapable of supporting the child or children,
2 29 and, if the liable parent is possessed of sufficient means or
2 30 able to earn the means. The court having jurisdiction of the
2 31 respondent in a proceeding instituted under this chapter shall
2 32 establish the respondent's monthly support payment and the
2 33 amount of the support debt accrued and accruing pursuant to
2 34 section 598.21, subsection 4 598.21B. The support obligation
2 35 shall include support of a parent's child between the ages of
3 1 eighteen and nineteen years if the child is engaged full=time
3 2 in completing high school graduation or equivalency
3 3 requirements in a manner which is reasonably expected to
3 4 result in completion of the requirements prior to the person
3 5 reaching nineteen years of age.
3 6 Sec. 3. Section 252A.3, Code 2005, is amended by adding
3 7 the following new subsection:
3 8 NEW SUBSECTION. 8A. If paternity of a child born out of
3 9 wedlock is established as provided in subsection 8, the court
3 10 shall establish the respondent's monthly support payment and
3 11 the amount of the support debt accrued and accruing pursuant
3 12 to section 598.21B. The support obligation shall include
3 13 support of the child between the ages of eighteen and nineteen
3 14 years if the child is engaged full=time in completing high
3 15 school graduation or equivalency requirements in a manner
3 16 which is reasonably expected to result in completion of the
3 17 requirements prior to the person reaching nineteen years of
3 18 age.
3 19 Sec. 4. Section 252A.6, subsection 4, Code 2005, is
3 20 amended to read as follows:
3 21 4. If the respondent appears at the hearing and fails to
3 22 answer the petition or admits the allegations of the petition,
3 23 or if, after a hearing, the court has found and determined
3 24 that the prayer of the petitioner, or any part of the prayer,
3 25 is supported by the evidence adduced in the proceeding, and
3 26 that the dependent is in need of and entitled to support from
3 27 a party, the court shall make and enter an order directing a
3 28 party to furnish support for the dependent and to pay a sum as
3 29 the court determines pursuant to section 598.21 598.21A or
3 30 598.21B, as applicable. Upon entry of an order for support or
3 31 upon failure of a person to make payments pursuant to an order
3 32 for support, the court may require a party to provide
3 33 security, a bond, or other guarantee which the court
3 34 determines is satisfactory to secure the payment of the
3 35 support. Upon the party's failure to pay the support under
4 1 the order, the court may declare the security, bond, or other
4 2 guarantee forfeited.
4 3 Sec. 5. Section 252A.6A, subsection 1, paragraph b, Code
4 4 2005, is amended to read as follows:
4 5 b. If the respondent, after being served with notice as
4 6 required under section 252A.6, fails to timely respond to the
4 7 notice, or to appear for blood or genetic tests pursuant to a
4 8 court or administrative order, or to appear at a scheduled
4 9 hearing after being provided notice of the hearing, the court
4 10 shall find the respondent in default, and shall enter an order
4 11 establishing paternity and establishing the monthly child
4 12 support payment and the amount of the support debt accrued and
4 13 accruing pursuant to section 598.21, subsection 4 598.21B, or
4 14 medical support pursuant to chapter 252E, or both.
4 15 Sec. 6. Section 252A.6A, subsection 2, paragraph a,
4 16 subparagraph (2), Code 2005, is amended to read as follows:
4 17 (2) If the court determines that the prior determination
4 18 of paternity should not be overcome, pursuant to section
4 19 600B.41A, and that the party has a duty to provide support,
4 20 the court shall enter an order establishing the monthly child
4 21 support payment and the amount of the support debt accrued and
4 22 accruing pursuant to section 598.21, subsection 4 598.21B, or
4 23 medical support pursuant to chapter 252E, or both.
4 24 Sec. 7. Section 252A.6A, subsection 3, Code 2005, is
4 25 amended to read as follows:
4 26 3. If the expert analyzing the blood or genetic test
4 27 concludes that the test results demonstrate that the putative
4 28 father is not excluded and that the probability of the
4 29 putative father's paternity is ninety=nine percent or higher
4 30 and if the test results have not been challenged, the court,
4 31 upon motion by a party, shall enter a temporary order for
4 32 child support to be paid pursuant to section 598.21,
4 33 subsection 4 598.21B. The court shall require temporary
4 34 support to be paid to the clerk of court or to the collection
4 35 services center. If the court subsequently determines the
5 1 putative father is not the father, the court shall terminate
5 2 the temporary support order. All support obligations which
5 3 came due prior to the order terminating temporary support are
5 4 unaffected by this action and remain a judgment subject to
5 5 enforcement.
5 6 Sec. 8. Section 252B.5, subsection 4, Code 2005, is
5 7 amended to read as follows:
5 8 4. Assistance to set off against a debtor's income tax
5 9 refund or rebate any support debt, which is assigned to the
5 10 department of human services or which the child support
5 11 recovery unit is attempting to collect on behalf of any
5 12 individual not eligible as a public assistance recipient,
5 13 which has accrued through written contract, subrogation, or
5 14 court judgment, and which is in the form of a liquidated sum
5 15 due and owing for the care, support, or maintenance of a
5 16 child. Unless the periodic payment plan provisions for a
5 17 retroactive modification pursuant to section 598.21,
5 18 subsection 8, 598.21C apply, the entire amount of a judgment
5 19 for accrued support, notwithstanding compliance with a
5 20 periodic payment plan or regardless of the date of entry of
5 21 the judgment, is due and owing as of the date of entry of the
5 22 judgment and is delinquent for the purposes of setoff,
5 23 including for setoff against a debtor's federal income tax
5 24 refund or other federal nontax payment. The department of
5 25 human services shall adopt rules pursuant to chapter 17A
5 26 necessary to assist the department of administrative services
5 27 in the implementation of the child support setoff as
5 28 established under section 8A.504.
5 29 Sec. 9. Section 252B.5, subsection 7, unnumbered paragraph
5 30 1, Code 2005, is amended to read as follows:
5 31 At the request of either parent who is subject to the order
5 32 of support or upon its own initiation, review the amount of
5 33 the support award in accordance with the guidelines
5 34 established pursuant to section 598.21, subsection 4 598.21B,
5 35 and Title IV=D of the federal Social Security Act, as amended,
6 1 and take action to initiate modification proceedings if the
6 2 criteria established pursuant to this section are met.
6 3 However, a review of a support award is not required if the
6 4 child support recovery unit determines that such a review
6 5 would not be in the best interest of the child and neither
6 6 parent has requested such review.
6 7 Sec. 10. Section 252B.6, subsection 3, Code 2005, is
6 8 amended to read as follows:
6 9 3. Appear on behalf of the state for the purpose of
6 10 facilitating the modification of support awards consistent
6 11 with guidelines established pursuant to section 598.21,
6 12 subsection 4 598.21B, and Title IV=D of the federal Social
6 13 Security Act. The unit shall not otherwise participate in the
6 14 proceeding.
6 15 Sec. 11. Section 252B.9, subsection 1, paragraph b, Code
6 16 2005, is amended to read as follows:
6 17 b. Parents of a child on whose behalf support enforcement
6 18 services are provided shall provide information regarding
6 19 income, resources, financial circumstances, and property
6 20 holdings to the department for the purpose of establishment,
6 21 modification, or enforcement of a support obligation. The
6 22 department may provide the information to parents of a child
6 23 as needed to implement the requirements of section 598.21,
6 24 subsection 4 598.21B, notwithstanding any provisions of law
6 25 making this information confidential.
6 26 Sec. 12. Section 252C.2, subsection 2, unnumbered
6 27 paragraph 1, Code 2005, is amended to read as follows:
6 28 The payment of public assistance to or for the benefit of a
6 29 dependent child or a dependent child's caretaker creates a
6 30 support debt due and owing to the department by the
6 31 responsible person in an amount equal to the public assistance
6 32 payment, except that the support debt is limited to the amount
6 33 of a support obligation established by court order or by the
6 34 administrator. The administrator may establish a support debt
6 35 as to amounts accrued and accruing pursuant to section 598.21,
7 1 subsection 4 598.21B. However, when establishing a support
7 2 obligation against a responsible person, no debt shall be
7 3 created for the period during which the responsible person is
7 4 a recipient on the person's own behalf of public assistance
7 5 for the benefit of the dependent child or the dependent
7 6 child's caretaker, if any of the following conditions exist:
7 7 Sec. 13. Section 252C.2, subsection 3, Code 2005, is
7 8 amended to read as follows:
7 9 3. The provision of child support collection or paternity
7 10 determination services under chapter 252B to an individual,
7 11 even though the individual is ineligible for public
7 12 assistance, creates a support debt due and owing to the
7 13 individual or the individual's child or ward by the
7 14 responsible person in the amount of a support obligation
7 15 established by court order or by the administrator. The
7 16 administrator may establish a support debt in favor of the
7 17 individual or the individual's child or ward and against the
7 18 responsible person, both as to amounts accrued and accruing,
7 19 pursuant to section 598.21, subsection 4 598.21B.
7 20 Sec. 14. Section 252C.3, subsection 1, paragraph a, Code
7 21 2005, is amended to read as follows:
7 22 a. A statement that the support obligation will be set
7 23 pursuant to the child support guidelines established pursuant
7 24 to section 598.21, subsection 4 598.21B, and the criteria
7 25 established pursuant to section 252B.7A, and that the
7 26 responsible person is required to provide medical support in
7 27 accordance with chapter 252E.
