Senate File 2054 - Introduced SENATE FILE 2054 BY DANIELSON A BILL FOR An Act relating to the calculation of a child support 1 obligation based on voluntary unemployment or 2 underemployment. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5651SS (2) 84 pf/nh
S.F. 2054 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, if a party is 4 voluntarily unemployed or underemployed, the child support 5 obligation shall be calculated based on a determination of 6 income earning potential, unless the party is physically 7 or mentally incapacitated. A party shall not be deemed 8 voluntarily unemployed or underemployed if the party has been 9 temporarily unable to find employment or has been temporarily 10 forced to take a lower paying position due to economic 11 conditions. 12 EXPLANATION 13 This bill provides that in the calculation of a child 14 support obligation, if a party is voluntarily unemployed or 15 underemployed, the child support obligation shall be calculated 16 based on a determination of income earning potential, unless 17 the party is physically or mentally incapacitated. However, a 18 party is not deemed voluntarily unemployed or underemployed if 19 the party has been temporarily unable to find employment or has 20 been temporarily forced to take a lower paying position due to 21 economic conditions. 22 -1- LSB 5651SS (2) 84 pf/nh 1/ 1