House File 666 - Introduced
HOUSE FILE
BY BERRY
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the administrative modification of a child
2 support order.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2266HH 83
5 pf/nh/8
PAG LIN
1 1 Section 1. Section 252H.4, subsection 4, Code 2009, is
1 2 amended to read as follows:
1 3 4. The unit shall adopt rules pursuant to chapter 17A to
1 4 establish the process for the review of requests for
1 5 adjustment, the criteria and procedures for conducting a
1 6 review and determining when an adjustment is appropriate, the
1 7 procedure and criteria for a cost=of=living alteration, the
1 8 criteria and procedure for a request for review and
1 9 administrative modification pursuant to section 252H.18A, and
1 10 other rules necessary to implement this chapter.
1 11 Sec. 2. Section 252H.8, subsection 5, paragraph f, Code
1 12 2009, is amended to read as follows:
1 13 f. Copies of any financial statements and supporting
1 14 documentation provided by the parents including proof
1 15 supporting documentation of a substantial change in
1 16 circumstances for a request filed pursuant to section
1 17 252H.18A.
1 18 Sec. 3. Section 252H.9, subsection 2, Code 2009, is
1 19 amended to read as follows:
1 20 2. a. For orders to which subchapter II or III is
1 21 applicable, the unit shall determine the appropriate amount of
1 22 the child support obligation using the current child support
1 23 guidelines established pursuant to section 598.21B and the
1 24 criteria established pursuant to section 252B.7A and shall
1 25 determine the provisions for medical support pursuant to
1 26 chapter 252E.
1 27 b. If the unit is administratively modifying an existing
1 28 order and establishing support pursuant to section 252H.18A,
1 29 subsection 4, the unit shall determine the child support
1 30 obligation of both parents or parties in the manner required
1 31 by the rule relating to split divided physical care of a child
1 32 under the child support guidelines.
1 33 Sec. 4. Section 252H.18A, Code 2009, is amended to read as
1 34 follows:
1 35 252H.18A REQUEST FOR REVIEW OUTSIDE APPLICABLE TIME FRAMES
2 1 AND ADMINISTRATIVE MODIFICATION.
2 2 1. If a support order is not eligible for review and
2 3 adjustment because the support order is outside of the minimum
2 4 time frames specified by rule of the department administrative
2 5 modification pursuant to section 252H.18, a parent may request
2 6 a review and administrative modification by submitting all of
2 7 the following to the unit:
2 8 a. A written request for review and administrative
2 9 modification of the support order which is outside of the
2 10 applicable time frames.
2 11 b. Verified Supporting documentation of a substantial
2 12 change in circumstances as specified by rule of the
2 13 department.
2 14 2. Upon receipt of the request and all documentation
2 15 required in subsection 1, the unit shall review the request
2 16 and documentation and if appropriate shall issue a notice of
2 17 intent to modify as provided in section 252H.19.
2 18 3. Notwithstanding section 598.21C, for purposes of this
2 19 section, a substantial change in circumstances means there
2 20 includes but is not limited to any of the following:
2 21 a. There has been a change of fifty percent or more in the
2 22 income of a parent, and the change is due to financial
2 23 circumstances which have existed for a minimum period of three
2 24 months and can reasonably be expected to exist for an
2 25 additional three months.
2 26 b. The child for whom support is ordered is currently
2 27 residing with and being provided routine care by the parent
2 28 who is ordered to pay support, due to circumstances which can
2 29 reasonably be expected to last for at least six months. Such
2 30 circumstances may include but are not limited to any of the
2 31 following:
2 32 (1) The juvenile court has entered an order pursuant to
2 33 chapter 232 awarding legal custody or physical care of the
2 34 child to the parent who is obligated to pay support for the
2 35 child.
3 1 (2) The parent or party to whom support is ordered to be
3 2 paid has been incarcerated.
3 3 (3) The parent or party to whom support is ordered to be
3 4 paid has died.
3 5 (4) The parent or party to whom support is ordered to be
3 6 paid agrees to allow the child to reside with and be provided
3 7 routine care by the parent who is ordered to pay support.
3 8 4. A parent requesting an administrative modification
3 9 under this section due to circumstances described in
3 10 subsection 3, paragraph "b", may also submit a request to the
3 11 unit for assistance in establishing support for the child.
3 12 The unit shall adopt rules pursuant to chapter 17A to create
3 13 an expedited process providing for the administrative
3 14 modification of the existing order and establishment of
3 15 support for the child, concurrently.
3 16 EXPLANATION
3 17 This bill makes changes in the administrative modification
3 18 provisions for child support orders. The bill amends the
3 19 eligibility criteria for the review and administrative
3 20 modification of a child support order.
3 21 The bill requires a written request for review and
3 22 administrative modification, and requires submission of
3 23 supporting rather than verified documentation regarding a
3 24 substantial change in circumstances. The bill also changes
3 25 the basis for establishing a substantial change in
3 26 circumstances from circumstances relating to a specific change
3 27 in income to specified situations constituting a substantial
3 28 change in circumstances.
3 29 The bill provides that if a parent is requesting an
3 30 administrative modification based on any of the newly
3 31 specified substantial changes in circumstances, the parent may
3 32 also submit a request to the child support recovery unit for
3 33 assistance in establishing support for the child. The bill
3 34 directs the unit to adopt rules to provide for an expedited
3 35 process to provide for administrative modification of an
4 1 existing order and establishment of support for the child,
4 2 concurrently.
4 3 The bill also provides that if the unit is administratively
4 4 modifying an existing order and establishing support,
4 5 concurrently, the unit is to determine the child support
4 6 obligation of both parents or parties in the manner required
4 7 by the rule relating to split or divided physical care of a
4 8 child under the child support guidelines.
4 9 LSB 2266HH 83
4 10 pf/nh/8