Senate
File
93
-
Introduced
SENATE
FILE
93
BY
ZAUN
A
BILL
FOR
An
Act
relating
to
the
treatment
of
veteran
disability
1
dependent
benefits
in
the
determination
of
a
child
support
2
obligation.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
252H.3,
subsection
1,
Code
2021,
is
1
amended
to
read
as
follows:
2
1.
Any
action
initiated
under
this
chapter
,
including
3
any
court
hearing
resulting
from
an
action,
shall
be
limited
4
in
scope
to
the
adjustment
or
modification
of
the
child
or
5
medical
support
or
cost-of-living
alteration
of
the
child
6
support
provisions
of
a
support
order.
A
determination
of
a
7
controlling
order
is
within
the
scope
of
this
chapter
.
If
the
8
social
security
disability
or
veteran
disability
provisions
9
of
sections
598.22
and
598.22C
apply,
a
determination
of
the
10
amount
of
delinquent
support
due
is
within
the
scope
of
this
11
chapter
.
12
Sec.
2.
Section
252H.8,
subsection
5,
paragraph
g,
Code
13
2021,
is
amended
to
read
as
follows:
14
g.
Copies
of
any
computation
worksheet
prepared
by
the
15
unit
to
determine
the
amount
of
support
calculated
using
the
16
mandatory
child
support
guidelines
established
under
section
17
598.21B
,
and,
if
appropriate
and
the
social
security
disability
18
or
veteran
disability
provisions
of
sections
598.22
and
598.22C
19
apply,
a
determination
of
the
amount
of
delinquent
support
due.
20
Sec.
3.
Section
252H.9,
subsection
3,
paragraph
h,
Code
21
2021,
is
amended
to
read
as
follows:
22
h.
If
applicable,
the
amount
of
delinquent
support
due
23
based
upon
the
receipt
of
social
security
disability
or
veteran
24
disability
payments
as
provided
in
sections
598.22
and
598.22C
.
25
Sec.
4.
Section
252H.14A,
subsection
1,
paragraph
b,
26
subparagraph
(3),
Code
2021,
is
amended
to
read
as
follows:
27
(3)
The
parent
is
a
recipient
of
disability
benefits
under
28
the
Act
or
is
a
recipient
of
veteran
disability
benefits
under
29
Tit.
38
of
the
United
States
Code
because
of
the
parent’s
30
disability.
31
Sec.
5.
Section
252H.16,
subsection
1,
Code
2021,
is
amended
32
to
read
as
follows:
33
1.
For
actions
initiated
under
section
252H.15
,
the
unit
34
shall
conduct
the
review
and
determine
whether
an
adjustment
is
35
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appropriate.
As
necessary,
the
unit
shall
make
a
determination
1
of
the
controlling
order
or
the
amount
of
delinquent
support
2
due
based
upon
the
receipt
of
social
security
disability
or
3
veteran
disability
payments
as
provided
in
sections
598.22
and
4
598.22C
.
5
Sec.
6.
Section
252H.22,
subsection
6,
Code
2021,
is
amended
6
to
read
as
follows:
7
6.
The
support
order
is
not
subject
to
the
social
security
8
disability
or
veteran
disability
provisions
pursuant
to
9
sections
598.22
and
598.22C
.
10
Sec.
7.
Section
598.21B,
subsection
2,
paragraph
b,
11
subparagraph
(3),
Code
2021,
is
amended
to
read
as
follows:
12
(3)
For
the
purposes
of
including
a
child’s
dependent
13
benefit
in
calculating
a
support
obligation
under
this
section
14
for
a
child
whose
parent
has
been
awarded
disability
benefits
15
under
the
federal
Social
Security
Act
or
under
Tit.
38
of
the
16
United
States
Code
,
the
provisions
of
section
598.22C
shall
17
apply.
18
Sec.
8.
Section
598.22,
subsection
1,
Code
2021,
is
amended
19
to
read
as
follows:
20
1.
Except
as
otherwise
provided
in
section
598.22A
,
21
this
section
applies
to
all
initial
or
modified
orders
for
22
support
entered
under
this
chapter
,
chapter
234
,
252A
,
252C
,
23
252F
,
600B
,
or
any
other
chapter
of
the
Code.
All
orders
24
or
judgments
entered
under
chapter
234
,
252A
,
252C
,
252F
,
or
25
600B
,
or
under
this
chapter
or
any
other
chapter
which
provide
26
for
temporary
or
permanent
support
payments
shall
direct
the
27
payment
of
those
sums
to
the
clerk
of
the
district
court
or
the
28
collection
services
center
in
accordance
with
section
252B.14
,
29
or
as
appropriate,
a
comparable
government
entity
in
another
30
state
as
provided
in
chapter
252K
for
the
use
of
the
person
for
31
whom
the
payments
have
been
awarded.
All
income
withholding
32
payments
shall
be
directed
to
the
collection
services
center,
33
or
as
appropriate,
a
comparable
government
entity
in
another
34
state
as
provided
in
chapter
252K
.
Payments
to
persons
other
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than
the
clerk
of
the
district
court,
the
collection
services
1
center,
or
as
appropriate,
a
comparable
government
entity
in
2
another
state
as
provided
in
chapter
252K
do
not
satisfy
the
3
support
obligations
created
by
the
orders
or
judgments,
except
4
as
provided
for
trusts
governed
by
the
federal
Retirement
5
Equity
Act
of
1984,
Pub.
L.
No.
98-397,
for
tax
refunds
or
6
rebates
in
section
602.8102,
subsection
47
,
or
for
dependent
7
benefits
paid
to
the
child
support
obligee
as
the
result
of
8
disability
benefits
awarded
to
the
child
support
obligor
under
9
the
federal
Social
Security
Act
or
under
Tit.
