HF 58 (LSB 1090YH (7) 85)

HOUSE FILE 58

BY  WINDSCHITL

A BILL FOR

An Act relating to child support obligations and neglect or abandonment of a child based on nonsupport, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 598.21B, subsection 1, paragraph c, Code 2013, is amended to read as follows:
   c.  It is the intent of the general assembly that, to the extent possible within the requirements of federal law, the court and the child support recovery unit consider the individual facts of each judgment or case in the application of the guidelines and determine the support obligation accordingly. It is also the intent of the general assembly that in the supreme court’s review of the guidelines, the supreme court shall do both
 
all of the following:
   (1)  Emphasize the ability of a court to apply the guidelines in a just and appropriate manner based upon the individual facts of a judgment or case.
   (2)  In determining monthly child support payments, consider other children for whom either parent is legally responsible for support and other child support obligations actually paid by either party pursuant to a court or administrative order.
   (3)  Unless otherwise provided in subsection 2, establish a minimum monthly child support payment of one hundred dollars.
    Sec. 2.  Section 726.3, Code 2013, is amended to read as follows:
   726.3  Neglect or abandonment of a dependent person.
   1.  A person who is the father, mother, or some other person having custody of a child, or of any other person who by reason of mental or physical disability is not able to care for the person’s self, who knowingly or recklessly exposes such person to a hazard or danger against which such person cannot reasonably be expected to protect such person’s self or who deserts or abandons such person, knowing or having reason to believe that the person will be exposed to such hazard or danger, commits a class “C” felony. However, a parent or person authorized by the parent shall not be prosecuted for a violation of this section involving abandonment of a newborn infant, if the parent or the person authorized by the parent has voluntarily released custody of the newborn infant in accordance with section 233.2.
   2.  Notwithstanding the amount specified in section 726.5, a person who commits nonsupport pursuant to section 726.5 in an amount greater than two thousand dollars commits abandonment. A person who commits abandonment under this subsection is guilty of an aggravated misdemeanor.
   3.  Notwithstanding the amount specified in section 726.5, a person who commits nonsupport pursuant to section 726.5 in an amount greater than ten thousand dollars commits neglect. A person who commits neglect under this subsection is guilty of a class “C” felony.
EXPLANATION
   This bill relates to child support obligations.
   The bill provides that it is the intent of the general assembly that the minimum monthly child support payment be established at $100, unless it is unjust or inappropriate or unless the parent is 19 years of age or younger and other special circumstances apply. 
   Current law provides, in Code section 726.5, that a person who commits nonsupport of a child or ward by failing or refusing to provide for the person’s child or ward under 18 years of age for a period longer than one year or in an amount greater than $5,000, is guilty of a class “D” felony. The bill provides that a person who commits nonsupport of a child or a ward in an amount greater than $2,000 commits abandonment. A person who commits abandonment as specified under the bill is guilty of an aggravated misdemeanor.
   The bill also provides that a person who commits nonsupport of a child or ward in an amount greater than $10,000 commits neglect. A person who commits neglect as specified under the bill is guilty of a class “C” felony. 
   An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250.
   A class “C” felony is punishable by confinement for no more than 10 years and a fine of at least $1,000 but not more than $10,000.