House File 2382 - Introduced HOUSE FILE 2382 BY BERGAN 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 6084YH (2) 90 pf/ko
H.F. 2382 Section 1. Section 252H.3, subsection 1, Code 2024, 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 2024, is amended to read as follows: 14 g. Copies of any computation worksheet prepared by child 15 support services to determine the amount of support calculated 16 using the mandatory child support guidelines established under 17 section 598.21B , and, if appropriate and the social security 18 disability or veteran disability provisions of sections 598.22 19 and 598.22C apply, a determination of the amount of delinquent 20 support due. 21 Sec. 3. Section 252H.9, subsection 3, paragraph h, Code 22 2024, is amended to read as follows: 23 h. If applicable, the amount of delinquent support due 24 based upon the receipt of social security disability or veteran 25 disability payments as provided in sections 598.22 and 598.22C . 26 Sec. 4. Section 252H.14A, subsection 1, paragraph b, 27 subparagraph (3), Code 2024, is amended to read as follows: 28 (3) The parent is a recipient of disability benefits under 29 the Act or is a recipient of United States department of 30 veterans affairs disability benefits because of the parent’s 31 disability. 32 Sec. 5. Section 252H.16, subsection 1, Code 2024, is amended 33 to read as follows: 34 1. For actions initiated under section 252H.15 , child 35 -1- LSB 6084YH (2) 90 pf/ko 1/ 6
H.F. 2382 support services shall conduct the review and determine whether 1 an adjustment is appropriate. As necessary, child support 2 services shall make a determination of the controlling order or 3 the amount of delinquent support due based upon the receipt of 4 social security disability or veteran disability payments as 5 provided in sections 598.22 and 598.22C . 6 Sec. 6. Section 252H.22, subsection 6, Code 2024, is amended 7 to read as follows: 8 6. The support order is not subject to the social security 9 disability or veteran disability provisions pursuant to 10 sections 598.22 and 598.22C . 11 Sec. 7. Section 598.21B, subsection 2, paragraph b, 12 subparagraph (3), Code 2024, is amended to read as follows: 13 (3) For the purposes of including a child’s dependent 14 benefit in calculating a support obligation under this section 15 for a child whose parent has been awarded disability benefits 16 under the federal Social Security Act or by the United States 17 department of veterans affairs , the provisions of section 18 598.22C shall apply. 19 Sec. 8. Section 598.22, subsections 1 and 3, Code 2024, are 20 amended to read as follows: 21 1. Except as otherwise provided in section 598.22A , 22 this section applies to all initial or modified orders for 23 support entered under this chapter , chapter 234 , 252A , 252C , 24 252F , 600B , or any other chapter of the Code. All orders 25 or judgments entered under chapter 234 , 252A , 252C , 252F , or 26 600B , or under this chapter or any other chapter which provide 27 for temporary or permanent support payments shall direct the 28 payment of those sums to the clerk of the district court or the 29 collection services center in accordance with section 252B.14 , 30 or as appropriate, a comparable government entity in another 31 state as provided in chapter 252K for the use of the person for 32 whom the payments have been awarded. All income withholding 33 payments shall be directed to the collection services center, 34 or as appropriate, a comparable government entity in another 35 -2- LSB 6084YH (2) 90 pf/ko 2/ 6
H.F. 2382 state as provided in chapter 252K . Payments to persons other 1 than the clerk of the district court, the collection services 2 center, or as appropriate, a comparable government entity in 3 another state as provided in chapter 252K do not satisfy the 4 support obligations created by the orders or judgments, except 5 as provided for trusts governed by the federal Retirement 6 Equity Act of 1984, Pub. L. No. 98-397, for tax refunds or 7 rebates in section 602.8102, subsection 47 , or for dependent 8 benefits paid to the child support obligee as the result of 9 disability benefits awarded to the child support obligor 10 under the federal Social Security Act or by the United States 11 department of veterans affairs . For trusts governed by the 12 federal Retirement Equity Act of 1984, Pub. L. No. 98-397, 13 the order for income withholding or notice of the order for 14 income withholding shall require the payment of such sums to 15 the alternate payee in accordance with the federal Act. For 16 dependent benefits paid to the child support obligee as a 17 result of disability benefits awarded to the child support 18 obligor under the federal Social Security Act or by the United 19 States department of veterans affairs , the provisions of 20 section 598.22C shall apply. 21 3. An order or judgment entered by the court for temporary 22 or permanent support or for income withholding shall be filed 23 with the clerk. The orders have the same force and effect 24 as judgments when entered in the judgment docket and lien 25 index and are records open to the public. Unless otherwise 26 provided by federal law, if it is possible to identify the 27 support order to which a payment is to be applied, and if 28 sufficient information identifying the obligee is provided, 29 the clerk or the collection services center, as appropriate, 30 shall disburse the payments received pursuant to the orders 31 or judgments within two working days of the receipt of 32 the payments. All moneys received or disbursed under this 33 section shall be entered in records kept by the clerk, or the 34 collection services center, as appropriate, and the records 35 -3- LSB 6084YH (2) 90 pf/ko 3/ 6
