House
Study
Bill
525
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
BALTIMORE)
A
BILL
FOR
An
Act
relating
to
child
support
payment
processing,
and
1
including
effective
date
and
applicability
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5337YC
(4)
86
pf/nh
H.F.
_____
Section
1.
Section
252A.6,
subsection
5,
Code
2016,
is
1
amended
to
read
as
follows:
2
5.
The
court
making
such
order
may
require
the
party
to
make
3
payment
at
specified
intervals
to
the
clerk
of
the
district
4
court
or
to
the
collection
services
center,
and
to
report
5
personally
to
the
sheriff
or
any
other
official,
at
such
times
6
as
may
be
deemed
necessary.
7
Sec.
2.
Section
252A.6A,
subsection
3,
Code
2016,
is
amended
8
to
read
as
follows:
9
3.
If
the
expert
analyzing
the
blood
or
genetic
test
10
concludes
that
the
test
results
demonstrate
that
the
putative
11
father
is
not
excluded
and
that
the
probability
of
the
putative
12
father’s
paternity
is
ninety-nine
percent
or
higher
and
if
the
13
test
results
have
not
been
challenged,
the
court,
upon
motion
14
by
a
party,
shall
enter
a
temporary
order
for
child
support
15
to
be
paid
pursuant
to
section
598.21B
.
The
court
shall
16
require
temporary
support
to
be
paid
to
the
clerk
of
court
or
17
to
the
collection
services
center.
If
the
court
subsequently
18
determines
the
putative
father
is
not
the
father,
the
court
19
shall
terminate
the
temporary
support
order.
All
support
20
obligations
which
came
due
prior
to
the
order
terminating
21
temporary
support
are
unaffected
by
this
action
and
remain
a
22
judgment
subject
to
enforcement.
23
Sec.
3.
Section
252A.13,
subsection
2,
Code
2016,
is
amended
24
to
read
as
follows:
25
2.
The
department
shall
immediately
notify
the
clerk
of
26
court
by
mail
when
such
child
or
caretaker
has
been
determined
27
to
be
eligible
for
public
assistance.
Upon
notification
by
the
28
department,
the
clerk
of
court
shall
make
a
notation
of
the
29
automatic
assignment
in
the
judgment
docket
and
lien
index.
30
The
notation
constitutes
constructive
notice
of
the
assignment.
31
If
the
applicant
for
public
assistance,
for
whom
public
32
assistance
is
approved
and
provided
on
or
after
July
1,
1997
,
33
is
a
person
other
than
a
parent
of
the
child,
the
department
34
shall
send
notice
of
the
assignment
by
regular
mail
to
the
35
-1-
LSB
5337YC
(4)
86
pf/nh
1/
17
H.F.
_____
last
known
addresses
of
the
obligee
and
obligor.
The
clerk
of
1
court
collection
services
center
shall
forward
support
payments
2
received
pursuant
to
section
252A.6
,
to
which
the
department
is
3
entitled,
to
the
department,
unless
the
court
has
ordered
the
4
payments
made
directly
to
the
department
under
that
section.
5
The
department
may
secure
support
payments
in
default
through
6
other
proceedings.
7
Sec.
4.
Section
252B.6A,
subsection
5,
paragraph
a,
Code
8
2016,
is
amended
to
read
as
follows:
9
a.
All
payments
made
as
the
result
of
a
judicial
proceeding
10
under
this
section
shall
be
made
to
the
clerk
of
the
district
11
court
or
to
the
collection
services
center
and
shall
not
be
12
made
to
the
attorney.
Payments
received
by
the
clerk
of
the
13
district
court
shall
be
forwarded
to
the
collection
services
14
center
as
provided
in
section
252B.15
.
15
Sec.
5.
Section
252B.13A,
subsection
2,
Code
2016,
is
16
amended
to
read
as
follows:
17
2.
a.
The
collection
services
center
shall
meet
the
18
requirements
for
a
state
disbursement
unit
pursuant
to
42
19
U.S.C.
§654b,
section
252B.14
,
and
this
section
by
October
1,
20
1999
.
21
b.
Prior
to
October
1,
1999,
the
The
department
and
the
22
judicial
branch
shall
enter
into
a
cooperative
agreement
for
23
implementation
administration
of
the
state
disbursement
unit
24
requirement.
The
agreement
shall
include,
but
is
not
limited
25
to,
provisions
for
all
of
the
following:
26
(1)
Coordination
with
the
state
case
registry
created
in
27
section
252B.24
.
28
(2)
The
receipt
and
disbursement
of
all
child
support
29
payments
including
income
withholding
payments
for
orders
not
30
receiving
services
from
the
unit
pursuant
to
section
252B.14,
31
subsection
4
made
by
a
payor
of
income
as
provided
in
chapter
32
252D
.
33
(3)
The
transmission
of
information,
orders,
and
documents,
34
and
access
to
information.
35
-2-
LSB
5337YC
(4)
86
pf/nh
2/
17
H.F.
_____
(4)
Furnishing,
upon
request,
timely
information
on
the
1
current
status
of
support
payments
as
provided
in
42
U.S.C.
