S.F. _____ H.F. _____ DIVISION I 1 UNIFORM INTERSTATE FAMILY SUPPORT ACT 2 Section 1. NEW SECTION . 252K.100 Title. 3 This chapter shall be known and may be cited as the “Uniform 4 Interstate Family Support Act”. 5 Sec. 2. Section 252K.101, Code 2015, is amended to read as 6 follows: 7 252K.101 Definitions. 8 In this chapter : 9 1. “Child” means an individual, whether over or under the 10 age of majority, who is or is alleged to be owed a duty of 11 support by the individual’s parent or who is or is alleged to 12 be the beneficiary of a support order directed to the parent. 13 2. “Child support order” means a support order for a child, 14 including a child who has attained the age of majority under 15 the law of the issuing state or foreign country . 16 3. “Convention” means the convention on the international 17 recovery of child support and other forms of family 18 maintenance, concluded at the Hague on November 23, 2007. 19 3. 4. “Duty of support” means an obligation imposed or 20 imposable by law to provide support for a child, spouse, or 21 former spouse, including an unsatisfied obligation to provide 22 support. 23 5. “Foreign country” means a country, including a political 24 subdivision thereof, other than the United States, that 25 authorizes the issuance of support orders and which meets any 26 of the following conditions: 27 a. Has been declared under the law of the United States to 28 be a foreign reciprocating country. 29 b. Has established a reciprocal arrangement for child 30 support with this state as provided in section 252K.308. 31 c. Has enacted a law or established procedures for 32 the issuance and enforcement of support orders which are 33 substantially similar to the procedures under this chapter. 34 d. In which the convention is in force with respect to the 35 -1- LSB 1335XD (22) 86 pf/nh 1/ 85

S.F. _____ H.F. _____ United States. 1 6. “Foreign support order” means a support order of a 2 foreign tribunal. 3 7. “Foreign tribunal” means a court, administrative 4 agency, or quasi-judicial entity of a foreign country which 5 is authorized to establish, enforce, or modify support orders 6 or to determine parentage of a child. The term includes a 7 competent authority under the convention. 8 4. 8. “Home state” means the state or foreign country in 9 which a child lived with a parent or a person acting as parent 10 for at least six consecutive months immediately preceding the 11 time of filing of a petition or comparable pleading for support 12 and, if a child is less than six months old, the state or 13 foreign country in which the child lived from birth with any of 14 them. A period of temporary absence of any of them is counted 15 as part of the six-month or other period. 16 5. 9. “Income” includes earnings or other periodic 17 entitlements to money from any source and any other property 18 subject to withholding for support under the law of this state. 19 6. 10. “Income withholding order” means an order or other 20 legal process directed to an obligor’s employer or other payor 21 of income, as defined by the income withholding law of this 22 state, to withhold support from the income of the obligor. 23 7. “Initiating state” means a state from which a proceeding 24 is forwarded or in which a proceeding is filed for forwarding 25 to a responding state under this chapter or a law or procedure 26 substantially similar to this chapter , the Uniform Reciprocal 27 Enforcement of Support Act, or the Revised Uniform Reciprocal 28 Enforcement of Support Act. 29 8. 11. “Initiating tribunal” means the authorized tribunal 30 in an initiating of a state or foreign country from which 31 a petition or comparable pleading is forwarded or in which 32 a petition or comparable pleading is filed or forwarded to 33 another state or foreign country . 34 12. “Issuing foreign country” means the foreign country 35 -2- LSB 1335XD (22) 86 pf/nh 2/ 85

S.F. _____ H.F. _____ in which a tribunal issues a support order or a judgment 1 determining parentage of a child. 2 9. 13. “Issuing state” means the state in which a tribunal 3 issues a support order or renders a judgment determining 4 parentage of a child . 5 10. 14. “Issuing tribunal” means the tribunal of a state 6 or foreign country that issues a support order or renders a 7 judgment determining parentage of a child . 8 11. 15. “Law” includes decisional and statutory law and 9 rules and regulations having the force of law. 10 12. 16. “Obligee” means any of the following: 11 a. An individual to whom a duty of support is or is alleged 12 to be owed or in whose favor a support order has been issued or 13 a judgment determining parentage of a child has been rendered 14 issued . 15 b. A foreign country, state or political subdivision of a 16 state to which the rights under a duty of support or support 17 order have been assigned or which has independent claims based 18 on financial assistance provided to an individual obligee in 19 place of child support . 20 c. An individual seeking a judgment determining parentage of 21 the individual’s child. 22 d. A person that is a creditor in a proceeding under Article 23 7. 24 13. 17. “Obligor” means an individual, or the estate of a 25 decedent, to which any of the following applies: 26 a. Who owes or is alleged to owe a duty of support. 27 b. Who is alleged but has not been adjudicated to be a 28 parent of a child. 29 c. Who is liable under a support order. 30 d. Who is a debtor in a proceeding under Article 7. 31 18. “Outside this state” means a location in another state 32 or a country other than the United States, whether or not the 33 country is a foreign country. 34 19. “Person” means an individual, corporation, business 35 -3- LSB 1335XD (22) 86 pf/nh 3/ 85

S.F. _____ H.F. _____ trust, estate, trust, partnership, limited liability company, 1 association, joint venture, public corporation, government or 2 governmental subdivision, agency, or instrumentality, or any 3 other legal or commercial entity. 4 20. “Record” means information that is inscribed on a 5 tangible medium or that is stored in an electronic or other 6 medium and is retrievable in perceivable form. 7 14. 21. “Register” means to file in a tribunal of this 8 state a support order or judgment determining parentage of a 9 child issued in the appropriate location for the filing of 10 foreign judgments another state or foreign country . 11 15. 22. “Registering tribunal” means a tribunal in which 12 a support order or judgment determining parentage of a child 13 is registered. 14 16. 23. “Responding state” means a state in which a 15 proceeding petition or comparable pleading for support or 16 to determine parentage of a child is filed or to which a 17 proceeding petition or comparable pleading is forwarded for 18 filing from an initiating another state under this chapter or 19 a law or procedure substantially similar to this chapter , the 20 Uniform Reciprocal Enforcement of Support Act, or the Revised 21 Uniform Reciprocal Enforcement of Support Act or foreign 22 country . 23 17. 24. “Responding tribunal” means the authorized tribunal 24 in a responding state or foreign country . 25 18. 25. “Spousal support order” means a support order for 26 a spouse or former spouse of the obligor. 27 19. 26. “State” means a state of the United States, the 28 District of Columbia, Puerto Rico, the United States Virgin 29 Islands, or any territory or insular possession subject 30 to under the jurisdiction of the United States. The term 31 includes : 32 a. An an Indian nation or tribe. 33 b. A foreign jurisdiction that has enacted a law or 34 established procedures for issuance and enforcement of support 35 -4- LSB 1335XD (22) 86 pf/nh 4/ 85

S.F. _____ H.F. _____ orders which are substantially similar to the procedures under 1 this chapter , the Uniform Reciprocal Enforcement of Support 2 Act, or the Revised Uniform Reciprocal Enforcement of Support 3 Act. 4 20. 27. “Support enforcement agency” means a public 5 official , government entity, or private agency authorized to 6 seek do any of the following: 7 a. Enforcement Seek enforcement of support orders or laws 8 relating to the duty of support. 9 b. Establishment Seek establishment or modification of child 10 support. 11 c. Determination Request determination of parentage of a 12 child . 13 d. Location of Attempt to locate obligors or their assets. 14 e. Request determination of the controlling child support 15 order. 16 21. 28. “Support order” means a judgment, decree, or 17 order, decision, or directive, whether temporary, final, or 18 subject to modification, issued in a state or foreign country 19 for the benefit of a child, a spouse, or a former spouse, 20 which provides for monetary support, health care, arrearages, 21 retroactive support, or reimbursement , and for financial 22 assistance provided to an individual obligee in place of 23 child support. The term may include related costs and fees, 24 interest, income withholding, automatic adjustment, reasonable 25 attorney’s fees, and other relief. 26 22. 29. “Tribunal” means a court, administrative agency, 27 or quasi-judicial entity authorized to establish, enforce, or 28 modify support orders or to determine parentage of a child . 29 Sec. 3. Section 252K.102, Code 2015, is amended to read as 30 follows: 31 252K.102 Tribunals of this state State tribunal and support 32 enforcement agency . 33 1. The child support recovery unit when the unit establishes 34 or modifies an order, upon ratification by the court, and the 35 -5- LSB 1335XD (22) 86 pf/nh 5/ 85

S.F. _____ H.F. _____ court, are the tribunals of this state. 1 2. The child support recovery unit is the support 2 enforcement agency of this state. 3 Sec. 4. Section 252K.103, Code 2015, is amended to read as 4 follows: 5 252K.103 Remedies cumulative. 6 1. Remedies provided by this chapter are cumulative and do 7 not affect the availability of remedies under other law or the 8 recognition of a foreign support order on the basis of comity . 9 2. This chapter does not do either of the following: 10 a. Provide the exclusive method of establishing or enforcing 11 a support order under the law of this state. 12 b. Grant a tribunal of this state jurisdiction to render 13 judgment or issue an order relating to child custody or 14 visitation in a proceeding under this chapter. 15 Sec. 5. NEW SECTION . 252K.104 Application of chapter to 16 resident of foreign country and foreign support proceeding. 17 1. A tribunal of this state shall apply Articles 1 through 18 6 and, as applicable, Article 7, to a support proceeding 19 involving any of the following: 20 a. A foreign support order. 21 b. A foreign tribunal. 22 c. An obligee, obligor, or child residing in a foreign 23 country. 24 2. A tribunal of this state that is requested to recognize 25 and enforce a support order on the basis of comity may apply 26 the procedural and substantive provisions of Articles 1 through 27 6. 28 3. Article 7 applies only to a support proceeding under the 29 convention. In such a proceeding, if a provision of Article 7 30 is inconsistent with Articles 1 through 6, Article 7 controls. 31 Sec. 6. Section 252K.201, Code 2015, is amended to read as 32 follows: 33 252K.201 Bases for jurisdiction over nonresident. 34 1. In a proceeding to establish , or enforce , or modify 35 -6- LSB 1335XD (22) 86 pf/nh 6/ 85

S.F. _____ H.F. _____ a support order or to determine parentage of a child , a 1 tribunal of this state may exercise personal jurisdiction 2 over a nonresident individual or the individual’s guardian or 3 conservator if any of the following applies: 4 1. a. The individual is personally served with notice 5 within this state. 6 2. b. The individual submits to the jurisdiction of this 7 state by consent in a record , by entering a general appearance, 8 or by filing a responsive document having the effect of waiving 9 any contest to personal jurisdiction. 10 3. c. The individual resided with the child in this state. 11 4. d. The individual resided in this state and provided 12 prenatal expenses or support for the child. 13 5. e. The child resides in this state as a result of the 14 acts or directives of the individual. 15 6. f. The individual engaged in sexual intercourse in this 16 state and the child may have been conceived by that act of 17 intercourse. 18 7. g. The individual asserted parentage of a child in the 19 declaration of paternity registry maintained in this state 20 by the Iowa department of public health pursuant to section 21 144.12A or established paternity by affidavit under section 22 252A.3A . 23 8. h. There is any other basis consistent with the 24 constitutions of this state and the United States for the 25 exercise of personal jurisdiction. 26 2. The bases of personal jurisdiction set forth in 27 subsection 1 or in any other law of this state may not be used 28 to acquire personal jurisdiction for a tribunal of this state 29 to modify a child support order of another state unless the 30 requirements of section 252K.611 are met, or, in the case of 31 a foreign support order, unless the requirements of section 32 252K.615 are met. 33 Sec. 7. Section 252K.202, Code 2015, is amended to read as 34 follows: 35 -7- LSB 1335XD (22) 86 pf/nh 7/ 85

S.F. _____ H.F. _____ 252K.202 Procedure when exercising Duration of personal 1 jurisdiction over nonresident . 2 A Personal jurisdiction acquired by a tribunal of this state 3 exercising personal jurisdiction over a nonresident under 4 section 252K.201 may apply section 252K.316 to receive evidence 5 from another in a proceeding under this chapter or other law of 6 this state , and section 252K.318 to obtain discovery through 7 relating to a support order continues as long as a tribunal 8 of another this state has continuing, exclusive jurisdiction 9 to modify its order or continuing jurisdiction to enforce its 10 order as provided in sections 252K.205, 252K.206, and 252K.211 . 11 In all other respects, articles 3 through 7 do not apply and 12 the tribunal shall apply the procedural and substantive law of 13 this state, including the rules on choice of law other than 14 those established by this chapter . 15 Sec. 8. Section 252K.203, Code 2015, is amended to read as 16 follows: 17 252K.203 Initiating and responding tribunal of this state. 18 Under this chapter , a tribunal of this state may serve as 19 an initiating tribunal to forward proceedings to a tribunal of 20 another state , and as a responding tribunal for proceedings 21 initiated in another state or foreign country . 22 Sec. 9. Section 252K.204, Code 2015, is amended to read as 23 follows: 24 252K.204 Simultaneous proceedings in another state . 25 1. A tribunal of this state may exercise jurisdiction 26 to establish a support order if the petition or comparable 27 pleading is filed after a pleading is filed in another state or 28 a foreign country only if all of the following apply: 29 a. The petition or comparable pleading in this state is 30 filed before the expiration of the time allowed in the other 31 state or the foreign country for filing a responsive pleading 32 challenging the exercise of jurisdiction by the other state or 33 the foreign country . 34 b. The contesting party timely challenges the exercise of 35 -8- LSB 1335XD (22) 86 pf/nh 8/ 85

S.F. _____ H.F. _____ jurisdiction in the other state or the foreign country . 1 c. If relevant, this state is the home state of the child. 2 2. A tribunal of this state may not exercise jurisdiction 3 to establish a support order if the petition or comparable 4 pleading is filed before a petition or comparable pleading 5 is filed in another state or a foreign country if all of the 6 following apply: 7 a. The petition or comparable pleading in the other state 8 or foreign country is filed before the expiration of the 9 time allowed in this state for filing a responsive pleading 10 challenging the exercise of jurisdiction by this state. 11 b. The contesting party timely challenges the exercise of 12 jurisdiction in this state. 13 c. If relevant, the other state or foreign country is the 14 home state of the child. 15 Sec. 10. Section 252K.205, Code 2015, is amended to read as 16 follows: 17 252K.205 Continuing, exclusive jurisdiction to modify child 18 support order . 19 1. A tribunal of this state issuing that has issued a child 20 support order consistent with the law of this state has and 21 shall exercise continuing, exclusive jurisdiction over a to 22 modify its child support order if the order is controlling and 23 any of the following applies: 24 a. As long as At the time of the filing of a request 25 for modification this state remains is the residence of the 26 obligor, the individual obligee, or the child for whose benefit 27 the support order is issued. 28 b. Until all of the parties who are individuals have filed 29 written consents with the tribunal of Even if this state for a 30 is not the residence of the obligor, the individual obligee, or 31 the child for whose benefit the order is issued, the parties 32 consent in a record or in open court that the tribunal of 33 another this state may continue to exercise jurisdiction 34 to modify the its order and assume continuing, exclusive 35 -9- LSB 1335XD (22) 86 pf/nh 9/ 85

S.F. _____ H.F. _____ jurisdiction . 1 2. A tribunal of this state issuing that has issued a child 2 support order consistent with the law of this state may not 3 exercise its continuing , exclusive jurisdiction to modify the 4 order if the order has been modified by a tribunal of another 5 state pursuant to this chapter or a law substantially similar 6 to this chapter . any of the following applies: 7 a. All of the parties who are individuals file consent in 8 a record with the tribunal of this state that a tribunal of 9 another state that has jurisdiction over at least one of the 10 parties who is an individual or that is located in the state 11 of residence of the child may modify the order and assume 12 continuing, exclusive jurisdiction. 13 b. Its order is not the controlling order. 14 3. If a child support order of this state is modified by 15 a tribunal of another state has issued a child support order 16 pursuant to this chapter the uniform interstate family support 17 Act or a law substantially similar to this chapter , that Act 18 which modifies a child support order of a tribunal of this 19 state loses its , tribunals of this state shall recognize the 20 continuing, exclusive jurisdiction with regard to prospective 21 enforcement of the order issued in this of the tribunal of the 22 other state , and may only: 23 a. Enforce the order that was modified as to amounts 24 accruing before the modification . 25 b. Enforce nonmodifiable aspects of that order. 26 c. Provide other appropriate relief for violations of 27 that order which occurred before the effective date of the 28 modification. 29 4. A tribunal of this state shall recognize the that lacks 30 continuing, exclusive jurisdiction of a to modify a child 31 support order may serve as an initiating tribunal of another 32 state which has issued a child support order pursuant to 33 request a tribunal of another state to modify a support order 34 issued in this chapter or a law substantially similar to this 35 -10- LSB 1335XD (22) 86 pf/nh 10/ 85

S.F. _____ H.F. _____ chapter that state . 1 5. A temporary support order issued ex parte or pending 2 resolution of a jurisdictional conflict does not create 3 continuing, exclusive jurisdiction in the issuing tribunal. 4 6. A tribunal of this state issuing a support order 5 consistent with the law of this state has continuing, exclusive 6 jurisdiction over a spousal support order throughout the 7 existence of the support obligation. A tribunal of this state 8 may not modify a spousal support order issued by a tribunal of 9 another state having continuing, exclusive jurisdiction over 10 that order under the law of that state. 11 Sec. 11. Section 252K.206, Code 2015, is amended to read as 12 follows: 13 252K.206 Enforcement and modification of support order by 14 tribunal having continuing Continuing jurisdiction to enforce 15 child support order . 16 1. A tribunal of this state that has issued a child support 17 order consistent with the law of this state may serve as an 18 initiating tribunal to request a tribunal of another state to 19 enforce or modify a support order issued in that state. any of 20 the following: 21 a. The order if the order is the controlling order and has 22 not been modified by a tribunal of another state that assumed 23 jurisdiction pursuant to the uniform interstate family support 24 Act. 25 b. A money judgment for arrears of support and interest on 26 the order accrued before a determination that an order of a 27 tribunal of another state is the controlling order. 28 2. A tribunal of this state having continuing , exclusive 29 jurisdiction over a support order may act as a responding 30 tribunal to enforce or modify the order. If a party subject 31 to the continuing, exclusive jurisdiction of the tribunal no 32 longer resides in the issuing state, in subsequent proceedings 33 the tribunal may apply section 252K.316 to receive evidence 34 from another state and section 252K.318 to obtain discovery 35 -11- LSB 1335XD (22) 86 pf/nh 11/ 85

