HF 2382 (LSB 6084YH (2) 90)

HOUSE FILE 2382

BY  BERGAN

A BILL FOR

An Act relating to the treatment of veteran disability dependent benefits in the determination of a child support obligation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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