2
§654b(b)(4),
in
a
manner
consistent
with
state
law.
3
(5)
The
notification
of
payors
of
income
to
direct
income
4
withholding
payments
to
the
collection
services
center
as
5
provided
in
section
252B.14,
subsection
4
.
6
Sec.
6.
Section
252B.14,
Code
2016,
is
amended
to
read
as
7
follows:
8
252B.14
Support
payments
——
collection
services
center
or
9
comparable
government
entity
in
another
state
——
clerk
of
the
10
district
court
.
11
1.
For
the
purposes
of
this
section
,
“support
order”
12
includes
any
order
entered
pursuant
to
chapter
234
,
252A
,
252C
,
13
598
,
600B
,
or
any
other
support
chapter
or
proceeding
which
14
establishes
support
payments
as
defined
in
section
252D.16
or
15
598.1
.
16
2.
For
support
orders
being
enforced
by
the
child
support
17
recovery
unit,
support
All
support
payments
made
pursuant
to
18
the
a
support
order
,
including
those
being
enforced
by
the
19
child
support
recovery
unit
and
those
made
through
an
income
20
withholding
order
by
a
payor
of
income
as
provided
in
chapter
21
252D,
shall
be
directed
to
and
disbursed
by
the
collection
22
services
center
or,
as
appropriate,
a
comparable
government
23
entity
in
another
state
as
provided
in
chapter
252K
.
24
3.
With
the
exception
of
support
payments
to
which
25
subsection
2
or
4
applies,
support
payments
made
pursuant
to
26
an
order
shall
be
directed
to
and
disbursed
by
the
clerk
of
the
27
district
court
in
the
county
in
which
the
order
for
support
is
28
filed.
The
clerk
of
the
district
court
may
require
the
obligor
29
to
submit
payments
by
bank
draft
or
money
order
if
the
obligor
30
submits
an
insufficient
funds
support
payment
to
the
clerk
of
31
the
district
court.
32
4.
For
a
support
order
to
which
subsection
2
does
not
33
apply,
regardless
of
the
terms
of
the
support
order
directing
34
or
redirecting
the
place
of
payment,
support
payments
made
35
-3-
LSB
5337YC
(4)
86
pf/nh
3/
17
H.F.
_____
through
income
withholding
by
a
payor
of
income
as
provided
1
in
chapter
252D
shall
be
directed
to
and
disbursed
by
the
2
collection
services
center
or,
as
appropriate,
a
comparable
3
government
entity
in
another
state
as
provided
in
chapter
4
252K
.
The
judicial
branch
and
the
department
shall
develop
and
5
implement
a
plan
to
notify
payors
of
income
of
this
requirement
6
and
the
effective
date
of
the
requirement
applicable
to
the
7
respective
payor
of
income.
8
5.
3.
If
the
collection
services
center
is
receiving
and
9
disbursing
payments
pursuant
to
a
support
order,
but
the
unit
10
is
not
providing
other
services
under
Tit.
IV-D
of
the
federal
11
Social
Security
Act,
or
if
the
order
is
not
being
enforced
by
12
the
unit,
the
parties
to
that
order
are
not
considered
to
be
13
receiving
services
under
this
chapter
.
14
6.
4.
Payments
to
persons
other
than
the
clerk
of
the
15
district
court
or
the
collection
services
center
or,
as
16
appropriate,
a
comparable
government
entity
in
another
state
17
as
provided
in
chapter
252K
,
do
not
satisfy
the
support
18
obligations
created
by
a
support
order
or
judgment,
except
as
19
provided
for
in
sections
598.22
and
598.22A
.
20
Sec.
7.
Section
252B.15,
Code
2016,
is
amended
to
read
as
21
follows:
22
252B.15
Processing
and
disbursement
of
support
payments.
23
1.
The
collection
services
center
shall
notify
the
clerk
24
of
the
district
court
of
any
order
for
which
the
child
support
25
recovery
unit
is
providing
enforcement
services.
The
clerk
26
of
the
district
court
shall
forward
any
support
payment
27
made
pursuant
to
the
order,
along
with
any
support
payment
28
information,
to
the
collection
services
center.
Unless
the
29
agreement
developed
pursuant
to
section
252B.13A
otherwise
30
provides,
the
clerk
of
the
district
court
shall
forward
any
31
support
payment
made
and
any
support
payment
information
32
provided
through
income
withholding
pursuant
to
chapter
252D
,
33
to
the
collection
services
center.
The
collection
services
34
center
shall
process
and
disburse
the
payment
in
accordance
35
-4-
LSB
5337YC
(4)
86
pf/nh
4/
17
H.F.
_____
with
federal
requirements.
1
2.
1.
Unless
otherwise
provided
under
federal
law,
if
it
2
is
possible
to
identify
the
support
order
to
which
a
payment
3
is
to
be
applied
and
if
sufficient
information
is
provided
to
4
identify
the
obligee,
a
payment
received
by
the
collection
5
services
center
or
the
clerk
of
the
district
court
shall
be
6
disbursed
to
the
appropriate
individual
or
office
within
two
7
working
days
in
accordance
with
section
598.22
.
