Senate Study Bill 1179 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF HUMAN SERVICES BILL) A BILL FOR An Act relating to family support programs and provisions 1 including those relating to child support and establishment 2 of paternity. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1335XD (22) 86 pf/nh
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