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