8
3.
2.
If
the
collection
services
center
receives
an
9
incorrectly
submitted
payment,
the
collection
services
center
10
shall
promptly
return
the
payment
to
the
sender
and,
if
known,
11
provide
information
about
where
to
send
the
payment.
12
4.
3.
Chapter
556
shall
not
apply
to
payments
received
by
13
the
collection
services
center.
14
Sec.
8.
Section
252B.16,
Code
2016,
is
amended
to
read
as
15
follows:
16
252B.16
Transfer
of
support
order
processing
responsibilities
17
——
ongoing
procedures
to
another
state
.
18
1.
For
a
support
order
being
processed
by
the
clerk
of
the
19
district
court,
upon
notification
that
the
unit
is
providing
20
enforcement
services
related
to
the
order,
the
clerk
of
the
21
district
court
shall
immediately
transfer
the
responsibility
22
for
the
disbursement
of
support
payments
received
pursuant
to
23
the
order
to
the
collection
services
center.
24
2.
The
department
shall
adopt
rules
pursuant
to
chapter
25
17A
to
ensure
that
the
affected
parties
are
notified
that
26
the
support
payment
disbursement
responsibilities
have
been
27
transferred
to
the
collection
services
center
from
the
clerk
28
of
the
district
court.
The
rules
shall
include
a
provision
29
requiring
that
a
notice
shall
be
sent
by
regular
mail
to
the
30
last
known
addresses
of
the
obligee
and
the
obligor.
The
31
issuance
of
notice
to
the
obligor
is
the
equivalent
of
a
court
32
order
requiring
the
obligor
to
direct
payment
to
the
collection
33
services
center
for
disbursement.
34
3.
Once
the
responsibility
for
receiving
and
disbursing
35
-5-
LSB
5337YC
(4)
86
pf/nh
5/
17
H.F.
_____
support
payments
has
been
transferred
from
a
clerk
of
the
1
district
court
to
the
collection
services
center,
the
2
responsibility
shall
remain
with
the
collection
services
center
3
even
if
the
child
support
recovery
unit
is
no
longer
providing
4
enforcement
services,
unless
redirected
by
court
order.
5
However,
the
responsibility
for
receiving
and
disbursing
income
6
withholding
payments
shall
not
be
redirected
to
a
clerk
of
the
7
district
court.
8
4.
As
provided
in
sections
252K.307
and
252K.319
,
the
unit
9
may
issue
and
file
with
the
clerk
of
the
district
court,
a
10
notice
redirecting
support
payments
to
a
comparable
government
11
entity
responsible
for
the
processing
and
disbursement
of
12
support
payments
in
another
state.
The
unit
shall
send
a
copy
13
of
the
notice
by
regular
mail
to
the
last
known
addresses
of
14
the
obligor
and
obligee
and,
where
applicable,
shall
notify
the
15
payor
of
income
to
make
payments
as
specified
in
the
notice.
16
The
issuance
and
filing
of
the
notice
is
the
equivalent
of
a
17
court
order
redirecting
support.
18
Sec.
9.
Section
252D.1,
Code
2016,
is
amended
to
read
as
19
follows:
20
252D.1
Delinquent
support
payments.
21
If
support
payments
ordered
under
this
chapter
or
chapter
22
232
,
234
,
252A
,
252C
,
252E
,
252F
,
598
,
600B
,
or
any
other
23
applicable
chapter,
or
under
a
comparable
statute
of
another
24
state
or
foreign
country,
as
certified
to
the
child
support
25
recovery
unit
established
in
section
252B.2
,
are
not
paid
to
26
the
clerk
of
the
district
court
or
the
collection
services
27
center
pursuant
to
section
598.22
or,
as
appropriate,
a
28
comparable
government
entity
in
another
state
as
provided
in
29
chapter
252K
,
and
become
delinquent
in
an
amount
equal
to
30
the
payment
for
one
month,
the
child
support
recovery
unit
31
may
enter
an
ex
parte
order
or,
upon
application
of
a
person
32
entitled
to
receive
the
support
payments,
the
district
court
33
may
enter
an
ex
parte
order,
notifying
the
person
whose
34
income
is
to
be
withheld,
of
the
delinquent
amount,
of
the
35
-6-
LSB
5337YC
(4)
86
pf/nh
6/
17
H.F.
_____
amount
of
income
to
be
withheld,
and
of
the
procedure
to
1
file
a
motion
to
quash
the
order
for
income
withholding,
and
2
ordering
the
withholding
of
specified
sums
to
be
deducted
3
from
the
delinquent
person’s
income
as
defined
in
section
4
252D.16
sufficient
to
pay
the
support
obligation
and,
except
as
5
provided
in
section
598.22
,
requiring
the
payment
of
such
sums
6
to
the
clerk
of
the
district
court
or
the
collection
services
7
center
or,
as
appropriate,
a
comparable
government
entity
8
in
another
state
as
provided
in
chapter
252K
.