S.F. _____ H.F. _____ through a tribunal of another state. 1 3. A tribunal of this state which lacks continuing, 2 exclusive jurisdiction over a spousal support order may not 3 serve as a responding tribunal to modify a spousal support 4 order of another state. 5 Sec. 12. Section 252K.207, Code 2015, is amended to read as 6 follows: 7 252K.207 Recognition Determination of controlling child 8 support order. 9 1. If a proceeding is brought under this chapter and only 10 one tribunal has issued a child support order, the order of 11 that tribunal controls and must be so recognized. 12 2. If a proceeding is brought under this chapter , and two 13 or more child support orders have been issued by tribunals 14 of this state , or another state , or a foreign country with 15 regard to the same obligor and same child, a tribunal of this 16 state having personal jurisdiction over both the obligor 17 and individual obligee shall apply the following rules in 18 determining and by order shall determine which order to 19 recognize for purposes of continuing, exclusive jurisdiction 20 controls and must be recognized : 21 a. If only one of the tribunals would have continuing, 22 exclusive jurisdiction under this chapter , the order of that 23 tribunal controls and must be so recognized . 24 b. If more than one of the tribunals would have continuing, 25 exclusive jurisdiction under this chapter , an order one of the 26 following shall apply: 27 (1) An order issued by a tribunal in the current home state 28 of the child controls . and must be so recognized, but if 29 (2) If an order has not been issued in the current home 30 state of the child, the order most recently issued controls and 31 must be so recognized . 32 c. If none of the tribunals would have continuing, exclusive 33 jurisdiction under this chapter , the tribunal of this state 34 having jurisdiction over the parties shall issue a child 35 -12- LSB 1335XD (22) 86 pf/nh 12/ 85

S.F. _____ H.F. _____ support order, which controls and must be so recognized . 1 3. If two or more child support orders have been issued 2 for the same obligor and same child and if the obligor or the 3 individual obligee resides in this state , upon request of a 4 party may request who is an individual or that is a support 5 enforcement agency, a tribunal of this state to having personal 6 jurisdiction over both the obligor and the obligee who is an 7 individual shall determine which order controls and must be 8 so recognized under subsection 2 . The request must may be 9 accompanied by a certified copy of every support order in 10 effect. The requesting party shall give notice of the request 11 to each party whose rights may be affected by the determination 12 filed with a registration for enforcement or registration 13 for modification pursuant to Article 6, or may be filed as a 14 separate proceeding . 15 4. A request to determine which is the controlling order 16 must be accompanied by a copy of every child support order in 17 effect and the applicable record of payments. The requesting 18 party shall give notice of the request to each party whose 19 rights may be affected by the determination. 20 5. The tribunal that issued the controlling order under 21 subsection 1, 2, or 3 is the tribunal that has continuing , 22 exclusive jurisdiction under to the extent provided in section 23 252K.205 or 252K.206 . 24 5. 6. A tribunal of this state which that determines by 25 order the identity of which is the controlling order under 26 subsection 2 , paragraph “a” or “b” or subsection 3 , or which 27 that issues a new controlling order under subsection 2 , 28 paragraph “c” , shall state in that order : the 29 a. The basis upon which the tribunal made its determination. 30 b. The amount of prospective support, if any. 31 c. The total amount of consolidated arrears and accrued 32 interest, if any, under all of the orders after all payments 33 made are credited as provided in section 252K.209. 34 6. 7. Within thirty days after issuance of an order 35 -13- LSB 1335XD (22) 86 pf/nh 13/ 85

S.F. _____ H.F. _____ determining the identity of which is the controlling order, 1 the party obtaining the order shall file a certified copy of 2 it with in each tribunal that issued or registered an earlier 3 order of child support. A party who obtains or support 4 enforcement agency obtaining the order and that fails to file 5 a certified copy is subject to appropriate sanctions by a 6 tribunal in which the issue of failure to file arises. The 7 failure to file does not affect the validity or enforceability 8 of the controlling order. 9 8. An order that has been determined to be the controlling 10 order, or a judgment for consolidated arrears of support 11 and interest, if any, made pursuant to this section must be 12 recognized in proceedings under this chapter. 13 Sec. 13. Section 252K.208, Code 2015, is amended to read as 14 follows: 15 252K.208 Multiple child Child support orders for two or more 16 obligees. 17 In responding to multiple registrations or requests for 18 enforcement of two or more child support orders in effect at 19 the same time with regard to the same obligor and different 20 individual obligees, at least one of which was issued by a 21 tribunal of another state or a foreign country , a tribunal of 22 this state shall enforce those orders in the same manner as 23 if the multiple orders had been issued by a tribunal of this 24 state. 25 Sec. 14. Section 252K.209, Code 2015, is amended to read as 26 follows: 27 252K.209 Credit for payments. 28 Amounts A tribunal of this state shall credit amounts 29 collected and credited for a particular period pursuant to a 30 any child support order against the amounts owed for the same 31 period under any other child support order for support of the 32 same child issued by a tribunal of this state, another state , 33 must be credited against the amounts accruing or accrued for 34 the same period under a support order issued by the tribunal of 35 -14- LSB 1335XD (22) 86 pf/nh 14/ 85

S.F. _____ H.F. _____ this state a foreign country . 1 Sec. 15. NEW SECTION . 252K.210 Application of chapter to 2 nonresident subject to personal jurisdiction. 3 A tribunal of this state exercising personal jurisdiction 4 over a nonresident in a proceeding under this chapter, under 5 other law of this state relating to a support order, or 6 recognizing a foreign support order may receive evidence from 7 outside this state pursuant to section 252K.316, communicate 8 with a tribunal outside this state pursuant to section 9 252K.317, and obtain discovery through a tribunal outside this 10 state pursuant to section 252K.318. In all other respects, 11 Articles 3 through 6 do not apply, and the tribunal shall apply 12 the procedural and substantive law of this state. 13 Sec. 16. NEW SECTION . 252K.211 Continuing, exclusive 14 jurisdiction to modify spousal support order. 15 1. A tribunal of this state issuing a spousal support order 16 consistent with the law of this state has continuing, exclusive 17 jurisdiction to modify the spousal support order throughout the 18 existence of the support obligation. 19 2. A tribunal of this state may not modify a spousal support 20 order issued by a tribunal of another state or a foreign 21 country having continuing, exclusive jurisdiction over that 22 order under the law of that state or foreign country. 23 3. A tribunal of this state that has continuing, exclusive 24 jurisdiction over a spousal support order may serve as any of 25 the following: 26 a. An initiating tribunal to request a tribunal of another 27 state to enforce the spousal support order issued in this 28 state. 29 b. A responding tribunal to enforce or modify its own 30 spousal support order. 31 Sec. 17. Section 252K.301, Code 2015, is amended to read as 32 follows: 33 252K.301 Proceedings under this chapter . 34 1. Except as otherwise provided in this chapter , this 35 -15- LSB 1335XD (22) 86 pf/nh 15/ 85

S.F. _____ H.F. _____ article applies to all proceedings under this chapter . 1 2. This chapter provides for the following proceedings: 2 a. Establishment of an order for spousal support or child 3 support pursuant to article 4 . 4 b. Enforcement of a support order and income withholding 5 order of another state without registration pursuant to article 6 5 . 7 c. Registration of an order for spousal support or child 8 support of another state for enforcement pursuant to article 6 . 9 d. Modification of an order for child support or spousal 10 support issued by a tribunal of this state pursuant to article 11 2, part 2 . 12 e. Registration of an order for child support of another 13 state for modification pursuant to article 6 . 14 f. Determination of parentage pursuant to article 7 . 15 g. Assertion of jurisdiction over nonresidents pursuant to 16 article 2, part 1 . 17 3. An individual movant or a support enforcement agency may 18 commence initiate a proceeding authorized under this chapter 19 by filing a petition or a comparable pleading in an initiating 20 tribunal for forwarding to a responding tribunal or by filing 21 a petition or a comparable pleading directly in a tribunal of 22 another state or a foreign country which has or can obtain 23 personal jurisdiction over the respondent or nonmoving party. 24 Sec. 18. Section 252K.302, Code 2015, is amended to read as 25 follows: 26 252K.302 Action Proceeding by minor parent. 27 A minor parent, or a guardian or other legal representative 28 of a minor parent, may maintain a proceeding on behalf of or 29 for the benefit of the minor’s child. 30 Sec. 19. Section 252K.303, Code 2015, is amended to read as 31 follows: 32 252K.303 Application of law of this state. 33 Except as otherwise provided by this chapter , a responding 34 tribunal of this state shall do all of the following: 35 -16- LSB 1335XD (22) 86 pf/nh 16/ 85

S.F. _____ H.F. _____ 1. Apply the procedural and substantive law , including 1 the rules on choice of law, generally applicable to similar 2 proceedings originating in this state , and may exercise all 3 powers and provide all remedies available in those proceedings. 4 2. Determine the duty of support and the amount payable in 5 accordance with the law and support guidelines of this state. 6 Sec. 20. Section 252K.304, Code 2015, is amended to read as 7 follows: 8 252K.304 Duties of initiating tribunal. 9 1. Upon the filing of a petition or comparable pleading 10 authorized by this chapter , an initiating tribunal of this 11 state shall forward three copies of the petition or comparable 12 pleading and its accompanying documents: 13 a. To the responding tribunal or appropriate support 14 enforcement agency in the responding state. 15 b. If the identity of the responding tribunal is unknown, 16 to the state information agency of the responding state with a 17 request that they be forwarded to the appropriate tribunal and 18 that receipt be acknowledged. 19 2. If a requested by the responding state has not enacted 20 this law or a law or procedure substantially similar to this 21 chapter , a tribunal , a tribunal of this state may shall issue a 22 certificate or other document and make findings required by the 23 law of the responding state. If the responding state tribunal 24 is in a foreign jurisdiction country , upon request the tribunal 25 may of this state shall specify the amount of support sought , 26 convert that amount into the equivalent amount in the foreign 27 currency under applicable official or market exchange rates as 28 publicly reported, and provide any other documents necessary 29 to satisfy the requirements of the responding state foreign 30 tribunal . 31 Sec. 21. Section 252K.305, Code 2015, is amended to read as 32 follows: 33 252K.305 Duties and powers of responding tribunal. 34 1. When a responding tribunal of this state receives a 35 -17- LSB 1335XD (22) 86 pf/nh 17/ 85

S.F. _____ H.F. _____ petition or comparable pleading from an initiating tribunal 1 or directly pursuant to section 252K.301, subsection 3 2 , it 2 shall cause the petition or pleading to be filed and notify the 3 movant where and when it was filed. 4 2. A responding tribunal of this state, to the extent 5 otherwise authorized not prohibited by other law, may do one or 6 more of the following: 7 a. Issue Establish or enforce a support order, modify a 8 child support order, determine the controlling child support 9 order, or render a judgment to determine parentage of a child . 10 b. Order an obligor to comply with a support order, 11 specifying the amount and the manner of compliance. 12 c. Order income withholding. 13 d. Determine the amount of any arrearages, and specify a 14 method of payment. 15 e. Enforce orders by civil or criminal contempt, or both. 16 f. Set aside property for satisfaction of the support order. 17 g. Place liens and order execution on the obligor’s 18 property. 19 h. Order an obligor to keep the tribunal informed of 20 the obligor’s current residential address, electronic mail 21 address, telephone number, employer, address of employment, and 22 telephone number at the place of employment. 23 i. Issue a bench warrant for an obligor who has failed after 24 proper notice to appear at a hearing ordered by the tribunal 25 and enter the bench warrant in any local and state computer 26 systems for criminal warrants. 27 j. Order the obligor to seek appropriate employment by 28 specified methods. 29 k. Award reasonable attorney’s fees and other fees and 30 costs. 31 l. Grant any other available remedy. 32 3. A responding tribunal of this state shall include in a 33 support order issued under this chapter , or in the documents 34 accompanying the order, the calculations on which the support 35 -18- LSB 1335XD (22) 86 pf/nh 18/ 85

S.F. _____ H.F. _____ order is based. 1 4. A responding tribunal of this state may not condition 2 the payment of a support order issued under this chapter upon 3 compliance by a party with provisions for visitation. 4 5. If a responding tribunal of this state issues an order 5 under this chapter , the tribunal shall send a copy of the 6 order to the movant and the respondent and to the initiating 7 tribunal, if any. 8 6. If requested to enforce a support order, arrears, 9 or judgment or modify a support order stated in a foreign 10 currency, a responding tribunal of this state shall convert the 11 amount stated in the foreign currency to the equivalent amount 12 in dollars under the applicable official or market exchange 13 rate as publicly reported. 14 Sec. 22. Section 252K.306, Code 2015, is amended to read as 15 follows: 16 252K.306 Inappropriate tribunal. 17 If a petition or comparable pleading is received by 18 an inappropriate tribunal of this state, it the tribunal 19 shall forward the pleading and accompanying documents to an 20 appropriate tribunal in of this state or another state and 21 notify the movant where and when the pleading was sent. 22 Sec. 23. Section 252K.307, Code 2015, is amended to read as 23 follows: 24 252K.307 Duties of support enforcement agency. 25 1. A In a proceeding under this chapter, a support 26 enforcement agency of this state, upon request , shall : 27 a. Shall provide services to a movant in a proceeding under 28 this chapter residing in a state . 29 b. Shall provide services to a movant requesting services 30 through a central authority of a foreign country as described 31 in section 252K.101, subsection 5, paragraph “a” or “d” . 32 c. May provide services to a movant who is an individual not 33 residing in a state. 34 2. A support enforcement agency of this state that is 35 -19- LSB 1335XD (22) 86 pf/nh 19/ 85

S.F. _____ H.F. _____ providing services to the movant as appropriate shall: 1 a. Take all steps necessary to enable an appropriate 2 tribunal in of this state , or another state , or a foreign 3 country to obtain jurisdiction over the respondent. 4 b. Request an appropriate tribunal to set a date, time, and 5 place for a hearing. 6 c. Make a reasonable effort to obtain all relevant 7 information, including information as to income and property 8 of the parties. 9 d. Within five ten days, exclusive of Saturdays, Sundays, 10 and legal holidays, after receipt of a written notice in a 11 record from an initiating, responding, or registering tribunal, 12 send a copy of the notice to the movant. 13 e. Within five ten days, exclusive of Saturdays, Sundays, 14 and legal holidays, after receipt of a written communication in 15 a record from the respondent or the respondent’s attorney, send 16 a copy of the communication to the movant. 17 f. Notify the movant if jurisdiction over the respondent 18 cannot be obtained. 19 3. A support enforcement agency of this state that requests 20 registration of a child support order in this state for 21 enforcement or for modification shall make reasonable efforts 22 to do either of the following: 23 a. To ensure that the order to be registered is the 24 controlling order. 25 b. If two or more child support orders exist and the 26 identity of the controlling order has not been determined, 27 to ensure that a request for such determination is made in a 28 tribunal having jurisdiction to do so. 29 4. A support enforcement agency of this state that requests 30 registration and enforcement of a support order, arrears, or 31 judgment stated in a foreign currency shall convert the amounts 32 stated in the foreign currency into the equivalent amounts in 33 dollars under the applicable official or market exchange rate 34 as publicly reported. 35 -20- LSB 1335XD (22) 86 pf/nh 20/ 85

S.F. _____ H.F. _____ 5. A support enforcement agency of this state shall issue 1 or request a tribunal of this state to issue a child support 2 order and an income withholding order that redirect payment of 3 current support, arrears, and interest if requested to do so 4 by a support enforcement agency of another state pursuant to 5 section 252K.319. 6 6. This chapter does not create or negate a relationship of 7 attorney and client or other fiduciary relationship between a 8 support enforcement agency or the attorney for the agency and 9 the individual being assisted by the agency. 10 Sec. 24. Section 252K.308, Code 2015, is amended to read as 11 follows: 12 252K.308 Duty of attorney general. 13 1. If the attorney general determines that the support 14 enforcement agency is neglecting or refusing to provide 15 services to an individual, the attorney general may order the 16 agency to perform its duties under this chapter or may provide 17 those services directly to the individual. 18 2. The attorney general may determine that a foreign country 19 has established a reciprocal arrangement for child support with 20 this state and take appropriate action for notification of the 21 determination. 22 Sec. 25. Section 252K.310, Code 2015, is amended to read as 23 follows: 24 252K.310 Duties of state information agency. 25 1. The child support recovery unit is the state information 26 agency under this chapter . 27 2. The state information agency shall: 28 a. Compile and maintain a current list, including addresses, 29 of the tribunals in this state which have jurisdiction under 30 this chapter and any support enforcement agencies in this state 31 and transmit a copy to the state information agency of every 32 other state. 33 b. Maintain a register of names and addresses of tribunals 34 and support enforcement agencies received from other states. 35 -21- LSB 1335XD (22) 86 pf/nh 21/ 85