7 28 Sec. 15. Section 252C.4, subsection 4, Code 2005, is
7 29 amended to read as follows:
7 30 4. The court shall establish the monthly child support
7 31 payment and the amount of the support debt accrued and
7 32 accruing pursuant to section 598.21, subsection 4 598.21B, or
7 33 medical support pursuant to chapter 252E, or both.
7 34 Sec. 16. Section 252C.4, subsection 7, paragraph a,
7 35 subparagraph (2), Code 2005, is amended to read as follows:
8 1 (2) If the court determines that the prior determination
8 2 of paternity should not be overcome pursuant to section
8 3 600B.41A, and that the responsible person has a duty to
8 4 provide support, the court shall enter an order establishing
8 5 the monthly child support payment and the amount of the
8 6 support debt accrued and accruing pursuant to section 598.21,
8 7 subsection 4 598.21B, or medical support pursuant to chapter
8 8 252E, or both.
8 9 Sec. 17. Section 252F.3, subsection 1, paragraphs c and e,
8 10 Code 2005, are amended to read as follows:
8 11 c. A statement that if paternity is established, the
8 12 amount of the putative father's monthly support obligation and
8 13 the amount of the support debt accrued and accruing will be
8 14 established in accordance with the guidelines established in
8 15 section 598.21, subsection 4 598.21B, and the criteria
8 16 established pursuant to section 252B.7A.
8 17 e. A written explanation of the procedures for determining
8 18 the child support obligation and a request for financial or
8 19 income information as necessary for application of the child
8 20 support guidelines established pursuant to section 598.21,
8 21 subsection 4 598.21B.
8 22 Sec. 18. Section 252F.4, subsections 1 through 4, Code
8 23 2005, are amended to read as follows:
8 24 1. If the putative father fails to respond to the initial
8 25 notice within twenty days after the date of service of the
8 26 notice or fails to appear at a conference pursuant to section
8 27 252F.3 on the scheduled date of the conference, and paternity
8 28 has not been contested and the putative father fails to timely
8 29 request a court hearing on the issue of support, the
8 30 administrator shall enter an order against the putative
8 31 father, declaring the putative father to be the legal father
8 32 of the child or children involved and assessing any accrued
8 33 and accruing child support obligation pursuant to the
8 34 guidelines established under section 598.21, subsection 4
8 35 598.21B, and medical support pursuant to chapter 252E, against
9 1 the father.
9 2 2. If paternity is contested pursuant to section 252F.3,
9 3 subsection 6, and the party contesting paternity fails to
9 4 appear for a paternity test and fails to request a
9 5 rescheduling pursuant to section 252F.3, or fails to appear
9 6 for both the initial and the rescheduled paternity tests and
9 7 the putative father fails to timely request a court hearing on
9 8 the issue of support, the administrator shall enter an order
9 9 against the putative father declaring the putative father to
9 10 be the legal father of the child or children involved and
9 11 assessing any accrued and accruing child support obligation
9 12 pursuant to the guidelines established under section 598.21,
9 13 subsection 4 598.21B, and medical support pursuant to chapter
9 14 252E, against the father.
9 15 3. If the putative father appears at a conference pursuant
9 16 to section 252F.3, and paternity is not contested, and the
9 17 putative father fails to timely request a court hearing on the
9 18 issue of support, the administrator shall enter an order
9 19 against the putative father after the second notice has been
9 20 sent declaring the putative father to be the legal father of
9 21 the child or children involved and assessing any accrued and
9 22 accruing child support obligation pursuant to the guidelines
9 23 established under section 598.21, subsection 4 598.21B, and
9 24 medical support pursuant to chapter 252E against the father.
9 25 4. If paternity was contested and paternity testing was
9 26 performed and the putative father was not excluded, if the
9 27 test results indicate that the probability of the putative
9 28 father's paternity is ninety=five percent or greater, if the
9 29 test results are not timely challenged, and if the putative
9 30 father fails to timely request a court hearing on the issue of
9 31 support, the administrator shall enter an order against the
9 32 putative father declaring the putative father to be the legal
9 33 father of the child or children involved and assessing any
9 34 accrued and accruing child support obligation pursuant to the
9 35 guidelines established under section 598.21, subsection 4
10 1 598.21B, and medical support pursuant to chapter 252E, against
10 2 the father.
10 3 Sec. 19. Section 252F.5, subsection 6, Code 2005, is
10 4 amended to read as follows:
10 5 6. If the court determines that the putative father is the
10 6 legal father, the court shall establish the amount of the
10 7 accrued and accruing child support pursuant to the guidelines
10 8 established under section 598.21, subsection 4 598.21B, and
10 9 shall establish medical support pursuant to chapter 252E.
10 10 Sec. 20. Section 252H.2, subsection 2, paragraph a, Code
10 11 2005, is amended to read as follows:
10 12 a. A change in the amount of child support based upon an
10 13 application of the child support guidelines established
10 14 pursuant to section 598.21, subsection 4 598.21B.
10 15 Sec. 21. Section 252H.6, Code 2005, is amended to read as
10 16 follows:
10 17 252H.6 COLLECTION OF INFORMATION.
10 18 The unit may request, obtain, and validate information
10 19 concerning the financial circumstances of the parents of a
10 20 child as necessary to determine the appropriate amount of
10 21 support pursuant to the guidelines established in section
10 22 598.21, subsection 4 598.21B, including but not limited to
10 23 those sources and procedures described in sections 252B.7A and
10 24 252B.9. The collection of information does not constitute a
10 25 review conducted pursuant to section 252H.16.
10 26 Sec. 22. Section 252H.8, subsection 4, paragraph g, Code
10 27 2005, is amended to read as follows:
10 28 g. Copies of any computation worksheet prepared by the
10 29 unit to determine the amount of support calculated using the
10 30 mandatory child support guidelines established under section
10 31 598.21, subsection 4 598.21B, and, if appropriate and the
10 32 social security disability provisions of sections 598.22 and
10 33 598.22C apply, a determination of the amount of delinquent
10 34 support due.
10 35 Sec. 23. Section 252H.8, subsection 10, Code 2005, is
11 1 amended to read as follows:
11 2 10. The court shall establish the amount of child support
11 3 pursuant to section 598.21, subsection 4 598.21B, or medical
11 4 support pursuant to chapter 252E, or both.
11 5 Sec. 24. Section 252H.9, subsection 2, Code 2005, is
11 6 amended to read as follows:
11 7 2. For orders to which subchapter II or III is applicable,
11 8 the unit shall determine the appropriate amount of the child
11 9 support obligation using the current child support guidelines
11 10 established pursuant to section 598.21, subsection 4 598.21B,
11 11 and the criteria established pursuant to section 252B.7A and
11 12 shall determine the provisions for medical support pursuant to
11 13 chapter 252E.
11 14 Sec. 25. Section 252H.10, unnumbered paragraph 1, Code
11 15 2005, is amended to read as follows:
11 16 Pursuant to section 598.21, subsection 8 598.21C, any
11 17 administrative or court order resulting from an action
11 18 initiated under this chapter may be made retroactive only to
11 19 the date that all parties were successfully served the notice
11 20 required under section 252H.15 or section 252H.19, as
11 21 applicable.
11 22 Sec. 26. Section 252H.15, subsection 3, paragraphs c and
11 23 e, Code 2005, are amended to read as follows:
11 24 c. An explanation of the procedures for determining child
11 25 support and a request for financial or income information as
11 26 necessary for application of the child support guidelines
11 27 established pursuant to section 598.21, subsection 4 598.21B.
11 28 e. Criteria for determining appropriateness of an
11 29 adjustment and a statement that the unit will use the child
11 30 support guidelines established pursuant to section 598.21,
11 31 subsection 4 598.21B, and the provisions for medical support
11 32 pursuant to chapter 252E to adjust the order.
11 33 Sec. 27. Section 252H.18A, subsection 3, Code 2005, is
11 34 amended to read as follows:
11 35 3. Notwithstanding section 598.21, subsections 8 and 9
12 1 598.21C, for purposes of this section, a substantial change in
12 2 circumstances means there has been a change of fifty percent
12 3 or more in the income of a parent, and the change is due to
12 4 financial circumstances which have existed for a minimum
12 5 period of three months and can reasonably be expected to exist
12 6 for an additional three months.
12 7 Sec. 28. Section 252H.19, subsection 2, paragraph c, Code
12 8 2005, is amended to read as follows:
12 9 c. An explanation of the procedures for determining child
12 10 support and a request for financial or income information as
12 11 necessary for application of the child support guidelines
12 12 established pursuant to section 598.21, subsection 4 598.21B.
12 13 Sec. 29. Section 252H.21, subsection 2, paragraph a, Code
12 14 2005, is amended to read as follows:
12 15 a. To the extent permitted under 42 U.S.C. }
12 16 666(a)(10)(A)(i)(II), the cost=of=living alteration shall be
12 17 an exception to any requirement under law for the application
12 18 of the child support guidelines established pursuant to
12 19 section 598.21, subsection 4 598.21B, including but not
12 20 limited to any requirement in this chapter or chapter 234,
12 21 252A, 252B, 252C, 252F, 598, or 600B.
12 22 Sec. 30. Section 598.5, Code 2005, is amended to read as
12 23 follows:
12 24 598.5 CONTENTS OF PETITION == VERIFICATION == EVIDENCE.
12 25 1. The petition for dissolution of marriage shall:
12 26 1. a. State the name, birth date, address and county of
12 27 residence of the petitioner and the name and address of the
12 28 petitioner's attorney.