All
income
9
withholding
payments
shall
be
paid
to
the
collection
services
10
center
or,
as
appropriate,
a
comparable
government
entity
in
11
another
state
as
provided
in
chapter
252K
.
Notification
of
12
income
withholding
shall
be
provided
to
the
obligor
and
to
the
13
payor
of
income
pursuant
to
section
252D.17
.
14
Sec.
10.
Section
252D.17,
subsection
1,
paragraphs
e,
f,
and
15
h,
Code
2016,
are
amended
to
read
as
follows:
16
e.
The
payor
shall
send
the
amounts
withheld
to
the
17
collection
services
center
or
the
clerk
of
the
district
court
18
pursuant
to
section
252B.14
or,
as
appropriate,
a
comparable
19
government
entity
in
another
state
as
provided
in
chapter
252K
,
20
within
seven
business
days
of
the
date
the
obligor
is
paid.
21
“Business
day”
means
a
day
on
which
state
offices
are
open
for
22
regular
business.
23
f.
The
payor
may
combine
amounts
withheld
from
the
obligors’
24
income
in
a
single
payment
to
the
clerk
of
the
district
court
25
or
to
the
collection
services
center
or
a
comparable
government
26
entity
in
another
state
as
provided
in
chapter
252K
,
as
27
appropriate.
Whether
combined
or
separate,
payments
shall
be
28
identified
by
the
name
of
the
obligor,
account
number,
amount,
29
and
the
date
withheld.
If
payments
for
multiple
obligors
are
30
combined,
the
portion
of
the
payment
attributable
to
each
31
obligor
shall
be
specifically
identified.
32
h.
If
the
payor,
with
actual
knowledge
and
intent
to
avoid
33
legal
obligation,
fails
to
withhold
income
or
to
pay
the
34
amounts
withheld
to
the
collection
services
center
or
the
clerk
35
-7-
LSB
5337YC
(4)
86
pf/nh
7/
17
H.F.
_____
of
court
or
,
as
appropriate,
a
comparable
government
entity
1
in
another
state
as
provided
in
chapter
252K
in
accordance
2
with
the
provisions
of
the
order,
the
notice
of
the
order,
or
3
the
notification
of
payors
of
income
provisions
established
4
in
section
252B.13A
,
the
payor
commits
a
simple
misdemeanor
5
for
a
first
offense
and
is
liable
for
the
accumulated
amount
6
which
should
have
been
withheld,
together
with
costs,
interest,
7
and
reasonable
attorney
fees
related
to
the
collection
of
8
the
amounts
due
from
the
payor.
For
each
subsequent
offense
9
prescribed
under
this
paragraph,
the
payor
commits
a
serious
10
misdemeanor
and
is
liable
for
the
accumulated
amount
which
11
should
have
been
withheld,
together
with
costs,
interest,
and
12
reasonable
attorney
fees
related
to
the
collection
of
the
13
amounts
due
from
the
payor.
14
Sec.
11.
Section
252D.31,
subsection
3,
Code
2016,
is
15
amended
to
read
as
follows:
16
3.
The
payor
shall
withhold
and
transmit
the
amount
17
specified
in
the
order
or
notice
of
the
order
of
income
18
withholding
to
the
clerk
of
the
district
court
or
the
19
collection
services
center
or
a
comparable
government
entity
20
in
another
state
as
provided
in
chapter
252K
,
as
appropriate,
21
until
the
notice
that
a
motion
to
quash
has
been
granted
is
22
received.
23
Sec.
12.
Section
252I.2,
subsection
2,
Code
2016,
is
amended
24
to
read
as
follows:
25
2.
An
obligor
is
subject
to
the
provisions
of
this
chapter
26
if
the
obligor’s
support
obligation
is
being
enforced
by
the
27
child
support
recovery
unit,
and
if
the
support
payments
28
ordered
under
chapter
232
,
234
,
252A
,
252C
,
252D
,
252E
,
29
252F
,
598
,
600B
,
or
any
other
applicable
chapter,
or
under
a
30
comparable
statute
of
another
state
or
foreign
country,
as
31
certified
to
the
child
support
recovery
unit,
are
not
paid
to
32
the
clerk
of
the
district
court
or
the
collection
services
33
center
pursuant
to
section
598.22
and
become
delinquent
in
an
34
amount
equal
to
the
support
payment
for
one
month.
35
-8-
LSB
5337YC
(4)
86
pf/nh
8/
17
H.F.
_____
Sec.
13.
Section
252J.2,
subsection
2,
paragraph
a,
Code
1
2016,
is
amended
to
read
as
follows:
2
a.
An
obligor
is
subject
to
the
provisions
of
this
chapter
3
if
the
obligor’s
support
obligation
is
being
enforced
by
the
4
unit,
if
the
support
payments
required
by
a
support
order
to
5
be
paid
to
the
clerk
of
the
district
court
or
the
collection
6
services
center
pursuant
to
section
598.22
are
not
paid
and
7
become
delinquent
in
an
amount
equal
to
the
support
payment
8
for
three
months,
and
if
the
obligor’s
situation
meets
other
9
criteria
specified
under
rules
adopted
by
the
department
10
pursuant
to
chapter
17A
.
