Senate File 2032 - Introduced



                                       SENATE FILE       
                                       BY  BEHN


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the provision of support for adult children
  2    who are dependent because of a physical or mental disability,
  3    providing an effective date, and providing for retroactive
  4    applicability.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 5495SS 81
  7 pf/gg/14

PAG LIN



  1  1    Section 1.  Section 598.1, subsection 9, Code 2005, is
  1  2 amended to read as follows:
  1  3    9.  "Support" or "support payments" means an amount which
  1  4 the court may require either of the parties to pay under a
  1  5 temporary order or a final judgment or decree, and may include
  1  6 alimony, child support, maintenance, and any other term used
  1  7 to describe these obligations.  For orders entered on or after
  1  8 July 1, 1990, unless the court specifically orders otherwise,
  1  9 medical support is not included in the monetary amount of
  1 10 child support.  The obligations shall include support for a
  1 11 child who is between the ages of eighteen and nineteen years
  1 12 who is engaged full=time in completing high school graduation
  1 13 or equivalency requirements in a manner which is reasonably
  1 14 expected to result in completion of the requirements prior to
  1 15 the person reaching nineteen years of age; a child who is
  1 16 between the ages of eighteen and twenty=one years who is
  1 17 dependent on the parties to the dissolution proceedings
  1 18 because of physical or mental disability and who is engaged
  1 19 full=time in completing high school graduation or equivalency
  1 20 requirements in a manner which is reasonably expected to
  1 21 result in completion of the requirements prior to the person
  1 22 reaching twenty=one years of age; and may include support for
  1 23 a child of any age who is dependent on the parties to the
  1 24 dissolution proceedings because of physical or mental
  1 25 disability.
  1 26    Sec. 2.  Section 598.21B, Code Supplement 2005, is amended
  1 27 by adding the following new subsection:
  1 28    NEW SUBSECTION.  2A.  SUPPORT ORDER == CHILD DEPENDENT ON
  1 29 PARTIES BECAUSE OF DISABILITY.  In calculating support for a
  1 30 child of any age dependent on the parties because of physical
  1 31 or mental disability, the court shall apply the child support
  1 32 guidelines and calculate the amount of support in the same
  1 33 manner as that provided under this section for calculation of
  1 34 support for a minor child.  The determination of the support
  1 35 amount shall not include consideration of any supplemental
  2  1 security income received by the adult child.
  2  2    Sec. 3.  Section 598.21C, Code Supplement 2005, is amended
  2  3 by adding the following new subsection:
  2  4    NEW SUBSECTION.  9.  MODIFICATION FOR SUPPORT OF DISABLED
  2  5 CHILD.  Modification of a support order for a child of any age
  2  6 who is dependent on the parties to the original dissolution
  2  7 proceedings because of physical or mental disability shall be
  2  8 subject to the modification provisions applicable to a child
  2  9 support order.
  2 10    Sec. 4.  EFFECTIVE DATE == RETROACTIVE APPLICABILITY.  This
  2 11 Act, being deemed of immediate importance, takes effect upon
  2 12 enactment and is retroactively applicable to orders, decrees,
  2 13 or judgments entered or pending before July 1, 2006, that
  2 14 provide for support for a child of any age who is dependent on
  2 15 the parties to the original dissolution proceedings because of
  2 16 physical or mental disability.
  2 17                           EXPLANATION
  2 18    This bill relates to support of a child of any age who is
  2 19 dependent on the parties to a dissolution proceeding because
  2 20 of physical or mental disability.  The bill provides in the
  2 21 definition of "support" that support obligations shall include
  2 22 the provision of support to a child who is between the ages of
  2 23 18 and 21 years who is dependent on the parties to the
  2 24 dissolution proceedings because of physical or mental
  2 25 disability and who is engaged full=time in completing high
  2 26 school graduation or equivalency requirements in a manner
  2 27 which is reasonably expected to result in completion of the
  2 28 requirements prior to the person reaching 21 years of age.
  2 29    The bill also provides that the court, in calculating
  2 30 support for a child of any age dependent on the parties
  2 31 because of physical or mental disability, shall apply the
  2 32 child support guidelines and calculate the amount of support
  2 33 in the same manner as that provided for calculation of support
  2 34 for a minor child.  Additionally, in calculating the support
  2 35 amount, the court is not to consider any supplemental security
  3  1 income received by the adult child.  The bill also provides
  3  2 that modification of a support order for a child of any age
  3  3 who is dependent on the parties to the original dissolution
  3  4 proceedings because of physical or mental disability is
  3  5 subject to the modification provisions applicable to a child
  3  6 support order.
  3  7    The bill takes effect upon enactment and is retroactively
  3  8 applicable to orders, decrees, or judgments entered or pending
  3  9 before July 1, 2006, that provide for support for a child of
  3 10 any age who is dependent on the parties to the original
  3 11 dissolution proceedings because of physical or mental
  3 12 disability.
  3 13 LSB 5495SS 81
  3 14 pf:nh/gg/14