Senate
File
542
-
Introduced
SENATE
FILE
542
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1123)
A
BILL
FOR
An
Act
relating
to
the
suspension
of
child
support
and
medical
1
support
in
certain
circumstances.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
598.21H
Suspension
of
child
support
1
——
child
in
need
of
assistance
proceedings.
2
1.
Subject
to
28
U.S.C.
§1738B,
the
court
may
enter
an
ex
3
parte
order
suspending
a
child
support
or
medical
support
order
4
entered
under
chapter
234,
252A,
252C,
252F,
600B,
or
this
5
chapter
if
all
of
the
following
conditions
are
met:
6
a.
A
dispositional
or
permanency
order
in
juvenile
court,
7
pursuant
to
chapter
232,
places
the
custody
or
physical
care
8
of
a
child
with
a
person
who
is
obligated
to
pay
support
for
9
the
child
pursuant
to
an
order
entered
under
chapter
234,
252A,
10
252C,
252F,
600B,
or
this
chapter.
11
b.
The
juvenile
court
files
a
notice
of
change
of
custody
12
pursuant
to
section
232.102,
subsection
11,
or
section
232.104,
13
subsection
11.
14
c.
The
parent
obligated
to
pay
support
files
an
application
15
requesting
a
suspension
of
support
in
the
case
in
which
child
16
support
is
ordered.
The
application
shall
identify
the
county
17
and
docket
number
of
the
juvenile
court
proceeding,
and
the
18
date
of
the
dispositional
or
permanency
order,
that
placed
the
19
custody
or
physical
care
of
the
child
with
the
parent
obligated
20
to
pay
support.
An
application
filed
by
a
parent
obligated
to
21
pay
support
shall
also
include
the
names
and
current
addresses
22
of
the
payor
and
payee,
and
shall
attach
a
copy
of
the
notice
of
23
change
of
custody
filed
under
section
232.102,
subsection
11,
24
or
section
232.104,
subsection
11.
25
2.
The
order
suspending
support
shall
be
effective
on
the
26
date
the
next
support
payment
is
due,
and
that
payment
is
27
suspended.
Any
party,
or
child
support
services,
may
file
an
28
objection
to
the
order
suspending
support
within
twenty-one
29
calendar
days
after
the
date
the
order
is
entered.
The
court
30
shall
schedule
a
hearing
on
the
objection
not
later
than
31
fifteen
calendar
days
after
the
date
the
objection
is
filed,
32
and
provide
notice
of
the
hearing
to
the
parties.
Unless
33
otherwise
ordered
by
the
court,
the
ex
parte
order
shall
become
34
final
and
terminate
the
support
obligation
sixty
calendar
days
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following
the
date
the
juvenile
court
proceeding
terminates.
1
3.
The
court
may
enter
an
ex
parte
order
terminating
a
2
suspension
ordered
under
subsection
1
if
all
of
the
following
3
conditions
are
met:
4
a.
The
juvenile
court
returns
the
custody
or
physical
care
5
of
the
child
to
the
parent
who
was
previously
entitled
to
6
receive
support
for
the
child.
7
b.
The
juvenile
court
files
a
notice
of
change
of
custody
8
pursuant
to
section
232.101,
subsection
11,
or
section
232.104,
9
subsection
11,
to
acknowledge
the
change
of
a
child’s
custody
10
back
to
the
person
previously
entitled
to
receive
support
for
11
the
child.
12
c.
The
parent
who
was
previously
entitled
to
receive
support
13
for
the
child,
or
child
support
services,
files
an
application
14
in
the
case
in
which
the
support
was
ordered,
and
then
15
suspended,
to
request
that
the
suspension
be
terminated.
The
16
application
shall
identify
the
county
and
docket
number
of
the
17
juvenile
court
proceeding,
and
the
date
of
the
dispositional
18
or
permanency
order,
that
returned
custody
or
physical
care
of
19
the
child
to
the
person
who
was
previously
entitled
to
receive
20
support
for
the
child.