The
criteria
specified
by
rule
shall
11
include
consideration
of
the
length
of
time
since
the
obligor’s
12
last
support
payment
and
the
total
amount
of
support
owed
by
13
the
obligor.
14
Sec.
14.
Section
598.22,
Code
2016,
is
amended
to
read
as
15
follows:
16
598.22
Support
payments
——
clerk
of
court
——
collection
17
services
center
or
comparable
government
entity
in
another
state
18
——
defaults
——
security.
19
1.
Except
as
otherwise
provided
in
section
598.22A
,
20
this
section
applies
to
all
initial
or
modified
orders
for
21
support
entered
under
this
chapter
,
chapter
234
,
252A
,
252C
,
22
252F
,
600B
,
or
any
other
chapter
of
the
Code.
All
orders
23
or
judgments
entered
under
chapter
234
,
252A
,
252C
,
252F
,
or
24
600B
,
or
under
this
chapter
or
any
other
chapter
which
provide
25
for
temporary
or
permanent
support
payments
shall
direct
the
26
payment
of
those
sums
to
the
clerk
of
the
district
court
or
the
27
collection
services
center
in
accordance
with
section
252B.14
,
28
or
as
appropriate,
a
comparable
government
entity
in
another
29
state
as
provided
in
chapter
252K
for
the
use
of
the
person
for
30
whom
the
payments
have
been
awarded.
All
income
withholding
31
payments
shall
be
directed
to
the
collection
services
center,
32
or
as
appropriate,
a
comparable
government
entity
in
another
33
state
as
provided
in
chapter
252K
.
Payments
to
persons
other
34
than
the
clerk
of
the
district
court,
the
collection
services
35
-9-
LSB
5337YC
(4)
86
pf/nh
9/
17
H.F.
_____
center,
or
as
appropriate,
a
comparable
government
entity
in
1
another
state
as
provided
in
chapter
252K
,
do
not
satisfy
the
2
support
obligations
created
by
the
orders
or
judgments,
except
3
as
provided
for
trusts
governed
by
the
federal
Retirement
4
Equity
Act
of
1984,
Pub.
L.
No.
98-397,
for
tax
refunds
or
5
rebates
in
section
602.8102,
subsection
47
,
or
for
dependent
6
benefits
paid
to
the
child
support
obligee
as
the
result
of
7
disability
benefits
awarded
to
the
child
support
obligor
under
8
the
federal
Social
Security
Act.
For
trusts
governed
by
the
9
federal
Retirement
Equity
Act
of
1984,
Pub.
L.
No.
98-397,
10
the
order
for
income
withholding
or
notice
of
the
order
for
11
income
withholding
shall
require
the
payment
of
such
sums
to
12
the
alternate
payee
in
accordance
with
the
federal
Act.
For
13
dependent
benefits
paid
to
the
child
support
obligee
as
a
14
result
of
disability
benefits
awarded
to
the
child
support
15
obligor
under
the
federal
Social
Security
Act,
the
provisions
16
of
section
598.22C
shall
apply.
17
2.
An
income
withholding
order
or
notice
of
the
order
18
for
income
withholding
shall
be
entered
under
the
terms
and
19
conditions
of
chapter
252D
.
However,
for
trusts
governed
by
20
the
federal
Retirement
Equity
Act
of
1984,
Pub.
L.
No.
98-397,
21
the
payor
shall
transmit
the
payments
to
the
alternate
payee
in
22
accordance
with
the
federal
Act.
23
3.
An
order
or
judgment
entered
by
the
court
for
temporary
24
or
permanent
support
or
for
income
withholding
shall
be
filed
25
with
the
clerk.
The
orders
have
the
same
force
and
effect
26
as
judgments
when
entered
in
the
judgment
docket
and
lien
27
index
and
are
records
open
to
the
public.
Unless
otherwise
28
provided
by
federal
law,
if
it
is
possible
to
identify
the
29
support
order
to
which
a
payment
is
to
be
applied,
and
if
30
sufficient
information
identifying
the
obligee
is
provided,
31
the
clerk
or
the
collection
services
center
,
as
appropriate,
32
shall
disburse
the
payments
received
pursuant
to
the
orders
33
or
judgments
within
two
working
days
of
the
receipt
of
34
the
payments.
All
moneys
received
or
disbursed
under
this
35
-10-
LSB
5337YC
(4)
86
pf/nh
10/
17
H.F.
_____
section
shall
be
entered
in
records
kept
by
the
clerk,
or
the
1
collection
services
center
,
as
appropriate,
and
the
records
2
kept
by
the
clerk
shall
be
available
to
the
public
.
The
clerk
3
or
the
collection
services
center
shall
not
enter
any
moneys
4
paid
in
the
record
book
if
not
paid
directly
to
the
clerk
or
5
the
center,
as
appropriate,
except
as
provided
for
trusts
and
6
federal
social
security
disability
payments
in
this
section
,
7
and
for
tax
refunds
or
rebates
in
section
602.8102,
subsection
8
47
,
or
as
appropriate,
a
comparable
government
entity
in
9
another
state
as
provided
in
chapter
252K
.
