Senate
Study
Bill
3074
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
HUMAN
SERVICES
BILL)
A
BILL
FOR
An
Act
relating
to
child
support
recovery
including
child
1
support
provisions
for
minor
parents,
medical
support,
and
2
the
review
and
adjustment
process.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
252B.5,
subsection
2,
Code
Supplement
1
2009,
is
amended
to
read
as
follows:
2
2.
Aid
in
establishing
paternity
and
securing
a
court
or
3
administrative
order
for
support
pursuant
to
chapter
252A,
4
252C,
252F,
or
600B,
or
any
other
chapter
providing
for
5
the
establishment
of
paternity
or
support.
In
an
action
to
6
establish
support,
the
resident
parent
may
be
a
proper
party
7
defendant
for
purposes
of
determining
medical
support
as
8
provided
in
section
252E.1A
upon
service
of
notice
as
provided
9
in
this
chapter
and
without
a
court
order
as
provided
in
10
the
rules
of
civil
procedure
.
The
unit’s
independent
cause
11
of
action
shall
not
bar
a
party
from
seeking
support
in
a
12
subsequent
proceeding.
13
Sec.
2.
Section
252F.1,
subsection
4,
Code
Supplement
2009,
14
is
amended
to
read
as
follows:
15
4.
“Party”
means
a
putative
father
or
a
mother
,
as
named
in
16
an
action
.
17
Sec.
3.
Section
252F.4,
subsections
1
through
4,
Code
18
Supplement
2009,
are
amended
to
read
as
follows:
19
1.
If
both
parties
fail
each
party
fails
to
respond
to
the
20
initial
notice
within
twenty
days
after
the
date
of
service
of
21
the
notice
or
fail
fails
to
appear
at
a
conference
pursuant
to
22
section
252F.3
on
the
scheduled
date
of
the
conference,
and
23
paternity
has
not
been
contested
and
both
parties
fail
each
24
party
fails
to
timely
request
a
court
hearing
on
the
issue
of
25
support,
the
administrator
shall
enter
an
order
against
the
26
parties,
declaring
the
putative
father
to
be
the
legal
father
27
of
the
child
or
children
involved
and
assessing
any
accrued
and
28
accruing
child
support
obligation
pursuant
to
the
guidelines
29
established
under
section
598.21B,
and
medical
support
pursuant
30
to
chapter
252E.
31
2.
If
paternity
is
contested
pursuant
to
section
252F.3,
32
subsection
6,
and
the
party
contesting
paternity
fails
to
33
appear
for
a
paternity
test
and
fails
to
request
a
rescheduling
34
pursuant
to
section
252F.3,
or
fails
to
appear
for
both
the
35
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initial
and
the
rescheduled
paternity
tests
and
both
parties
1
fail
each
party
fails
to
timely
request
a
court
hearing
on
2
the
issue
of
support,
the
administrator
shall
enter
an
order
3
against
the
parties
declaring
the
putative
father
to
be
the
4
legal
father
of
the
child
or
children
involved
and
assessing
5
any
accrued
and
accruing
child
support
obligation
pursuant
to
6
the
guidelines
established
under
section
598.21B,
and
medical
7
support
pursuant
to
chapter
252E.
8
3.
If
a
conference
pursuant
to
section
252F.3
is
held,
9
and
paternity
is
not
contested,
and
both
parties
fail
each
10
party
fails
to
timely
request
a
court
hearing
on
the
issue
of
11
support,
the
administrator
shall
enter
an
order
against
the
12
parties
after
the
second
notice
has
been
sent
declaring
the
13
putative
father
to
be
the
legal
father
of
the
child
or
children
14
involved
and
assessing
any
accrued
and
accruing
child
support
15
obligation
pursuant
to
the
guidelines
established
under
section
16
598.21B,
and
medical
support
pursuant
to
chapter
252E.
17
4.
If
paternity
was
contested
and
paternity
testing
was
18
performed
and
the
putative
father
was
not
excluded,
if
the
19
test
results
indicate
that
the
probability
of
the
putative
20
father’s
paternity
is
ninety-five
percent
or
greater,
if
the
21
test
results
are
not
timely
challenged,
and
if
both
parties
22
fail
each
party
fails
to
timely
request
a
court
hearing
on
23
the
issue
of
support,
the
administrator
shall
enter
an
order
24
against
the
parties
declaring
the
putative
father
to
be
the
25
legal
father
of
the
child
or
children
involved
and
assessing
26
any
accrued
and
accruing
child
support
obligation
pursuant
to
27
the
guidelines
established
under
section
598.21B,
and
medical
28
support
pursuant
to
chapter
252E.
