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