10
4.
If
the
sums
ordered
to
be
paid
in
a
support
payment
order
11
are
not
paid
to
the
clerk
or
the
collection
services
center
,
or
12
a
comparable
government
entity
in
another
state
as
provided
in
13
chapter
252K
,
as
appropriate,
at
the
time
provided
in
the
order
14
or
judgment,
the
clerk
or
the
collection
services
center
,
as
15
appropriate,
shall
certify
a
default
to
the
court
which
may,
on
16
its
own
motion,
proceed
as
provided
in
section
598.23
.
17
5.
Prompt
payment
of
sums
required
to
be
paid
under
sections
18
598.10
,
598.21A
,
598.21B
,
598.21C
,
598.21E
,
and
598.21F
is
19
the
essence
of
such
orders
or
judgments
and
the
court
may
act
20
pursuant
to
section
598.23
regardless
of
whether
the
amounts
in
21
default
are
paid
prior
to
the
contempt
hearing.
22
6.
Upon
entry
of
an
order
for
support
or
upon
the
failure
of
23
a
person
to
make
payments
pursuant
to
an
order
for
support,
the
24
court
may
require
the
person
to
provide
security,
a
bond,
or
25
other
guarantee
which
the
court
determines
is
satisfactory
to
26
secure
the
payment
of
the
support.
Upon
the
person’s
failure
27
to
pay
the
support
under
the
order,
the
court
may
declare
the
28
security,
bond,
or
other
guarantee
forfeited.
29
7.
For
the
purpose
of
enforcement,
medical
support
is
30
additional
support
which,
upon
being
reduced
to
a
dollar
31
amount,
may
be
collected
through
the
same
remedies
available
32
for
the
collection
and
enforcement
of
child
support.
33
8.
The
clerk
of
the
district
court
in
the
county
in
which
34
the
order
for
support
is
filed
and
to
whom
support
payments
are
35
-11-
LSB
5337YC
(4)
86
pf/nh
11/
17
H.F.
_____
made
pursuant
to
the
order
may
require
the
person
obligated
to
1
pay
support
to
submit
payments
by
bank
draft
or
money
order
if
2
the
obligor
submits
an
insufficient
funds
support
payment
to
3
the
clerk
of
the
district
court.
4
Sec.
15.
Section
598.22A,
unnumbered
paragraph
1,
Code
5
2016,
is
amended
to
read
as
follows:
6
Notwithstanding
sections
252B.14
and
598.22
,
support
7
payments
ordered
pursuant
to
any
support
chapter
for
orders
8
entered
on
or
after
July
1,
1985,
which
are
not
made
pursuant
9
to
the
provisions
of
section
252B.14
or
598.22
,
shall
be
10
credited
only
as
provided
in
this
section
.
11
Sec.
16.
Section
598.22A,
subsection
1,
Code
2016,
is
12
amended
to
read
as
follows:
13
1.
a.
For
payment
made
pursuant
to
an
order,
the
clerk
of
14
the
district
court
or
collection
services
center
shall
record
a
15
satisfaction
as
a
credit
on
the
official
support
payment
record
16
if
its
validity
is
confirmed
by
the
court
upon
submission
of
17
an
affidavit
by
the
person
entitled
to
receive
the
payment
or
18
upon
submission
of
documentation
of
the
financial
instrument
19
used
in
the
payment
of
the
support
by
the
person
ordered
to
pay
20
support,
after
notice
is
given
to
all
parties.
21
b.
If
a
satisfaction
recorded
on
the
official
support
22
payment
record
by
the
clerk
of
the
district
court
or
collection
23
services
center
prior
to
July
1,
1991,
was
not
confirmed
24
as
valid
by
the
court,
and
a
party
to
the
action
submits
a
25
written
affidavit
objecting
to
the
satisfaction,
notice
of
the
26
objection
shall
be
mailed
to
all
parties
at
their
last
known
27
addresses.
After
all
parties
have
had
sufficient
opportunity
28
to
respond
to
the
objection,
the
court
shall
either
require
the
29
satisfaction
to
be
removed
from
the
official
support
payment
30
record
or
confirm
its
validity.
31
Sec.
17.
Section
598.22A,
subsection
3,
Code
2016,
is
32
amended
to
read
as
follows:
33
3.
The
court
shall
not
enter
an
order
for
satisfaction
of
34
payments
not
made
through
the
clerk
of
the
district
court
or
35
-12-
LSB
5337YC
(4)
86
pf/nh
12/
17
H.F.
_____
collection
services
center
if
those
payments
have
been
assigned
1
as
a
result
of
public
funds
expended
pursuant
to
chapter
234
,
2
239B
,
or
249A
,
or
similar
statutes
in
other
states
and
the
3
support
payments
accrued
during
the
months
in
which
public
4
funds
were
expended.
