Senate File 2026 - Introduced SENATE FILE 2026 BY HOGG A BILL FOR An Act relating to modification of a child support order for 1 parents engaged in active military service, and providing a 2 standing appropriation. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5386XS (5) 83 pf/nh

S.F. 2026 Section 1. NEW SECTION . 252B.28 Active duty —— modification 1 of support order —— standing appropriation. 2 1. Notwithstanding any other provision of law to the 3 contrary, if an obligor engaged in active duty experiences a 4 reduction in income due to such active duty, the reduction in 5 income constitutes a substantial change in circumstances for 6 purposes of modification of any child support order to which 7 the obligor is subject, as provided in this section. 8 2. a. Upon receipt of a notarized letter from the 9 commanding officer of the obligor engaged in active duty which 10 contains the date of the commencement of active duty and the 11 compensation of the obligor for such active duty, if the unit 12 determines that the obligor has experienced a reduction in 13 income due to such active duty, the unit shall do all of the 14 following relating to the obligor’s income upon which the 15 current support order is based: 16 (1) Mail a copy of the notarized letter to the obligee with 17 a notice informing the obligee that the letter constitutes a 18 petition for modification of child support during the obligor’s 19 active duty. 20 (2) Take appropriate action to seek a temporary 21 modification of the support order in accordance with the 22 guidelines established pursuant to section 598.21B. The 23 modification shall be retroactive to the date the obligee was 24 mailed a copy of the notarized letter. 25 b. Receipt of the notarized letter by the unit constitutes 26 an application for services under this chapter. 27 3. Upon discharge from active duty, the obligor shall 28 notify the unit. The unit shall take appropriate action to 29 seek modification of the order or judgment for temporary 30 modification of child support in accordance with the guidelines 31 established pursuant to section 598.21B. Receipt of such 32 notification by the unit constitutes an application for 33 services under this chapter. 34 4. For each support order modified under this section to 35 -1- LSB 5386XS (5) 83 pf/nh 1/ 3

S.F. 2026 reflect the reduction in an obligor’s income resulting from the 1 obligor’s engagement in active duty, the unit shall determine 2 the difference between the amount of support provided under the 3 order prior to modification and under the modified order, make 4 any adjustments for individuals eligible as public assistance 5 recipients, and forward the resulting amount to the obligee on 6 a monthly basis. 7 5. There is appropriated from the general fund of the state 8 to the department of human services each fiscal year beginning 9 July 1, 2010, an amount necessary for the payment of support 10 amounts under this section. 11 6. For the purposes of this section: 12 a. “Active duty” means that the obligor is a member of a 13 reserve unit or national guard unit that is called into active 14 duty as defined in 10 U.S.C. § 101(d)(1), for a period of more 15 than thirty days, but not including active duty for training or 16 attendance at a service school. 17 b. “Support order” means any order entered pursuant to 18 chapter 234, 252A, 252C, 252F, 252H, 598, 600B, or any other 19 support chapter or proceeding which establishes support 20 payments as defined in section 252D.16 or 598.1. 21 EXPLANATION 22 This bill provides for the modification of support orders 23 to reflect the reduction in pay of an obligor due to engaging 24 in active military duty. The bill provides that if an obligor 25 experiences a reduction in income due to active duty, the 26 reduction in income constitutes a substantial change in 27 circumstances, and is therefore a basis for modification of a 28 support order. 29 The bill establishes a process for modification of a support 30 order through the child support recovery unit. Upon receipt 31 of a notarized letter from the commanding officer of the 32 obligor engaged in active duty which contains the date of the 33 commencement of active duty and the compensation of the obligor 34 for such active duty, if the unit determines that the obligor 35 -2- LSB 5386XS (5) 83 pf/nh 2/ 3

S.F. 2026 has experienced a reduction in income due to such active duty, 1 the unit is directed to mail a copy of the notarized letter 2 to the obligee with a notice informing the obligee that the 3 letter constitutes a petition for modification of child support 4 during the obligor’s active duty and to take appropriate action 5 to seek a temporary modification of the support order in 6 accordance with the child support guidelines. The modification 7 is retroactive to the date the obligee was mailed a copy of the 8 notarized letter. 9 Upon return from active duty, the obligor is required to 10 notify the unit, and the unit is to take appropriate action to 11 seek modification of the support order in accordance with the 12 child support guidelines. 13 For each support order modified under the provisions of the 14 bill, the unit is directed to determine the difference between 15 the amount of support provided under the current order and the 16 modified order, and forward the amount to the obligee on a 17 monthly basis. The bill provides a standing appropriation to 18 the department of human services for payment of these amounts. 19 -3- LSB 5386XS (5) 83 pf/nh 3/ 3