Senate File 386 - Introduced SENATE FILE 386 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 17) A BILL FOR An Act prohibiting a court from ordering payment of a 1 postsecondary education subsidy for a child under a 2 dissolution of marriage temporary order or final judgment or 3 decree, and providing for application to existing orders, 4 judgments, and decrees. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1049SV (3) 90 pf/rh

S.F. 386 Section 1. Section 252D.16, subsection 3, Code 2023, is 1 amended to read as follows: 2 3. “Support” or “support payments” means any amount which 3 the court or administrative agency may require a person to pay 4 for the benefit of a child under a temporary order or a final 5 judgment or decree entered under chapter 232 , 234 , 252A , 252C , 6 252F , 252H , 598 , 600B , or any other comparable chapter, and may 7 include child support, maintenance, medical support as defined 8 in chapter 252E , spousal support, and any other term used to 9 describe these obligations. These obligations may include 10 support for a child of any age who is dependent on the parties 11 to the dissolution proceedings because of physical or mental 12 disability. The obligations may include support for a child 13 eighteen or more years of age with respect to whom a child 14 support order has been issued pursuant to the laws of another 15 state or foreign country. These obligations shall not include 16 amounts for a postsecondary education subsidy as defined in 17 section 598.1 . 18 Sec. 2. Section 598.1, subsection 8, Code 2023, is amended 19 to read as follows: 20 8. “Postsecondary education subsidy” means an amount which 21 either of the parties may be required to pay under a temporary 22 order or final judgment or decree for educational expenses of 23 a child who is between the ages of eighteen and twenty-two 24 years if the child is regularly attending a course of career 25 and technical training either as a part of a regular school 26 program or under special arrangements adapted to the individual 27 person’s needs; or is, in good faith, a full-time student in a 28 college, university, or community college; or has been accepted 29 for admission to a college, university, or community college 30 and the next regular term has not yet begun. 31 Sec. 3. Section 598.21F, Code 2023, is amended by striking 32 the section and inserting in lieu thereof the following: 33 598.21F Postsecondary education subsidy. 34 The court shall not order either of the parties to pay a 35 -1- LSB 1049SV (3) 90 pf/rh 1/ 3

S.F. 386 postsecondary education subsidy under a temporary order or 1 final judgment or decree. 2 Sec. 4. Section 600.11, subsection 2, paragraph a, 3 subparagraph (6), Code 2023, is amended to read as follows: 4 (6) A person who is ordered to pay support or a 5 postsecondary education subsidy pursuant to section 598.21F , or 6 chapter 234 , 252A , 252C , 252F , 598 , 600B , or any other chapter 7 of the Code, for a person eighteen years of age or older who is 8 being adopted by a stepparent, and the support order or order 9 requires payment of support or postsecondary education subsidy 10 for any period of time after the child reaches eighteen years 11 of age. 12 Sec. 5. Section 714I.4, subsection 3, paragraph a, 13 subparagraph (1), Code 2023, is amended to read as follows: 14 (1) If the health care professional used the health care 15 professional’s own human reproductive material for assisted 16 reproduction in violation of section 714I.3, subsection 2 , 17 the health care professional is determined through blood or 18 genetic testing to be a biological parent as defined in section 19 600A.2 of the child, and the action is brought within the time 20 limitations specified in section 614.8 , damages in an amount 21 that is the sum of all of the following: 22 (a) The basic support obligation prescribed by the child 23 support guidelines established pursuant to section 598.21B 24 based on the health care professional’s monthly adjusted net 25 income for the time period specified for support for a child 26 under section 598.1, subsection 9 . 27 (b) Medical support as defined in section 252E.1 . 28 (c) A postsecondary education subsidy as defined in section 29 598.1 . 30 (d) (c) Such other sums as described in section 252A.3, 31 subsection 12 , giving due regard to the circumstances of the 32 plaintiff. 33 Sec. 6. APPLICABILITY. This Act applies to a support order, 34 decree, or judgment entered or pending on or after July 1, 35 -2- LSB 1049SV (3) 90 pf/rh 2/ 3

S.F. 386 2023. This Act shall not be the basis for modification of an 1 order, decree, or judgment entered before July 1, 2023, that 2 provides for a postsecondary education subsidy. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This bill eliminates the current option for a court to order 7 a postsecondary education subsidy and instead prohibits a 8 court from ordering the payment of a postsecondary education 9 subsidy by parties to a dissolution of marriage. The bill also 10 provides that the bill applies to a support order, decree, or 11 judgment entered or pending on or after July 1, 2023, and that 12 the bill shall not be the basis for modification of an order, 13 decree, or judgment entered before July 1, 2023, that provides 14 for a postsecondary education subsidy. 15 -3- LSB 1049SV (3) 90 pf/rh 3/ 3