12 29 2. b. State the place and date of marriage of the
12 30 parties.
12 31 3. c. State the name, birth date, address and county of
12 32 residence, if known, of the respondent.
12 33 4. d. State the name and age of each minor child by date
12 34 of birth whose welfare may be affected by the controversy.
12 35 5. e. State whether or not a separate action for
13 1 dissolution of marriage or child support has been commenced
13 2 and whether such action is pending in any court in this state
13 3 or elsewhere. State whether the entry of an order would
13 4 violate 28 U.S.C. } 1738B. If there is an existing child
13 5 support order, the party shall disclose identifying
13 6 information regarding the order.
13 7 6. f. Allege that the petition has been filed in good
13 8 faith and for the purposes set forth therein.
13 9 7. g. Allege that there has been a breakdown of the
13 10 marriage relationship to the extent that the legitimate
13 11 objects of matrimony have been destroyed and there remains no
13 12 reasonable likelihood that the marriage can be preserved.
13 13 8. h. Set forth any application for temporary support of
13 14 the petitioner and any children without enumerating the
13 15 amounts thereof.
13 16 9. i. Set forth any application for permanent alimony or
13 17 support, child custody, or disposition of property, as well as
13 18 attorneys' fees and suit money, without enumerating the
13 19 amounts thereof.
13 20 10. j. State whether the appointment of a conciliator
13 21 pursuant to section 598.16 may preserve the marriage.
13 22 k. Except where the respondent is a resident of this state
13 23 and is served by personal service, state that the petitioner
13 24 has been for the last year a resident of the state, specifying
13 25 the county in which the petitioner has resided and the length
13 26 of such residence in the state after deducting all absences
13 27 from the state, and that the maintenance of the residence has
13 28 been in good faith and not for the purpose of obtaining a
13 29 dissolution of marriage only.
13 30 2. The petition shall be verified by the petitioner.
13 31 3. The allegations of the petition shall be established by
13 32 competent evidence.
13 33 Sec. 31. Section 598.7, Code 2005, is amended by striking
13 34 the section and inserting in lieu thereof the following:
13 35 598.7 MEDIATION.
14 1 1. The district court may, on its own motion or on the
14 2 motion of any party, order the parties to participate in
14 3 mediation in any dissolution of marriage action or other
14 4 domestic relations action. Mediation performed under this
14 5 section shall comply with the provisions of chapter 679C. The
14 6 provisions of this section shall not apply if the action
14 7 involves a child support or medical support obligation
14 8 enforced by the child support recovery unit. The provisions
14 9 of this section shall not apply to actions which involve
14 10 domestic abuse pursuant to chapter 236. The provisions of
14 11 this section shall not affect a judicial district's or court's
14 12 authority to order settlement conferences pursuant to rules of
14 13 civil procedure. The court shall, on application of a party,
14 14 grant a waiver from any court=ordered mediation under this
14 15 section if the party demonstrates that a history of domestic
14 16 abuse exists as specified in section 598.41, subsection 3,
14 17 paragraph "j".
14 18 2. The supreme court shall establish a dispute resolution
14 19 program in family law cases that includes the opportunities
14 20 for mediation and settlement conferences. Any judicial
14 21 district may implement such a dispute resolution program,
14 22 subject to the rules prescribed by the supreme court.
14 23 3. The supreme court shall prescribe rules for the
14 24 mediation program, including the circumstances under which the
14 25 district court may order participation in mediation.
14 26 4. Any dispute resolution program shall comply with all of
14 27 the following standards:
14 28 a. Participation in mediation shall include attendance at
14 29 a mediation session with the mediator and the parties to the
14 30 action, listening to the mediator's explanation of the
14 31 mediation process, presentation of one party's view of the
14 32 case, and listening to the response of the other party.
14 33 Participation in mediation does not require that the parties
14 34 reach an agreement.
14 35 b. The parties may choose the mediator, or the court shall
15 1 appoint a mediator. A court=appointed mediator shall meet the
15 2 qualifications established by the supreme court.
15 3 c. Parties to the mediation have the right to advice and
15 4 presence of counsel at all times.
15 5 d. The parties to the mediation shall present any
15 6 agreement reached through the mediation to their attorneys, if
15 7 any. A mediation agreement reached by the parties shall not
15 8 be enforceable until approved by the court.
15 9 e. The costs of mediation shall be borne by the parties,
15 10 as agreed to by the parties, or as ordered by the court, and
15 11 may be taxed as court costs. Mediation shall be provided on a
15 12 sliding fee scale for parties who are determined to be
15 13 indigent pursuant to section 815.9.
15 14 5. The supreme court shall prescribe qualifications for
15 15 mediators under this section. The qualifications shall include
15 16 but are not limited to the ethical standards to be observed by
15 17 mediators. The qualifications shall not include a requirement
15 18 that the mediator be licensed to practice any particular
15 19 profession.
15 20 Sec. 32. Section 598.7A, Code 2005, is amended by striking
15 21 the section and inserting in lieu thereof the following:
15 22 598.7A PARENTING PLANS.
15 23 1. Beginning January 1, 2006, the parties to a petition
15 24 for dissolution of marriage, annulment, or separate
15 25 maintenance that involves a minor child, the parties to a
15 26 petition in a proceeding involving support, custody, or
15 27 visitation of a child for whom paternity has been established
15 28 and whose mother and father have not been and are not married
15 29 to each other at the time of the filing of the petition, and
15 30 the parties to an application for a motion to modify an order
15 31 involving custody or visitation shall submit a proposed
15 32 parenting plan, either individually or jointly, within ninety
15 33 days after the service of process of the petition for
15 34 dissolution of marriage, annulment, or separate maintenance,
15 35 the petition in a proceeding involving support, custody, or
16 1 visitation of a child for whom paternity has been established
16 2 and whose mother and father have not been and are not married
16 3 to each other, or the application for motion to modify an
16 4 order involving custody or visitation. The proposed parenting
16 5 plan shall specify the arrangements that the party or parties
16 6 believe to be in the best interest of any minor child and
16 7 shall specify other details as required by rules prescribed by
16 8 the supreme court. A final decree shall not be granted and a
16 9 temporary or final order shall not be entered until the
16 10 parties have complied with this subsection.
16 11 2. The supreme court shall prescribe rules no later than
16 12 December 1, 2005, establishing guidelines for a parenting plan
16 13 form to be used by the parties required to submit a parenting
16 14 plan pursuant to subsection 1. Beginning December 1, 2005,
16 15 the clerk of the district court shall furnish the parenting
16 16 plan forms to such parties at no cost to the parties.
16 17 Sec. 33. NEW SECTION. 598.10 TEMPORARY ORDERS.
16 18 1. a. The court may order either party to pay the clerk a
16 19 sum of money for the separate support and maintenance of the
16 20 other party and the children and to enable such party to
16 21 prosecute or defend the action. The court may on its own
16 22 motion and shall upon application of either party or an
16 23 attorney or guardian ad litem appointed under section 598.12
16 24 determine the temporary custody of any minor child whose
16 25 welfare may be affected by the filing of the petition for
16 26 dissolution.
16 27 b. In order to encourage compliance with a visitation
16 28 order, a temporary order for custody shall provide for a
16 29 minimum visitation schedule with the noncustodial parent,
16 30 unless the court determines that such visitation is not in the
16 31 best interest of the child.
16 32 2. The court may make such an order when a claim for
16 33 temporary support is made by the petitioner in the petition,
16 34 or upon application of either party, after service of the
16 35 original notice and when no application is made in the
17 1 petition; however, no such order shall be entered until at
17 2 least five days' notice of hearing, and opportunity to be
17 3 heard, is given the other party. Appearance by an attorney or
17 4 the respondent for such hearing shall be deemed a special
17 5 appearance for the purpose of such hearing only and not a
17 6 general appearance. An order entered pursuant to this section
17 7 shall contain the names, birth dates, addresses, and counties
17 8 of residence of the petitioner and respondent.
17 9 Sec. 34. Section 598.11, Code 2005, is amended by striking
17 10 the section and inserting in lieu thereof the following:
17 11 598.11 HOW TEMPORARY ORDER MADE == CHANGES == RETROACTIVE
17 12 MODIFICATION.
17 13 1. In making temporary orders, the court shall take into
17 14 consideration the age of the applicant, the physical and
17 15 pecuniary condition of the parties, and other matters as are
17 16 pertinent, which may be shown by affidavits, as the court may
17 17 direct. The hearing on the application shall be limited to
17 18 matters set forth in the application, the affidavits of the
17 19 parties, and the required statements of income. The court
17 20 shall not hear any other matter relating to the petition,
17 21 respondent's answer, or any pleadings connected with the
17 22 petition or answer.
17 23 2. Subject to 28 U.S.C. } 1738B, after notice and hearing
17 24 subsequent changes in temporary orders may be made by the
17 25 court on application of either party demonstrating a
17 26 substantial change in the circumstances occurring subsequent
17 27 to the issuance of such order. If the order is not so
17 28 modified it shall continue in force and effect until the
17 29 action is dismissed or a decree is entered dissolving the
17 30 marriage.
17 31 3. An order for temporary support may be retroactively
17 32 modified only from three months after notice of hearing for
17 33 temporary support pursuant to section 598.10 or from three
17 34 months after notice of hearing for modification of a temporary
17 35 order for support pursuant to this section. The three=month
18 1 limitation applies to modification actions pending on or after
18 2 July 1, 1997.