S.F. _____ H.F. _____ c. Forward to the appropriate tribunal in the place in this 1 state in which the individual obligee who is an individual or 2 the obligor resides, or in which the obligor’s property is 3 believed to be located, all documents concerning a proceeding 4 under this chapter received from an initiating tribunal or the 5 state information agency of the initiating state another state 6 or a foreign country . 7 d. Obtain information concerning the location of the obligor 8 and the obligor’s property within this state not exempt from 9 execution, by such means as postal verification and federal or 10 state locator services, examination of telephone directories, 11 requests for the obligor’s address from employers, and 12 examination of governmental records, including, to the extent 13 not prohibited by other law, those relating to real property, 14 vital statistics, law enforcement, taxation, motor vehicles, 15 driver’s licenses, and social security. 16 Sec. 26. Section 252K.311, Code 2015, is amended to read as 17 follows: 18 252K.311 Pleadings and accompanying documents. 19 1. A In a proceeding under this chapter, a movant seeking to 20 establish a support order, to determine parentage of a child, 21 or to register and modify a support order of a tribunal of 22 another state or to determine parentage in a proceeding under 23 this chapter a foreign country must verify the file a petition 24 or comparable pleading . Unless otherwise ordered under section 25 252K.312 , the petition , comparable pleading, or accompanying 26 documents must provide, so far as known, the name, residential 27 address, and social security numbers of the obligor and the 28 obligee or the parent and alleged parent , and the name, sex, 29 residential address, social security number, and date of birth 30 of each child for whom whose benefit support is sought or whose 31 parentage is to be determined . The Unless filed at the time 32 of registration, the petition or comparable pleading must be 33 accompanied by a certified copy of any support order in effect 34 known to have been issued by another tribunal . The petition or 35 -22- LSB 1335XD (22) 86 pf/nh 22/ 85

S.F. _____ H.F. _____ comparable pleading may include any other information that may 1 assist in locating or identifying the respondent. 2 2. The petition or comparable pleading must specify the 3 relief sought. The petition or comparable pleading and 4 accompanying documents shall must conform substantially with 5 the requirements imposed by the forms mandated by federal law 6 for use in cases filed by a support enforcement agency. 7 Sec. 27. Section 252K.312, Code 2015, is amended to read as 8 follows: 9 252K.312 Nondisclosure of information in exceptional 10 circumstances. 11 Upon a finding, which may be made ex parte, If a party 12 alleges in an affidavit or a pleading under oath that the 13 health, safety, or liberty of a party or child would be 14 unreasonably put at risk jeopardized by the disclosure of 15 specific identifying information, or if an existing order so 16 provides, a tribunal shall order that the address of the child 17 or party or other identifying information must be sealed and 18 may not be disclosed to the other party or the public. After a 19 hearing in a pleading or other document filed in a proceeding 20 under this chapter which a tribunal takes into consideration 21 the health, safety, or liberty of the party or child, the 22 tribunal may order disclosure of information that the tribunal 23 determines to be in the interest of justice . 24 Sec. 28. Section 252K.313, Code 2015, is amended to read as 25 follows: 26 252K.313 Costs and fees. 27 1. The movant shall may not be required to pay a filing fee 28 or other costs. 29 2. If an obligee prevails, a responding tribunal of this 30 state may assess against an obligor filing fees, reasonable 31 attorney fees, other costs, and necessary travel and other 32 reasonable expenses incurred by the obligee and the obligee’s 33 witnesses. The tribunal may not assess fees, costs, or 34 expenses against the obligee or the support enforcement agency 35 -23- LSB 1335XD (22) 86 pf/nh 23/ 85

S.F. _____ H.F. _____ of either the initiating or the responding state or foreign 1 country , except as provided by other law. Attorney fees may 2 be taxed as costs, and may be ordered paid directly to the 3 attorney, who may enforce the order in the attorney’s own name. 4 Payment of support owed to the obligee has priority over fees, 5 costs, and expenses. 6 3. The tribunal shall order the payment of costs and 7 reasonable attorney’s fees if the tribunal it determines that 8 a hearing was requested primarily for delay. In a proceeding 9 under article Article 6 , a hearing is presumed to have been 10 requested primarily for delay if a registered support order is 11 confirmed or enforced without change. 12 Sec. 29. Section 252K.314, Code 2015, is amended to read as 13 follows: 14 252K.314 Limited immunity of movant. 15 1. Participation by a movant in a proceeding under this 16 chapter before a responding tribunal, whether in person, by 17 private attorney, or through services provided by the support 18 enforcement agency, does not confer personal jurisdiction over 19 the movant in another proceeding. 20 2. A movant is not amenable to service of civil process 21 while physically present in this state to participate in a 22 proceeding under this chapter . 23 3. The immunity granted by this section does not extend to 24 civil litigation based on acts unrelated to a proceeding under 25 this chapter committed by a party while physically present in 26 this state to participate in the proceeding. 27 Sec. 30. Section 252K.316, Code 2015, is amended to read as 28 follows: 29 252K.316 Special rules of evidence and procedure. 30 1. The physical presence of the movant a nonresident 31 party who is an individual in a responding tribunal of this 32 state is not required for the establishment, enforcement, or 33 modification of a support order or the rendition of a judgment 34 determining parentage of a child . 35 -24- LSB 1335XD (22) 86 pf/nh 24/ 85

S.F. _____ H.F. _____ 2. A verified petition, An affidavit, a document 1 substantially complying with federally mandated forms, and or a 2 document incorporated by reference in any of them, which would 3 not be excluded under the hearsay rule if given in person, is 4 admissible in evidence if given under oath penalty of perjury 5 by a party or witness residing in another outside this state. 6 3. A copy of the record of child support payments certified 7 as a true copy of the original by the custodian of the record 8 may be forwarded to a responding tribunal. The copy is 9 evidence of facts asserted in it, and is admissible to show 10 whether payments were made. 11 4. Copies of bills for testing for parentage of a child , 12 and for prenatal and postnatal health care of the mother and 13 child, furnished to the adverse party at least ten days before 14 trial, are admissible in evidence to prove the amount of the 15 charges billed and that the charges were reasonable, necessary, 16 and customary. 17 5. Documentary evidence transmitted from another 18 outside this state to a tribunal of this state by telephone, 19 telecopier, or other electronic means that do not provide an 20 original writing record may not be excluded from evidence on an 21 objection based on the means of transmission. 22 6. In a proceeding under this chapter , a tribunal of this 23 state may shall permit a party or witness residing in another 24 outside this state to be deposed or to testify under penalty of 25 perjury by telephone, audiovisual means, or other electronic 26 means at a designated tribunal or other location in that state . 27 A tribunal of this state shall cooperate with other tribunals 28 of other states in designating an appropriate location for the 29 deposition or testimony. 30 7. If a party called to testify at a civil hearing refuses 31 to answer on the ground that the testimony may be self 32 incriminating, the trier of fact may draw an adverse inference 33 from the refusal. 34 8. A privilege against disclosure of communications between 35 -25- LSB 1335XD (22) 86 pf/nh 25/ 85

S.F. _____ H.F. _____ spouses does not apply in a proceeding under this chapter . 1 9. The defense of immunity based on the relationship of 2 husband and wife or parent and child does not apply in a 3 proceeding under this chapter . 4 10. A voluntary acknowledgment of paternity, certified as a 5 true copy, is admissible to establish parentage of a child. 6 Sec. 31. Section 252K.317, Code 2015, is amended to read as 7 follows: 8 252K.317 Communications between tribunals. 9 A tribunal of this state may communicate with a tribunal 10 of another outside this state in writing a record , or by 11 telephone , electronic mail, or other means, to obtain 12 information concerning the laws of that state , the legal effect 13 of a judgment, decree, or order of that tribunal, and the 14 status of a proceeding in the other state . A tribunal of this 15 state may furnish similar information by similar means to a 16 tribunal of another outside this state. 17 Sec. 32. Section 252K.318, Code 2015, is amended to read as 18 follows: 19 252K.318 Assistance with discovery. 20 A tribunal of this state may: 21 1. Request a tribunal of another outside this state to 22 assist in obtaining discovery. 23 2. Upon request, compel a person over whom which it has 24 jurisdiction to respond to a discovery order issued by a 25 tribunal of another outside this state. 26 Sec. 33. Section 252K.319, Code 2015, is amended to read as 27 follows: 28 252K.319 Receipt and disbursement of payments. 29 1. A support enforcement agency or tribunal of this state 30 shall disburse promptly any amounts received pursuant to 31 a support order, as directed by the order. The agency or 32 tribunal shall furnish to a requesting party or a tribunal of 33 another state or a foreign country a certified statement by 34 the custodian of the record of the amounts and dates of all 35 -26- LSB 1335XD (22) 86 pf/nh 26/ 85

S.F. _____ H.F. _____ payments received. 1 2. If neither the obligor, nor the obligee who is an 2 individual, nor the child resides in this state, upon request 3 from the support enforcement agency of this state or another 4 state, the child support recovery unit or a tribunal of this 5 state shall: 6 a. Direct that the support payment be made to the support 7 enforcement agency in the state in which the obligee is 8 receiving services. 9 b. Issue and send to the obligor’s employer a conforming 10 income withholding order or an administrative notice of change 11 of payee, reflecting the redirected payments. 12 3. The support enforcement agency of this state receiving 13 redirected payments from another state pursuant to a law 14 similar to subsection 2 shall furnish to a requesting party 15 or tribunal of the other state a certified statement by the 16 custodian of the record of the amount and dates of all payments 17 received. 18 Sec. 34. Section 252K.401, Code 2015, is amended to read as 19 follows: 20 252K.401 Petition to establish Establishment of support 21 order. 22 1. If a support order entitled to recognition under this 23 chapter has not been issued, a responding tribunal of this 24 state with personal jurisdiction over the parties may issue a 25 support order if any of the following applies: 26 a. The individual seeking the order resides in another 27 outside this state. 28 b. The support enforcement agency seeking the order is 29 located in another outside this state. 30 2. The tribunal may issue a temporary child support order if 31 the tribunal determines that such an order is appropriate and 32 the individual ordered to pay is any of the following applies : 33 a. The respondent has signed a verified statement 34 acknowledging parentage A presumed father of the child . 35 -27- LSB 1335XD (22) 86 pf/nh 27/ 85

S.F. _____ H.F. _____ b. The respondent has been determined by or pursuant 1 Petitioning to law to be the parent have his paternity 2 adjudicated . 3 c. There is other clear and convincing evidence that the 4 respondent is the child’s parent Identified as the father of 5 the child through genetic testing . 6 d. An alleged father who has declined to submit to genetic 7 testing. 8 e. Shown by clear and convincing evidence to be the father 9 of the child. 10 f. An acknowledged father as provided by section 252A.3A. 11 g. The mother of the child. 12 h. An individual who has been ordered to pay child support 13 in a previous proceeding and the order has been reversed or 14 vacated. 15 3. Upon finding, after notice and opportunity to be heard, 16 that an obligor owes a duty of support, the tribunal shall 17 issue a support order directed to the obligor and may issue 18 other orders pursuant to section 252K.305 . 19 Sec. 35. NEW SECTION . 252K.402 Proceeding to determine 20 parentage. 21 A tribunal of this state authorized to determine parentage 22 of a child may serve as a responding tribunal in a proceeding 23 to determine parentage of a child brought under this chapter or 24 a law or procedure substantially similar to this chapter. 25 Sec. 36. Section 252K.501, Code 2015, is amended to read as 26 follows: 27 252K.501 Employer’s receipt of income withholding order of 28 another state. 29 An income withholding order issued in another state may 30 be sent by or on behalf of the obligee, or by the support 31 enforcement agency, to the person or entity defined as the 32 obligor’s employer under the income withholding law of this 33 state without first filing a petition or comparable pleading or 34 registering the order with a tribunal of this state. 35 -28- LSB 1335XD (22) 86 pf/nh 28/ 85

S.F. _____ H.F. _____ Sec. 37. Section 252K.502, subsection 3, paragraph b, Code 1 2015, is amended to read as follows: 2 b. The person or agency designated to receive payments and 3 the address to which the payments are to be forwarded. 4 Sec. 38. Section 252K.503, Code 2015, is amended to read as 5 follows: 6 252K.503 Compliance Employer’s compliance with multiple two 7 or more income withholding orders. 8 If an obligor’s employer receives multiple two or more 9 income withholding orders with respect to the earnings of the 10 same obligor, the employer satisfies the terms of the multiple 11 orders if the employer complies with the law of the state of 12 the obligor’s principal place of employment to establish the 13 priorities for withholding and allocating income withheld for 14 multiple two or more child support obligees. 15 Sec. 39. Section 252K.504, Code 2015, is amended to read as 16 follows: 17 252K.504 Immunity from civil liability. 18 An employer who that complies with an income withholding 19 order issued in another state in accordance with this article 20 is not subject to civil liability to an individual or agency 21 with regard to the employer’s withholding of child support from 22 the obligor’s income. 23 Sec. 40. Section 252K.505, Code 2015, is amended to read as 24 follows: 25 252K.505 Penalties for noncompliance. 26 An employer who that willfully fails to comply with an income 27 withholding order issued by in another state and received 28 for enforcement is subject to the same penalties that may be 29 imposed for noncompliance with an order issued by a tribunal 30 of this state. 31 Sec. 41. Section 252K.506, Code 2015, is amended to read as 32 follows: 33 252K.506 Contest by obligor. 34 1. An obligor may contest the validity or enforcement of an 35 -29- LSB 1335XD (22) 86 pf/nh 29/ 85

S.F. _____ H.F. _____ income withholding order issued in another state and received 1 directly by an employer in this state by registering the order 2 in a tribunal of this state and filing a contest to that order 3 as provided in Article 6, or otherwise contesting the order in 4 the same manner as if the order had been issued by a tribunal of 5 this state. Section 252K.604 applies to the contest. 6 2. The obligor shall give notice of the contest to: 7 a. A support enforcement agency providing services to the 8 obligee. 9 b. Each employer that has directly received an income 10 withholding order relating to the obligor . 11 c. The person or agency designated to receive payments in 12 the income withholding order, or if no person or agency is 13 designated, to the obligee. 14 Sec. 42. Section 252K.507, subsection 1, Code 2015, is 15 amended to read as follows: 16 1. A party or support enforcement agency seeking to enforce 17 a support order or an income withholding order, or both, issued 18 by a tribunal of in another state or a foreign support order 19 may send the documents required for registering the order to a 20 support enforcement agency of this state. 21 Sec. 43. Section 252K.601, Code 2015, is amended to read as 22 follows: 23 252K.601 Registration of order for enforcement. 24 A support order or an income withholding order issued by a 25 tribunal of in another state or a foreign support order may be 26 registered in this state for enforcement. 27 Sec. 44. Section 252K.602, Code 2015, is amended to read as 28 follows: 29 252K.602 Procedure to register order for enforcement. 30 1. A Except as otherwise provided in section 252K.706, 31 a support order or income withholding order of another state 32 or a foreign support order may be registered in this state by 33 sending the following documents and information records to the 34 appropriate tribunal in this state: 35 -30- LSB 1335XD (22) 86 pf/nh 30/ 85

S.F. _____ H.F. _____ a. A letter of transmittal to the tribunal requesting 1 registration and enforcement. 2 b. Two copies, including one certified copy, of all orders 3 the order to be registered, including any modification of an 4 the order. 5 c. A sworn statement by the party seeking person requesting 6 registration or a certified statement by the custodian of the 7 records showing the amount of any arrearage. 8 d. The name of the obligor and, if known: 9 (1) The obligor’s address and social security number. 10 (2) The name and address of the obligor’s employer and any 11 other source of income of the obligor. 12 (3) A description and the location of property of the 13 obligor in this state not exempt from execution. 14 e. The Except as otherwise provided in section 252K.312, the 15 name and address of the obligee and, if applicable, the agency 16 or person to whom support payments are to be remitted. 17 2. On receipt of a request for registration, the registering 18 tribunal shall cause the order to be filed as an order of a 19 tribunal of another state or a foreign judgment support order , 20 together with one copy of the documents and information, 21 regardless of their form. 22 3. A petition or comparable pleading seeking a remedy that 23 must be affirmatively sought under other law of this state may 24 be filed at the same time as the request for registration or 25 later. The pleading must specify the grounds for the remedy 26 sought. 27 4. If two or more orders are in effect, the person 28 requesting registration shall: 29 a. Furnish to the tribunal a copy of every support order 30 asserted to be in effect in addition to the documents specified 31 in this section. 32 b. Specify the order alleged to be the controlling order, 33 if any. 34 c. Specify the amount of consolidated arrears, if any. 35 -31- LSB 1335XD (22) 86 pf/nh 31/ 85

S.F. _____ H.F. _____ 5. A request for determination of which is the 1 controlling order may be filed separately or with a request 2 for registration and enforcement or for registration and 3 modification. The person requesting registration shall give 4 notice of the request to each party whose rights may be 5 affected by the determination. 6 Sec. 45. Section 252K.603, Code 2015, is amended to read as 7 follows: 8 252K.603 Effect of registration for enforcement. 9 1. A support order or income withholding order issued in 10 another state or a foreign support order is registered when the 11 order is filed in the registering tribunal of this state. 12 2. A registered support order issued in another state or 13 a foreign country is enforceable in the same manner and is 14 subject to the same procedures as an order issued by a tribunal 15 of this state. 16 3. Except as otherwise provided in this article chapter , a 17 tribunal of this state shall recognize and enforce, but may not 18 modify, a registered support order if the issuing tribunal had 19 jurisdiction. 20 Sec. 46. Section 252K.604, Code 2015, is amended to read as 21 follows: 22 252K.604 Choice of law. 23 1. The Except as otherwise provided in subsection 4, the law 24 of the issuing state or foreign country governs the : 25 a. The nature, extent, amount, and duration of current 26 payments and other obligations of under a registered support 27 and the order. 28 b. The computation and payment of arrearages and accrual of 29 interest on the arrearages under the support order. 30 c. The existence and satisfaction of other obligations under 31 the support order. 32 2. In a proceeding for arrearages arrears under a registered 33 support order , the statute of limitation under the laws of this 34 state or of the issuing state or foreign country , whichever is 35 -32- LSB 1335XD (22) 86 pf/nh 32/ 85

