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