House File 2280 - Introduced HOUSE FILE 2280 BY WINDSCHITL A BILL FOR An Act relating to child support obligations and neglect or 1 abandonment of a child based on nonsupport, and providing 2 penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5506YH (7) 84 pf/rj
H.F. 2280 Section 1. Section 598.21B, subsection 2, paragraph b, Code 1 2011, is amended by adding the following new subparagraph: 2 NEW SUBPARAGRAPH . (4) For the purposes of calculating 3 a support obligation under this section, unless otherwise 4 provided in this section, the minimum monthly child support 5 payment established shall be one hundred dollars. 6 Sec. 2. Section 726.3, Code 2011, is amended to read as 7 follows: 8 726.3 Neglect or abandonment of a dependent person. 9 1. A person who is the father, mother, or some other person 10 having custody of a child, or of any other person who by 11 reason of mental or physical disability is not able to care 12 for the person’s self, who knowingly or recklessly exposes 13 such person to a hazard or danger against which such person 14 cannot reasonably be expected to protect such person’s self or 15 who deserts or abandons such person, knowing or having reason 16 to believe that the person will be exposed to such hazard or 17 danger, commits a class “C” felony. However, a parent or 18 person authorized by the parent shall not be prosecuted for a 19 violation of this section involving abandonment of a newborn 20 infant, if the parent or the person authorized by the parent 21 has voluntarily released custody of the newborn infant in 22 accordance with section 233.2 . 23 2. Notwithstanding the amount specified in section 726.5, a 24 person who commits nonsupport pursuant to section 726.5 in an 25 amount greater than two thousand dollars commits abandonment. 26 A person who commits abandonment under this subsection is 27 guilty of a class “C” felony. 28 3. Notwithstanding the amount specified in section 726.5, a 29 person who commits nonsupport pursuant to section 726.5 in an 30 amount greater than ten thousand dollars commits neglect. A 31 person who commits neglect under this subsection is guilty of a 32 class “C” felony. 33 EXPLANATION 34 This bill relates to child support obligations. 35 -1- LSB 5506YH (7) 84 pf/rj 1/ 2
H.F. 2280 The bill provides that for the purposes of calculating a 1 support obligation, unless otherwise provided, the minimum 2 monthly child support payment established is required to be 3 $100. 4 The bill also provides that a person who commits nonsupport 5 of a child or a ward in an amount greater than $2,000 commits 6 abandonment. A person who commits abandonment as specified 7 under the bill is guilty of a class “C” felony. 8 The bill also provides that a person who commits nonsupport 9 of a child or ward in an amount greater than $10,000 commits 10 neglect. A person who commits neglect as specified under the 11 bill is guilty of a class “C” felony. 12 A class “C” felony is punishable by confinement for no more 13 than 10 years and a fine of at least $1,000 but not more than 14 $10,000. 15 -2- LSB 5506YH (7) 84 pf/rj 2/ 2