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 TLSB 1682XS (3) 89 pf/rh
S.F. 93 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 -1- LSB 1682XS (3) 89 pf/rh 1/ 5
S.F. 93 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 35 -2- LSB 1682XS (3) 89 pf/rh 2/ 5
S.F. 93 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. 35 -3- LSB 1682XS (3) 89 pf/rh 3/ 5
S.F. 93 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 35 -4- LSB 1682XS (3) 89 pf/rh 4/ 5
S.F. 93 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. 24 -5- LSB 1682XS (3) 89 pf/rh 5/ 5