S.F. _____ H.F. _____ longer, applies. 1 3. A responding tribunal of this state shall apply the 2 procedures and remedies of this state to enforce current 3 support and collect arrears and interest due on a support order 4 of another state or a foreign country registered in this state. 5 4. After a tribunal of this state or another state 6 determines which is the controlling order and issues an order 7 consolidating arrears, if any, a tribunal of this state shall 8 prospectively apply the law of the state or foreign country 9 issuing the controlling order, including its law on interest 10 on arrears, on current and future support, and on consolidated 11 arrears. 12 Sec. 47. Section 252K.605, Code 2015, is amended to read as 13 follows: 14 252K.605 Notice of registration of order. 15 1. When a support order or income withholding order issued 16 in another state or a foreign support order is registered, 17 the registering tribunal of this state shall notify the 18 nonregistering party. The notice must be accompanied by a 19 copy of the registered order and the documents and relevant 20 information accompanying the order. 21 2. The A notice must inform the nonregistering party: 22 a. That a registered support order is enforceable as of the 23 date of registration in the same manner as an order issued by a 24 tribunal of this state. 25 b. That a hearing to contest the validity or enforcement of 26 the registered order must be requested within twenty days after 27 the date of mailing or personal service of the notice unless 28 the registered order is contested under section 252K.707 . 29 c. That failure to contest the validity or enforcement 30 of the registered order in a timely manner will result in 31 confirmation of the order and enforcement of the order and the 32 alleged arrearages and precludes further contest of that order 33 with respect to any matter that could have been asserted . 34 d. Of the amount of any alleged arrearages. 35 -33- LSB 1335XD (22) 86 pf/nh 33/ 85

S.F. _____ H.F. _____ 3. If the registering party asserts that two or more orders 1 are in effect, a notice must also: 2 a. Identify the two or more orders and the order alleged 3 by the registering party to be the controlling order and the 4 consolidated arrears, if any. 5 b. Notify the nonregistering party of the right to a 6 determination of which is the controlling order. 7 c. State that the procedures provided in subsection 2 apply 8 to the determination of which is the controlling order. 9 d. State that failure to contest the validity or enforcement 10 of the order alleged to be the controlling order in a timely 11 manner may result in confirmation that the order is the 12 controlling order. 13 4. Upon registration of an income withholding order for 14 enforcement, the support enforcement agency or the registering 15 tribunal shall notify the obligor’s employer pursuant to the 16 income withholding law of this state. 17 Sec. 48. Section 252K.606, Code 2015, is amended to read as 18 follows: 19 252K.606 Procedure to contest validity or enforcement of 20 registered support order. 21 1. A nonregistering party seeking to contest the validity 22 or enforcement of a registered support order in this state 23 shall request a hearing within twenty days after the date of 24 mailing or personal service of notice of the registration the 25 time required by section 252K.605 . The nonregistering party 26 may seek to vacate the registration, to assert any defense to 27 an allegation of noncompliance with the registered order, or to 28 contest the remedies being sought or the amount of any alleged 29 arrearages pursuant to section 252K.607 . 30 2. If the nonregistering party fails to contest the validity 31 or enforcement of the registered order in a timely manner, the 32 order is confirmed by operation of law. 33 3. If a nonregistering party requests a hearing to contest 34 the validity or enforcement of the registered support order, 35 -34- LSB 1335XD (22) 86 pf/nh 34/ 85

S.F. _____ H.F. _____ the registering tribunal shall schedule the matter for hearing 1 and give notice to the parties of the date, time, and place of 2 the hearing. 3 Sec. 49. Section 252K.607, Code 2015, is amended to read as 4 follows: 5 252K.607 Contest of registration or enforcement. 6 1. A party contesting the validity or enforcement of a 7 registered support order or seeking to vacate the registration 8 has the burden of proving one or more of the following 9 defenses: 10 a. The issuing tribunal lacked personal jurisdiction over 11 the contesting party. 12 b. The order was obtained by fraud. 13 c. The order has been vacated, suspended, or modified by a 14 later order. 15 d. The issuing tribunal has stayed the order pending appeal. 16 e. There is a defense under the law of this state to the 17 remedy sought. 18 f. Full or partial payment has been made. 19 g. The statute of limitation under section 252K.604 20 precludes enforcement of some or all of the alleged arrearages. 21 h. The alleged controlling order is not the controlling 22 order. 23 2. If a party presents evidence establishing a full or 24 partial defense under subsection 1 , a tribunal may stay 25 enforcement of the a registered support order, continue 26 the proceeding to permit production of additional relevant 27 evidence, and issue other appropriate orders. An uncontested 28 portion of the registered support order may be enforced by all 29 remedies available under the law of this state. 30 3. If the contesting party does not establish a defense 31 under subsection 1 to the validity or enforcement of the a 32 registered support order, the registering tribunal shall issue 33 an order confirming the order. 34 Sec. 50. Section 252K.608, Code 2015, is amended to read as 35 -35- LSB 1335XD (22) 86 pf/nh 35/ 85

S.F. _____ H.F. _____ follows: 1 252K.608 Confirmed order. 2 Confirmation of a registered support order, whether by 3 operation of law or after notice and hearing, precludes further 4 contest of the order with respect to any matter that could have 5 been asserted at the time of registration. 6 Sec. 51. Section 252K.609, Code 2015, is amended to read as 7 follows: 8 252K.609 Procedure to register child support order of another 9 state for modification. 10 A party or support enforcement agency seeking to modify, or 11 to modify and enforce, a child support order issued in another 12 state shall register that order in this state in the same 13 manner provided in part 1 sections 252K.601 through 252K.608 if 14 the order has not been registered. A petition or comparable 15 pleading for modification may be filed at the same time as a 16 request for registration, or later. The pleading must specify 17 the grounds for modification. 18 Sec. 52. Section 252K.610, Code 2015, is amended to read as 19 follows: 20 252K.610 Effect of registration for modification. 21 A tribunal of this state may enforce a child support order 22 of another state registered for purposes of modification, in 23 the same manner as if the order had been issued by a tribunal of 24 this state, but the registered support order may be modified 25 only if the requirements of section 252K.611 or 252K.613 have 26 been met. 27 Sec. 53. Section 252K.611, Code 2015, is amended to read as 28 follows: 29 252K.611 Modification of child support order of another 30 state. 31 1. After If section 252K.613 does not apply, upon petition 32 or comparable pleading, a tribunal of this state may modify 33 a child support order issued in another state has been which 34 is registered in this state , the responding tribunal of this 35 -36- LSB 1335XD (22) 86 pf/nh 36/ 85

S.F. _____ H.F. _____ state may modify that order only if section 252K.613 does not 1 apply and after notice and hearing it the tribunal finds that 2 paragraph “a” or “b” applies: 3 a. The following requirements are met: 4 (1) The Neither the child, nor the individual obligee who 5 is an individual , and nor the obligor do not reside resides in 6 the issuing state. 7 (2) A movant who is a nonresident of this state seeks 8 modification. 9 (3) The respondent is subject to the personal jurisdiction 10 of the tribunal of this state. 11 b. The This state is the state of residence of the child, 12 or a party who is an individual , is subject to the personal 13 jurisdiction of the tribunal of this state , and all of the 14 parties who are individuals have filed written consents in a 15 record in the issuing tribunal for a tribunal of this state 16 to modify the support order and assume continuing, exclusive 17 jurisdiction over the order . However, if the issuing state 18 is a foreign jurisdiction that has not enacted a law or 19 established procedures substantially similar to the procedures 20 under this chapter , the consent otherwise required of an 21 individual residing in this state is not required for the 22 tribunal to assume jurisdiction to modify the child support 23 order. 24 2. Modification of a registered child support order is 25 subject to the same requirements, procedures, and defenses that 26 apply to the modification of an order issued by a tribunal of 27 this state and the order may be enforced and satisfied in the 28 same manner. 29 3. A tribunal of this state may not modify any aspect 30 of a child support order that may not be modified under 31 the law of the issuing state , including the duration of the 32 obligation of support . If two or more tribunals have issued 33 child support orders for the same obligor and same child, the 34 order that controls and must be so recognized under section 35 -37- LSB 1335XD (22) 86 pf/nh 37/ 85

S.F. _____ H.F. _____ 252K.207 establishes the aspects of the support order which are 1 nonmodifiable. 2 4. In a proceeding to modify a child support order, the 3 law of the state that is determined to have issued the initial 4 controlling order governs the duration of the obligation of 5 support. The obligor’s fulfillment of the duty of support 6 established by that order precludes imposition of a further 7 obligation of support by a tribunal of this state. 8 5. On the issuance of an order by a tribunal of this state 9 modifying a child support order issued in another state, a the 10 tribunal of this state becomes the tribunal having continuing, 11 exclusive jurisdiction. 12 6. Notwithstanding subsections 1 through 5 and section 13 252K.201, subsection 2, a tribunal of this state retains 14 jurisdiction to modify an order issued by a tribunal of this 15 state if both of the following apply: 16 a. One party resides in another state. 17 b. The other party resides outside the United States. 18 Sec. 54. Section 252K.612, Code 2015, is amended to read as 19 follows: 20 252K.612 Recognition of order modified in another state. 21 A tribunal of this state shall recognize If a modification of 22 its earlier child support order issued by a tribunal of this 23 state is modified by a tribunal of another state which assumed 24 jurisdiction pursuant to this chapter or a law substantially 25 similar to this chapter and , upon request, except as otherwise 26 provided in this chapter , shall a tribunal of this state : 27 1. Enforce the May enforce its order that was modified 28 only as to amounts arrears and interest accruing before the 29 modification. 30 2. Enforce only nonmodifiable aspects of that order. 31 3. Provide other May provide appropriate relief only for 32 violations of the its order which occurred before the effective 33 date of the modification. 34 4. 3. Recognize Shall recognize the modifying order of the 35 -38- LSB 1335XD (22) 86 pf/nh 38/ 85

S.F. _____ H.F. _____ other state, upon registration, for the purpose of enforcement. 1 Sec. 55. NEW SECTION . 252K.615 Jurisdiction to modify child 2 support order of foreign country. 3 1. Except as otherwise provided in section 252K.711, if 4 a foreign country lacks or refuses to exercise jurisdiction 5 to modify its child support order pursuant to its laws, a 6 tribunal of this state may assume jurisdiction to modify the 7 child support order and bind all individuals subject to the 8 personal jurisdiction of the tribunal whether the consent to 9 modification of a child support order otherwise required of 10 the individual pursuant to section 252K.611 has been given or 11 whether the individual seeking modification is a resident of 12 this state or of the foreign country. 13 2. An order issued by a tribunal of this state modifying 14 a foreign child support order pursuant to this section is the 15 controlling order. 16 Sec. 56. NEW SECTION . 252K.616 Procedures to register child 17 support order of foreign country for modification. 18 A party or support enforcement agency seeking to modify, or 19 to modify and enforce, a foreign child support order not under 20 the convention may register that order in this state under 21 sections 252K.601 through 252K.608 if the order has not been 22 registered. A petition or comparable pleading for modification 23 may be filed at the same time as a request for registration, 24 or at another time. The pleading must specify the grounds for 25 modification. 26 Sec. 57. Section 252K.701, Code 2015, is amended by striking 27 the section and inserting in lieu thereof the following: 28 252K.701 Definitions. 29 In this article: 30 1. “Application” means a request under the convention by 31 an obligee or obligor, or on behalf of a child, made through 32 a central authority for assistance from another central 33 authority. 34 2. “Central authority” means the entity designated by 35 -39- LSB 1335XD (22) 86 pf/nh 39/ 85

S.F. _____ H.F. _____ the United States or a foreign country described in section 1 252K.101, subsection 5, paragraph “d” , to perform the functions 2 specified in the convention. 3 3. “Convention support order” means a support order of a 4 tribunal of a foreign country described in section 252K.101, 5 subsection 5, paragraph “d” . 6 4. “Direct request” means a petition for support filed 7 by an individual in a tribunal of this state in a proceeding 8 involving an obligee, obligor, or a child residing outside the 9 United States. 10 5. “Foreign central authority” means the entity designated 11 by a foreign country described in section 252K.101, subsection 12 5, paragraph “d” , to perform the functions specified in the 13 convention. 14 6. “Foreign support agreement” : 15 a. Means an agreement for support in a record that: 16 (1) Is enforceable as a support order in the country of 17 origin. 18 (2) Has been formally drawn up or registered as an authentic 19 instrument by a foreign tribunal or authenticated by, or 20 concluded, registered, or filed with a foreign tribunal. 21 (3) May be reviewed and modified by a foreign tribunal. 22 b. “Foreign support agreement” includes a maintenance 23 arrangement or authentic instrument under the convention. 24 7. “United States central authority” means the secretary of 25 the United States department of health and human services. 26 Sec. 58. NEW SECTION . 252K.702 Applicability. 27 This article applies only to a support proceeding under 28 the convention. In such a proceeding, if a provision of this 29 article is inconsistent with Articles 1 through 6, this article 30 controls. 31 Sec. 59. NEW SECTION . 252K.703 Relationship of child 32 support recovery unit to United States central authority. 33 The child support recovery unit of this state is recognized 34 as the agency designated by the United States central authority 35 -40- LSB 1335XD (22) 86 pf/nh 40/ 85

S.F. _____ H.F. _____ to perform specific functions under the convention. 1 Sec. 60. NEW SECTION . 252K.704 Initiation by child support 2 recovery unit of support proceeding under convention. 3 1. In a support proceeding under this article, the child 4 support recovery unit of this state shall: 5 a. Transmit and receive applications. 6 b. Initiate or facilitate the institution of a proceeding 7 regarding an application in a tribunal of this state. 8 2. The following support proceedings are available to an 9 obligee under the convention: 10 a. Recognition or recognition and enforcement of a foreign 11 support order. 12 b. Enforcement of a support order issued or recognized in 13 this state. 14 c. Establishment of a support order if there is no existing 15 order, including, if necessary, determination of parentage of a 16 child. 17 d. Establishment of a support order if recognition of 18 a foreign support order is refused under section 252K.708, 19 subsection 2, paragraph “b” , “d” , or “i” . 20 e. Modification of a support order of a tribunal of this 21 state. 22 f. Modification of a support order of a tribunal of another 23 state or a foreign country. 24 3. The following support proceedings are available under 25 the convention to an obligor against which there is an existing 26 support order: 27 a. Recognition of an order suspending or limiting 28 enforcement of an existing support order of a tribunal of this 29 state. 30 b. Modification of a support order of a tribunal of this 31 state. 32 c. Modification of a support order of a tribunal of another 33 state or a foreign country. 34 4. A tribunal of this state may not require security, bond, 35 -41- LSB 1335XD (22) 86 pf/nh 41/ 85

S.F. _____ H.F. _____ or deposit, however described, to guarantee the payment of 1 costs and expenses in proceedings under the convention. 2 Sec. 61. NEW SECTION . 252K.705 Direct request. 3 1. A petitioner may file a direct request seeking 4 establishment or modification of a support order or 5 determination of parentage of a child. In the proceeding, the 6 law of this state applies. 7 2. A petitioner may file a direct request seeking 8 recognition and enforcement of a support order or support 9 agreement. In the proceeding, sections 252K.706 through 10 252K.713 apply. 11 3. In a direct request for recognition and enforcement of a 12 convention support order or foreign support agreement: 13 a. A security, bond, or deposit is not required to guarantee 14 the payment of costs and expenses. 15 b. An obligee or obligor that in the issuing country 16 has benefited from free legal assistance is entitled to 17 benefit, at least to the same extent, from any free legal 18 assistance provided for by the law of this state under the same 19 circumstances. 20 4. A petitioner filing a direct request is not entitled to 21 assistance from the child support recovery unit. 22 5. This article does not prevent the application of laws 23 of this state that provide simplified, more expeditious rules 24 regarding a direct request for recognition and enforcement of a 25 foreign support order or foreign support agreement. 26 Sec. 62. NEW SECTION . 252K.706 Registration of convention 27 support order. 28 1. Except as otherwise provided in this article, a party 29 who is an individual or a support enforcement agency seeking 30 recognition of a convention support order shall register the 31 order in this state as provided in Article 6. 32 2. Notwithstanding section 252K.311 and section 252K.602, 33 subsection 1, a request for registration of a convention 34 support order must be accompanied by: 35 -42- LSB 1335XD (22) 86 pf/nh 42/ 85

S.F. _____ H.F. _____ a. A complete text of the support order. 1 b. A record stating that the support order is enforceable 2 in the issuing country. 3 c. If the respondent did not appear and was not represented 4 in the proceedings in the issuing country, a record attesting, 5 as appropriate, either that the respondent had proper notice 6 of the proceedings and an opportunity to be heard or that 7 the respondent had proper notice of the support order and an 8 opportunity to be heard in a challenge or appeal on fact or law 9 before a tribunal. 10 d. A record showing the amount of arrears, if any, and the 11 date the amount was calculated. 12 e. A record showing a requirement for automatic adjustment 13 of the amount of support, if any, and the information necessary 14 to make the appropriate calculations. 15 f. If necessary, a record showing the extent to which 16 the applicant received free legal assistance in the issuing 17 country. 18 3. A request for registration of a convention support order 19 may seek recognition and partial enforcement of the order. 20 4. A tribunal of this state may vacate the registration 21 of a convention support order without the filing of a contest 22 under section 252K.707 only if, acting on its own motion, the 23 tribunal finds that recognition and enforcement of the order 24 would be manifestly incompatible with public policy. 25 5. The tribunal shall promptly notify the parties of the 26 registration or the order vacating the registration of a 27 convention support order. 28 Sec. 63. NEW SECTION . 252K.707 Contest of registered 29 convention support order. 30 1. Except as otherwise provided in this article, sections 31 252K.605 through 252K.608 apply to a contest of a registered 32 convention support order. 33 2. A party contesting a registered convention support order 34 shall file a contest not later than thirty days after notice of 35 -43- LSB 1335XD (22) 86 pf/nh 43/ 85

