House
File
449
-
Introduced
HOUSE
FILE
449
BY
ABDUL-SAMAD
A
BILL
FOR
An
Act
relating
to
child
support
obligations
for
incarcerated
1
parents.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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H.F.
449
Section
1.
Section
598.21B,
subsection
1,
Code
2017,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
e.
(1)
The
guidelines
prescribed
by
the
3
supreme
court
shall
provide
for
deviation
from
the
guidelines
4
for
incarcerated
parents
based
upon
the
incarcerated
parent’s
5
earnings,
income,
or
other
evidence
of
ability
to
pay.
6
(2)
The
guidelines
shall
not
treat
incarceration
of
a
parent
7
as
voluntary
unemployment
for
the
purpose
of
establishing
or
8
modifying
a
child
support
order.
9
Sec.
2.
Section
598.21C,
subsection
1,
Code
2017,
is
amended
10
by
adding
the
following
new
paragraph:
11
NEW
PARAGRAPH
.
kk.
Incarceration
of
a
party
for
a
period
of
12
at
least
one
hundred
eighty
calendar
days.
13
Sec.
3.
CHILD
SUPPORT
OBLIGATIONS
——
INCARCERATED
PARENTS.
14
1.
The
child
support
recovery
unit
shall
elect
in
the
15
state
plan
for
child
support
enforcement
under
Tit.
IV-D
16
of
the
federal
Social
Security
Act
to
initiate
review
of
a
17
child
support
order
upon
notification
that
a
parent
will
be
18
incarcerated
for
more
than
one
hundred
eighty
calendar
days
19
to
ensure
that
child
support
orders
are
based
on
the
parent’s
20
ability
to
pay
during
the
period
of
incarceration.
21
2.
The
child
support
recovery
unit
shall
establish
22
partnerships
with
correctional
facilities
to
conduct
data
23
matches,
develop
electronic
interfaces,
and
implement
outreach
24
strategies
to
identify
and
educate
incarcerated
parents
25
regarding
options
and
rights
relating
to
review,
adjustment,
26
and
modification
of
a
child
support
order
during
the
period
of
27
incarceration.
28
EXPLANATION
29
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
30
the
explanation’s
substance
by
the
members
of
the
general
assembly.
31
This
bill
relates
to
child
support
obligations
of
32
incarcerated
parents.
33
The
bill
provides
that
with
regard
to
the
child
support
34
guidelines
prescribed
by
the
supreme
court,
the
guidelines
35
-1-
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H.F.
449
shall
provide
for
a
deviation
from
the
guidelines
for
1
incarcerated
parents
based
upon
the
incarcerated
parent’s
2
earnings,
income,
or
other
evidence
of
ability
to
pay.
3
Additionally,
the
guidelines
shall
not
treat
incarceration
4
of
a
parent
as
voluntary
unemployment
for
the
purpose
of
5
establishing
or
modifying
a
child
support
order.
6
The
bill
provides
that
incarceration
of
a
party
for
a
period
7
of
at
least
180
calendar
days
constitutes
a
substantial
change
8
in
circumstances
as
a
basis
for
modification
of
a
child
support
9
order.
10
The
bill
requires
the
child
support
recovery
unit
to
elect
in
11
the
state
plan
for
child
support
enforcement
to
initiate
review
12
of
a
child
support
order
upon
notification
that
a
parent
will
13
be
incarcerated
for
more
than
180
calendar
days
to
ensure
that
14
child
support
orders
are
based
on
the
parent’s
ability
to
pay
15
during
the
period
of
incarceration.
16
The
bill
also
requires
the
child
support
recovery
unit
to
17
establish
partnerships
with
correctional
facilities
to
conduct
18
data
matches,
develop
electronic
interfaces,
and
implement
19
outreach
strategies
to
identify
and
educate
incarcerated
20
parents
regarding
options
and
rights
relating
to
review,
21
adjustment,
and
modification
of
a
child
support
order
during
22
the
period
of
incarceration.
23
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