18 3 Sec. 35. Section 598.12, Code 2005, is amended to read as
18 4 follows:
18 5 598.12 ATTORNEY OR GUARDIAN AD LITEM FOR MINOR CHILD ==
18 6 INVESTIGATIONS.
18 7 1. The court may appoint an attorney to represent the
18 8 legal interests of the minor child or children of the parties.
18 9 The attorney shall be empowered to make independent
18 10 investigations and to cause witnesses to appear and testify
18 11 before the court on matters pertinent to the legal interests
18 12 of the children.
18 13 2. The court may appoint a guardian ad litem to represent
18 14 the best interests of the minor child or children of the
18 15 parties.
18 16 a. Unless otherwise enlarged or circumscribed by a court
18 17 or juvenile court having jurisdiction over the child or by
18 18 operation of law, the duties of a guardian ad litem with
18 19 respect to a child shall include all of the following:
18 20 (1) Conducting general in=person interviews with the
18 21 child, if the child's age is appropriate for the interview,
18 22 and interviewing each parent, guardian, or other person having
18 23 custody of the child, if authorized by the person's legal
18 24 counsel.
18 25 (2) Conducting interviews with the child, if the child's
18 26 age is appropriate for the interview, prior to any court=
18 27 ordered hearing.
18 28 (3) Visiting the home, residence, or both home and
18 29 residence of the child and any prospective home or residence
18 30 of the child, including visiting the home or residence or
18 31 prospective home or residence each time placement is changed.
18 32 (4) Interviewing any person providing medical, mental
18 33 health, social, educational, or other services to the child,
18 34 prior to any court=ordered hearing.
18 35 (5) Obtaining firsthand knowledge, if possible, of facts,
19 1 circumstances, and parties involved in the matter in which the
19 2 person is appointed guardian ad litem.
19 3 (6) Attending any hearings in the matter in which the
19 4 person is appointed guardian ad litem.
19 5 b. The order appointing the guardian ad litem shall grant
19 6 authorization to the guardian ad litem to interview any
19 7 relevant person and inspect and copy any records relevant to
19 8 the proceedings, if not prohibited by federal law. The order
19 9 shall specify that the guardian ad litem may interview any
19 10 person providing medical, mental health, social, educational,
19 11 or other services to the child; may attend any meeting with
19 12 the medical or mental health providers, service providers,
19 13 organizations, or educational institutions regarding the
19 14 child, if deemed necessary by the guardian ad litem; and may
19 15 inspect and copy any records relevant to the proceedings.
19 16 3. The same person may serve both as the child's legal
19 17 counsel and as guardian ad litem. However, the court may
19 18 appoint a separate guardian ad litem, if the same person
19 19 cannot properly represent the legal interests of the child as
19 20 legal counsel and also represent the best interests of the
19 21 child as guardian ad litem, or a separate guardian ad litem is
19 22 required to fulfill the requirements of subsection 2.
19 23 2. 4. The court may require that an appropriate agency
19 24 make an investigation of both parties regarding the home
19 25 conditions, parenting capabilities, and other matters
19 26 pertinent to the best interests of the child or children in a
19 27 dispute concerning custody of the child or children. The
19 28 investigation report completed by the appropriate agency shall
19 29 be submitted to the court and available to both parties. The
19 30 investigation report completed by the appropriate agency shall
19 31 be a part of the record unless otherwise ordered by the court.
19 32 3. 5. The court shall enter an order in favor of the
19 33 attorney, the guardian ad litem, or an appropriate agency for
19 34 fees and disbursements, and the amount shall be charged
19 35 against the party responsible for court costs unless the court
20 1 determines that the party responsible for costs is indigent,
20 2 in which event the fees shall be borne by the county.
20 3 Sec. 36. Section 598.14, Code 2005, is amended by striking
20 4 the section and inserting in lieu thereof the following:
20 5 598.14 ATTACHMENT.
20 6 The petition may be presented to the court for the
20 7 allowance of an order of attachment, which, by endorsement
20 8 thereon, may direct such attachment and fix the amount for
20 9 which it may issue, and the amount of the bond, if any, that
20 10 shall be given. Any property taken by virtue thereof shall be
20 11 held to satisfy the judgment or decree of the court, but may
20 12 be discharged or released as in other cases.
20 13 Sec. 37. Section 598.15, Code 2005, is amended by striking
20 14 the section and inserting in lieu thereof the following:
20 15 598.15 MANDATORY COURSE == PARTIES TO CERTAIN PROCEEDINGS.
20 16 1. The court shall order the parties to any action which
20 17 involves the issues of child custody or visitation to
20 18 participate in a court=approved course to educate and
20 19 sensitize the parties to the needs of any child or party
20 20 during and subsequent to the proceeding within forty=five days
20 21 of the service of notice and petition for the action or within
20 22 forty=five days of the service of notice and application for
20 23 modification of an order. Participation in the course may be
20 24 waived or delayed by the court for good cause including, but
20 25 not limited to, a default by any of the parties or a showing
20 26 that the parties have previously participated in a court=
20 27 approved course or its equivalent. Participation in the
20 28 course is not required if the proceeding involves termination
20 29 of parental rights of any of the parties. A final decree
20 30 shall not be granted or a final order shall not be entered
20 31 until the parties have complied with this section, unless
20 32 participation in the course is waived or delayed for good
20 33 cause or is otherwise not required under this subsection.
20 34 2. Each party shall be responsible for arranging for
20 35 participation in the course and for payment of the costs of
21 1 participation in the course.
21 2 3. Each party shall submit certification of completion of
21 3 the course to the court prior to the granting of a final
21 4 decree or the entry of an order, unless participation in the
21 5 course is waived or delayed for good cause or is otherwise not
21 6 required under subsection 1.
21 7 4. If participation in the court=approved course is waived
21 8 or delayed for good cause or is otherwise not required under
21 9 this section, the court may order that the parties receive the
21 10 information described in subsection 5 through an alternative
21 11 format.
21 12 5. Each judicial district shall certify approved courses
21 13 for parties required to participate in a course under this
21 14 section. Approved courses may include those provided by a
21 15 public or private entity. At a minimum and as appropriate, an
21 16 approved course shall include information relating to the
21 17 parents regarding divorce and its impact on the children and
21 18 family relationship, parenting skills for divorcing parents,
21 19 children's needs and coping techniques, and the financial
21 20 responsibilities of parents following divorce.
21 21 6. In addition to the provisions of this section relating
21 22 to the required participation in a court=approved course by
21 23 the parties to an action as described in subsection 1, the
21 24 court may require age=appropriate counseling for children who
21 25 are involved in a dissolution of marriage action. The
21 26 counseling may be provided by a public or private entity
21 27 approved by the court. The costs of the counseling shall be
21 28 taxed as court costs.
21 29 7. The supreme court may prescribe rules to implement this
21 30 section.
21 31 Sec. 38. Section 598.20, Code 2005, is amended to read as
21 32 follows:
21 33 598.20 FORFEITURE OF MARITAL RIGHTS.
21 34 When a dissolution of marriage is decreed the parties shall
21 35 forfeit all rights acquired by marriage which are not
22 1 specifically preserved in the decree. This provision shall
22 2 not obviate any of the provisions of section 598.21 598.21,
22 3 598.21A, 598.21B, 598.21C, 598.21D, 598.21E, or 598.21F.
22 4 Sec. 39. Section 598.21, Code 2005, is amended by striking
22 5 the section and inserting in lieu thereof the following:
22 6 598.21 ORDERS FOR DISPOSITION OF PROPERTY.
22 7 1. GENERAL PRINCIPLES. Upon every judgment of annulment,
22 8 dissolution, or separate maintenance, the court shall divide
22 9 the property of the parties and transfer the title of the
22 10 property accordingly, including ordering the parties to
22 11 execute a quitclaim deed or ordering a change of title for tax
22 12 purposes and delivery of the deed or change of title to the
22 13 county recorder of the county in which each parcel of real
22 14 estate is located.
22 15 2. DUTIES OF COUNTY RECORDER. The county recorder shall
22 16 record each quitclaim deed or change of title and shall
22 17 collect the fee specified in section 331.507, subsection 2,
22 18 paragraph "a", and the fee specified in section 331.604,
22 19 subsection 1.
22 20 3. DUTIES OF CLERK OF COURT. If the court orders a
22 21 transfer of title to real property, the clerk of court shall
22 22 issue a certificate under chapter 558 relative to each parcel
22 23 of real estate affected by the order and immediately deliver
22 24 the certificate for recording to the county recorder of the
22 25 county in which the real estate is located. Any fees assessed
22 26 shall be included as part of the court costs. The county
22 27 recorder shall deliver the certificates to the county auditor
22 28 as provided in section 558.58, subsection 1.
22 29 4. PROPERTY FOR CHILDREN. The court may protect and
22 30 promote the best interests of children of the parties by
22 31 setting aside a portion of the property of the parties in a
22 32 separate fund or conservatorship for the support, maintenance,
22 33 education, and general welfare of the minor children.
22 34 5. DIVISION OF PROPERTY. The court shall divide all
22 35 property, except inherited property or gifts received by one
23 1 party, equitably between the parties after considering all of
23 2 the following:
23 3 a. The length of the marriage.
23 4 b. The property brought to the marriage by each party.
23 5 c. The contribution of each party to the marriage, giving
23 6 appropriate economic value to each party's contribution in
23 7 homemaking and child care services.
