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