HSB 159 (LSB 1706YC (1) 91)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT)

A BILL FOR

An Act relating to the suspension of child support and medical support in certain circumstances.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 598.21C, subsection 1, paragraph k, Code 2025, is amended to read as follows:
   k.  (1)  Entry of a dispositional or permanency an order in juvenile court pursuant to chapter 232 placing custody or physical care of a child with a party who is obligated to pay support for a the child. Any filing fees or court costs for a modification filed or ordered pursuant to this paragraph are waived.
   (2)  (a)  The court that entered an order for child support or medical support may enter an ex parte order suspending the child support or medical support under this paragraph upon receiving an application from the party obligated to pay the child support or medical support. The application must contain the county, docket number, and date of the order that placed the custody or physical care of the child with the party obligated to pay the child support or medical support. An ex parte order suspending child support or medical support shall be effective on the date the ex parte order is entered.
   (b)  If the court subsequently orders custody or physical care of the child returned to the party owed child support or medical support, upon receiving an application from the party owed child support or medical support, the court may enter an ex parte order terminating the ex parte order under subparagraph division (a). The application must contain the county, docket number, and date of the order that returned the custody or physical care of the child to the party owed child support or medical support. An ex parte order terminating an ex parte order under subparagraph division (a) shall be effective on the date the ex parte order is entered.
   (c)  A person, including but not limited to a party obligated to pay child support or medical support, the party owed child support or medical support, and child support services, may file an objection to an ex parte order entered under this subparagraph within fifteen calendar days of the date the ex parte order is entered. The clerk of the district court shall schedule a hearing on the objection not later than seven calendar days after the date the objection is filed and shall provide notice of the hearing to the parties.
   (d)  The supreme court shall prescribe a standard form to be used by a party submitting an application under this subparagraph, and distribute the form to the clerks of the district court.
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 suspension of child support and medical support (support) in certain circumstances.
   Under current law, a district court is allowed to enter an order modifying an order for support or spousal support when there is a substantial change in circumstances. One such substantial change in circumstances is when a dispositional or permanency order entered under Code chapter 232 (juvenile justice) places the custody or physical care (custody) of a child with a party obligated to pay support (obligor) for the child. The bill allows a court to modify support and spousal support when any order entered under Code chapter 232 places the custody of a child with an obligor.
   The bill allows a district court that entered an order for support to enter an ex parte order suspending support if an order entered under Code chapter 232 placed the custody of a child with an obligor and the obligor filed an application requesting a suspension of the support. The district court may terminate an ex parte order suspending support when the child is returned to the party owed support and the party owed support files an application with the court. Applications for ex parte orders to suspend or terminate suspension of support must contain the county, docket number, and date of the order that placed custody of the child with the party filing the application. Ex parte orders suspending or terminating the suspension of support are effective on the date they are entered. A person may file an objection to an ex parte order suspending or terminating the suspension of support within 15 calendar days of the date the ex parte order is entered. The clerk of the district court must schedule a hearing on the objection not later than seven calendar days after the filing of the objection and provide notice of the hearing to the parties.
   The bill requires the supreme court to prescribe a standard form to be used by a party submitting an application for suspension or termination of the suspension of support and distribute the form to the clerks of the district court.