S.F. _____ H.F. _____ the registration, but if the contesting party does not reside 1 in the United States, the contest must be filed not later than 2 sixty days after notice of the registration. 3 3. If the nonregistering party fails to contest the 4 registered convention support order by the time specified in 5 subsection 2, the order is enforceable. 6 4. A contest of a registered convention support order may 7 be based only on grounds set forth in section 252K.708. The 8 contesting party bears the burden of proof. 9 5. In a contest of a registered convention support order, a 10 tribunal of this state: 11 a. Is bound by the findings of fact on which the foreign 12 tribunal based its jurisdiction. 13 b. May not review the merits of the order. 14 6. A tribunal of this state deciding a contest of a 15 registered convention support order shall promptly notify the 16 parties of its decision. 17 7. A challenge or appeal, if any, does not stay the 18 enforcement of a convention support order unless there are 19 exceptional circumstances. 20 Sec. 64. NEW SECTION . 252K.708 Recognition and enforcement 21 of registered convention support order. 22 1. Except as otherwise provided in subsection 2, a tribunal 23 of this state shall recognize and enforce a registered 24 convention support order. 25 2. The following grounds are the only grounds on which a 26 tribunal of this state may refuse recognition and enforcement 27 of a registered convention support order: 28 a. Recognition and enforcement of the order is manifestly 29 incompatible with public policy, including the failure of the 30 issuing tribunal to observe minimum standards of due process, 31 which include notice and an opportunity to be heard. 32 b. The issuing tribunal lacked personal jurisdiction 33 consistent with section 252K.201. 34 c. The order is not enforceable in the issuing country. 35 -44- LSB 1335XD (22) 86 pf/nh 44/ 85

S.F. _____ H.F. _____ d. The order was obtained by fraud in connection with a 1 matter of procedure. 2 e. A record transmitted in accordance with section 252K.706 3 lacks authenticity or integrity. 4 f. A proceeding between the same parties and having the same 5 purpose is pending before a tribunal of this state and that 6 proceeding was the first to be filed. 7 g. The order is incompatible with a more recent support 8 order involving the same parties and having the same purpose if 9 the more recent support order is entitled to recognition and 10 enforcement under this chapter in this state. 11 h. Payment, to the extent alleged arrears have been paid in 12 whole or in part. 13 i. In a case in which the respondent neither appeared 14 nor was represented in the proceeding in the issuing foreign 15 country, any of the following is applicable: 16 (1) If the law of that country provides for prior notice of 17 proceedings, the respondent did not have proper notice of the 18 proceedings and an opportunity to be heard. 19 (2) If the law of that country does not provide for 20 prior notice of the proceedings, the respondent did not have 21 proper notice of the order and an opportunity to be heard in a 22 challenge or appeal on fact or law before a tribunal. 23 j. The order was made in violation of section 252K.711. 24 3. If a tribunal of this state does not recognize a 25 convention support order under subsection 2, paragraph “b” , “d” , 26 or “i” : 27 a. The tribunal may not dismiss the proceeding without 28 allowing a reasonable time for a party to request the 29 establishment of a new convention support order. 30 b. The child support recovery unit shall take all 31 appropriate measures to request a child support order for the 32 obligee if the application for recognition and enforcement was 33 received under section 252K.704. 34 Sec. 65. NEW SECTION . 252K.709 Partial enforcement. 35 -45- LSB 1335XD (22) 86 pf/nh 45/ 85

S.F. _____ H.F. _____ If a tribunal of this state does not recognize and enforce a 1 convention support order in its entirety, it shall enforce any 2 severable part of the order. An application or direct request 3 may seek recognition and partial enforcement of a convention 4 support order. 5 Sec. 66. NEW SECTION . 252K.710 Foreign support agreement. 6 1. Except as otherwise provided in subsections 3 and 4, a 7 tribunal of this state shall recognize and enforce a foreign 8 support agreement registered in this state. 9 2. An application or direct request for recognition and 10 enforcement of a foreign support agreement must be accompanied 11 by: 12 a. A complete text of the foreign support agreement. 13 b. A record stating that the foreign support agreement is 14 enforceable as an order of support in the issuing country. 15 3. A tribunal of this state may vacate the registration of 16 a foreign support agreement only if, acting on its own motion, 17 the tribunal finds that recognition and enforcement would be 18 manifestly incompatible with public policy. 19 4. In a contest of a foreign support agreement, a tribunal 20 of this state may refuse recognition and enforcement of the 21 agreement if it finds any of the following: 22 a. Recognition and enforcement of the agreement is 23 manifestly incompatible with public policy. 24 b. The agreement was obtained by fraud or falsification. 25 c. The agreement is incompatible with a support order 26 involving the same parties and having the same purpose in this 27 state, another state, or a foreign country if the support order 28 is entitled to recognition and enforcement under this chapter 29 in this state. 30 d. The record submitted under subsection 2 lacks 31 authenticity or integrity. 32 5. A proceeding for recognition and enforcement of a foreign 33 support agreement must be suspended during the pendency of a 34 challenge to or appeal of the agreement before a tribunal of 35 -46- LSB 1335XD (22) 86 pf/nh 46/ 85

S.F. _____ H.F. _____ another state or a foreign country. 1 Sec. 67. NEW SECTION . 252K.711 Modification of convention 2 child support order. 3 1. A tribunal of this state may not modify a convention 4 child support order if the obligee remains a resident of the 5 foreign country where the support order was issued unless any 6 of the following applies: 7 a. The obligee submits to the jurisdiction of a tribunal 8 of this state, either expressly or by defending on the merits 9 of the case without objecting to the jurisdiction at the first 10 available opportunity. 11 b. The foreign tribunal lacks or refuses to exercise 12 jurisdiction to modify its support order or issue a new support 13 order. 14 2. If a tribunal of this state does not modify a convention 15 child support order because the order is not recognized in this 16 state, section 252K.708, subsection 3, applies. 17 Sec. 68. NEW SECTION . 252K.712 Personal information —— 18 limit on use. 19 Personal information gathered or transmitted under this 20 article may be used only for the purposes for which it was 21 gathered or transmitted. 22 Sec. 69. NEW SECTION . 252K.713 Record in original language 23 —— English translation. 24 A record filed with a tribunal of this state under this 25 article must be in the original language and, if not in 26 English, must be accompanied by an English translation. 27 Sec. 70. Section 252K.801, subsection 2, paragraph b, Code 28 2015, is amended to read as follows: 29 b. On the demand by of the governor of another state, 30 surrender an individual found in this state who is charged 31 criminally in the other state with having failed to provide for 32 the support of an obligee. 33 Sec. 71. Section 252K.802, subsections 1 and 2, Code 2015, 34 are amended to read as follows: 35 -47- LSB 1335XD (22) 86 pf/nh 47/ 85

S.F. _____ H.F. _____ 1. Before making a demand that the governor of another state 1 surrender an individual charged criminally in this state with 2 having failed to provide for the support of an obligee, the 3 governor of this state may require a prosecutor of this state 4 to demonstrate that at least sixty days previously the obligee 5 had initiated proceedings for support pursuant to this chapter 6 or that the proceeding would be of no avail. 7 2. If, under this chapter , or a law substantially similar 8 to this chapter , the Uniform Reciprocal Enforcement of 9 Support Act, or the Revised Uniform Reciprocal Enforcement of 10 Support Act, the governor of another state makes a demand that 11 the governor of this state surrender an individual charged 12 criminally in that state with having failed to provide for 13 the support of a child or other individual to whom a duty 14 of support is owed, the governor may require a prosecutor 15 to investigate the demand and report whether a proceeding 16 for support has been initiated or would be effective. If it 17 appears that a proceeding would be effective but has not been 18 initiated, the governor may delay honoring the demand for a 19 reasonable time to permit the initiation of a proceeding. 20 Sec. 72. Section 252K.901, Code 2015, is amended to read as 21 follows: 22 252K.901 Uniformity of application and construction. 23 This chapter shall be applied and construed In applying 24 and construing this uniform Act, consideration must be given 25 to the need to effectuate its general purpose to make uniform 26 promote uniformity of the law with respect to the subject of 27 this chapter matter among states enacting that enact it. 28 Sec. 73. Section 252K.903, Code 2015, is amended to read as 29 follows: 30 252K.903 Severability clause . 31 If any provision of this chapter or its application to any 32 person or circumstance is held invalid, the invalidity does 33 not affect other provisions or application of this chapter 34 which can be given effect without the invalid provision or 35 -48- LSB 1335XD (22) 86 pf/nh 48/ 85

S.F. _____ H.F. _____ application, and to this end the provisions of this chapter are 1 severable. 2 Sec. 74. Section 252K.904, Code 2015, is amended to read as 3 follows: 4 252K.904 Effective date —— pending matters. 5 1. This chapter takes effect January 1, 1998 July 1, 2015 . 6 2. A tribunal of this state shall apply this chapter 7 beginning January 1, 1998 July 1, 2015 , with the following 8 conditions: 9 a. Matters pending on January 1, 1998 July 1, 2015 , shall be 10 governed by this chapter . 11 b. Pleadings and accompanying documents on pending matters 12 are sufficient if the documents substantially comply with the 13 requirements of this chapter 252A in effect on December 31, 14 1997 June 30, 2015 . 15 Sec. 75. REPEAL. Section 252K.902, Code 2015, is repealed. 16 Sec. 76. CODE EDITOR DIRECTIVES. The Code editor shall do 17 all of the following: 18 1. Eliminate the part designations and titles under Article 19 2 of chapter 252K. 20 2. Retitle Article 4 of chapter 252K “Establishment of 21 support order or determination of parentage”. 22 3. Retitle Article 5 of chapter 252K “Enforcement of support 23 order without registration”. 24 4. Retitle Article 6 of chapter 252K “Registration, 25 enforcement, and modification of support order”. 26 5. Retitle Article 6, part 1, of chapter 252K “Registration 27 for enforcement of support order”. 28 6. Retitle Article 6, part 3, of chapter 252K “Registration 29 and modification of child support order of another state”. 30 7. Create a new part 4 of Article 6 of chapter 252K, 31 entitled “Registration and modification of foreign child 32 support order” which shall include sections 252K.615 and 33 252K.616, as enacted in this Act. 34 8. Retitle Article 7 of chapter 252K “Support proceeding 35 -49- LSB 1335XD (22) 86 pf/nh 49/ 85

S.F. _____ H.F. _____ under convention”, which shall include sections 252K.701, 1 252K.702, 252K.703, 252K.704, 252K.705, 252K.706, 252K.707, 2 252K.708, 252K.709, 252K.710, 252K.711, 252K.712, and 252K.713, 3 as amended and enacted in this Act. 4 DIVISION II 5 CONFORMING CHANGES —— UNIFORM INTERSTATE FAMILY SUPPORT ACT 6 Sec. 77. Section 252A.2, subsection 10, Code 2015, is 7 amended by striking the subsection. 8 Sec. 78. Section 252A.3, subsection 9, Code 2015, is amended 9 to read as follows: 10 9. Notwithstanding the fact that the respondent has 11 obtained in any state or foreign country a final decree of 12 divorce or separation from the respondent’s spouse or a decree 13 dissolving the marriage, the respondent shall be deemed legally 14 liable for the support of any dependent child of such marriage. 15 Sec. 79. Section 252A.3, subsection 10, paragraph d, Code 16 2015, is amended to read as follows: 17 d. By establishment of paternity in a another state or 18 foreign jurisdiction country in any manner provided for by the 19 laws of that jurisdiction. 20 Sec. 80. Section 252A.6A, subsection 2, paragraph b, Code 21 2015, is amended to read as follows: 22 b. If the prior determination of paternity is based on 23 an administrative or court order or by any other means, 24 pursuant to the laws of a another state or foreign jurisdiction 25 country , an action to overcome the prior determination of 26 paternity shall be filed in that jurisdiction. Unless the 27 party requests and is granted a stay of an action to establish 28 child or medical support, the action shall proceed as otherwise 29 provided. 30 Sec. 81. Section 252A.18, Code 2015, is amended to read as 31 follows: 32 252A.18 Registration of foreign support order —— notice. 33 Registration of a support order of another state or foreign 34 support order country shall be in accordance with chapter 35 -50- LSB 1335XD (22) 86 pf/nh 50/ 85

S.F. _____ H.F. _____ 252K except that, with regard to service, promptly upon 1 registration, the clerk of the court shall s end a notice , by 2 restricted certified mail , or the child support recovery unit 3 shall, as provided in section 252B.26, send to the respondent , 4 notice of the registration with a copy of the registered 5 support order or the respondent may be personally served with 6 the notice and the copy of the order in the same manner as 7 original notices are personally served. The clerk shall also 8 docket the case and notify the prosecuting attorney of the 9 action. The clerk shall maintain a registry of all support 10 orders registered pursuant to this section. The filing is in 11 equity. 12 Sec. 82. Section 252B.1, subsection 6, Code 2015, is amended 13 to read as follows: 14 6. “Obligor” means the person legally responsible for the 15 support of a child as defined in section 252D.16 or 598.1 under 16 a support order issued in this state or a pursuant to the laws 17 of another state or foreign jurisdiction country . 18 Sec. 83. Section 252B.3, subsection 4, paragraph b, Code 19 2015, is amended to read as follows: 20 b. This subsection shall not apply unless all the children 21 for whom support is ordered reside with both parents, except 22 that a child may be absent from the home due to a foster care 23 placement pursuant to chapter 234 or a comparable law of a 24 another state or foreign jurisdiction country . 25 Sec. 84. Section 252B.4, subsection 5, paragraph b, Code 26 2015, is amended to read as follows: 27 b. A foreign reciprocating country or foreign country with 28 which the state has an arrangement as provided in 42 U.S.C. 29 §659a as defined in chapter 252K . 30 Sec. 85. Section 252B.9, subsection 3, paragraph i, 31 subparagraphs (4) and (7), Code 2015, are amended to read as 32 follows: 33 (4) The unit receives notification that a copy, regular on 34 its face, of a notarized affidavit or a pleading, which was 35 -51- LSB 1335XD (22) 86 pf/nh 51/ 85

S.F. _____ H.F. _____ signed by and made under oath by a party, under chapter 252K, 1 the uniform interstate family support Act, or the comparable 2 law of another state, alleging the health, safety, or liberty 3 of the party or child would be jeopardized by the disclosure of 4 specific identifying information unless a tribunal has issued 5 an order under chapter 252K , the uniform interstate family 6 support Act, or the comparable law of another state, that the 7 address or other ordered the identifying information of a party 8 or child not be disclosed. 9 (7) The unit receives notification, as the result of a 10 request under section 252B.9A , of the existence of any finding, 11 order, affidavit, pleading, safety plan, or founded allegation 12 referred to in subparagraphs (1) through (6) of this paragraph. 13 Sec. 86. Section 252B.14, Code 2015, is amended to read as 14 follows: 15 252B.14 Support payments —— collection services center or 16 comparable government entity in another state —— clerk of the 17 district court. 18 1. For the purposes of this section , “support order” 19 includes any order entered pursuant to chapter 234 , 252A , 252C , 20 598 , 600B , or any other support chapter or proceeding which 21 establishes support payments as defined in section 252D.16 or 22 598.1 . 23 2. For support orders being enforced by the child support 24 recovery unit, support payments made pursuant to the order 25 shall be directed to and disbursed by the collection services 26 center or, as appropriate, a comparable government entity in 27 another state as provided in chapter 252K . 28 3. With the exception of support payments to which 29 subsection 2 or 4 applies, support payments made pursuant to 30 an order shall be directed to and disbursed by the clerk of the 31 district court in the county in which the order for support is 32 filed. The clerk of the district court may require the obligor 33 to submit payments by bank draft or money order if the obligor 34 submits an insufficient funds support payment to the clerk of 35 -52- LSB 1335XD (22) 86 pf/nh 52/ 85

S.F. _____ H.F. _____ the district court. 1 4. By October 1, 1999, for For a support order to which 2 subsection 2 does not apply, regardless of the terms of the 3 support order directing or redirecting the place of payment, 4 support payments made through income withholding by a payor of 5 income as provided in chapter 252D shall be directed to and 6 disbursed by the collection services center or, as appropriate, 7 a comparable government entity in another state as provided in 8 chapter 252K . The judicial branch and the department shall 9 develop and implement a plan to notify payors of income of 10 this requirement and the effective date of the requirement 11 applicable to the respective payor of income. 12 5. If the collection services center is receiving and 13 disbursing payments pursuant to a support order, but the unit 14 is not providing other services under Tit. IV-D of the federal 15 Social Security Act, or if the order is not being enforced by 16 the unit, the parties to that order are not considered to be 17 receiving services under this chapter . 18 6. Payments to persons other than the clerk of the district 19 court or the collection services center or, as appropriate, a 20 comparable government entity in another state as provided in 21 chapter 252K, do not satisfy the support obligations created by 22 a support order or judgment, except as provided for in sections 23 598.22 and 598.22A . 24 Sec. 87. Section 252B.15, Code 2015, is amended to read as 25 follows: 26 252B.15 Processing and disbursement of support payments. 27 1. The collection services center shall notify the clerk 28 of the district court of any order for which the child support 29 recovery unit is providing enforcement services. The clerk 30 of the district court shall forward any support payment 31 made pursuant to the order, along with any support payment 32 information, to the collection services center. Unless the 33 agreement developed pursuant to section 252B.13A otherwise 34 provides, by October 1, 1999, the clerk of the district court 35 -53- LSB 1335XD (22) 86 pf/nh 53/ 85

S.F. _____ H.F. _____ shall forward any support payment made and any support payment 1 information provided through income withholding pursuant 2 to chapter 252D , to the collection services center. The 3 collection services center shall process and disburse the 4 payment in accordance with federal requirements. 5 2. Unless otherwise provided under federal law, if it is 6 possible to identify the support order to which a payment is 7 to be applied and if sufficient information is provided to 8 identify the obligee, a payment received by the collection 9 services center or the clerk of the district court shall be 10 disbursed to the appropriate individual or office within two 11 working days in accordance with section 598.22 . 12 3. If the collection services center receives an 13 incorrectly submitted payment, the collection services center 14 shall promptly return the payment to the sender and, if known, 15 provide information about where to send the payment. 16 4. Chapter 556 shall not apply to payments received by the 17 collection services center. 18 Sec. 88. Section 252B.16, Code 2015, is amended by adding 19 the following new subsection: 20 NEW SUBSECTION . 4. As provided in sections 252K.307 and 21 252K.319, the unit may issue and file with the clerk of the 22 district court, a notice redirecting support payments to a 23 comparable government entity responsible for the processing 24 and disbursement of support payments in another state. The 25 unit shall send a copy of the notice by regular mail to the 26 last known addresses of the obligor and obligee and, where 27 applicable, shall notify the payor of income to make payments 28 as specified in the notice. The issuance and filing of the 29 notice is the equivalent of a court order redirecting support. 30 Sec. 89. Section 252C.1, subsection 3, Code 2015, is amended 31 to read as follows: 32 3. “Court order” means a judgment or order of a court of 33 this state or another state requiring the payment of a set or 34 determinable amount of monetary support. For orders entered 35 -54- LSB 1335XD (22) 86 pf/nh 54/ 85

