Senate Study Bill 1101 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF HUMAN SERVICES BILL) A BILL FOR An Act relating to child support recovery. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 1226DP (5) 84 pf/nh

S.F. _____ H.F. _____ Section 1. Section 252D.18, subsection 3, Code 2011, is 1 amended to read as follows: 2 3. The court or the child support recovery unit may, 3 by ex parte order, terminate an income withholding order 4 when the current support obligation has terminated and when 5 the delinquent support obligation has been fully satisfied 6 as applicable to all of the children covered by the income 7 withholding order. The unit may, by ex parte order, terminate 8 an income withholding order when the unit will no longer be 9 providing services under chapter 252B, or when a foreign 10 jurisdiction will be providing services under Tit. IV-D of the 11 federal Social Security Act. 12 Sec. 2. Section 252H.2, subsection 2, paragraph g, Code 13 2011, is amended to read as follows: 14 g. “Determination of controlling order” means the process 15 of identifying a child support order which must be recognized 16 pursuant to section 252K.207 and 28 U.S.C. § 1738B, when 17 more than one state has issued a support order for the same 18 child and the same obligor , and may include a reconciliation 19 of arrearages with information related to the calculation . 20 Registration of a foreign order is not necessary for a court or 21 the unit to make a determination of controlling order. 22 Sec. 3. Section 252H.14A, subsection 3, Code 2011, is 23 amended to read as follows: 24 3. Upon completion of the review, the unit shall issue a 25 notice of decision to each parent, or if applicable, to each 26 parent’s attorney. The notice shall be served in accordance 27 with the rules of civil procedure or as provided in section 28 252B.26 , except that a parent requesting a review pursuant to 29 section 252H.13 shall waive the right to personal service of 30 the notice in writing and accept service by regular mail. If 31 the service by regular mail does not occur within ninety days 32 of the written waiver of personal service, personal service of 33 the notice is required unless a new waiver of personal service 34 is obtained . 35 -1- LSB 1226DP (5) 84 pf/nh 1/ 3

S.F. _____ H.F. _____ Sec. 4. Section 252J.4, subsection 3, Code 2011, is amended 1 to read as follows: 2 3. The unit shall notify the individual of the date, time, 3 and location of the conference by regular mail, with the date 4 of the conference to be no earlier than ten days following 5 issuance of notice of the conference by the unit , unless the 6 individual and the unit agree to an earlier date which may be 7 the same date the individual requests the conference . If the 8 individual fails to appear at the conference, the unit shall 9 issue a certificate of noncompliance. 10 EXPLANATION 11 This bill includes provisions relating to child support 12 recovery. 13 The bill includes two provisions relating to coordinating 14 interstate child support cases mandated by recently adopted 15 federal regulations. The bill provides that when the child 16 support recovery unit is no longer providing services or 17 when a foreign jurisdiction will be providing services, the 18 unit may, by ex parte order, terminate an income withholding 19 order. Additionally, the bill amends the definition of 20 “determination of controlling order” to include in that process 21 a reconciliation of arrearages with information related to that 22 calculation. 23 The bill also provides that a parent requesting an 24 abbreviated review of a child support order shall waive the 25 right to personal service of the notice of decision by personal 26 service in writing and accept service by regular mail. If the 27 service by regular mail does not occur within 90 days of the 28 written waiver, personal service of the notice is required 29 unless a new written waiver is obtained. This provision is 30 consistent with language relating to a notice of intent to 31 review and adjust under Code section 252H.15 and language 32 relating to the notice of intent to modify under Code section 33 252H.19. 34 The bill also provides for an exception to the requirement 35 -2- LSB 1226DP (5) 84 pf/nh 2/ 3

S.F. _____ H.F. _____ that a conference, following issuance of a notice of the 1 conference, be no earlier than 10 days following issuance of 2 the notice by the child support recovery unit, if an individual 3 and the unit agree to an earlier date which may be the same date 4 the individual requests the conference. 5 -3- LSB 1226DP (5) 84 pf/nh 3/ 3