If
the
support
order
did
not
direct
5
payments
to
a
clerk
of
the
district
court
or
the
collection
6
services
center,
and
the
support
payments
in
question
accrued
7
during
the
months
in
which
public
funds
were
not
expended,
8
however,
the
court
may
enter
an
order
for
satisfaction
of
9
payments
not
made
through
the
clerk
of
the
district
court
10
or
the
collection
services
center
if
documentation
of
the
11
financial
instrument
used
in
the
payment
of
support
is
12
presented
to
the
court
and
the
parties
to
the
order
submit
a
13
written
affidavit
confirming
that
the
financial
instrument
was
14
used
as
payment
for
support.
15
Sec.
18.
Section
598.22B,
Code
2016,
is
amended
to
read
as
16
follows:
17
598.22B
Information
required
in
order
or
judgment.
18
This
section
applies
to
all
initial
or
modified
orders
19
for
paternity
or
support
entered
under
this
chapter
,
chapter
20
234
,
252A
,
252C
,
252F
,
252H
,
252K
,
or
600B
,
or
under
any
other
21
chapter,
and
any
subsequent
order
to
enforce
such
support
22
orders.
23
1.
All
such
orders
or
judgments
shall
direct
each
party
24
to
file
with
the
clerk
of
court
or
the
child
support
recovery
25
unit,
as
appropriate,
upon
entry
of
the
order,
and
to
update
as
26
appropriate,
information
on
location
and
identity
of
the
party,
27
including
social
security
number,
residential
and
mailing
28
addresses,
electronic
mail
address,
telephone
number,
driver’s
29
license
number,
and
name,
address,
and
telephone
number
of
the
30
party’s
employer.
The
order
shall
also
include
a
provision
31
that
the
information
filed
will
be
disclosed
and
used
pursuant
32
to
this
section
.
The
party
shall
file
the
information
with
the
33
clerk
of
court,
or,
if
all
support
payments
are
to
be
directed
34
to
the
collection
services
center
as
provided
in
section
35
-13-
LSB
5337YC
(4)
86
pf/nh
13/
17
H.F.
_____
252B.14,
subsection
2
,
and
section
252B.16
,
with
the
child
1
support
recovery
unit.
2
2.
All
such
orders
or
judgments
shall
include
a
statement
3
that
in
any
subsequent
child
support
action
initiated
by
the
4
child
support
recovery
unit
or
between
the
parties,
upon
5
sufficient
showing
that
diligent
effort
has
been
made
to
6
ascertain
the
location
of
such
a
party,
the
unit
or
the
court
7
shall
deem
due
process
requirements
for
notice
and
service
of
8
process
to
be
met
with
respect
to
the
party,
upon
delivery
9
of
written
notice
to
the
most
recent
residential
or
employer
10
address
filed
with
the
clerk
of
court
or
unit
pursuant
to
11
subsection
1
.
12
3.
a.
Information
filed
pursuant
to
subsection
1
shall
not
13
be
a
public
record.
14
b.
Information
filed
with
the
clerk
of
court
pursuant
to
15
subsection
1
shall
be
available
to
the
child
support
recovery
16
unit,
upon
request.
Beginning
October
1,
1998,
information
17
filed
with
the
clerk
of
court
pursuant
to
subsection
1
shall
be
18
provided
by
the
clerk
of
court
to
the
child
support
recovery
19
unit
pursuant
to
section
252B.24
.
20
c.
Information
filed
with
the
clerk
of
court
shall
be
21
available,
upon
request,
to
a
party
unless
the
party
filing
22
the
information
also
files
an
affidavit
alleging
the
party
has
23
reason
to
believe
that
release
of
the
information
may
result
in
24
physical
or
emotional
harm
to
the
affiant
or
child.
However,
25
even
if
an
affidavit
has
been
filed,
any
information
provided
26
by
the
clerk
of
court
to
the
child
support
recovery
unit
shall
27
be
disclosed
by
the
unit
as
provided
in
section
252B.9
.
28
d.
b.
Information
provided
to
the
unit
shall
only
be
29
disclosed
as
provided
in
section
252B.9
.
30
Sec.
19.
Section
598.34,
subsection
2,
Code
2016,
is
amended
31
to
read
as
follows:
32
2.
The
department
shall
immediately
notify
the
clerk
33
of
court
by
mail
when
such
a
child
or
caretaker
has
been
34
determined
to
be
eligible
for
public
assistance.
Upon
35
-14-
LSB
5337YC
(4)
86
pf/nh
14/
17
H.F.
_____
notification
by
the
department,
the
clerk
of
court
shall
make
a
1
notation
of
the
automatic
assignment
in
the
judgment
docket
and
2
lien
index.
The
notation
constitutes
constructive
notice
of
3
the
assignment.
For
public
assistance
approved
and
provided
4
on
or
after
July
1,
1997,
if
If
the
applicant
for
public
5
assistance
is
a
person
other
than
a
parent
of
the
child,
the
6
department
shall
send
a
notice
by
regular
mail
to
the
last
7
known
addresses
of
the
obligee
and
obligor.
The
clerk
of
court
8
collection
services
center
shall
forward
support
payments
9
received
pursuant
to
section
598.22
,
to
which
the
department
is
10
entitled,
to
the
department,
which
may
secure
support
payments
11
in
default
through
other
proceedings.
