House File 416 - Introduced HOUSE FILE 416 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 11) A BILL FOR An Act relating to support of a child including support 1 relative to the child’s completion of high school graduation 2 or equivalency requirements. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1079HV (4) 89 pf/rh
H.F. 416 Section 1. Section 239B.1, subsection 3, Code 2021, is 1 amended to read as follows: 2 3. “Child” means an unmarried person who is less than 3 eighteen years of age or an unmarried person who is eighteen 4 years of age and is engaged full-time in completing high school 5 graduation or equivalency requirements in a manner which 6 is so long as such full-time engagement is continuous and 7 reasonably expected to result in completion of the requirements 8 prior to the person reaching nineteen years of age , until the 9 person reaches nineteen years of age or completes high school 10 graduation or equivalency requirements, whichever occurs first . 11 Sec. 2. Section 252A.3, subsections 2 and 11, Code 2021, are 12 amended to read as follows: 13 2. A parent is liable for the support of the parent’s 14 child or children under eighteen years of age, whenever the 15 other parent of such child or children is dead, or cannot be 16 found, or is incapable of supporting the child or children, 17 and, if the liable parent is possessed of sufficient means 18 or able to earn the means. The court having jurisdiction of 19 the respondent in a proceeding instituted under this chapter 20 shall establish the respondent’s monthly support payment and 21 the amount of the support debt accrued and accruing pursuant 22 to section 598.21B . The support obligation shall include 23 support of a parent’s child between the ages of eighteen and 24 nineteen years if the child is engaged full-time in completing 25 high school graduation or equivalency requirements in a manner 26 which is so long as such full-time engagement is continuous and 27 reasonably expected to result in completion of the requirements 28 prior to the person reaching , until the person reaches nineteen 29 years of age or completes high school graduation or equivalency 30 requirements, whichever occurs first . 31 11. If paternity of a child born out of wedlock is 32 established as provided in subsection 10 , the court shall 33 establish the respondent’s monthly support payment and the 34 amount of the support debt accrued and accruing pursuant to 35 -1- LSB 1079HV (4) 89 pf/rh 1/ 5
H.F. 416 section 598.21B . The support obligation shall include support 1 of the child between the ages of eighteen and nineteen years 2 if the child is engaged full-time in completing high school 3 graduation or equivalency requirements in a manner which is so 4 long as such full-time engagement is continuous and reasonably 5 expected to result in completion of the requirements prior to 6 the person reaching , until the person reaches nineteen years 7 of age or completes high school graduation or equivalency 8 requirements, whichever occurs first . 9 Sec. 3. Section 252F.1, subsection 2, Code 2021, is amended 10 to read as follows: 11 2. “Child” means a person who is less than age eighteen or 12 a person who is age eighteen but less than age nineteen and 13 is engaged full-time in completing high school graduation or 14 equivalency requirements in a manner which is so long as such 15 full-time engagement is continuous and reasonably expected to 16 result in completion of the requirements prior to the person 17 reaching age nineteen , until the person reaches nineteen years 18 of age or completes high school graduation or equivalency 19 requirements, whichever occurs first . 20 Sec. 4. Section 252H.12, subsection 2, Code 2021, is amended 21 to read as follows: 22 2. The support order provides for the ongoing support of at 23 least one child under the age of eighteen or a child between 24 the ages of eighteen and nineteen who has not yet graduated 25 from high school but who is engaged full-time in completing 26 high school graduation or equivalency requirements so long as 27 such full-time engagement is continuous and reasonably expected 28 to graduate from high school before attaining the age of result 29 in completion of the requirements, until the person reaches 30 nineteen years of age or completes high school graduation or 31 equivalency requirements, whichever occurs first . 32 Sec. 5. Section 252H.22, subsection 2, Code 2021, is amended 33 to read as follows: 34 2. The support order provides for the ongoing support of at 35 -2- LSB 1079HV (4) 89 pf/rh 2/ 5
H.F. 416 least one child under the age of eighteen or a child between 1 the ages of eighteen and nineteen who has not yet graduated 2 from high school but who is engaged full-time in completing 3 high school graduation or equivalency requirements so long as 4 such full-time engagement is continuous and reasonably expected 5 to graduate from high school before attaining the age of result 6 in completion of the requirements, until the person reaches 7 nineteen years of age or completes high school graduation or 8 equivalency requirements, whichever occurs first . 9 Sec. 6. Section 598.1, subsection 9, Code 2021, is amended 10 to read as follows: 11 9. “Support” or “support payments” means an amount which 12 the court may require either of the parties to pay under a 13 temporary order or a final judgment or decree, and may include 14 alimony, child support, maintenance, and any other term used 15 to describe these obligations. For orders entered on or after 16 July 1, 1990, unless the court specifically orders otherwise, 17 medical support is not included in the monetary amount of child 18 support. The For orders entered on or after July 1, 2021, 19 obligations shall include support for a child who is between 20 until the ages of child reaches eighteen and nineteen years who 21 of age, or for a child who is engaged full-time in completing 22 high school graduation or equivalency requirements in a manner 23 which so long as such full-time engagement is continuous and 24 reasonably expected to result in completion of the requirements 25 prior to , until the person reaching child reaches nineteen 26 years of age or completes high school graduation or equivalency 27 requirements, whichever occurs first ; and may include support 28 for a child of any age who is dependent on the parties to 29 the dissolution proceedings because of physical or mental 30 disability. 31 Sec. 7. Section 600B.25, subsection 1, Code 2021, is amended 32 to read as follows: 33 1. Upon a finding of paternity pursuant to section 600B.24 , 34 the court shall establish the father’s monthly support payment 35 -3- LSB 1079HV (4) 89 pf/rh 3/ 5
H.F. 416 and the amount of the support debt accrued or accruing pursuant 1 to section 598.21B . The support obligation shall include 2 support of the child between the ages of eighteen and nineteen 3 years if the child is engaged full-time in completing high 4 school graduation or equivalency requirements in a manner which 5 is so long as such full-time engagement is continuous and 6 reasonably expected to result in completion of the requirements 7 prior to the person reaching nineteen years of age , until the 8 person reaches nineteen years of age or completes high school 9 graduation or equivalency requirements, whichever occurs first . 10 The court may order the father to pay amounts the court deems 11 appropriate for the past support and maintenance of the child 12 and for the reasonable and necessary expenses incurred by or 13 for the mother in connection with prenatal care, the birth of 14 the child, and postnatal care of the child and the mother, and 15 other medical support as defined in section 252E.1 . The court 16 may award the prevailing party the reasonable costs of suit, 17 including but not limited to reasonable attorney fees. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill provides that the definition of “support” or 22 “support payments” for orders entered on or after July 1, 23 2021, includes obligations for support of a child until age 24 18, or for a child who is engaged full-time in completing high 25 school graduation or equivalency requirements so long as such 26 full-time engagement is continuous and reasonably expected 27 to result in completion of the requirements, until the child 28 reaches 19 years of age or completes high school graduation or 29 equivalency requirements, whichever occurs first. Current law 30 provides that the obligations for support or support payments 31 include support for a child who is between the ages of 18 and 32 19 years who is engaged full-time in completing high school 33 graduation or equivalency requirements in a manner which is 34 reasonably likely expected to result in completion of the 35 -4- LSB 1079HV (4) 89 pf/rh 4/ 5
H.F. 416 requirements prior to the person reaching 19 years of age. 1 The bill makes conforming changes throughout the Code to 2 reflect changes in the definition of “support” or “support 3 payments” in the bill. 4 -5- LSB 1079HV (4) 89 pf/rh 5/ 5