House File 58 - Introduced HOUSE FILE 58 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 1090YH (7) 85 pf/rj

H.F. 58 Section 1. Section 598.21B, subsection 1, paragraph c, Code 1 2013, is amended to read as follows: 2 c. It is the intent of the general assembly that, to 3 the extent possible within the requirements of federal law, 4 the court and the child support recovery unit consider the 5 individual facts of each judgment or case in the application 6 of the guidelines and determine the support obligation 7 accordingly. It is also the intent of the general assembly 8 that in the supreme court’s review of the guidelines, the 9 supreme court shall do both all of the following: 10 (1) Emphasize the ability of a court to apply the guidelines 11 in a just and appropriate manner based upon the individual 12 facts of a judgment or case. 13 (2) In determining monthly child support payments, consider 14 other children for whom either parent is legally responsible 15 for support and other child support obligations actually paid 16 by either party pursuant to a court or administrative order. 17 (3) Unless otherwise provided in subsection 2, establish a 18 minimum monthly child support payment of one hundred dollars. 19 Sec. 2. Section 726.3, Code 2013, is amended to read as 20 follows: 21 726.3 Neglect or abandonment of a dependent person. 22 1. A person who is the father, mother, or some other person 23 having custody of a child, or of any other person who by 24 reason of mental or physical disability is not able to care 25 for the person’s self, who knowingly or recklessly exposes 26 such person to a hazard or danger against which such person 27 cannot reasonably be expected to protect such person’s self or 28 who deserts or abandons such person, knowing or having reason 29 to believe that the person will be exposed to such hazard or 30 danger, commits a class “C” felony. However, a parent or 31 person authorized by the parent shall not be prosecuted for a 32 violation of this section involving abandonment of a newborn 33 infant, if the parent or the person authorized by the parent 34 has voluntarily released custody of the newborn infant in 35 -1- LSB 1090YH (7) 85 pf/rj 1/ 3

H.F. 58 accordance with section 233.2 . 1 2. Notwithstanding the amount specified in section 726.5, a 2 person who commits nonsupport pursuant to section 726.5 in an 3 amount greater than two thousand dollars commits abandonment. 4 A person who commits abandonment under this subsection is 5 guilty of an aggravated misdemeanor. 6 3. Notwithstanding the amount specified in section 726.5, a 7 person who commits nonsupport pursuant to section 726.5 in an 8 amount greater than ten thousand dollars commits neglect. A 9 person who commits neglect under this subsection is guilty of a 10 class “C” felony. 11 EXPLANATION 12 This bill relates to child support obligations. 13 The bill provides that it is the intent of the general 14 assembly that the minimum monthly child support payment be 15 established at $100, unless it is unjust or inappropriate or 16 unless the parent is 19 years of age or younger and other 17 special circumstances apply. 18 Current law provides, in Code section 726.5, that a person 19 who commits nonsupport of a child or ward by failing or 20 refusing to provide for the person’s child or ward under 18 21 years of age for a period longer than one year or in an amount 22 greater than $5,000, is guilty of a class “D” felony. The bill 23 provides that a person who commits nonsupport of a child or a 24 ward in an amount greater than $2,000 commits abandonment. A 25 person who commits abandonment as specified under the bill is 26 guilty of an aggravated misdemeanor. 27 The bill also provides that a person who commits nonsupport 28 of a child or ward in an amount greater than $10,000 commits 29 neglect. A person who commits neglect as specified under the 30 bill is guilty of a class “C” felony. 31 An aggravated misdemeanor is punishable by confinement for 32 no more than two years and a fine of at least $625 but not more 33 than $6,250. 34 A class “C” felony is punishable by confinement for no more 35 -2- LSB 1090YH (7) 85 pf/rj 2/ 3

H.F. 58 than 10 years and a fine of at least $1,000 but not more than 1 $10,000. 2 -3- LSB 1090YH (7) 85 pf/rj 3/ 3