29
Sec.
4.
Section
252H.7,
subsection
1,
unnumbered
paragraph
30
1,
Code
2009,
is
amended
to
read
as
follows:
31
A
parent
may
waive
the
thirty-day
ten-day
prereview
waiting
32
period
provided
for
in
section
252H.16.
33
Sec.
5.
Section
252H.7,
subsection
1,
paragraph
a,
Code
34
2009,
is
amended
to
read
as
follows:
35
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a.
Upon
receipt
of
signed
requests
from
both
parents
1
waiving
the
prereview
waiting
period,
the
unit
may
conduct
a
2
review
of
the
support
order
prior
to
the
expiration
of
the
3
thirty-day
ten-day
period
provided
in
section
252H.16.
4
Sec.
6.
Section
252H.8,
subsections
1
and
7,
Code
2009,
are
5
amended
to
read
as
follows:
6
1.
For
actions
initiated
under
section
252H.15,
either
7
parent
or
the
unit
may
request
a
court
hearing
within
8
thirty
ten
days
from
the
date
of
issuance
of
the
notice
of
9
decision
under
section
252H.16,
or
within
ten
days
of
the
date
10
of
issuance
of
the
second
notice
of
decision
under
section
11
252H.17,
whichever
is
later.
12
7.
For
actions
initiated
under
section
252H.15,
a
13
hearing
shall
not
be
held
for
at
least
thirty-one
eleven
days
14
following
the
date
of
issuance
of
the
notice
of
decision
15
unless
the
parents
have
jointly
waived,
in
writing,
the
16
thirty-day
ten-day
postreview
period.
17
Sec.
7.
Section
252H.14A,
subsection
1,
Code
2009,
is
18
amended
to
read
as
follows:
19
1.
Notwithstanding
section
252H.15,
to
assist
the
unit
in
20
meeting
the
requirement
for
reviews
and
adjustments
under
the
21
federal
Deficit
Reduction
Act
of
2005,
Pub.
L.
No.
109-171,
the
22
unit
may
use
procedures
under
this
section
to
review
a
support
23
order
if
all
the
following
apply:
24
a.
One
of
the
following
applies:
25
(1)
The
right
to
ongoing
child
support
is
assigned
to
the
26
state
of
Iowa
due
to
the
receipt
of
family
investment
program
27
assistance,
and
a
review
of
the
support
order
is
required
under
28
section
7302
of
the
federal
Deficit
Reduction
Act
of
2005,
Pub.
29
L.
No.
109-171.
30
(2)
A
parent
requests
a
review,
provides
the
unit
with
31
financial
information
as
part
of
that
request,
and
the
order
32
meets
the
criteria
for
review
under
this
subchapter.
33
b.
The
unit
has
access
to
information
concerning
the
34
financial
circumstances
of
each
parent
and
one
of
the
following
35
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applies:
1
(1)
The
parent
is
a
recipient
of
family
investment
program
2
assistance,
medical
assistance,
or
food
assistance
from
the
3
department.
4
(2)
The
parent’s
income
is
from
supplemental
security
5
income
paid
pursuant
to
42
U.S.C.
§
1381a.
6
(3)
The
parent
is
a
recipient
of
disability
benefits
under
7
the
Act
because
of
the
parent’s
disability.
8
(4)
The
parent
is
an
inmate
of
an
institution
under
the
9
control
of
the
department
of
corrections.
10
(5)
The
unit
has
access
to
information
described
in
section
11
252B.7A,
subsection
1,
paragraph
“c”
.
12
Sec.
8.
Section
252H.16,
subsection
2,
Code
2009,
is
amended
13
to
read
as
follows:
14
2.
Unless
both
parents
have
waived
the
prereview
notice
15
period
as
provided
for
in
section
252H.7,
the
review
shall
not
16
be
conducted
for
at
least
thirty
ten
days
from
the
date
both
17
parents
were
successfully
served
with
the
notice
required
in
18
section
252H.15.
19
Sec.
9.
Section
598.21B,
subsection
2,
paragraph
e,
20
unnumbered
paragraph
1,
Code
Supplement
2009,
is
amended
to
21
read
as
follows:
22
Unless
the
special
circumstances
of
the
case
justify
a
23
deviation,
the
court
or
the
child
support
recovery
unit
shall
24
establish
a
monthly
child
support
payment
of
twenty-five
25
dollars
in
accordance
with
the
guidelines
for
a
parent
who
is
26
nineteen
years
of
age
or
younger,
who
has
not
received
a
high
27
school
or
high
school
equivalency
diploma,
and
to
whom
each
of
28
the
following
apply:
29
Sec.