An
application
filed
by
a
person
who
21
was
previously
entitled
to
receive
support
for
a
child
shall
22
also
include
the
names
and
current
address
of
the
payor
and
23
payee,
and
shall
attach
a
copy
of
the
notice
of
change
of
24
custody
filed
under
section
232.102,
subsection
11,
or
section
25
232.104,
subsection
11,
acknowledging
the
change
of
a
child’s
26
custody
back
to
the
person
previously
entitled
to
receive
27
support
for
the
child.
28
4.
An
order
terminating
the
suspension
of
support
shall
be
29
effective
on
the
date
the
next
support
payment
would
be
due
30
pursuant
to
the
original
support
order,
and
the
suspension
31
of
that
payment
is
terminated.
Any
party,
or
child
support
32
services,
may
file
an
objection
to
the
order
ending
the
33
suspension
of
support
within
twenty-one
calendar
days
of
the
34
date
the
order
is
entered.
The
court
shall
schedule
a
hearing
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on
the
objection
not
later
than
fifteen
calendar
days
after
the
1
date
the
objection
is
filed,
and
provide
notice
of
the
hearing
2
to
the
parties.
3
5.
A
court
shall
waive
any
court
costs
or
filing
fee
for
an
4
application
to
suspend
support,
or
an
application
to
terminate
5
the
suspension
of
support,
filed
under
this
section.
The
6
supreme
court
shall
prescribe
standard
forms
for
parents
to
7
use
under
this
section,
and
shall
distribute
the
forms
to
the
8
clerks
of
the
district
court.
9
6.
Notwithstanding
any
provision
of
law
to
the
contrary,
if
10
a
juvenile
court
order
placing
custody
or
physical
care
of
a
11
child
is
being
used
as
the
basis
for
an
application
or
an
ex
12
parte
order
under
this
section,
the
notice
of
change
of
custody
13
issued
by
the
juvenile
court
pursuant
to
section
232.102,
14
subsection
11,
or
section
232.104,
subsection
11,
shall
be
15
disclosed
upon
request
to
child
support
services
without
a
16
court
order.
17
Sec.
2.
Section
232.102,
Code
2025,
is
amended
by
adding
the
18
following
new
subsection:
19
NEW
SUBSECTION
.
11.
If,
at
the
dispositional
hearing,
20
the
court
transfers
the
custody
or
physical
care
of
a
child
21
to
a
parent
who
is
ordered
to
pay
support
for
the
child,
the
22
juvenile
court
shall,
upon
request
of
the
parent
ordered
to
pay
23
support,
the
parent
owed
support,
or
child
support
services,
24
file
a
notice
of
change
of
custody
so
that
the
payor
may
25
request
a
suspension
of
support
under
section
598.21H,
in
the
26
district
court
case
where
support
was
ordered.
27
a.
The
notice
shall
include
all
of
the
following:
28
(1)
The
child’s
initials
and
year
of
birth.
The
notice
29
shall
not
include
the
child’s
full
name.
30
(2)
A
notice
that,
pursuant
to
a
dispositional
order,
31
the
court
has
transferred
custody
of
the
child,
including
32
an
identification
of
from
whom
custody
of
the
child
was
33
transferred
and
to
whom
custody
of
the
child
was
transferred.
34
(3)
A
notice
that
the
parties
may
request
a
suspension
35
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of
the
current
child
support
obligation
pursuant
to
section
1
598.21H.
2
b.
If
custody
or
physical
care
of
the
child
is
returned
to
3
the
person
who
was
previously
entitled
to
receive
support
for
4
the
child,
the
court
shall
file
a
notice
of
change
of
custody
5
so
that
the
person
who
was
previously
entitled
to
receive
6
support
for
the
child
may
request
an
end
to
a
suspension
of
7
support
under
section
598.21H.
8
Sec.
3.
Section
232.104,
Code
2025,
is
amended
by
adding
the
9
following
new
subsection:
10
NEW
SUBSECTION
.