23 8 d. The age and physical and emotional health of the
23 9 parties.
23 10 e. The contribution by one party to the education,
23 11 training, or increased earning power of the other.
23 12 f. The earning capacity of each party, including
23 13 educational background, training, employment skills, work
23 14 experience, length of absence from the job market, custodial
23 15 responsibilities for children, and the time and expense
23 16 necessary to acquire sufficient education or training to
23 17 enable the party to become self=supporting at a standard of
23 18 living reasonably comparable to that enjoyed during the
23 19 marriage.
23 20 g. The desirability of awarding the family home or the
23 21 right to live in the family home for a reasonable period to
23 22 the party having custody of the children, or if the parties
23 23 have joint legal custody, to the party having physical care of
23 24 the children.
23 25 h. The amount and duration of an order granting support
23 26 payments to either party pursuant to section 598.21A and
23 27 whether the property division should be in lieu of such
23 28 payments.
23 29 i. Other economic circumstances of each party, including
23 30 pension benefits, vested or unvested, and future interests.
23 31 j. The tax consequences to each party.
23 32 k. Any written agreement made by the parties concerning
23 33 property distribution.
23 34 l. The provisions of an antenuptial agreement.
23 35 m. Other factors the court may determine to be relevant in
24 1 an individual case.
24 2 6. INHERITED AND GIFTED PROPERTY. Property inherited by
24 3 either party or gifts received by either party prior to or
24 4 during the course of the marriage is the property of that
24 5 party and is not subject to a property division under this
24 6 section except upon a finding that refusal to divide the
24 7 property is inequitable to the other party or to the children
24 8 of the marriage.
24 9 7. NOT SUBJECT TO MODIFICATION. Property divisions made
24 10 under this chapter are not subject to modification.
24 11 8. NECESSARY CONTENT OF ORDER. Orders made pursuant to
24 12 this section need mention only those factors relevant to the
24 13 particular case for which the orders are made but shall
24 14 contain the names, birth dates, addresses, and counties of
24 15 residence of the petitioner and respondent.
24 16 Sec. 40. Section 598.21A, Code 2005, is amended by
24 17 striking the section and inserting in lieu thereof the
24 18 following:
24 19 598.21A ORDERS FOR SPOUSAL SUPPORT.
24 20 1. CRITERIA FOR DETERMINING SUPPORT. Upon every judgment
24 21 of annulment, dissolution, or separate maintenance, the court
24 22 may grant an order requiring support payments to either party
24 23 for a limited or indefinite length of time after considering
24 24 all of the following:
24 25 a. The length of the marriage.
24 26 b. The age and physical and emotional health of the
24 27 parties.
24 28 c. The distribution of property made pursuant to section
24 29 598.21.
24 30 d. The educational level of each party at the time of
24 31 marriage and at the time the action is commenced.
24 32 e. The earning capacity of the party seeking maintenance,
24 33 including educational background, training, employment skills,
24 34 work experience, length of absence from the job market,
24 35 responsibilities for children under either an award of custody
25 1 or physical care, and the time and expense necessary to
25 2 acquire sufficient education or training to enable the party
25 3 to find appropriate employment.
25 4 f. The feasibility of the party seeking maintenance
25 5 becoming self=supporting at a standard of living reasonably
25 6 comparable to that enjoyed during the marriage, and the length
25 7 of time necessary to achieve this goal.
25 8 g. The tax consequences to each party.
25 9 h. Any mutual agreement made by the parties concerning
25 10 financial or service contributions by one party with the
25 11 expectation of future reciprocation or compensation by the
25 12 other party.
25 13 i. The provisions of an antenuptial agreement.
25 14 j. Other factors the court may determine to be relevant in
25 15 an individual case.
25 16 2. NECESSARY CONTENT OF ORDER. Orders made pursuant to
25 17 this section need mention only those factors relevant to the
25 18 particular case for which the orders are made but shall
25 19 contain the names, birth dates, addresses, and counties of
25 20 residence of the petitioner and respondent.
25 21 Sec. 41. NEW SECTION. 598.21B ORDERS FOR CHILD SUPPORT
25 22 AND MEDICAL SUPPORT.
25 23 1. CHILD SUPPORT GUIDELINES.
25 24 a. The supreme court shall maintain uniform child support
25 25 guidelines and criteria and review the guidelines and criteria
25 26 at least once every four years, pursuant to the federal Family
25 27 Support Act of 1988, Pub. L. No. 100=485. The initial review
25 28 shall be performed within four years of October 12, 1989, and
25 29 subsequently within the four=year period of the most recent
25 30 review.
25 31 b. The guidelines prescribed by the supreme court shall
25 32 incorporate provisions for medical support as defined in
25 33 chapter 252E to be effective on or before January 1, 1991.
25 34 c. It is the intent of the general assembly that, to the
25 35 extent possible within the requirements of federal law, the
26 1 court and the child support recovery unit consider the
26 2 individual facts of each judgment or case in the application
26 3 of the guidelines and determine the support obligation
26 4 accordingly. It is also the intent of the general assembly
26 5 that in the supreme court's review of the guidelines, the
26 6 supreme court shall do both of the following:
26 7 (1) Emphasize the ability of a court to apply the
26 8 guidelines in a just and appropriate manner based upon the
26 9 individual facts of a judgment or case.
26 10 (2) In determining monthly child support payments,
26 11 consider other children for whom either parent is legally
26 12 responsible for support and other child support obligations
26 13 actually paid by either party pursuant to a court or
26 14 administrative order.
26 15 d. The guidelines prescribed by the supreme court shall be
26 16 used by the department of human services in determining child
26 17 support payments under sections 252C.2 and 252C.4. A
26 18 variation from the guidelines shall not be considered by the
26 19 department without a record or written finding, based on
26 20 stated reasons, that the guidelines would be unjust or
26 21 inappropriate as determined under criteria prescribed by the
26 22 supreme court.
26 23 2. CHILD SUPPORT ORDERS.
26 24 a. COURT'S AUTHORITY. Unless prohibited pursuant to 28
26 25 U.S.C. } 1738B, upon every judgment of annulment, dissolution,
26 26 or separate maintenance, the court may order either parent or
26 27 both parents to pay an amount reasonable and necessary for
26 28 supporting a child.
26 29 b. CALCULATING AMOUNT OF SUPPORT.
26 30 (1) In establishing the amount of support, consideration
26 31 shall be given to the responsibility of both parents to
26 32 support and provide for the welfare of the minor child and of
26 33 a child's need, whenever practicable, for a close relationship
26 34 with both parents.
26 35 (2) For purposes of calculating a support obligation under
27 1 this section, the income of the parent from whom support is
27 2 sought shall be used as the noncustodial parent income for
27 3 purposes of application of the guidelines, regardless of the
27 4 legal custody of the child.
27 5 (3) For the purposes of including a child's dependent
27 6 benefit in calculating a support obligation under this section
27 7 for a child whose parent has been awarded disability benefits
27 8 under the federal Social Security Act, the provisions of
27 9 section 598.22C shall apply.
27 10 c. REBUTTABLE PRESUMPTION IN FAVOR OF GUIDELINES. There
27 11 shall be a rebuttable presumption that the amount of child
27 12 support which would result from the application of the
27 13 guidelines prescribed by the supreme court is the correct
27 14 amount of child support to be awarded.
27 15 d. VARIATION FROM GUIDELINES. A variation from the
27 16 guidelines shall not be considered by a court without a record
27 17 or written finding, based on stated reasons, that the
27 18 guidelines would be unjust or inappropriate as determined
27 19 under the criteria prescribed by the supreme court.
27 20 e. SPECIAL CIRCUMSTANCES JUSTIFYING VARIATION FROM
27 21 GUIDELINES. Unless the special circumstances of the case
27 22 justify a deviation, the court or the child support recovery
27 23 unit shall establish a monthly child support payment of
27 24 twenty=five dollars for a parent who is nineteen years of age
27 25 or younger, who has not received a high school or high school
27 26 equivalency diploma, and to whom each of the following apply:
27 27 (1) The parent is attending a school or program described
27 28 as follows or has been identified as one of the following:
27 29 (a) The parent is in full=time attendance at an accredited
27 30 school and is pursuing a course of study leading to a high
27 31 school diploma.
27 32 (b) The parent is attending an instructional program
27 33 leading to a high school equivalency diploma.
27 34 (c) The parent is attending a vocational education program
27 35 approved pursuant to chapter 258.
28 1 (d) The parent has been identified by the director of
28 2 special education of the area education agency as a child
28 3 requiring special education as defined in section 256B.2.
28 4 (2) The parent provides proof of compliance with the
28 5 requirements of subparagraph (l) to the child support recovery
28 6 unit, if the unit is providing services under chapter 252B, or
28 7 if the unit is not providing services pursuant to chapter
28 8 252B, to the court as the court may direct. Failure to
28 9 provide proof of compliance under this subparagraph or proof
28 10 of compliance under section 598.21G is grounds for
28 11 modification of the support order using the uniform child
28 12 support guidelines and imputing an income to the parent equal
28 13 to a forty=hour work week at the state minimum wage, unless
28 14 the parent's education, experience, or actual earnings justify
28 15 a higher income.
