H.F. 2110 Section 1. NEW SECTION . 252B.20A Suspension of support —— 1 request by one parent. 2 1. If the unit is providing child support enforcement 3 services pursuant to this chapter, the parent who is ordered 4 to pay support for a dependent child for whom support has been 5 ordered pursuant to chapter 252A, 252C, or 252F, may request 6 the assistance of the unit in suspending the obligation for 7 support if all of the following conditions exist: 8 a. The child is currently residing with the parent who 9 is ordered to pay support, and has been residing with that 10 parent for more than thirty consecutive days. If the basis for 11 suspension under this paragraph applies to at least one but not 12 all of the children for whom support is ordered, the condition 13 of this paragraph is met only if the support order includes a 14 step change. 15 b. There is no order in effect regarding legal custody, 16 physical care, visitation, or other parenting time for the 17 child. 18 c. It is reasonably expected that the basis for suspension 19 under this section will continue for not less than six months 20 from the date a request for assistance to suspend support is 21 received by the unit. 22 d. The child for whom support is ordered is not receiving 23 public assistance pursuant to chapter 239B or 249A, or a 24 comparable law of a foreign jurisdiction, unless the person 25 against whom support is ordered is considered to be a member 26 of the same household as the child for the purposes of public 27 assistance eligibility. 28 e. The requesting parent has signed a notarized affidavit, 29 provided by the unit, attesting to the existence of the 30 conditions under paragraphs “a ” through “d” , has requested 31 suspension of the support order or obligation, and has 32 submitted the affidavit to the unit. 33 f. No prior request for suspension has been served under 34 this section, and no prior request for suspension has been 35 -1- LSB 5615HH (2) 84 pf/nh 1/ 7

H.F. 2110 filed with the unit pursuant to section 252B.20, during the 1 two-year period preceding the request. 2 g. Any other criteria established by rule of the department. 3 2. Upon receipt of the application for suspension and 4 properly executed and notarized affidavit, the unit shall 5 review the application and affidavit to determine that the 6 necessary criteria have been met. The unit shall then do one 7 of the following: 8 a. Deny the request and notify the requesting parent in 9 writing that the application is being denied, providing reasons 10 for the denial and notifying the requesting parent of the right 11 to proceed through private counsel. Denial of the application 12 is not subject to contested case proceedings or further review 13 pursuant to chapter 17A. 14 b. Serve a copy of the application, the affidavit, and 15 notice on the nonrequesting parent by any means provided in 16 section 252B.26. The notice to the nonrequesting parent shall 17 include all of the following: 18 (1) Information sufficient to identify the parties and the 19 support order affected. 20 (2) An explanation of the procedure for suspension and 21 reinstatement of support under this section. 22 (3) An explanation of the rights and responsibilities of the 23 nonrequesting parent, including the applicable procedural time 24 frames. 25 (4) A statement that within twenty days of service, the 26 nonrequesting parent must submit a response, in writing, to the 27 unit agreeing to the assertions or objecting to at least one of 28 the assertions included in the requesting parent’s affidavit. 29 The statement shall inform the nonrequesting parent that if, 30 within twenty days of service, the nonrequesting parent fails 31 to submit a response as specified in this subparagraph (4), the 32 unit will prepare and submit an order as provided in subsection 33 3, paragraph “b” . 34 3. No sooner than thirty days after service on the 35 -2- LSB 5615HH (2) 84 pf/nh 2/ 7

H.F. 2110 nonrequesting parent under subsection 2, paragraph “b” , the 1 unit shall do one of the following: 2 a. If the nonrequesting parent submits a written objection 3 to any assertion included in the requesting parent’s affidavit, 4 deny the request and notify both parents in writing that the 5 application is denied, providing reasons for the denial, and 6 notifying the parents of the right to proceed through private 7 counsel. Denial of the application is not subject to contested 8 case proceedings or further review pursuant to chapter 17A. 9 b. If the nonrequesting parent did not submit a written 10 response to the unit or submitted a response agreeing with 11 all of the assertions included in the requesting parent’s 12 affidavit, approve the request and prepare an order which shall 13 be submitted, along with the affidavit and any response from 14 the nonrequesting parent, to a judge of a district court for 15 approval, suspending the accruing support obligation. If 16 the basis for suspension applies to at least one but not all 17 of the children for whom support is ordered and the support 18 order includes a step change, the unit shall prepare an order 19 suspending the accruing support obligation for each child to 20 whom the basis for suspension applies. 21 4. An order approved by the court for suspension of an 22 accruing support obligation is effective upon the date of 23 filing of the suspension order. 24 5. An order suspending an accruing support obligation 25 entered by the court pursuant to this section shall be 26 considered a temporary order for the period of six months from 27 the date of filing of the suspension order. However, the 28 six-month period shall not include any time during which an 29 application for reinstatement is pending before the court. 30 6. During the six-month period the unit may request that the 31 court reinstate the accruing support order or obligation if any 32 of the following conditions exist: 33 a. Upon application to the unit by either parent or other 34 person who has physical custody of the child. 35 -3- LSB 5615HH (2) 84 pf/nh 3/ 7