11.
If,
at
the
dispositional
hearing,
11
the
court
transfers
the
custody
or
physical
care
of
a
child
12
to
a
parent
who
is
ordered
to
pay
support
for
the
child,
the
13
juvenile
court
shall,
upon
request
of
the
parent
ordered
to
pay
14
support,
the
parent
owed
support,
or
child
support
services,
15
file
a
notice
of
change
of
custody
so
that
the
payor
may
16
request
a
suspension
of
support
under
section
598.21H,
in
the
17
district
court
case
where
support
was
ordered.
18
a.
The
notice
shall
include
all
of
the
following:
19
(1)
The
child’s
initials
and
year
of
birth.
The
notice
20
shall
not
include
the
child’s
full
name.
21
(2)
A
notice
that,
pursuant
to
a
dispositional
order,
22
the
court
has
transferred
custody
of
the
child,
including
23
an
identification
of
from
whom
custody
of
the
child
was
24
transferred
and
to
whom
custody
of
the
child
was
transferred.
25
(3)
A
notice
that
the
parties
may
request
a
suspension
26
of
the
current
child
support
obligation
pursuant
to
section
27
598.21H.
28
b.
If
custody
or
physical
care
of
the
child
is
returned
to
29
the
person
who
was
previously
entitled
to
receive
support
for
30
the
child,
the
court
shall
file
a
notice
of
change
of
custody
31
so
that
the
person
who
was
previously
entitled
to
receive
32
support
for
the
child
may
request
an
end
to
a
suspension
of
33
support
under
section
598.21H.
34
EXPLANATION
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The
inclusion
of
this
explanation
does
not
constitute
agreement
with
1
the
explanation’s
substance
by
the
members
of
the
general
assembly.
2
This
bill
relates
to
the
suspension
of
child
support
and
3
medical
support
(support)
in
certain
circumstances.
4
The
bill
allows
a
court
to
enter
an
ex
parte
order
5
suspending
support
if
a
dispositional
or
permanency
order
6
in
juvenile
court
places
the
custody
or
physical
care
of
a
7
child
with
a
parent
who
is
obligated
to
pay
support
for
the
8
child
(supporting
parent);
the
juvenile
court
files
a
notice
9
of
change
of
custody;
and
the
supporting
parent
files
an
10
application
requesting
a
suspension
of
support
in
the
case
in
11
which
child
support
was
ordered.
The
bill
details
required
12
contents
of
the
application,
procedural
requirements
related
to
13
the
application,
and
who
may
object
to
the
application.
The
14
order
is
effective
on
the
date
the
next
support
payment
is
due,
15
and
that
payment
is
suspended.
The
bill
details
the
process
16
of
how
the
parent
previously
entitled
to
receive
support
17
(receiving
parent)
may
apply
to
end
a
suspension
of
the
support
18
if
the
custody
or
physical
care
of
the
child
is
transferred
19
back
to
the
receiving
parent.
20
The
bill
requires
the
court
to
waive
any
court
costs
or
21
filing
fees
for
an
application
to
suspend
support
or
an
22
application
to
terminate
the
suspension
of
support,
and
the
23
bill
requires
the
supreme
court
to
prescribe,
and
distribute
24
to
clerks
of
the
district
court,
standard
forms
for
parents
to
25
use
for
applications
to
suspend
or
terminate
the
suspension
of
26
support.
27
The
bill
requires
a
court
to
enter
a
notice
of
change
of
28
custody
at
a
dispositional
hearing
if
the
custody
or
physical
29
care
of
a
child
is
transferred
to
a
supporting
parent
and
30
the
supporting
parent
makes
a
request
for
a
notice
of
change
31
of
custody.
The
bill
requires
a
court
to
file
a
notice
of
32
change
of
custody
if
custody
or
physical
care
of
the
child
is
33
subsequently
transferred
back
to
the
receiving
parent.
34
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