28 16 3. MEDICAL SUPPORT. The court shall order as child
28 17 medical support a health benefit plan as defined in chapter
28 18 252E if available to either parent at a reasonable cost. A
28 19 health benefit plan is considered reasonable in cost if it is
28 20 employment=related or other group health insurance, regardless
28 21 of the service delivery mechanism. The premium cost of the
28 22 health benefit plan may be considered by the court as a reason
28 23 for varying from the child support guidelines. If a health
28 24 benefit plan is not available at a reasonable cost, the court
28 25 may order any other provisions for medical support as defined
28 26 in chapter 252E.
28 27 4. NECESSARY CONTENT OF ORDER. Orders made pursuant to
28 28 this section need mention only those factors relevant to the
28 29 particular case for which the orders are made but shall
28 30 contain the names, birth dates, addresses, and counties of
28 31 residence of the petitioner and respondent.
28 32 Sec. 42. NEW SECTION. 598.21C MODIFICATION OF CHILD,
28 33 SPOUSAL, OR MEDICAL SUPPORT ORDERS.
28 34 1. CRITERIA FOR MODIFICATION. Subject to 28 U.S.C. }
28 35 1738B, the court may subsequently modify child, spousal, or
29 1 medical support orders when there is a substantial change in
29 2 circumstances. In determining whether there is a substantial
29 3 change in circumstances, the court shall consider the
29 4 following:
29 5 a. Changes in the employment, earning capacity, income, or
29 6 resources of a party.
29 7 b. Receipt by a party of an inheritance, pension, or other
29 8 gift.
29 9 c. Changes in the medical expenses of a party.
29 10 d. Changes in the number or needs of dependents of a
29 11 party.
29 12 e. Changes in the physical, mental, or emotional health of
29 13 a party.
29 14 f. Changes in the residence of a party.
29 15 g. Remarriage of a party.
29 16 h. Possible support of a party by another person.
29 17 i. Changes in the physical, emotional, or educational
29 18 needs of a child whose support is governed by the order.
29 19 j. Contempt by a party of existing orders of court.
29 20 k. Entry of a dispositional order in juvenile court
29 21 pursuant to chapter 232 placing custody or physical care of a
29 22 child with a party who is obligated to pay support for a
29 23 child.
29 24 l. Other factors the court determines to be relevant in an
29 25 individual case.
29 26 2. ADDITIONAL CRITERIA FOR MODIFICATION OF CHILD SUPPORT
29 27 ORDERS.
29 28 a. Subject to 28 U.S.C. } 1738B, but notwithstanding
29 29 subsection 1, a substantial change of circumstances exists
29 30 when the court order for child support varies by ten percent
29 31 or more from the amount which would be due pursuant to the
29 32 most current child support guidelines established pursuant to
29 33 section 598.21B or the obligor has access to a health benefit
29 34 plan, the current order for support does not contain
29 35 provisions for medical support, and the dependents are not
30 1 covered by a health benefit plan provided by the obligee,
30 2 excluding coverage pursuant to chapter 249A or a comparable
30 3 statute of a foreign jurisdiction.
30 4 b. This basis for modification is applicable to petitions
30 5 filed on or after July 1, 1992, notwithstanding whether the
30 6 guidelines prescribed by section 598.21B were used in
30 7 establishing the current amount of support. Upon application
30 8 for a modification of an order for child support for which
30 9 services are being received pursuant to chapter 252B, the
30 10 court shall set the amount of child support based upon the
30 11 most current child support guidelines established pursuant to
30 12 section 598.21B, including provisions for medical support
30 13 pursuant to chapter 252E. The child support recovery unit
30 14 shall, in submitting an application for modification,
30 15 adjustment, or alteration of an order for support, employ
30 16 additional criteria and procedures as provided in chapter 252H
30 17 and as established by rule.
30 18 3. APPLICABLE LAW. Unless otherwise provided pursuant to
30 19 28 U.S.C. } 1738B, a modification of a support order entered
30 20 under chapter 234, 252A, 252C, 600B, this chapter, or any
30 21 other support chapter or proceeding between parties to the
30 22 order is void unless the modification is approved by the
30 23 court, after proper notice and opportunity to be heard is
30 24 given to all parties to the order, and entered as an order of
30 25 the court. If support payments have been assigned to the
30 26 department of human services pursuant to section 234.39,
30 27 239B.6, or 252E.11, or if services are being provided pursuant
30 28 to chapter 252B, the department is a party to the support
30 29 order. Modifications of orders pertaining to child custody
30 30 shall be made pursuant to chapter 598B. If the petition for a
30 31 modification of an order pertaining to child custody asks
30 32 either for joint custody or that joint custody be modified to
30 33 an award of sole custody, the modification, if any, shall be
30 34 made pursuant to section 598.41.
30 35 4. RETROACTIVITY OF MODIFICATION. Judgments for child
31 1 support or child support awards entered pursuant to this
31 2 chapter, chapter 234, 252A, 252C, 252F, 600B, or any other
31 3 chapter of the Code which are subject to a modification
31 4 proceeding may be retroactively modified only from three
31 5 months after the date the notice of the pending petition for
31 6 modification is served on the opposing party. The three=month
31 7 limitation applies to a modification action pending on or
31 8 after July 1, 1997. The prohibition of retroactive
31 9 modification does not bar the child support recovery unit from
31 10 obtaining orders for accrued support for previous time
31 11 periods. Any retroactive modification which increases the
31 12 amount of child support or any order for accrued support under
31 13 this paragraph shall include a periodic payment plan. A
31 14 retroactive modification shall not be regarded as a
31 15 delinquency unless there are subsequent failures to make
31 16 payments in accordance with the periodic payment plan.
31 17 5. MODIFICATION OF PERIODIC DUE DATE. The periodic due
31 18 date established under a prior order for payment of child
31 19 support shall not be changed in any modified order under this
31 20 section, unless the court determines that good cause exists to
31 21 change the periodic due date. If the court determines that
31 22 good cause exists, the court shall include the rationale for
31 23 the change in the modified order and shall address the issue
31 24 of reconciliation of any payments due or made under a prior
31 25 order which would result in payment of the child support
31 26 obligation under both the prior and the modified orders.
31 27 6. MODIFICATION BY CHILD SUPPORT RECOVERY UNIT.
31 28 Notwithstanding any other provision of law to the contrary,
31 29 when an application for modification or adjustment of support
31 30 is submitted by the child support recovery unit, the sole
31 31 issues which may be considered by the court in that action are
31 32 the application of the guidelines in establishing the amount
31 33 of support pursuant to section 598.21B, and provision for
31 34 medical support under chapter 252E. When an application for a
31 35 cost=of=living alteration of support is submitted by the child
32 1 support recovery unit pursuant to section 252H.24, the sole
32 2 issue which may be considered by the court in the action is
32 3 the application of the cost=of=living alteration in
32 4 establishing the amount of child support. Issues related to
32 5 custody, visitation, or other provisions unrelated to support
32 6 shall be considered only under a separate application for
32 7 modification.
32 8 7. NECESSARY CONTENT OF ORDER. Orders made pursuant to
32 9 this section need mention only those factors relevant to the
32 10 particular case for which the orders are made but shall
32 11 contain the names, birth dates, addresses, and counties of
32 12 residence of the petitioner and respondent.
32 13 8. DUTY OF CLERK OF COURT. If the court modifies an
32 14 order, and the original decree was entered in another county
32 15 in Iowa, the clerk of court shall send a copy of the
32 16 modification by regular mail, electronic transmission, or
32 17 facsimile to the clerk of court for the county where the
32 18 original decree was entered.
32 19 Sec. 43. NEW SECTION. 598.21D RELOCATION OF PARENT AS
32 20 GROUNDS TO MODIFY ORDER OF CHILD CUSTODY.
32 21 If a parent awarded joint legal custody and physical care
32 22 or sole legal custody is relocating the residence of the minor
32 23 child to a location which is one hundred fifty miles or more
32 24 from the residence of the minor child at the time that custody
32 25 was awarded, the court may consider the relocation a
32 26 substantial change in circumstances. If the court determines
32 27 that the relocation is a substantial change in circumstances,
32 28 the court shall modify the custody order to, at a minimum,
32 29 preserve, as nearly as possible, the existing relationship
32 30 between the minor child and the nonrelocating parent. If
32 31 modified, the order may include a provision for extended
32 32 visitation during summer vacations and school breaks and
32 33 scheduled telephone contact between the nonrelocating parent
32 34 and the minor child. The modification may include a provision
32 35 assigning the responsibility for transportation of the minor
33 1 child for visitation purposes to either or both parents. If
33 2 the court makes a finding of past interference by the parent
33 3 awarded joint legal custody and physical care or sole legal
33 4 custody with the minor child's access to the other parent, the
33 5 court may order the posting of a cash bond to assure future
33 6 compliance with the visitation provisions of the decree. The
33 7 supreme court shall prescribe guidelines for the forfeiting of
33 8 the bond and restoration of the bond following forfeiting of
33 9 the bond.
33 10 Sec. 44. NEW SECTION. 598.21E CONTESTING PATERNITY TO
33 11 CHALLENGE CHILD SUPPORT ORDER.
33 12 1. If, during an action initiated under this chapter or
33 13 any other chapter in which a child or medical support
33 14 obligation may be established based upon a prior determination
33 15 of paternity, a party wishes to contest the paternity of the
33 16 child or children involved, all of the following apply:
33 17 a. (1) If the prior determination of paternity is based
33 18 on an affidavit of paternity filed pursuant to section
33 19 252A.3A, or a court or administrative order entered in this
33 20 state, or by operation of law when the mother and established
33 21 father are or were married to each other, the provisions of
33 22 section 600B.41A apply.
