House
File
72
-
Introduced
HOUSE
FILE
72
BY
MOMMSEN
A
BILL
FOR
An
Act
relating
to
the
criteria
for
determining
payment
of
1
spousal
support.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1857YH
(1)
87
pf/nh
H.F.
72
Section
1.
Section
598.21A,
subsection
1,
Code
2017,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
0f.
Other
economic
circumstances
of
each
3
party,
including
property
inherited
or
gifts
received
by
either
4
party,
including
in
the
form
of
a
trust,
and
the
potential
5
income
from
any
such
inherited
or
gifted
property.
Future
6
interests
may
be
considered,
but
expectancies
or
interests
7
arising
from
inherited
or
gifted
property
created
under
a
8
will
or
other
instrument
under
which
the
trustee,
trustor,
9
trust
protector,
or
owner
has
the
power
to
remove
the
party
in
10
question
as
a
beneficiary,
shall
not
be
considered.
11
Sec.
2.
Section
598.21A,
Code
2017,
is
amended
by
adding
the
12
following
new
subsection:
13
NEW
SUBSECTION
.
1A.
Primary
consideration
in
determining
14
support.
In
determining
support
under
this
section,
the
primary
15
consideration
of
the
court
shall
be
the
actual
need
of
a
party
16
for
support
and
the
ability
of
the
other
party
to
provide
17
payment
of
such
support
such
that
each
party
maintains
a
18
standard
of
living
reasonably
comparable
to
that
enjoyed
during
19
the
marriage.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
provides
a
new
criterion
for
the
determination
of
24
the
awarding
of
spousal
support.
In
considering
whether
to
25
grant
an
order
requiring
support
payments
to
either
party,
the
26
court
is
to
consider
the
economic
circumstances
of
each
party,
27
including
property
inherited
or
gifts
received
by
either
party,
28
including
in
the
form
of
a
trust,
and
the
potential
income
from
29
the
inherited
or
gifted
property.
As
with
the
actual
division
30
of
property
of
the
parties,
the
court
may
consider
future
31
interests,
but
expectancies
or
interests
arising
from
inherited
32
or
gifted
property
created
under
a
will
or
other
instrument
33
under
which
the
trustee,
trustor,
trust
protector,
or
owner
has
34
the
power
to
remove
the
party
in
question
as
a
beneficiary,
35
-1-
LSB
1857YH
(1)
87
pf/nh
1/
2
H.F.
72
shall
not
be
considered.
1
The
bill
also
provides
that
the
primary
consideration
in
2
determining
an
award
of
spousal
support
is
the
actual
need
3
of
a
party
for
support
and
the
ability
of
the
other
party
to
4
provide
payment
of
such
support
such
that
each
party
maintains
5
a
standard
of
living
reasonably
comparable
to
that
enjoyed
6
during
the
marriage.
7
-2-
LSB
1857YH
(1)
87
pf/nh
2/
2