H.F. 2110 b. Upon the receipt of public assistance benefits pursuant 1 to chapter 239B or 249A, or a comparable law of a foreign 2 jurisdiction, by the person entitled to receive support and the 3 child on whose behalf support is paid, provided that the person 4 owing the support is not considered to be a member of the same 5 household as the child for the purposes of public assistance 6 eligibility. 7 7. If a condition under subsection 6 exists, the unit may 8 request that the court reinstate an accruing support obligation 9 as follows: 10 a. If the basis for the suspension no longer applies to any 11 of the children for whom an accruing support obligation was 12 suspended, the unit shall request that the court reinstate the 13 accruing support obligations for all of the children. 14 b. If the basis for the suspension continues to apply to 15 at least one but not all of the children for whom an accruing 16 support obligation was suspended and if the support order 17 includes a step change, the unit shall request that the court 18 reinstate the accruing support obligation for each child for 19 whom the basis for the suspension no longer applies. 20 8. Upon filing of an application for reinstatement, service 21 of the application shall be made either in person or by first 22 class mail upon both parents. Within ten days following the 23 date of service, a parent may file a written objection with 24 the clerk of the district court to the entry of an order for 25 reinstatement. 26 a. If no objection is filed, the court may enter an order 27 reinstating the accruing support obligation without additional 28 notice. 29 b. If an objection is filed, the clerk of court shall set 30 the matter for hearing and send notice of the hearing to both 31 parents and the unit. 32 9. The reinstatement is effective as follows: 33 a. For reinstatements initiated under subsection 6, 34 paragraph “a” , the date the notices were served on both parents 35 -4- LSB 5615HH (2) 84 pf/nh 4/ 7

H.F. 2110 pursuant to subsection 8. 1 b. For reinstatements initiated under subsection 6, 2 paragraph “b” , the date the child began receiving public 3 assistance benefits during the suspension of the obligation. 4 c. Support which became due during the period of suspension 5 but prior to the reinstatement is waived and not due and owing 6 unless the suspension was made under false pretenses. 7 10. If the order suspending a support obligation has been 8 on file with the court for a period exceeding six months as 9 computed pursuant to subsection 5, the order becomes final by 10 operation of law and terminates the support obligation, and 11 thereafter, a party seeking to establish a support obligation 12 against either party shall bring a new action for support as 13 provided by law. 14 11. This section shall not limit the rights of a parent 15 or the unit to proceed by other means to suspend, terminate, 16 modify, reinstate, or establish support. 17 12. This section does not provide for the suspension or 18 retroactive modification of support obligations which accrued 19 prior to the entry of an order suspending enforcement and 20 collection of support pursuant to this section. 21 13. Nothing in this section shall prohibit or limit the 22 unit or a party entitled to receive support from enforcing and 23 collecting any unpaid or unsatisfied support that accrued prior 24 to the suspension of the accruing obligation. 25 14. For the purposes of chapter 252H regarding the criteria 26 for a review under subchapter II of that chapter or for a 27 cost-of-living alteration under subchapter IV of that chapter, 28 if a support obligation is terminated or reinstated under 29 this section, such termination or reinstatement shall not be 30 considered a modification of the support order. 31 15. As used in this section, unless the context otherwise 32 requires, “step change” means a change designated in a support 33 order specifying the amount of the child support obligation 34 as the number of children entitled to support under the order 35 -5- LSB 5615HH (2) 84 pf/nh 5/ 7

H.F. 2110 changes. 1 Sec. 2. Section 252B.20, subsection 1, paragraph d, Code 2 Supplement 2011, is amended to read as follows: 3 d. No prior request for suspension has been filed with the 4 unit under this section and no prior request for suspension 5 has been served by the unit under section 252B.20A during the 6 two-year period preceding the request , unless the request was 7 filed during the two-year period preceding July 1, 2005, the 8 unit denied the request because the suspension did not apply 9 to all children for whom support is ordered, and the parents 10 jointly file a request on or after July 1, 2005 . 11 Sec. 3. ADOPTION OF RULES. Until such time as the 12 department of human services adopts rules pursuant to chapter 13 17A regarding section 252B.20A, as enacted in this Act, the 14 child support recovery unit may, to the extent appropriate, 15 apply and utilize procedures, rules, and forms substantially 16 similar to those applicable and utilized pursuant to section 17 252B.20. 18 Sec. 4. EFFECTIVE DATE. This Act takes effect January 1, 19 2013. 20 EXPLANATION 21 This bill provides a process for suspension of a child 22 support obligation or order if the requesting parent meets 23 the following criteria: the child has been residing with 24 the parent ordered to pay support for more than 30 days and 25 is still residing with that parent; there is no order in 26 effect for legal custody, physical care, visitation, or other 27 parenting time for the child; it is reasonably expected that 28 the basis for the suspension will continue for not less than 29 six months; the child is not receiving public assistance 30 unless the requesting parent is considered a member of the 31 same household as the child for public assistance eligibility; 32 the requesting parent attests to meeting the criteria in a 33 signed notarized affidavit submitted to the child support 34 recovery unit (unit); a request has not been made during the 35 -6- LSB 5615HH (2) 84 pf/nh 6/ 7

H.F. 2110 two-year period preceding the request; and any other criteria 1 established by the unit. The bill provides the procedure 2 to be followed by the unit upon submission of the request 3 for suspension; provides that a suspension order approved 4 by the court is effective upon the date of filing of the 5 suspension order; provides that the approved suspension order 6 is considered a temporary order for the initial six-month 7 period; provides for reinstatement of the support order if 8 certain conditions are met and the procedure for reinstatement; 9 and provides that a suspension on file with the court for a 10 period exceeding six months becomes final by operation of law, 11 terminates the support obligation, and if a party seeks to 12 establish a subsequent support obligation, the party must bring 13 a new action. The bill provides that the department of human 14 services may use the procedures, rules, and forms substantially 15 similar to those applicable and utilized for the suspension 16 procedure under Code section 252B.20. The bill takes effect 17 January 1, 2013. 18 -7- LSB 5615HH (2) 84 pf/nh 7/ 7