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 TLSB 5348XD (4) 83 pf/nh
S.F. _____ H.F. _____ 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 -1- LSB 5348XD (4) 83 pf/nh 1/ 6
S.F. _____ H.F. _____ 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 -2- LSB 5348XD (4) 83 pf/nh 2/ 6
S.F. _____ H.F. _____ 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 -3- LSB 5348XD (4) 83 pf/nh 3/ 6
S.F. _____ H.F. _____ 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 -4- LSB 5348XD (4) 83 pf/nh 4/ 6
S.F. _____ H.F. _____ 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 -5- LSB 5348XD (4) 83 pf/nh 5/ 6
S.F. _____ H.F. _____ 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 -6- LSB 5348XD (4) 83 pf/nh 6/ 6