H.F. 2040 Section 1. Section 252B.3, Code 2018, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 6. The department shall adopt rules 3 pursuant to chapter 17A to provide a process for review by 4 the unit, upon the request of an obligee, of a support order 5 which was granted to an obligor who qualified for a low-income 6 adjustment at the time the support obligation amount was 7 calculated, to determine if the obligor remains eligible for 8 such low-income adjustment. A determination that the obligor 9 no longer qualifies for the low-income adjustment shall be 10 considered a substantial change in circumstances and the basis 11 for modification of the child support order. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 This bill requires the department of human services to 16 adopt rules pursuant to Code chapter 17A to provide a process 17 for review by the child support recovery unit (CSRU), upon 18 the request of an obligee, of a child support order which 19 was granted to an obligor who qualified for a low-income 20 adjustment at the time the child support obligation amount was 21 calculated, to determine if the obligor remains eligible for 22 such a low-income adjustment. A determination that the obligor 23 no longer qualifies for the low-income adjustment shall be 24 considered a substantial change in circumstances and the basis 25 for modification of the child support order. 26 The objective of the low-income adjustment is to balance 27 the interests of adequately supporting the obligated parent’s 28 children and allowing the obligated parent to live at least at 29 subsistence level. The CSRU does not have a process in place 30 to review the low-income adjustment amount once a child support 31 order has been granted, but may enforce the order through 32 existing enforcement actions. 33 -1- LSB 5696YH (3) 87 pf/rh 1/ 1