S.F. _____ H.F. _____ on or after July 1, 1990, unless the court specifically orders 1 otherwise, medical support, as defined in section 252E.1 , is 2 not included in the amount of monetary support. 3 Sec. 90. Section 252C.4, subsection 1, paragraph c, Code 4 2015, is amended to read as follows: 5 c. If the action is the result of a request from a another 6 state or foreign jurisdiction country to establish support by a 7 responsible person located in Iowa, in the county in which the 8 responsible person resides. 9 Sec. 91. Section 252C.4, subsection 7, paragraph b, Code 10 2015, is amended to read as follows: 11 b. If the prior determination of paternity is based on an 12 administrative or court order or other means, pursuant to the 13 laws of a another state or foreign jurisdiction country , an 14 action to overcome the prior determination of paternity shall 15 be filed in that jurisdiction. Unless the responsible person 16 requests and is granted a stay of an action initiated under 17 this chapter to establish child or medical support, the action 18 shall proceed as otherwise provided by this chapter . 19 Sec. 92. Section 252D.1, Code 2015, is amended to read as 20 follows: 21 252D.1 Delinquent support payments. 22 If support payments ordered under this chapter or chapter 23 232 , 234 , 252A , 252C , 252E , 252F , 598 , 600B , or any other 24 applicable chapter, or under a comparable statute of a another 25 state or foreign jurisdiction country , as certified to the 26 child support recovery unit established in section 252B.2 , are 27 not paid to the clerk of the district court or the collection 28 services center pursuant to section 598.22 or, as appropriate, 29 a comparable government entity in another state as provided 30 in chapter 252K, and become delinquent in an amount equal to 31 the payment for one month, the child support recovery unit 32 may enter an ex parte order or, upon application of a person 33 entitled to receive the support payments, the district court 34 may enter an ex parte order, notifying the person whose 35 -55- LSB 1335XD (22) 86 pf/nh 55/ 85

S.F. _____ H.F. _____ income is to be withheld, of the delinquent amount, of the 1 amount of income to be withheld, and of the procedure to 2 file a motion to quash the order for income withholding, and 3 ordering the withholding of specified sums to be deducted 4 from the delinquent person’s income as defined in section 5 252D.16 sufficient to pay the support obligation and, except as 6 provided in section 598.22 , requiring the payment of such sums 7 to the clerk of the district court or the collection services 8 center or, as appropriate, a comparable government entity in 9 another state as provided in chapter 252K . Beginning October 10 1, 1999, all All income withholding payments shall be paid to 11 the collection services center or, as appropriate, a comparable 12 government entity in another state as provided in chapter 252K . 13 Notification of income withholding shall be provided to the 14 obligor and to the payor of income pursuant to section 252D.17 . 15 Sec. 93. Section 252D.16, subsection 3, Code 2015, is 16 amended to read as follows: 17 3. “Support” or “support payments” means any amount which 18 the court or administrative agency may require a person to pay 19 for the benefit of a child under a temporary order or a final 20 judgment or decree entered under chapter 232 , 234 , 252A , 252C , 21 252F , 252H , 598 , 600B , or any other comparable chapter, and may 22 include child support, maintenance, medical support as defined 23 in chapter 252E , spousal support, and any other term used to 24 describe these obligations. These obligations may include 25 support for a child of any age who is dependent on the parties 26 to the dissolution proceedings because of physical or mental 27 disability. The obligations may include support for a child 28 eighteen or more years of age with respect to whom a child 29 support order has been issued pursuant to the laws of a another 30 state or foreign jurisdiction country . These obligations shall 31 not include amounts for a postsecondary education subsidy as 32 defined in section 598.1 . 33 Sec. 94. Section 252D.16A, Code 2015, is amended to read as 34 follows: 35 -56- LSB 1335XD (22) 86 pf/nh 56/ 85

S.F. _____ H.F. _____ 252D.16A Income withholding order —— child support recovery 1 unit. 2 If support payments are ordered under this chapter , chapter 3 232 , 234 , 252A , 252C , 252E , 252F , 252H , 598 , 600B , or any 4 other applicable chapter, or under a comparable statute of a 5 another state or foreign jurisdiction country , and if income 6 withholding relative to such support payments is allowed under 7 this chapter , the child support recovery unit may enter an 8 ex parte order notifying the person whose income is to be 9 withheld of the procedure to file a motion to quash the order 10 for income withholding, and ordering the withholding of sums to 11 be deducted from the delinquent person’s income as defined in 12 section 252D.16 sufficient to pay the support obligation and 13 requiring the payment of such sums to the collection services 14 center or, as appropriate, a comparable government entity in 15 another state as provided in chapter 252K . The child support 16 recovery unit shall include the amount of any delinquency and 17 the amount to be withheld in the notice provided to the obligor 18 pursuant to section 252D.17A . Notice of income withholding 19 shall be provided to the obligor and to the payor of income 20 pursuant to sections 252D.17 and 252D.17A . 21 Sec. 95. Section 252D.17, subsection 1, paragraphs e, f, and 22 h, Code 2015, are amended to read as follows: 23 e. The payor shall send the amounts withheld to the 24 collection services center or the clerk of the district court 25 pursuant to section 252B.14 or, as appropriate, a comparable 26 government entity in another state as provided in chapter 252K, 27 within seven business days of the date the obligor is paid. 28 “Business day” means a day on which state offices are open for 29 regular business. 30 f. The payor may combine amounts withheld from the obligors’ 31 income in a single payment to the clerk of the district court 32 or to the collection services center or a comparable government 33 entity in another state as provided in chapter 252K , as 34 appropriate. Whether combined or separate, payments shall be 35 -57- LSB 1335XD (22) 86 pf/nh 57/ 85

S.F. _____ H.F. _____ identified by the name of the obligor, account number, amount, 1 and the date withheld. If payments for multiple obligors are 2 combined, the portion of the payment attributable to each 3 obligor shall be specifically identified. 4 h. If the payor, with actual knowledge and intent to avoid 5 legal obligation, fails to withhold income or to pay the 6 amounts withheld to the collection services center or the clerk 7 of court or, as appropriate, a comparable government entity 8 in another state as provided in chapter 252K in accordance 9 with the provisions of the order, the notice of the order, or 10 the notification of payors of income provisions established 11 in section 252B.13A , the payor commits a simple misdemeanor 12 for a first offense and is liable for the accumulated amount 13 which should have been withheld, together with costs, interest, 14 and reasonable attorney fees related to the collection of 15 the amounts due from the payor. For each subsequent offense 16 prescribed under this paragraph, the payor commits a serious 17 misdemeanor and is liable for the accumulated amount which 18 should have been withheld, together with costs, interest, and 19 reasonable attorney fees related to the collection of the 20 amounts due from the payor. 21 Sec. 96. Section 252D.18, subsection 3, Code 2015, is 22 amended to read as follows: 23 3. The court or the child support recovery unit may, 24 by ex parte order, terminate an income withholding order 25 when the current support obligation has terminated and when 26 the delinquent support obligation has been fully satisfied 27 as applicable to all of the children covered by the income 28 withholding order. The unit may, by ex parte order, terminate 29 an income withholding order when the unit will no longer be 30 providing services under chapter 252B , or when a another state 31 or foreign jurisdiction country will be providing services 32 under Tit. IV-D of the federal Social Security Act or a 33 comparable law in a foreign country . 34 Sec. 97. Section 252D.20, Code 2015, is amended to read as 35 -58- LSB 1335XD (22) 86 pf/nh 58/ 85

S.F. _____ H.F. _____ follows: 1 252D.20 Administration of income withholding procedures. 2 The child support recovery unit is designated as the entity 3 of the state to administer income withholding in accordance 4 with the procedures specified for keeping adequate records to 5 document, track, and monitor support payments on cases subject 6 to Tit. IV-D of the federal Social Security Act. Until October 7 1, 1999, the clerks of the district court are designated as 8 the entities for administering income withholding on cases 9 which are not subject to Tit. IV-D. Beginning October 1, 10 1999, the The collection services center is designated as 11 the entity for administering income withholding for cases 12 which are not subject to Tit. IV-D. The collection services 13 center’s responsibilities for administering income withholding 14 in cases not subject to Tit. IV-D are limited to the receipt, 15 recording, and disbursement of income withholding payments 16 and to responding to requests for information on the current 17 status of support payments pursuant to section 252B.13A . 18 Notwithstanding section 622.53 , in cases where the court or the 19 child support recovery unit is enforcing a an order of another 20 state or foreign judgment country through income withholding, a 21 certified copy of the underlying judgment is sufficient proof 22 of authenticity. 23 Sec. 98. Section 252D.24, Code 2015, is amended to read as 24 follows: 25 252D.24 Applicability to support orders of foreign other 26 jurisdictions. 27 1. An income withholding order may be entered to enforce 28 a support order of a another state or foreign jurisdiction 29 country . The foreign That support order may be entered and 30 filed with the clerk of the district court at the time the 31 income withholding order is entered. Entry of the foreign 32 support order of another state or foreign country under this 33 subsection does not constitute registration of the order. 34 2. Income withholding for a support order issued by a 35 -59- LSB 1335XD (22) 86 pf/nh 59/ 85

S.F. _____ H.F. _____ another state or foreign jurisdiction country is governed by 1 chapter 252K , article 5 or 6 , and this chapter , as appropriate. 2 Sec. 99. Section 252D.31, subsection 3, Code 2015, is 3 amended to read as follows: 4 3. The payor shall withhold and transmit the amount 5 specified in the order or notice of the order of income 6 withholding to the clerk of the district court or the 7 collection services center or a comparable government entity 8 in another state as provided in chapter 252K , as appropriate, 9 until the notice that a motion to quash has been granted is 10 received. 11 Sec. 100. Section 252E.1, subsections 3 and 13, Code 2015, 12 are amended to read as follows: 13 3. “Child” means a person for whom child or medical support 14 may be ordered pursuant to chapter 234 , 239B , 252A , 252C , 252F , 15 252H , 252K , 598 , 600B , or any other chapter of the Code or 16 pursuant to a comparable statute of a another state or foreign 17 jurisdiction country . 18 13. “Order” means a support order entered pursuant to 19 chapter 234 , 252A , 252C , 252F , 252H , 252K , 598 , 600B , or any 20 other support chapter, or pursuant to a comparable statute of a 21 another state or foreign jurisdiction country , or an ex parte 22 order entered pursuant to section 252E.4 . “Order” also includes 23 a notice of such an order issued by the department. 24 Sec. 101. Section 252E.2, subsection 4, Code 2015, is 25 amended to read as follows: 26 4. A medical support order of a another state or foreign 27 jurisdiction country may be entered or filed with the clerk of 28 the district court. However, entry of such a medical support 29 order under this subsection does not constitute registration 30 of that medical support order. 31 Sec. 102. Section 252F.3, subsection 3, paragraph a, 32 subparagraph (3), Code 2015, is amended to read as follows: 33 (3) If the action is the result of a request from a another 34 state or foreign jurisdiction country to establish paternity of 35 -60- LSB 1335XD (22) 86 pf/nh 60/ 85

S.F. _____ H.F. _____ a putative father located in Iowa, in the county in which the 1 putative father resides. 2 Sec. 103. Section 252F.3, subsection 6, paragraph f, Code 3 2015, is amended to read as follows: 4 f. An original copy of the test results shall be filed 5 with the clerk of the district court in the county where the 6 notice was filed. The child support recovery unit shall issue 7 a copy of the filed test results to each party in person, 8 or by regular mail to the last known address of each, or if 9 applicable, to the last known address of the attorney for 10 each. However, if the action is the result of a request from a 11 another state or foreign jurisdiction country , the unit shall 12 issue a copy of the results to the initiating agency in that 13 foreign jurisdiction. 14 Sec. 104. Section 252H.2, subsection 2, paragraphs g, l, and 15 m, Code 2015, are amended to read as follows: 16 g. “Determination of controlling order” means the process 17 of identifying a child support order which must be recognized 18 pursuant to section 252K.207 and 28 U.S.C. §1738B, when 19 more than one state has issued a support order for the same 20 child and the same obligor, and may include a reconciliation 21 of arrearages with information related to the calculation. 22 Registration of a foreign an order of another state or foreign 23 country is not necessary for a court or the unit to make a 24 determination of controlling order. 25 l. “State” means “state” as defined in section 252K.101 26 chapter 252K . 27 m. “Support order” means an order for support issued 28 pursuant to chapter 232 , 234 , 252A , 252C , 252E , 252F , 252H , 29 598 , 600B , or any other applicable chapter, or under a 30 comparable statute of a another state or foreign jurisdiction 31 country as registered with the clerk of court or certified to 32 the child support recovery unit. 33 Sec. 105. Section 252H.8, subsection 5, paragraph h, Code 34 2015, is amended to read as follows: 35 -61- LSB 1335XD (22) 86 pf/nh 61/ 85

S.F. _____ H.F. _____ h. A certified copy of each order, issued by another state 1 or foreign country , considered in determining the controlling 2 order. 3 Sec. 106. Section 252H.14, subsection 2, Code 2015, is 4 amended to read as follows: 5 2. The unit may periodically initiate a request to a child 6 support agency of another state or to a foreign country to 7 conduct a review of a support order entered in that state when 8 the right to any ongoing child or medical support obligation 9 due under the order is currently assigned to the state of 10 Iowa or if the order does not include provisions for medical 11 support. 12 Sec. 107. Section 252I.2, subsection 2, Code 2015, is 13 amended to read as follows: 14 2. An obligor is subject to the provisions of this chapter 15 if the obligor’s support obligation is being enforced by the 16 child support recovery unit, and if the support payments 17 ordered under chapter 232 , 234 , 252A , 252C , 252D , 252E , 18 252F , 598 , 600B , or any other applicable chapter, or under a 19 comparable statute of a another state or foreign jurisdiction 20 country , as certified to the child support recovery unit, are 21 not paid to the clerk of the district court or the collection 22 services center pursuant to section 598.22 and become 23 delinquent in an amount equal to the support payment for one 24 month. 25 Sec. 108. Section 252J.1, subsection 9, Code 2015, is 26 amended to read as follows: 27 9. “Support order” means an order for support issued 28 pursuant to chapter 232 , 234 , 252A , 252C , 252D , 252E , 252F , 29 252H , 598 , 600B , or any other applicable chapter, or under a 30 comparable statute of a another state or foreign jurisdiction 31 country as registered with the clerk of the district court or 32 certified to the child support recovery unit. 33 Sec. 109. Section 252J.6, subsection 2, paragraph d, 34 subparagraph (1), subparagraph division (b), Code 2015, is 35 -62- LSB 1335XD (22) 86 pf/nh 62/ 85

S.F. _____ H.F. _____ amended to read as follows: 1 (b) If the action is a result of section 252J.2, subsection 2 2 , paragraph “b” , and the individual is not an obligor, in the 3 county in which the dependent child or children reside if the 4 child or children reside in Iowa; in the county in which the 5 dependent child or children last received public assistance if 6 the child or children received public assistance in Iowa; or in 7 the county in which the individual resides if the action is the 8 result of a request from a child support agency in a another 9 state or foreign jurisdiction country . 10 Sec. 110. Section 252J.9, subsection 1, paragraph b, Code 11 2015, is amended to read as follows: 12 b. If the action is a result of section 252J.2, subsection 13 2 , paragraph “b” , and the individual is not an obligor, in a 14 county in which the dependent child or children reside if the 15 child or children reside in Iowa; in the county in which the 16 dependent child or children last received public assistance if 17 the child or children received public assistance in Iowa; or in 18 the county in which the individual resides if the action is the 19 result of a request from a child support agency in a another 20 state or foreign jurisdiction country . 21 Sec. 111. Section 598.2A, Code 2015, is amended to read as 22 follows: 23 598.2A Choice of law. 24 In a proceeding to establish, modify, or enforce a child 25 support order the forum state’s law shall apply except as 26 follows: 27 1. In interpreting a child support order, a court shall 28 apply the law of the state of the court or administrative 29 agency that issued the order. 30 2. In an action to enforce a child support order, a court 31 shall apply the statute of limitations of the forum state or 32 the state of the court or administrative agency that issued 33 the order, whichever statute provides the longer period of 34 limitations provided in section 252K.604 . 35 -63- LSB 1335XD (22) 86 pf/nh 63/ 85

S.F. _____ H.F. _____ Sec. 112. Section 598.21E, subsection 1, paragraph b, Code 1 2015, is amended to read as follows: 2 b. If a determination of paternity is based on an 3 administrative or court order or other means pursuant to the 4 laws of a another state or foreign jurisdiction country as 5 defined in chapter 252K , any action to overcome the prior 6 determination of paternity shall be filed in that jurisdiction. 7 Unless a stay of the action initiated in this state to 8 establish child or medical support is requested and granted 9 by the court, pending a resolution of the contested paternity 10 issue by the other state or foreign jurisdiction country as 11 defined in chapter 252K , the action shall proceed. 12 Sec. 113. Section 598.22, Code 2015, is amended to read as 13 follows: 14 598.22 Support payments —— clerk of court —— collection 15 services center or comparable government entity in another state 16 —— defaults —— security. 17 1. Except as otherwise provided in section 598.22A , 18 this section applies to all initial or modified orders for 19 support entered under this chapter , chapter 234 , 252A , 252C , 20 252F , 600B , or any other chapter of the Code. All orders 21 or judgments entered under chapter 234 , 252A , 252C , 252F , or 22 600B , or under this chapter or any other chapter which provide 23 for temporary or permanent support payments shall direct the 24 payment of those sums to the clerk of the district court or the 25 collection services center in accordance with section 252B.14 , 26 or as appropriate, a comparable government entity in another 27 state as provided in chapter 252K for the use of the person 28 for whom the payments have been awarded. Beginning October 1, 29 1999, all All income withholding payments shall be directed to 30 the collection services center , or as appropriate, a comparable 31 government entity in another state as provided in chapter 32 252K . Payments to persons other than the clerk of the district 33 court , and the collection services center , or as appropriate, a 34 comparable government entity in another state as provided in 35 -64- LSB 1335XD (22) 86 pf/nh 64/ 85