10.
RULES.
Until
the
department
of
human
services
30
amends
rules
pursuant
to
chapter
17A
necessary
to
conform
with
31
the
sections
of
this
Act
amending
sections
252H.7,
252H.8,
32
252H.14A,
and
252H.16,
any
existing
rule
relating
to
review
and
33
adjustment
of
support
orders
shall
apply
as
follows:
34
1.
Any
provision
for
a
time
limit
that
conflicts
with
a
35
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provision
of
this
Act
amending
section
252H.7,
252H.8,
or
1
252H.16,
shall
not
apply.
2
2.
Any
rule
that
applies
to
review
and
adjustment
of
support
3
orders
shall
also
apply
to
review
under
section
252H.14A,
as
4
amended
by
this
Act,
except
that
a
provision
for
a
time
limit,
5
notice,
or
other
procedure
which
conflicts
with
a
provision
of
6
section
252H.14A,
as
amended
by
this
Act,
shall
not
apply.
7
EXPLANATION
8
This
bill
amends
child
support
recovery
provisions
relating
9
to
child
support
obligations
for
minor
parents,
medical
10
support,
and
the
review
and
adjustment
process.
11
The
amendment
to
Code
section
252B.5
provides
for
a
process,
12
consistent
with
other
child
support
Code
chapters,
to
add
13
a
party
to
an
action
in
determining
medical
support.
The
14
amendments
to
Code
chapter
252F
relating
to
administrative
15
establishment
of
paternity,
correct
an
inconsistency
in
the
16
Code
chapter
between
the
provisions
for
advance
notice
to
the
17
parent
about
an
order
which
currently
apply
to
each
parent
18
(Code
section
252F.3)
and
obtaining
a
paternity
and
support
19
order
which
currently
apply
to
both
parents
(Code
section
20
252F.4).
The
bill
amends
Code
section
252F.4
and
makes
a
21
conforming
change
in
Code
section
252F.1
to
provide
that
both
22
parties
would
not
always
have
to
be
formally
served
and
added
23
or
joined
to
a
paternity
and
medical
support
proceeding,
but
24
would
be
added
only
as
necessary.
25
The
amendments
to
Code
chapter
252H
relating
to
review
and
26
adjustment
of
child
support
orders
shorten
the
waiting
periods
27
in
regular
reviews
from
30
days
to
10
days
for
both
the
time
28
allowed
parents
to
gather
necessary
information
to
submit
to
29
the
child
support
recovery
unit
(CSRU)
and
for
parents
to
study
30
the
revised
child
support
calculation
sent
to
them
by
the
CSRU.
31
The
30-day
time
period
was
eliminated
as
a
mandate
in
federal
32
law
in
1996.
The
bill
also
makes
changes
to
the
abbreviated
33
review
process,
currently
used
when
a
child
is
enrolled
in
the
34
family
investment
program,
to
also
allow
the
shortened
process
35
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in
cases
in
which
a
parent
requests
a
review
or
when
CSRU
has
1
access
to
the
necessary
information
through
an
automated
source
2
such
as
unemployment
benefits,
wage
information,
or
information
3
from
the
parent’s
current
employer.
In
effect,
the
process
4
is
abbreviated
by
eliminating
the
first
waiting
period
(used
5
for
asking
and
waiting
for
both
parents
to
gather
and
send
6
in
their
financial
information,
because
the
information
is
7
already
available
from
an
automated
source),
while
retaining
8
the
regular
postreview
waiting
period
for
the
parents
to
review
9
the
child
support
calculation.
10
The
bill
also
amends
Code
section
598.21B
to
conform
with
11
new
child
support
guidelines.
Current
law,
based
on
the
former
12
guidelines,
requires
minor
parent
payors
who
are
still
in
high
13
school
to
pay
a
minimum
of
$25
a
month
in
support.
Under
the
14
new
guidelines
providing
for
support
amounts
of
less
than
$25
15
a
month,
such
a
minor
parent
could
pay
less
than
$25,
as
is
16
reflected
in
the
language
of
the
bill.
17
The
bill
also
provides
transition
provisions
relating
18
to
existing
rules
that
conflict
with
review
and
adjustment
19
provisions
of
the
bill.
20
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