H.F. 2382 kept by the clerk shall be available to the public. The clerk 1 or the collection services center shall not enter any moneys 2 paid in the record book if not paid directly to the clerk 3 or the center, as appropriate, except as provided for trusts 4 and federal social security disability or veteran disability 5 payments in this section , and for tax refunds or rebates 6 in section 602.8102, subsection 47 , or as appropriate, a 7 comparable government entity in another state as provided in 8 chapter 252K . 9 Sec. 9. Section 598.22C, Code 2024, is amended to read as 10 follows: 11 598.22C Child support —— social security disability and 12 veteran disability dependent benefits. 13 If dependent benefits are paid for a child as a result of 14 disability benefits awarded to the child’s parent under the 15 federal Social Security Act or by the United States department 16 of veterans affairs , all of the following shall apply: 17 1. Unless the court otherwise provides, dependent benefits 18 paid to the child support obligee as a result of disability 19 benefits awarded to the child support obligor fully satisfy and 20 substitute for the support obligations for the same period of 21 time for which the benefits are awarded. 22 2. For the purposes of calculating a support obligation 23 under section 598.21B , the dependent benefits paid for any 24 child shall be included as income to the disabled parent. 25 3. a. Any order or judgment for support for a child for 26 whom social security disability benefits or veteran disability 27 benefits are paid to the child support obligee as a result of 28 disability benefits awarded to the child support obligor shall 29 include all of the following: 30 (1) The dollar amount of the child support obligation 31 as calculated by application of the guidelines under section 32 598.21B , and a statement that the social security dependent 33 benefits or veteran disability dependent benefits are included 34 as income to the obligor in that calculation. 35 -4- LSB 6084YH (2) 90 pf/ko 4/ 6
H.F. 2382 (2) The dollar amount of the social security dependent 1 benefits or veteran disability dependent benefits paid to the 2 obligee which shall be dollar-for-dollar satisfaction of the 3 obligor’s child support obligation. 4 (3) The dollar amount, if any, the obligor shall pay 5 after application of the social security dependent benefits 6 or veteran disability dependent benefits as a credit to or 7 dollar-for-dollar satisfaction of the child support obligation. 8 b. The amount of the child support obligation stated in the 9 order, and the amount the obligor shall pay after application 10 of the social security disability dependent benefit credit or 11 satisfaction or veteran disability dependent benefit credit 12 or satisfaction stated in the order, shall continue until 13 modified, as provided in section 598.21C . 14 4. The amount of any child support obligation satisfied 15 under this section based upon the receipt of dependent benefits 16 paid to the child support obligee as a result of disability 17 benefits awarded to the child support obligor shall not be 18 considered delinquent. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill relates to the treatment of veteran disability 23 dependent benefits in determining a child support obligation. 24 The bill provides that veteran disability dependent 25 benefits shall be treated in the same manner as social security 26 dependent (SSD) benefits are currently treated. 27 Under current law, if a child receives SSD benefits as the 28 result of a parent’s disability, the payment amount is to be 29 included as income to the parent when calculating the amount 30 of child support. After calculating the amount of child 31 support, if the disabled parent is the obligor, the obligor’s 32 support obligation is then to be credited, dollar for dollar, 33 in the amount of the SSD payment made to the dependent, with 34 any remaining obligation amount to be paid by the obligor. 35 -5- LSB 6084YH (2) 90 pf/ko 5/ 6
H.F. 2382 Finally, unless the court otherwise provides, dependent 1 benefits paid to the child support obligee as a result of 2 disability benefits awarded to the child support obligor fully 3 satisfy and substitute for the support obligations for the 4 same period of time for which the benefits are awarded, until 5 such time as the child support order is modified. Under the 6 bill, these same provisions would apply to disability benefits 7 awarded to a parent by the United States department of veterans 8 affairs. 9 The bill also makes conforming changes including those 10 in Code chapter 252H (adjustment and modification of 11 support orders) to allow child support services to include 12 a determination of arrearages in veteran disability-related 13 modification orders, as is the case with SSD-related 14 modification orders, to provide a way for the parent and child 15 support services to determine if any arrearages are due because 16 of the change in treatment of veteran disability dependent 17 benefits under the bill. 18 -6- LSB 6084YH (2) 90 pf/ko 6/ 6