S.F. _____ H.F. _____ chapter 252K do not satisfy the support obligations created 1 by the orders or judgments, except as provided for trusts 2 governed by the federal Retirement Equity Act of 1984, Pub. L. 3 No. 98-397, for tax refunds or rebates in section 602.8102, 4 subsection 47 , or for dependent benefits paid to the child 5 support obligee as the result of disability benefits awarded 6 to the child support obligor under the federal Social Security 7 Act. For trusts governed by the federal Retirement Equity Act 8 of 1984, Pub. L. No. 98-397, the order for income withholding 9 or notice of the order for income withholding shall require 10 the payment of such sums to the alternate payee in accordance 11 with the federal Act. For dependent benefits paid to the child 12 support obligee as a result of disability benefits awarded to 13 the child support obligor under the federal Social Security 14 Act, the provisions of section 598.22C shall apply. 15 2. An income withholding order or notice of the order 16 for income withholding shall be entered under the terms and 17 conditions of chapter 252D . However, for trusts governed by 18 the federal Retirement Equity Act of 1984, Pub. L. No. 98-397, 19 the payor shall transmit the payments to the alternate payee in 20 accordance with the federal Act. 21 3. An order or judgment entered by the court for temporary 22 or permanent support or for income withholding shall be filed 23 with the clerk. The orders have the same force and effect 24 as judgments when entered in the judgment docket and lien 25 index and are records open to the public. Unless otherwise 26 provided by federal law, if it is possible to identify the 27 support order to which a payment is to be applied, and if 28 sufficient information identifying the obligee is provided, 29 the clerk or the collection services center, as appropriate, 30 shall disburse the payments received pursuant to the orders 31 or judgments within two working days of the receipt of 32 the payments. All moneys received or disbursed under this 33 section shall be entered in records kept by the clerk, or the 34 collection services center, as appropriate, and the records 35 -65- LSB 1335XD (22) 86 pf/nh 65/ 85

S.F. _____ H.F. _____ kept by the clerk shall be available to the public. The clerk 1 or the collection services center shall not enter any moneys 2 paid in the record book if not paid directly to the clerk or 3 the center, as appropriate, except as provided for trusts and 4 federal social security disability payments in this section , 5 and for tax refunds or rebates in section 602.8102, subsection 6 47 , or as appropriate, a comparable government entity in 7 another state as provided in chapter 252K . 8 4. If the sums ordered to be paid in a support payment order 9 are not paid to the clerk or the collection services center, or 10 a comparable government entity in another state as provided in 11 chapter 252K, as appropriate, at the time provided in the order 12 or judgment, the clerk or the collection services center, as 13 appropriate, shall certify a default to the court which may, on 14 its own motion, proceed as provided in section 598.23 . 15 5. Prompt payment of sums required to be paid under sections 16 598.10 , 598.21A , 598.21B , 598.21C , 598.21E , and 598.21F is 17 the essence of such orders or judgments and the court may act 18 pursuant to section 598.23 regardless of whether the amounts in 19 default are paid prior to the contempt hearing. 20 6. Upon entry of an order for support or upon the failure of 21 a person to make payments pursuant to an order for support, the 22 court may require the person to provide security, a bond, or 23 other guarantee which the court determines is satisfactory to 24 secure the payment of the support. Upon the person’s failure 25 to pay the support under the order, the court may declare the 26 security, bond, or other guarantee forfeited. 27 7. For the purpose of enforcement, medical support is 28 additional support which, upon being reduced to a dollar 29 amount, may be collected through the same remedies available 30 for the collection and enforcement of child support. 31 8. The clerk of the district court in the county in which 32 the order for support is filed and to whom support payments are 33 made pursuant to the order may require the person obligated to 34 pay support to submit payments by bank draft or money order if 35 -66- LSB 1335XD (22) 86 pf/nh 66/ 85

S.F. _____ H.F. _____ the obligor submits an insufficient funds support payment to 1 the clerk of the district court. 2 Sec. 114. Section 598.22B, subsection 1, Code 2015, is 3 amended to read as follows: 4 1. All such orders or judgments shall direct each party 5 to file with the clerk of court or the child support recovery 6 unit, as appropriate, upon entry of the order, and to update as 7 appropriate, information on location and identity of the party, 8 including social security number, residential and mailing 9 addresses, electronic mail address, telephone number, driver’s 10 license number, and name, address, and telephone number of the 11 party’s employer. The order shall also include a provision 12 that the information filed will be disclosed and used pursuant 13 to this section . The party shall file the information with the 14 clerk of court, or, if all support payments are to be directed 15 to the collection services center as provided in section 16 252B.14, subsection 2 , and section 252B.16 , with the child 17 support recovery unit. 18 Sec. 115. Section 598.23A, subsection 1, Code 2015, is 19 amended to read as follows: 20 1. If a person against whom an order or decree for support 21 has been entered pursuant to this chapter or chapter 234 , 22 252A , 252C , 252F , 600B , or any other support chapter, or a 23 comparable chapter of a another state or foreign jurisdiction 24 country as defined in chapter 252K , fails to make payments 25 or provide medical support pursuant to that order or decree, 26 the person may be cited and punished by the court for contempt 27 under section 598.23 or this section . Failure to comply with a 28 seek employment order entered pursuant to section 252B.21 is 29 evidence of willful failure to pay support. 30 Sec. 116. Section 600B.41A, subsection 2, paragraph a, Code 31 2015, is amended to read as follows: 32 a. A paternity determination made in or by a another state 33 or foreign jurisdiction country as defined in chapter 252K or a 34 paternity determination which has been made in or by a foreign 35 -67- LSB 1335XD (22) 86 pf/nh 67/ 85

S.F. _____ H.F. _____ that jurisdiction and registered in this state in accordance 1 with section 252A.18 or chapter 252K . 2 Sec. 117. Section 602.8102, subsection 47, Code 2015, is 3 amended to read as follows: 4 47. Record support payments made pursuant to an order 5 entered under chapter 252A , 252F , 598 , or 600B , or under a 6 comparable statute of a another state or foreign jurisdiction 7 country as defined in chapter 252K, and through setoff of 8 a state or federal income tax refund or rebate, as if the 9 payments were received and disbursed by the clerk; forward 10 support payments received under section 252A.6 to the 11 department of human services and furnish copies of orders 12 and decrees awarding support to parties receiving welfare 13 assistance as provided in section 252A.13 . 14 Sec. 118. REPEAL. Section 252A.17, Code 2015, is repealed. 15 DIVISION III 16 SUSPENSION OF SUPPORT 17 Sec. 119. Section 252B.20, Code 2015, is amended to read as 18 follows: 19 252B.20 Suspension of support —— request by mutual consent . 20 1. If the unit is providing child support enforcement 21 services pursuant to this chapter , the parents of a dependent 22 child for whom support has been ordered pursuant to chapter 23 252A , 252C , 252F , 598 , 600B , or any other chapter, may jointly 24 request the assistance of the unit in suspending the obligation 25 for support if all of the following conditions exist: 26 a. The parents have reconciled and are cohabiting, and 27 the child for whom support is ordered is living in the same 28 residence as the parents, or the child is currently residing 29 with the parent who is ordered to pay support. If the basis for 30 suspension under this paragraph applies to at least one but not 31 all of the children for whom support is ordered, the condition 32 of this paragraph is met only if the support order includes a 33 step change. 34 b. The child for whom support is ordered is not receiving 35 -68- LSB 1335XD (22) 86 pf/nh 68/ 85

S.F. _____ H.F. _____ public assistance pursuant to chapter 239B , 249A , or a 1 comparable law of a another state or foreign jurisdiction 2 country , unless the person against whom support is ordered is 3 considered to be a member of the same household as the child 4 for the purposes of public assistance eligibility. 5 c. The parents have signed a notarized affidavit attesting 6 to the conditions under paragraphs “a” and “b” , have consented 7 to suspension of the support order or obligation, and have 8 submitted the affidavit to the unit. 9 d. No prior request for suspension has been filed with the 10 unit under this section and no prior request for suspension 11 has been served by the unit under section 252B.20A during the 12 two-year period preceding the request , unless the request was 13 filed during the two-year period preceding July 1, 2005, the 14 unit denied the request because the suspension did not apply 15 to all children for whom support is ordered, and the parents 16 jointly file a request on or after July 1, 2005 . 17 e. Any other criteria established by rule of the department. 18 2. Upon receipt of the application for suspension and 19 properly executed and notarized affidavit, the unit shall 20 review the application and affidavit to determine that the 21 necessary criteria have been met. The unit shall then do one 22 of the following: 23 a. Deny the request and notify the parents in writing 24 that the application is being denied, providing reasons for 25 the denial and notifying the parents of the right to proceed 26 through private counsel. Denial of the application is not 27 subject to contested case proceedings or further review 28 pursuant to chapter 17A . 29 b. Approve the request and prepare an order which shall be 30 submitted, along with the affidavit, to a judge of a district 31 court for approval, suspending the accruing support obligation 32 and, if requested by the obligee, and if not prohibited by 33 chapter 252K , satisfying the obligation of support due the 34 obligee. If the basis for suspension applies to at least one 35 -69- LSB 1335XD (22) 86 pf/nh 69/ 85

S.F. _____ H.F. _____ but not all of the children for whom support is ordered and the 1 support order includes a step change, the unit shall prepare an 2 order suspending the accruing support obligation for each child 3 to whom the basis for suspension applies. 4 3. An order approved by the court for suspension of an 5 accruing support obligation is effective upon the date of 6 filing of the suspension order. The satisfaction of an 7 obligation of support due the obligee shall be final upon the 8 filing of the suspension order. A support obligation which is 9 satisfied is not subject to the reinstatement provisions of 10 this section . 11 4. An order suspending an accruing support obligation 12 entered by the court pursuant to this section shall be 13 considered a temporary order for the period of six months from 14 the date of filing of the suspension order. However, the 15 six-month period shall not include any time during which an 16 application for reinstatement is pending before the court. 17 5. During the six-month period the unit may request that the 18 court reinstate the accruing support order or obligation if any 19 of the following conditions exist: 20 a. Upon application to the unit by either parent or other 21 person who has physical custody of the child. 22 b. Upon the receipt of public assistance benefits, pursuant 23 to chapter 239B , 249A , or a comparable law of a another state 24 or foreign jurisdiction country , by the person entitled to 25 receive support and the child on whose behalf support is paid, 26 provided that the person owing the support is not considered to 27 be a member of the same household as the child for the purposes 28 of public assistance eligibility. 29 6. If a condition under subsection 5 exists, the unit may 30 request that the court reinstate an accruing support obligation 31 as follows: 32 a. If the basis for the suspension no longer applies to any 33 of the children for whom an accruing support obligation was 34 suspended, the unit shall request that the court reinstate the 35 -70- LSB 1335XD (22) 86 pf/nh 70/ 85

S.F. _____ H.F. _____ accruing support obligations for all of the children. 1 b. If the basis for the suspension continues to apply to 2 at least one but not all of the children for whom an accruing 3 support obligation was suspended and if the support order 4 includes a step change, the unit shall request that the court 5 reinstate the accruing support obligation for each child for 6 whom the basis for the suspension no longer applies. 7 7. Upon filing of an application for reinstatement, service 8 of the application shall be made either in person or by first 9 class mail upon both parents. Within ten days following the 10 date of service, the parents may file a written objection with 11 the clerk of the district court to the entry of an order for 12 reinstatement. 13 a. If no objection is filed, the court may enter an order 14 reinstating the accruing support obligation without additional 15 notice. 16 b. If an objection is filed, the clerk of court shall set 17 the matter for hearing and send notice of the hearing to both 18 parents and the unit. 19 8. The reinstatement is effective as follows: 20 a. For reinstatements initiated under subsection 5 , 21 paragraph “a” , the date the notices were served on both parents 22 pursuant to subsection 7 . 23 b. For reinstatements initiated under subsection 5 , 24 paragraph “b” , the date the child began receiving public 25 assistance benefits during the suspension of the obligation. 26 c. Support which became due during the period of suspension 27 but prior to the reinstatement is waived and not due and owing 28 unless the parties requested and agreed to the suspension under 29 false pretenses. 30 9. If the order suspending a support obligation has been 31 on file with the court for a period exceeding six months as 32 computed pursuant to subsection 4 , the order becomes final by 33 operation of law and terminates the support obligation, and 34 thereafter, a party seeking to establish a support obligation 35 -71- LSB 1335XD (22) 86 pf/nh 71/ 85

S.F. _____ H.F. _____ against either party shall bring a new action for support as 1 provided by law. 2 10. This section shall not limit the rights of the parents 3 or the unit to proceed by other means to suspend, terminate, 4 modify, reinstate, or establish support. 5 11. This section does not provide for the suspension or 6 retroactive modification of support obligations which accrued 7 prior to the entry of an order suspending enforcement and 8 collection of support pursuant to this section . However, if in 9 the application for suspension, an obligee elects to satisfy an 10 obligation of accrued support due the obligee, the suspension 11 order may satisfy the obligation of accrued support due the 12 obligee. 13 12. Nothing in this section shall prohibit or limit the 14 unit or a party entitled to receive support from enforcing and 15 collecting any unpaid or unsatisfied support that accrued prior 16 to the suspension of the accruing obligation. 17 13. For the purposes of chapter 252H, subchapter II, 18 regarding the criteria for a review or for a cost-of-living 19 alteration under chapter 252H, subchapter IV , if a support 20 obligation is terminated or reinstated under this section , 21 such termination or reinstatement shall not be considered a 22 modification of the support order. 23 14. As used in this section , unless the context otherwise 24 requires, “step change” means a change designated in a support 25 order specifying the amount of the child support obligation 26 as the number of children entitled to support under the order 27 changes. 28 15. As specified in this section, if the child for whom 29 support is ordered is not receiving public assistance pursuant 30 to chapter 239B, 249A, or a comparable law of another state 31 or foreign country, upon agreement of the parents, the unit 32 may facilitate the suspension of the child support order or 33 obligation if the child is residing with a caretaker, who 34 is a natural person, and who has not requested the unit to 35 -72- LSB 1335XD (22) 86 pf/nh 72/ 85

S.F. _____ H.F. _____ provide services under this chapter. The parents and the 1 caretaker shall sign a notarized affidavit attesting to the 2 conditions under this section, consent to the suspension of the 3 support order or obligation, and submit the affidavit to the 4 unit. Upon the receipt of public assistance benefits pursuant 5 to chapter 239B, 249A, or a comparable law of another state 6 or foreign country, by the child on whose behalf support is 7 ordered, or upon application to the unit by either parent or 8 the caretaker, the unit may, within the time periods specified 9 in this section, request the reinstatement of the accruing 10 support order or obligation pursuant to this section. 11 16. The department may adopt all necessary and proper rules 12 to administer and interpret this section. 13 Sec. 120. NEW SECTION . 252B.20A Suspension of support —— 14 request by one party. 15 1. If the unit is providing child support enforcement 16 services pursuant to this chapter, the obligor who is ordered 17 to pay support for the dependent child pursuant to chapter 18 252A, 252C, or 252F, may request the assistance of the unit in 19 suspending the obligation for support if all of the following 20 conditions exist: 21 a. The child is currently residing with the obligor and has 22 been for more than sixty consecutive days. If the basis for 23 suspension under this paragraph applies to at least one but not 24 all of the children for whom support is ordered, the condition 25 of this paragraph is met only if the support order includes a 26 step change. 27 b. There is no order in effect regarding legal custody, 28 physical care, visitation, or other parenting time for the 29 child. 30 c. It is reasonably expected that the basis for suspension 31 under this section will continue for not less than six months. 32 d. The child for whom support is ordered is not receiving 33 public assistance pursuant to chapter 239B, 249A, or a 34 comparable law of another state or foreign country, unless the 35 -73- LSB 1335XD (22) 86 pf/nh 73/ 85

S.F. _____ H.F. _____ obligor is considered to be a member of the same household as 1 the child for the purposes of public assistance eligibility. 2 e. The obligor has signed a notarized affidavit, provided by 3 the unit, attesting to the existence of the conditions under 4 paragraphs “a” through “d” , has requested suspension of the 5 support order or obligation, and has submitted the affidavit 6 to the unit. 7 f. No prior request for suspension has been served under 8 this section, and no prior request for suspension has been 9 filed with the unit pursuant to section 252B.20, during the 10 two-year period preceding the request. 11 g. Any other criteria established by rule of the department. 12 2. Upon receipt of the application for suspension and 13 properly executed and notarized affidavit, the unit shall 14 review the application and affidavit to determine that the 15 criteria have been met. The unit shall then do one of the 16 following: 17 a. Deny the request and notify the obligor in writing 18 that the application is being denied, providing reasons for 19 the denial and notifying the obligor of the right to proceed 20 through private counsel. Denial of the application is not 21 subject to contested case proceedings or further review 22 pursuant to chapter 17A. 23 b. Serve a copy of the notice and supporting documents on 24 the obligee by any means provided in section 252B.26. The 25 notice to the obligee shall include all of the following: 26 (1) Information sufficient to identify the parties and the 27 support order affected. 28 (2) An explanation of the procedure for suspension and 29 reinstatement of support under this section. 30 (3) An explanation of the rights and responsibilities of the 31 obligee, including the applicable procedural time frames. 32 (4) A statement that within twenty days of service, the 33 obligee must submit a signed and notarized response to the unit 34 objecting to at least one of the assertions in subsection 1, 35 -74- LSB 1335XD (22) 86 pf/nh 74/ 85