38
of
the
United
10
States
Code
.
For
trusts
governed
by
the
federal
Retirement
11
Equity
Act
of
1984,
Pub.
L.
No.
98-397,
the
order
for
income
12
withholding
or
notice
of
the
order
for
income
withholding
shall
13
require
the
payment
of
such
sums
to
the
alternate
payee
in
14
accordance
with
the
federal
Act.
For
dependent
benefits
paid
15
to
the
child
support
obligee
as
a
result
of
disability
benefits
16
awarded
to
the
child
support
obligor
under
the
federal
Social
17
Security
Act
or
under
Tit.
38
of
the
United
States
Code
,
the
18
provisions
of
section
598.22C
shall
apply.
19
Sec.
9.
Section
598.22C,
Code
2021,
is
amended
to
read
as
20
follows:
21
598.22C
Child
support
——
social
security
and
veteran
22
disability
dependent
benefits.
23
If
dependent
benefits
are
paid
for
a
child
as
a
result
of
24
disability
benefits
awarded
to
the
child’s
parent
under
the
25
federal
Social
Security
Act
or
under
Tit.
38
of
the
United
26
States
Code
,
all
of
the
following
shall
apply:
27
1.
Unless
the
court
otherwise
provides,
dependent
benefits
28
paid
to
the
child
support
obligee
as
a
result
of
disability
29
benefits
awarded
to
the
child
support
obligor
fully
satisfy
and
30
substitute
for
the
support
obligations
for
the
same
period
of
31
time
for
which
the
benefits
are
awarded.
32
2.
For
the
purposes
of
calculating
a
support
obligation
33
under
section
598.21B
,
the
dependent
benefits
paid
for
any
34
child
shall
be
included
as
income
to
the
disabled
parent.
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3.
a.
Any
order
or
judgment
for
support
for
a
child
for
1
whom
social
security
disability
benefits
or
veteran
disability
2
benefits
are
paid
to
the
child
support
obligee
as
a
result
of
3
disability
benefits
awarded
to
the
child
support
obligor
shall
4
include
all
of
the
following:
5
(1)
The
dollar
amount
of
the
child
support
obligation
6
as
calculated
by
application
of
the
guidelines
under
section
7
598.21B
,
and
a
statement
that
the
social
security
dependent
8
benefits
or
veteran
disability
dependent
benefits
are
included
9
as
income
to
the
obligor
in
that
calculation.
10
(2)
The
dollar
amount
of
the
social
security
dependent
11
benefits
or
veteran
disability
dependent
benefits
paid
to
the
12
obligee
which
shall
be
dollar-for-dollar
satisfaction
of
the
13
obligor’s
child
support
obligation.
14
(3)
The
dollar
amount,
if
any,
the
obligor
shall
pay
15
after
application
of
the
social
security
dependent
benefits
16
or
veteran
disability
dependent
benefits
as
a
credit
to
or
17
dollar-for-dollar
satisfaction
of
the
child
support
obligation.
18
b.
The
amount
of
the
child
support
obligation
stated
in
the
19
order,
and
the
amount
the
obligor
shall
pay
after
application
20
of
the
social
security
disability
dependent
benefit
credit
or
21
satisfaction
or
veteran
disability
dependent
benefit
credit
22
or
satisfaction
stated
in
the
order,
shall
continue
until
23
modified,
as
provided
in
section
598.21C
.
24
4.
The
amount
of
any
child
support
obligation
satisfied
25
under
this
section
based
upon
the
receipt
of
dependent
benefits
26
paid
to
the
child
support
obligee
as
a
result
of
disability
27
benefits
awarded
to
the
child
support
obligor
shall
not
be
28
considered
delinquent.
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
This
bill
relates
to
the
treatment
of
veteran
disability
33
dependent
benefits
in
determining
a
child
support
obligation.
34
The
bill
provides
that
veteran
disability
dependent
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benefits
shall
be
treated
in
the
same
manner
as
social
security
1
dependent
(SSD)
benefits
are
treated
under
current
law.
Under
2
current
law,
if
a
child
receives
SSD
benefits
as
the
result
of
3
a
parent’s
disability,
the
payment
amount
is
to
be
included
4
as
income
to
the
parent
when
calculating
the
amount
of
child
5
support.
After
calculating
the
amount
of
child
support,
if
6
the
disabled
parent
is
the
obligor,
the
obligor’s
support
7
obligation
is
then
to
be
credited,
dollar-for-dollar,
in
8
the
amount
of
the
SSD
payment
made
to
the
dependent,
with
9
any
remaining
obligation
amount
to
be
paid
by
the
obligor.
10
Unless
the
court
otherwise
provides,
dependent
benefits
11
paid
to
the
child
support
obligee
as
a
result
of
disability
12
benefits
awarded
to
the
child
support
obligor
fully
satisfy
and
13
substitute
for
the
support
obligations
for
the
same
period
of
14
time
for
which
the
benefits
are
awarded,
until
such
time
as
the
15
child
support
order
is
modified.
16
The
bill
also
makes
conforming
changes
including
those
17
in
Code
chapter
252H
(adjustment
and
modification
of
18
support
orders)
to
allow
the
child
support
recovery
unit
19
(CSRU)
to
include
a
determination
of
arrearages
in
veteran
20
disability-related
modification
orders,
as
is
the
case
with
21
SSD-related
modification
orders,
to
provide
a
way
for
a
parent
22
and
CSRU
to
determine
if
any
arrearages
are
due
to
the
change
23
in
the
law.
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