33 23 (2) If following the proceedings under section 600B.41A
33 24 the court determines that the prior determination of paternity
33 25 should not be overcome, and that the established father has a
33 26 duty to provide support, the court shall enter an order
33 27 establishing the monthly child support payment and the amount
33 28 of the support debt accrued and accruing pursuant to section
33 29 598.21B, or the medical support obligation pursuant to chapter
33 30 252E, or both.
33 31 b. If a determination of paternity is based on an
33 32 administrative or court order or other means pursuant to the
33 33 laws of a foreign jurisdiction, any action to overcome the
33 34 prior determination of paternity shall be filed in that
33 35 jurisdiction. Unless a stay of the action initiated in this
34 1 state to establish child or medical support is requested and
34 2 granted by the court, pending a resolution of the contested
34 3 paternity issue by the foreign jurisdiction, the action shall
34 4 proceed.
34 5 c. Notwithstanding paragraph "a", in a pending dissolution
34 6 action under this chapter, a prior determination of paternity
34 7 by operation of law through the marriage of the established
34 8 father and mother of the child may be overcome under this
34 9 chapter if the established father and mother of the child file
34 10 a written statement with the court that both parties agree
34 11 that the established father is not the biological father of
34 12 the child.
34 13 2. If the court overcomes a prior determination of
34 14 paternity, the previously established father shall be relieved
34 15 of support obligations as specified in section 600B.41A,
34 16 subsection 4. In any action to overcome paternity other than
34 17 through a pending dissolution action, the provisions of
34 18 section 600B.41A apply. Overcoming paternity under this
34 19 paragraph does not bar subsequent actions to establish
34 20 paternity. A subsequent action to establish paternity against
34 21 the previously established father is not barred if it is
34 22 subsequently determined that the written statement attesting
34 23 that the established father is not the biological father of
34 24 the child may have been submitted erroneously, and that the
34 25 person previously determined not to be the child's father
34 26 during the dissolution action may actually be the child's
34 27 biological father.
34 28 3. If an action to overcome paternity is brought pursuant
34 29 to subsection 1, paragraph "c", the court shall appoint a
34 30 guardian ad litem for the child for the pendency of the
34 31 proceedings.
34 32 Sec. 45. NEW SECTION. 598.21F POSTSECONDARY EDUCATION
34 33 SUBSIDY.
34 34 1. ORDER OF SUBSIDY. The court may order a postsecondary
34 35 education subsidy if good cause is shown.
35 1 2. CRITERIA FOR GOOD CAUSE. In determining whether good
35 2 cause exists for ordering a postsecondary education subsidy,
35 3 the court shall consider the age of the child, the ability of
35 4 the child relative to postsecondary education, the child's
35 5 financial resources, whether the child is self=sustaining, and
35 6 the financial condition of each parent. If the court
35 7 determines that good cause is shown for ordering a
35 8 postsecondary education subsidy, the court shall determine the
35 9 amount of subsidy as follows:
35 10 a. The court shall determine the cost of postsecondary
35 11 education based upon the cost of attending an in=state public
35 12 institution for a course of instruction leading to an
35 13 undergraduate degree and shall include the reasonable costs
35 14 for only necessary postsecondary education expenses.
35 15 b. The court shall then determine the amount, if any,
35 16 which the child may reasonably be expected to contribute,
35 17 considering the child's financial resources, including but not
35 18 limited to the availability of financial aid whether in the
35 19 form of scholarships, grants, or student loans, and the
35 20 ability of the child to earn income while attending school.
35 21 c. The child's expected contribution shall be deducted
35 22 from the cost of postsecondary education and the court shall
35 23 apportion responsibility for the remaining cost of
35 24 postsecondary education to each parent. The amount paid by
35 25 each parent shall not exceed thirty=three and one=third
35 26 percent of the total cost of postsecondary education.
35 27 3. SUBSIDY PAYABLE. A postsecondary education subsidy
35 28 shall be payable to the child, to the educational institution,
35 29 or to both, but shall not be payable to the custodial parent.
35 30 4. REPUDIATION BY CHILD. A postsecondary education
35 31 subsidy shall not be awarded if the child has repudiated the
35 32 parent by publicly disowning the parent, refusing to
35 33 acknowledge the parent, or by acting in a similar manner.
35 34 5. OBLIGATIONS OF CHILD. The child shall forward, to each
35 35 parent, reports of grades awarded at the completion of each
36 1 academic session within ten days of receipt of the reports.
36 2 Unless otherwise specified by the parties, a postsecondary
36 3 education subsidy awarded by the court shall be terminated
36 4 upon the child's completion of the first calendar year of
36 5 course instruction if the child fails to maintain a cumulative
36 6 grade point average in the median range or above during that
36 7 first calendar year.
36 8 6. APPLICATION. A support order, decree, or judgment
36 9 entered or pending before July 1, 1997, that provides for
36 10 support of a child for college, university, or community
36 11 college expenses may be modified in accordance with this
36 12 subsection.
36 13 7. NECESSARY CONTENT OF ORDER. Orders made pursuant to
36 14 this section need mention only those factors relevant to the
36 15 particular case for which the orders are made but shall
36 16 contain the names, birth dates, addresses, and counties of
36 17 residence of the petitioner and respondent.
36 18 Sec. 46. NEW SECTION. 598.21G MINOR PARENT == PARENTING
36 19 CLASSES.
36 20 In any order or judgment entered under chapter 234, 252A,
36 21 252C, 252F, 598, or 600B, or under any other chapter which
36 22 provides for temporary or permanent support payments, if the
36 23 parent ordered to pay support is less than eighteen years of
36 24 age, one of the following shall apply:
36 25 1. If the child support recovery unit is providing
36 26 services pursuant to chapter 252B, the court, or the
36 27 administrator as defined in section 252C.1, shall order the
36 28 parent ordered to pay support to attend parenting classes
36 29 which are approved by the department of human services.
36 30 2. If the child support recovery unit is not providing
36 31 services pursuant to chapter 252B, the court may order the
36 32 parent ordered to pay support to attend parenting classes
36 33 which are approved by the court.
36 34 Sec. 47. Section 598.22, Code 2005, is amended to read as
36 35 follows:
37 1 598.22 SUPPORT PAYMENTS == CLERK OF COURT == COLLECTION
37 2 SERVICES CENTER == DEFAULTS == SECURITY.
37 3 1. Except as otherwise provided in section 598.22A, this
37 4 section applies to all initial or modified orders for support
37 5 entered under this chapter, chapter 234, 252A, 252C, 252F,
37 6 600B, or any other chapter of the Code. All orders or
37 7 judgments entered under chapter 234, 252A, 252C, 252F, or
37 8 600B, or under this chapter or any other chapter which provide
37 9 for temporary or permanent support payments shall direct the
37 10 payment of those sums to the clerk of the district court or
37 11 the collection services center in accordance with section
37 12 252B.14 for the use of the person for whom the payments have
37 13 been awarded. Beginning October 1, 1999, all income
37 14 withholding payments shall be directed to the collection
37 15 services center. Payments to persons other than the clerk of
37 16 the district court and the collection services center do not
37 17 satisfy the support obligations created by the orders or
37 18 judgments, except as provided for trusts governed by the
37 19 federal Retirement Equity Act of 1984, Pub. L. No. 98=397, for
37 20 tax refunds or rebates in section 602.8102, subsection 47, or
37 21 for dependent benefits paid to the child support obligee as
37 22 the result of disability benefits awarded to the child support
37 23 obligor under the federal Social Security Act. For trusts
37 24 governed by the federal Retirement Equity Act of 1984, Pub. L.
37 25 No. 98=397, the order for income withholding or notice of the
37 26 order for income withholding shall require the payment of such
37 27 sums to the alternate payee in accordance with the federal
37 28 Act. For dependent benefits paid to the child support obligee
37 29 as a result of disability benefits awarded to the child
37 30 support obligor under the federal Social Security Act, the
37 31 provisions of section 598.22C shall apply.
37 32 2. An income withholding order or notice of the order for
37 33 income withholding shall be entered under the terms and
37 34 conditions of chapter 252D. However, for trusts governed by
37 35 the federal Retirement Equity Act of 1984, Pub. L. No. 98=397,
38 1 the payor shall transmit the payments to the alternate payee
38 2 in accordance with the federal Act.
38 3 3. An order or judgment entered by the court for temporary
38 4 or permanent support or for income withholding shall be filed
38 5 with the clerk. The orders have the same force and effect as
38 6 judgments when entered in the judgment docket and lien index
38 7 and are records open to the public. Unless otherwise provided
38 8 by federal law, if it is possible to identify the support
38 9 order to which a payment is to be applied, and if sufficient
38 10 information identifying the obligee is provided, the clerk or
38 11 the collection services center, as appropriate, shall disburse
38 12 the payments received pursuant to the orders or judgments
38 13 within two working days of the receipt of the payments. All
38 14 moneys received or disbursed under this section shall be
38 15 entered in records kept by the clerk, or the collection
38 16 services center, as appropriate, which shall be available to
38 17 the public. The clerk or the collection services center shall
38 18 not enter any moneys paid in the record book if not paid
38 19 directly to the clerk or the center, as appropriate, except as
38 20 provided for trusts and federal social security disability
38 21 payments in this section, and for tax refunds or rebates in
38 22 section 602.8102, subsection 47.