S.F. _____ H.F. _____ paragraphs “a” through “d” . The statement shall inform the 1 obligee that if, within twenty days of service, the obligee 2 fails to submit a response as specified in this subparagraph, 3 notwithstanding rules of civil procedure 1.972(2) and 1.972(3), 4 the unit will prepare and submit an order as provided in 5 subsection 3, paragraph “b” . 6 3. No sooner than thirty days after service on the obligee 7 under subsection 2, paragraph “b” , the unit shall do one of the 8 following: 9 a. If the obligee submits a signed and notarized objection 10 to any assertion in subsection 1, paragraphs “a” through “d” , 11 deny the request and notify the parties in writing that the 12 application is denied, providing reasons for the denial, and 13 notifying the parties of the right to proceed through private 14 counsel. Denial of the application is not subject to contested 15 case proceedings or further review pursuant to chapter 17A. 16 b. If the obligee does not timely submit a signed and 17 notarized objection to the unit, prepare an order which shall 18 be submitted, along with supporting documents, to a judge of a 19 district court for approval, suspending the accruing support 20 obligation. If the basis for suspension applies to at least 21 one but not all of the children for whom support is ordered 22 and the support order includes a step change, the unit shall 23 prepare an order suspending the accruing support obligation for 24 each child to whom the basis for suspension applies. 25 4. An order approved by the court for suspension of an 26 accruing support obligation is effective upon the date of 27 filing of the suspension order. 28 5. An order suspending an accruing support obligation 29 entered by the court pursuant to this section shall be 30 considered a temporary order for the period of six months from 31 the date of filing of the suspension order. However, the 32 six-month period shall not include any time during which an 33 application for reinstatement is pending before the court. 34 6. During the six-month period, the unit may request that 35 -75- LSB 1335XD (22) 86 pf/nh 75/ 85

S.F. _____ H.F. _____ the court reinstate the accruing support order or obligation if 1 any of the following conditions exist: 2 a. Upon application to the unit by either party or other 3 person who has physical custody of the child. 4 b. Upon the receipt of public assistance benefits pursuant 5 to chapter 239B, 249A, or a comparable law of another state 6 or foreign country, by the person entitled to receive support 7 and the child on whose behalf support is paid, provided that 8 the person owing the support is not considered to be a member 9 of the same household as the child for the purposes of public 10 assistance eligibility. 11 7. If a condition under subsection 6 exists, the unit may 12 request that the court reinstate an accruing support obligation 13 as follows: 14 a. If the basis for the suspension no longer applies to any 15 of the children for whom an accruing support obligation was 16 suspended, the unit shall request that the court reinstate the 17 accruing support obligations for all of the children. 18 b. If the basis for the suspension continues to apply to 19 at least one but not all of the children for whom an accruing 20 support obligation was suspended and if the support order 21 includes a step change, the unit shall request that the court 22 reinstate the accruing support obligation for each child for 23 whom the basis for the suspension no longer applies. 24 8. Upon filing of an application for reinstatement, service 25 of the application shall be made either in person or by first 26 class mail upon the parties. Within ten days following the 27 date of service, a party may file a written objection with 28 the clerk of the district court to the entry of an order for 29 reinstatement. 30 a. If no objection is filed, the court may enter an order 31 reinstating the accruing support obligation without additional 32 notice. 33 b. If an objection is filed, the clerk of court shall set 34 the matter for hearing and send notice of the hearing to the 35 -76- LSB 1335XD (22) 86 pf/nh 76/ 85

S.F. _____ H.F. _____ parties and the unit. 1 9. a. The reinstatement is effective as follows: 2 (1) For reinstatements initiated under subsection 6, 3 paragraph “a” , the date the notices were served on the parties 4 pursuant to subsection 8. 5 (2) For reinstatements initiated under subsection 6, 6 paragraph “b” , the date the child began receiving public 7 assistance benefits during the suspension of the obligation. 8 b. Support which became due during the period of suspension 9 but prior to the reinstatement is waived and not due and owing 10 unless the suspension was made under false pretenses. 11 10. If the order suspending a support obligation has been 12 on file with the court for a period exceeding six months as 13 computed pursuant to subsection 5, the order becomes final by 14 operation of law and terminates the support obligation, and 15 thereafter, a party seeking to establish a support obligation 16 against either party shall bring a new action for support as 17 provided by law. 18 11. Legal representation of the unit shall be provided 19 pursuant to section 252B.7, subsection 4. 20 12. This section shall not limit the rights of a party 21 or the unit to proceed by other means to suspend, terminate, 22 modify, reinstate, or establish support. 23 13. This section does not provide for the suspension or 24 retroactive modification of support obligations which accrued 25 prior to the entry of an order suspending enforcement and 26 collection of support pursuant to this section. 27 14. Nothing in this section shall prohibit or limit the 28 unit or a party entitled to receive support from enforcing and 29 collecting any unpaid or unsatisfied support that accrued prior 30 to the suspension of the accruing obligation. 31 15. For the purposes of chapter 252H regarding the criteria 32 for a review under subchapter II of that chapter or for a 33 cost-of-living alteration under subchapter IV of that chapter, 34 if a support obligation is terminated or reinstated under 35 -77- LSB 1335XD (22) 86 pf/nh 77/ 85

S.F. _____ H.F. _____ this section, such termination or reinstatement shall not be 1 considered a modification of the support order. 2 16. As used in this section, unless the context otherwise 3 requires, “step change” means a change designated in a support 4 order specifying the amount of the child support obligation 5 as the number of children entitled to support under the order 6 changes. 7 17. As specified in this section, if the child for whom 8 support is ordered is not receiving public assistance pursuant 9 to chapter 239B, 249A, or a comparable law of another state 10 or foreign country, upon request by the obligor, the unit 11 may facilitate the suspension of the child support order or 12 obligation if the child is residing with a caretaker, who 13 is a natural person, and who has not requested the unit to 14 provide services under this chapter. The obligor and the 15 caretaker shall sign a notarized affidavit attesting to the 16 conditions under this section, consent to the suspension of the 17 support order or obligation, and submit the affidavit to the 18 unit. Upon the receipt of public assistance benefits pursuant 19 to chapter 239B, 249A, or a comparable law of another state 20 or foreign country, by the child on whose behalf support is 21 ordered, or upon application to the unit by either party or the 22 caretaker, the unit may, within the time periods specified in 23 this section, request the reinstatement of the accruing support 24 order or obligation pursuant to this section. 25 18. The department may adopt all necessary and proper rules 26 to administer and interpret this section. 27 Sec. 121. Section 252B.26, unnumbered paragraph 1, Code 28 2015, is amended to read as follows: 29 Notwithstanding any provision of law to the contrary, the 30 unit may serve a petition, notice, or rule to show cause under 31 this chapter or chapter 252A , 252C , 252F , 252H , 252K , 598 , or 32 665 as specified in each chapter, or as follows: 33 Sec. 122. ADMINISTRATIVE RULES —— TRANSITION. Until the 34 department of human services adopts rules pursuant to chapter 35 -78- LSB 1335XD (22) 86 pf/nh 78/ 85

S.F. _____ H.F. _____ 17A necessary to administer this division of this Act, all of 1 the following shall apply: 2 1. The child support recovery unit may initiate proceedings 3 to suspend and reinstate support orders in accordance with 4 section 252B.20, as amended in this division of this Act. 5 2. The child support recovery unit may, to the extent 6 appropriate, apply and utilize procedures, rules, and forms 7 substantially similar to those applicable and utilized pursuant 8 to section 252B.20 for proceedings initiated in accordance with 9 section 252B.20A, as enacted in this division of this Act. 10 Sec. 123. EFFECTIVE DATE. This division of this Act takes 11 effect January 1, 2016. 12 DIVISION IV 13 GENETIC TESTING 14 Sec. 124. Section 252F.3, subsection 6, paragraph a, Code 15 2015, is amended to read as follows: 16 a. If a party contests the establishment of paternity, the 17 party shall submit, within twenty days of service of the notice 18 on the party under subsection 1 , a written statement contesting 19 paternity establishment to the unit. Upon receipt of a written 20 challenge of paternity establishment, or upon initiation by the 21 unit, the administrator shall enter ex parte administrative 22 orders requiring the mother, child or children involved, and 23 the putative father to submit to paternity testing , except that 24 if the mother and child or children previously submitted blood 25 or genetic specimens in a prior action to establish paternity 26 against a different putative father, the previously submitted 27 specimens and prior results, if available, may be utilized for 28 testing in this action . Either the mother or putative father 29 may contest paternity under this chapter . 30 Sec. 125. Section 600B.41, subsection 1, Code 2015, is 31 amended to read as follows: 32 1. In a proceeding to establish paternity in law or in 33 equity the court may on its own motion, and upon request of 34 a party shall, require the child, mother, and alleged father 35 -79- LSB 1335XD (22) 86 pf/nh 79/ 85

S.F. _____ H.F. _____ to submit to blood or genetic tests , except that if the mother 1 and child previously submitted blood or genetic specimens in a 2 prior action to establish paternity against a different alleged 3 father, the previously submitted specimens and prior results, 4 if available, may be utilized for testing in this action . 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill relates to family support programs including child 9 support and establishment of paternity. 10 Division I of the bill amends provisions in Code chapter 11 252K, the uniform interstate family support Act (UIFSA). 12 UIFSA provides uniform rules for the enforcement of support 13 orders including by setting basic jurisdictional standards for 14 state courts, determining the basis for a state to exercise 15 continuing jurisdiction over a child support proceeding, 16 establishing rules for determining which state issues the 17 controlling order if proceedings are initiated in multiple 18 jurisdictions, and providing rules for modifying or refusing 19 to modify another state’s child support order. While the 20 United States has recognized and enforced orders from other 21 countries, the same reciprocity has not always been available 22 when parties from the United States seek enforcement in 23 foreign countries. The Hague convention on the international 24 recovery of child support and other forms of family maintenance 25 extends jurisdiction and enforcement rules to facilitate the 26 recognition and enforcement of the orders of parties from 27 the United States seeking enforcement in foreign countries. 28 The 2008 amendments to UIFSA are designed to implement these 29 improvements and help ensure that more family support orders 30 issued in the United States are recognized and enforced abroad. 31 In 2007, the United States signed the Hague convention on 32 the international recovery of child support and other forms 33 of family maintenance. In July 2008, the national conference 34 of commissioners on uniform state laws approved amendments to 35 -80- LSB 1335XD (22) 86 pf/nh 80/ 85

S.F. _____ H.F. _____ UIFSA to integrate the appropriate provisions of the Hague 1 convention. The 2008 amendments act as the implementing 2 language for the convention in the states. In 2014, the United 3 States Congress passed federal implementing legislation (the 4 federal Preventing Sex Trafficking and Strengthening Families 5 Act, Pub. L. No. 113-183) for the convention. Under this 6 federal Act, states are required to adopt the amendments to 7 UIFSA in their next legislative sessions, but have a grace 8 period to allow for state law changes. States must enact such 9 a law and make it effective no later than the first day of the 10 first calendar quarter beginning after the close of the first 11 regular session of the state legislature that begins after 12 September 29, 2014 (the enactment date of Pub. L. No. 113-183). 13 In the case of a state that has a two-year legislative session, 14 each year of the session is considered to be a separate regular 15 session of the state legislature. The new law requires that 16 the 2008 UIFSA amendments be enacted in every jurisdiction as 17 a condition for continued receipt of federal funds supporting 18 state child support programs. 19 Division I of the bill provides definitions including those 20 for “convention”, “foreign country”, “foreign tribunal”, and 21 “record”. The bill provides for changes in the existing 22 Articles 1 through 6 of the UIFSA law and provides a new 23 Article 7. The major changes in the law include specifying 24 that a foreign tribunal is an entity of a foreign country, not 25 merely a jurisdiction outside of the state and that a “state” 26 means only a state or territory under the jurisdiction of the 27 United States or an Indian nation or tribe, but no longer 28 includes any foreign jurisdiction that has enacted a law or 29 established the procedures of or comparable to UIFSA; provides 30 specifically when the Code chapter applies to a foreign country 31 or foreign support proceedings; and otherwise makes technical 32 changes and adapts language of the convention to make the 33 language consistent. 34 The new Article 7 provides guidelines and procedures for 35 -81- LSB 1335XD (22) 86 pf/nh 81/ 85

S.F. _____ H.F. _____ the registration, recognition, enforcement, and modification 1 of foreign support orders from countries that are parties 2 to the convention. Article 7 provides that a support order 3 from a country that has agreed to comply with the convention 4 must be registered immediately unless a tribunal in the state 5 where the registration is sought determines that the language 6 of the order is contrary to the public policy of the state. 7 Once registered, the nonregistering party receives notice and 8 is allowed the opportunity to challenge the order on certain 9 grounds. Unless one of the grounds for denying recognition is 10 established, the order is to be enforced. Article 7 requires 11 documents submitted under the convention to be submitted in 12 both the original language of the issuing court and English. 13 Orders from foreign countries that are not signatories to the 14 Hague convention also may be recognized by a state court on the 15 basis of comity. 16 Division II of the bill makes conforming changes throughout 17 the Code based on the changes in Code chapter 252K. 18 Division III of the bill creates a new Code section 252B.20A 19 to provide for the suspension of child support upon the 20 request of an obligor, if certain conditions are met. The bill 21 provides that if the child support recovery unit (CSRU) is 22 providing child support enforcement services, the obligor may 23 request the assistance of CSRU in suspending the obligation for 24 support if the child is currently residing with the obligor and 25 has been residing with the obligor for more than 60 consecutive 26 days; there is no order in effect regarding legal custody, 27 physical care, visitation, or other parenting time for the 28 child; it is reasonably expected that the basis for suspension 29 will continue for not less than six months; the child for whom 30 support is ordered is not receiving public assistance, unless 31 the obligor is considered to be a member of the same household 32 as the child for the purposes of public assistance eligibility; 33 the obligor has signed a notarized affidavit, provided by 34 the CSRU, attesting to the existence of the conditions, has 35 -82- LSB 1335XD (22) 86 pf/nh 82/ 85

S.F. _____ H.F. _____ requested suspension of the support order or obligation, and 1 has submitted the affidavit to the CSRU; no prior request for 2 suspension has been served or filed with the CSRU during the 3 two-year period preceding the request; and any other criteria 4 established by rule of the department are met. 5 Upon receipt of the application for suspension and the 6 properly executed and notarized affidavit, the CSRU may deny 7 the request or serve notice of the suspension on the obligee. 8 An order approved by the court for suspension of an accruing 9 support obligation is effective upon the date of filing of the 10 suspension order and is considered a temporary order for the 11 period of six months from the date of filing of the suspension 12 order. During the six-month period, the CSRU may request 13 reinstatement of the accruing support order or obligation upon 14 application to the CSRU by either party or other person who has 15 physical custody of the child or upon the receipt of public 16 assistance benefits by the person entitled to receive support 17 and the child on whose behalf support is paid, provided that 18 the person owing the support is not considered to be a member 19 of the same household as the child for the purposes of public 20 assistance eligibility. 21 The bill provides the process for reinstatement of an 22 accruing support obligation and provides that if an order 23 suspending support has been on file with the court for a period 24 exceeding six months, the order becomes final by operation of 25 law and terminates the support obligation. 26 The bill also provides that if the child for whom support 27 is ordered is not receiving public assistance, upon request 28 by the obligor the CSRU may facilitate the suspension of the 29 child support order or obligation if the child is residing with 30 a caretaker who has not requested that CSRU provide services. 31 The obligor and the caretaker must sign a notarized affidavit 32 attesting to the conditions, consent to the suspension of the 33 support order or obligation, and submit the affidavit to the 34 CSRU. Upon the receipt of public assistance benefits by the 35 -83- LSB 1335XD (22) 86 pf/nh 83/ 85

S.F. _____ H.F. _____ child on whose behalf support is ordered, or upon application 1 to the CSRU by either party or the caretaker, the CSRU may 2 request the reinstatement of the accruing support order or 3 obligation. 4 The bill also makes conforming changes to the existing 5 suspension provision (Code section 252B.20) that may be 6 utilized when both the obligor and the obligee agree to the 7 suspension. The existing suspension provision is also amended 8 to allow that if the parents agree and meet certain conditions, 9 a support order may be suspended when the child is residing 10 with a caretaker who has not requested that CSRU provide 11 services. 12 The bill explicitly authorizes the department of human 13 services (DHS) to adopt all necessary and proper rules to 14 administer and interpret both the existing Code section 252B.20 15 and the new Code section 252B.20A suspension provisions. 16 If interpretative rulemaking authority is clearly vested 17 in an agency, the standard of review of such rules is 18 whether the rules constitute an irrational, illogical, or 19 wholly unjustifiable interpretation of law (Code section 20 17A.19(10)(l)). If interpretive rulemaking authority is 21 clearly not vested in the agency, the standard of review 22 of such rules is whether the rules constitute an erroneous 23 interpretation of law (Code section 17A.19(10)(c)). 24 The bill directs that until DHS adopts rules to administer 25 the bill, the CSRU may initiate proceedings to suspend and 26 reinstate support orders in accordance with Code section 27 252B.20, as amended in the bill, and may, to the extent 28 appropriate, apply and utilize procedures, rules, and forms 29 substantially similar to those applicable and utilized pursuant 30 to Code section 252B.20 for proceedings initiated in accordance 31 with Code section 252B.20A, as enacted in the bill. 32 Division III of the bill takes effect January 1, 2016. 33 Division IV of the bill relates to genetic testing in 34 proceedings to establish paternity. The bill amends Code 35 -84- LSB 1335XD (22) 86 pf/nh 84/ 85

S.F. _____ H.F. _____ section 252F.3 (notice of alleged paternity and support debt 1 conference request for hearing) and Code section 600B.41, blood 2 and genetic testing, to provide that in a proceeding involving 3 paternity testing, the child or children, mother, and putative 4 or alleged father must submit to paternity testing, but that 5 if the mother and child or children previously submitted blood 6 or genetic specimens in a prior action to establish paternity 7 against a different alleged or putative father, the previously 8 submitted specimens and prior results, if available, may be 9 utilized for testing in the action. 10 -85- LSB 1335XD (22) 86 pf/nh 85/ 85