12
Sec.
20.
Section
600B.38,
subsection
2,
Code
2016,
is
13
amended
to
read
as
follows:
14
2.
The
department
shall
immediately
notify
the
clerk
15
of
court
by
mail
when
such
a
child
or
caretaker
has
been
16
determined
to
be
eligible
for
public
assistance.
Upon
17
notification
by
the
department,
the
clerk
of
court
shall
18
make
a
notation
of
the
automatic
assignment
in
the
judgment
19
docket
and
lien
index.
The
notation
constitutes
constructive
20
notice
of
the
assignment.
For
public
assistance
approved
and
21
provided
on
or
after
July
1,
1997,
if
If
the
applicant
for
22
public
assistance
is
a
person
other
than
a
parent
of
the
child,
23
the
department
shall
send
notice
by
regular
mail
to
the
last
24
known
addresses
of
the
obligee
and
obligor.
The
clerk
of
court
25
collection
services
center
shall
forward
support
payments
26
received
pursuant
to
section
600B.25
,
to
which
the
department
27
is
entitled,
to
the
department,
which
may
secure
support
28
payments
in
default
through
other
proceedings.
29
Sec.
21.
Section
642.23,
Code
2016,
is
amended
to
read
as
30
follows:
31
642.23
Support
disbursements
by
the
clerk.
32
Notwithstanding
the
one-hundred-twenty-day
period
in
33
section
626.16
for
the
return
of
an
execution
in
garnishment
34
for
the
payment
of
a
support
obligation,
the
sheriff
shall
35
-15-
LSB
5337YC
(4)
86
pf/nh
15/
17
H.F.
_____
promptly
deposit
any
amounts
collected
with
the
clerk
of
the
1
district
court,
and
the
clerk
shall
disburse
the
amounts,
after
2
subtracting
applicable
fees,
within
two
working
days
of
the
3
filing
of
an
order
condemning
funds
as
follows:
4
1.
To
the
person
entitled
to
the
support
payments
when
the
5
clerk
of
the
district
court
is
the
official
entity
responsible
6
for
the
receipt
and
disbursement
of
support
payments
pursuant
7
to
section
252B.14
.
8
2.
To
to
the
collection
services
center
when
the
collection
9
services
center
is
the
official
entity
responsible
for
the
10
receipt
and
disbursement
of
support
payments
pursuant
to
11
section
252B.14
.
12
Sec.
22.
EFFECTIVE
DATE
AND
IMPLEMENTATION.
This
Act
13
takes
effect
January
1,
2017,
with
the
exception
that
the
14
department
of
human
services
and
the
judicial
branch
shall
15
begin
implementation
of
this
Act
prior
to
January
1,
2017,
16
to
the
extent
necessary
to
transition
to
full
implementation
17
by
January
1,
2017,
including
by
entering
into
a
cooperative
18
agreement
for
transfer
to
the
collection
services
center
19
established
pursuant
to
section
252B.13A,
beginning
January
1,
20
2017,
of
the
duties
of
collection
and
disbursement
of
support
21
payments
made
pursuant
to
orders
for
support
entered
on
or
22
before
January
1,
2017,
pursuant
to
chapter
234,
252A,
252C,
23
598,
600B,
or
any
other
support
chapter
or
proceeding
which
24
establishes
support
payments
as
defined
in
section
252D.16
or
25
chapter
598,
which
were
previously
performed
by
the
clerks
of
26
the
district
court.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
This
bill
provides
for
all
child
support
payments
to
be
31
directed
to
and
disbursed
by
the
collection
services
center
32
within
the
child
support
recovery
unit
of
the
department
33
of
human
services.
Currently,
support
orders
that
are
not
34
enforced
by
the
child
support
recovery
unit
are
directed
to
35
-16-
LSB
5337YC
(4)
86
pf/nh
16/
17
H.F.
_____
and
disbursed
by
the
clerk
of
the
district
court
in
the
county
1
in
which
the
order
for
support
is
filed.
The
bill
takes
2
effect
January
1,
2017,
with
the
exception
that
the
department
3
of
human
services
and
the
judicial
branch
are
directed
to
4
begin
implementation
prior
to
January
1,
2017,
to
the
extent
5
necessary
to
transition
to
full
implementation
by
January
1,
6
2017,
including
by
entering
into
a
cooperative
agreement
for
7
transfer
to
the
collection
services
center
established
pursuant
8
to
Code
section
252B.13A,
beginning
January
1,
2017,
of
the
9
duties
of
collection
and
disbursement
of
support
payments
made
10
pursuant
to
orders
for
support
entered
on
or
before
January
1,
11
2017,
pursuant
to
Code
chapter
234,
252A,
252C,
598,
600B,
or
12
any
other
support
Code
chapter
or
proceeding
which
establishes
13
support
payments
as
defined
in
Code
section
252D.16
or
Code
14
chapter
598,
which
were
previously
performed
by
the
clerks
of
15
the
district
court.
16
-17-
LSB
5337YC
(4)
86
pf/nh
17/
17