38 23 4. If the sums ordered to be paid in a support payment
38 24 order are not paid to the clerk or the collection services
38 25 center, as appropriate, at the time provided in the order or
38 26 judgment, the clerk or the collection services center, as
38 27 appropriate, shall certify a default to the court which may,
38 28 on its own motion, proceed as provided in section 598.23.
38 29 5. Prompt payment of sums required to be paid under
38 30 sections 598.11 and 598.21 598.10, 598.21A, 598.21B, 598.21C,
38 31 598.21E, and 598.21F is the essence of such orders or
38 32 judgments and the court may act pursuant to section 598.23
38 33 regardless of whether the amounts in default are paid prior to
38 34 the contempt hearing.
38 35 6. Upon entry of an order for support or upon the failure
39 1 of a person to make payments pursuant to an order for support,
39 2 the court may require the person to provide security, a bond,
39 3 or other guarantee which the court determines is satisfactory
39 4 to secure the payment of the support. Upon the person's
39 5 failure to pay the support under the order, the court may
39 6 declare the security, bond, or other guarantee forfeited.
39 7 7. For the purpose of enforcement, medical support is
39 8 additional support which, upon being reduced to a dollar
39 9 amount, may be collected through the same remedies available
39 10 for the collection and enforcement of child support.
39 11 8. The clerk of the district court in the county in which
39 12 the order for support is filed and to whom support payments
39 13 are made pursuant to the order may require the person
39 14 obligated to pay support to submit payments by bank draft or
39 15 money order if the obligor submits an insufficient funds
39 16 support payment to the clerk of the district court.
39 17 Sec. 48. Section 598.22C, subsection 2, Code 2005, is
39 18 amended to read as follows:
39 19 2. For the purposes of calculating a support obligation
39 20 under section 598.21, subsection 4 598.21B, the dependent
39 21 benefits paid for any child shall be included as income to the
39 22 disabled parent.
39 23 Sec. 49. Section 598.22C, subsection 3, paragraph a,
39 24 subparagraph (1), Code 2005, is amended to read as follows:
39 25 (1) The dollar amount of the child support obligation as
39 26 calculated by application of the guidelines under section
39 27 598.21, subsection 4 598.21B, and a statement that the social
39 28 security dependent benefits are included as income to the
39 29 obligor in that calculation.
39 30 Sec. 50. Section 598.22C, subsection 3, paragraph b, Code
39 31 2005, is amended to read as follows:
39 32 b. The amount of the child support obligation stated in
39 33 the order, and the amount the obligor shall pay after
39 34 application of the social security disability dependent
39 35 benefit credit or satisfaction stated in the order, shall
40 1 continue until modified, as provided in section 598.21
40 2 598.21C.
40 3 Sec. 51. NEW SECTION. 598.22D SEPARATE FUND OR
40 4 CONSERVATORSHIP FOR SUPPORT.
40 5 The court may protect and promote the best interests of a
40 6 minor child by setting aside a portion of the child support
40 7 which either party is ordered to pay in a separate fund or
40 8 conservatorship for the support, education, and welfare of the
40 9 child.
40 10 Sec. 52. Section 598.41, subsection 1, paragraph a, Code
40 11 2005, is amended to read as follows:
40 12 a. The court may provide for joint custody of the child by
40 13 the parties. The court, insofar as is reasonable and in the
40 14 best interest of the child, shall order the custody award,
40 15 including liberal visitation rights where appropriate, which
40 16 will assure the child the opportunity for the maximum
40 17 continuing physical and emotional contact with both parents
40 18 after the parents have separated or dissolved the marriage,
40 19 and which will encourage parents to share the rights and
40 20 responsibilities of raising the child unless direct physical
40 21 harm or significant emotional harm to the child, other
40 22 children, or a parent is likely to result from such contact
40 23 with one parent.
40 24 Sec. 53. Section 598.41, Code 2005, is amended by adding
40 25 the following new subsection:
40 26 NEW SUBSECTION. 9. All orders relating to custody of a
40 27 child are subject to chapter 598B.
40 28 Sec. 54. Section 600.11, subsection 2, paragraph f, Code
40 29 2005, is amended to read as follows:
40 30 f. A person who is ordered to pay support or a
40 31 postsecondary education subsidy pursuant to section 598.21,
40 32 subsection 5A 598.21F, or chapter 234, 252A, 252C, 252F, 598,
40 33 600B, or any other chapter of the Code, for a person eighteen
40 34 years of age or older who is being adopted by a stepparent,
40 35 and the support order or order requires payment of support or
41 1 postsecondary education subsidy for any period of time after
41 2 the child reaches eighteen years of age.
41 3 Sec. 55. Section 600A.8, Code 2005, is amended by adding
41 4 the following new subsection:
41 5 NEW SUBSECTION. 9. The parent has been imprisoned for a
41 6 crime against the child, the child's sibling, or another child
41 7 in the household, or the parent has been imprisoned and it is
41 8 unlikely that the parent will be released from prison for a
41 9 period of five or more years.
41 10 Sec. 56. Section 600B.25, subsection 1, Code 2005, is
41 11 amended to read as follows:
41 12 1. Upon a finding of paternity pursuant to section
41 13 600B.24, the court shall establish the father's monthly
41 14 support payment and the amount of the support debt accrued or
41 15 accruing pursuant to section 598.21, subsection 4, until the
41 16 child reaches majority or until the child finishes high
41 17 school, if after majority 598.21B. The support obligation
41 18 shall include support of the child between the ages of
41 19 eighteen and nineteen years if the child is engaged full=time
41 20 in completing high school graduation or equivalency
41 21 requirements in a manner which is reasonably expected to
41 22 result in completion of the requirements prior to the person
41 23 reaching nineteen years of age. The court may order the
41 24 father to pay amounts the court deems appropriate for the past
41 25 support and maintenance of the child and for the reasonable
41 26 and necessary expenses incurred by or for the mother in
41 27 connection with prenatal care, the birth of the child, and
41 28 postnatal care of the child and the mother, and other medical
41 29 support as defined in section 252E.1. The court may award the
41 30 prevailing party the reasonable costs of suit, including but
41 31 not limited to reasonable attorney fees.
41 32 Sec. 57. Section 600B.41A, subsection 6, paragraph b, Code
41 33 2005, is amended to read as follows:
41 34 b. If the court dismisses the action to overcome paternity
41 35 and preserves the paternity determination under this
42 1 subsection, the court shall enter an order establishing that
42 2 the parent=child relationship exists between the established
42 3 father and the child, and including establishment of a support
42 4 obligation pursuant to section 598.21 598.21B and provision of
42 5 custody and visitation pursuant to section 598.41.
42 6 Sec. 58. Sections 598.6, 598.14A, 598.14B, and 598.19A,
42 7 Code 2005, are repealed.
42 8 Sec. 59. EFFECTIVE DATE. The provision of the section of
42 9 this Act amending section 598.7A that directs the supreme
42 10 court to prescribe rules regarding the guidelines for
42 11 parenting plans, being deemed of immediate importance, takes
42 12 effect upon enactment.
42 13 EXPLANATION
42 14 This bill amends portions of the Code relating to
42 15 dissolution of marriage and domestic relations, termination of
42 16 parental rights, and child support. The bill also
42 17 restructures Code chapter 598, relating to dissolution of
42 18 marriage and domestic relations by reordering sections and
42 19 providing subsection headings.
42 20 The bill authorizes the court to appoint a guardian ad
42 21 litem in a dissolution proceeding to represent the best
42 22 interests of the child. The bill specifies the duties of the
42 23 guardian ad litem and provides that the same person may serve
42 24 both as the child's legal counsel and as the child's guardian
42 25 ad litem. The bill also provides that the court may appoint a
42 26 separate guardian ad litem, if the same person cannot properly
42 27 represent the legal interests of the child as legal counsel
42 28 and also represent the best interests of the child as guardian
42 29 ad litem, or a separate guardian ad litem is required to
42 30 fulfill the requirements specified for a guardian ad litem.
42 31 The bill also adds as a ground for termination of parental
42 32 rights under Code chapter 600A, the same provision that is
42 33 included as a ground for termination of parental rights under
42 34 Code chapter 232. The ground for termination is that the
42 35 parent of the child has been imprisoned for a crime against
43 1 the child, the child's sibling, or another child in the
43 2 household, or the parent has been imprisoned and it is
43 3 unlikely that the parent will be released from prison for a
43 4 period of five or more years.
43 5 The bill also requires that beginning January 1, 2006, the
43 6 parties to a petition for dissolution of marriage, annulment,
43 7 or separate maintenance that involves a minor child, the
43 8 parties to a petition in a proceeding involving support,
43 9 custody, or visitation of a child for whom paternity has been
43 10 established and whose mother and father have not been and are
43 11 not married to each other at the time of the filing of the
43 12 petition, and the parties to an application for a motion to
43 13 modify an order involving custody or visitation to submit a
43 14 proposed parenting plan within 90 days of the service of
43 15 process of the petition or application. The bill also
43 16 provides that a final decree shall not be granted and a
43 17 temporary or final order shall not be entered until the
43 18 parties have complied with this provision. The bill directs
43 19 the supreme court to prescribe rules for guidelines for the
43 20 parenting plan form and directs the clerks of the district
43 21 court to furnish parenting plan forms to specified parties
43 22 beginning December 1, 2005. The directive to the supreme
43 23 court takes effect upon enactment.
43 24 LSB 1075HV 81
43 25 pf:nh/sh/8