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Senate File 93 - IntroducedA Bill ForAn Act 1relating to the treatment of veteran disability
2dependent benefits in the determination of a child support
3obligation.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 252H.3, subsection 1, Code 2021, is
2amended to read as follows:
31. Any action initiated under this chapter, including
4any court hearing resulting from an action, shall be limited
5in scope to the adjustment or modification of the child or
6medical support or cost-of-living alteration of the child
7support provisions of a support order. A determination of a
8controlling order is within the scope of this chapter. If the
9social security disability or veteran disability provisions
10of sections 598.22 and 598.22C apply, a determination of the
11amount of delinquent support due is within the scope of this
12chapter.
13 Sec. 2. Section 252H.8, subsection 5, paragraph g, Code
142021, is amended to read as follows:
15g. Copies of any computation worksheet prepared by the
16unit to determine the amount of support calculated using the
17mandatory child support guidelines established under section
18598.21B, and, if appropriate and the social security disability
19or veteran disability provisions of sections 598.22 and 598.22C
20apply, a determination of the amount of delinquent support due.
21 Sec. 3. Section 252H.9, subsection 3, paragraph h, Code
222021, is amended to read as follows:
23h. If applicable, the amount of delinquent support due
24based upon the receipt of social security disability or veteran
25disability payments as provided in sections 598.22 and 598.22C.
26 Sec. 4. Section 252H.14A, subsection 1, paragraph b,
27subparagraph (3), Code 2021, is amended to read as follows:
28(3) The parent is a recipient of disability benefits under
29the Act or is a recipient of veteran disability benefits under
30Tit.38 of the United States Code because of the parent’s
31disability.
32 Sec. 5. Section 252H.16, subsection 1, Code 2021, is amended
33to read as follows:
341. For actions initiated under section 252H.15, the unit
35shall conduct the review and determine whether an adjustment is
-1-1appropriate. As necessary, the unit shall make a determination
2of the controlling order or the amount of delinquent support
3due based upon the receipt of social security disability or
4veteran disability payments as provided in sections 598.22 and
5598.22C.
6 Sec. 6. Section 252H.22, subsection 6, Code 2021, is amended
7to read as follows:
86. The support order is not subject to the social security
9disability or veteran disability provisions pursuant to
10sections 598.22 and 598.22C.
11 Sec. 7. Section 598.21B, subsection 2, paragraph b,
12subparagraph (3), Code 2021, is amended to read as follows:
13(3) For the purposes of including a child’s dependent
14benefit in calculating a support obligation under this section
15for a child whose parent has been awarded disability benefits
16under the federal Social Security Act or under Tit.38 of the
17United States Code, the provisions of section 598.22C shall
18apply.
19 Sec. 8. Section 598.22, subsection 1, Code 2021, is amended
20to read as follows:
211. Except as otherwise provided in section 598.22A,
22this section applies to all initial or modified orders for
23support entered under this chapter, chapter 234, 252A, 252C,
24252F, 600B, or any other chapter of the Code. All orders
25or judgments entered under chapter 234, 252A, 252C, 252F, or
26600B, or under this chapter or any other chapter which provide
27for temporary or permanent support payments shall direct the
28payment of those sums to the clerk of the district court or the
29collection services center in accordance with section 252B.14,
30or as appropriate, a comparable government entity in another
31state as provided in chapter 252K for the use of the person for
32whom the payments have been awarded. All income withholding
33payments shall be directed to the collection services center,
34or as appropriate, a comparable government entity in another
35state as provided in chapter 252K. Payments to persons other
-2-1than the clerk of the district court, the collection services
2center, or as appropriate, a comparable government entity in
3another state as provided in chapter 252K do not satisfy the
4support obligations created by the orders or judgments, except
5as provided for trusts governed by the federal Retirement
6Equity Act of 1984, Pub.L. No.98-397, for tax refunds or
7rebates in section 602.8102, subsection 47, or for dependent
8benefits paid to the child support obligee as the result of
9disability benefits awarded to the child support obligor under
10the federal Social Security Act or under Tit.38 of the United
11States Code. For trusts governed by the federal Retirement
12Equity Act of 1984, Pub.L. No.98-397, the order for income
13withholding or notice of the order for income withholding shall
14require the payment of such sums to the alternate payee in
15accordance with the federal Act. For dependent benefits paid
16to the child support obligee as a result of disability benefits
17awarded to the child support obligor under the federal Social
18Security Act or under Tit.38 of the United States Code, the
19provisions of section 598.22C shall apply.
20 Sec. 9. Section 598.22C, Code 2021, is amended to read as
21follows:
22598.22C Child support — social security and veteran
23 disability dependent benefits.
24If dependent benefits are paid for a child as a result of
25disability benefits awarded to the child’s parent under the
26federal Social Security Act or under Tit.38 of the United
27States Code, all of the following shall apply:
281. Unless the court otherwise provides, dependent benefits
29paid to the child support obligee as a result of disability
30benefits awarded to the child support obligor fully satisfy and
31substitute for the support obligations for the same period of
32time for which the benefits are awarded.
332. For the purposes of calculating a support obligation
34under section 598.21B, the dependent benefits paid for any
35child shall be included as income to the disabled parent.
-3- 13. a. Any order or judgment for support for a child for
2whom social security disability benefits or veteran disability
3benefits are paid to the child support obligee as a result of
4disability benefits awarded to the child support obligor shall
5include all of the following:
6(1) The dollar amount of the child support obligation
7as calculated by application of the guidelines under section
8598.21B, and a statement that the social security dependent
9benefits or veteran disability dependent benefits are included
10as income to the obligor in that calculation.
11(2) The dollar amount of the social security dependent
12benefits or veteran disability dependent benefits paid to the
13obligee which shall be dollar-for-dollar satisfaction of the
14obligor’s child support obligation.
15(3) The dollar amount, if any, the obligor shall pay
16after application of the social security dependent benefits
17or veteran disability dependent benefits as a credit to or
18dollar-for-dollar satisfaction of the child support obligation.
19b. The amount of the child support obligation stated in the
20order, and the amount the obligor shall pay after application
21of the social security disability dependent benefit credit or
22satisfaction or veteran disability dependent benefit credit
23or satisfaction stated in the order, shall continue until
24modified, as provided in section 598.21C.
254. The amount of any child support obligation satisfied
26under this section based upon the receipt of dependent benefits
27paid to the child support obligee as a result of disability
28benefits awarded to the child support obligor shall not be
29considered delinquent.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
33This bill relates to the treatment of veteran disability
34dependent benefits in determining a child support obligation.
35The bill provides that veteran disability dependent
-4-1benefits shall be treated in the same manner as social security
2dependent (SSD) benefits are treated under current law. Under
3current law, if a child receives SSD benefits as the result of
4a parent’s disability, the payment amount is to be included
5as income to the parent when calculating the amount of child
6support. After calculating the amount of child support, if
7the disabled parent is the obligor, the obligor’s support
8obligation is then to be credited, dollar-for-dollar, in
9the amount of the SSD payment made to the dependent, with
10any remaining obligation amount to be paid by the obligor.
11Unless the court otherwise provides, dependent benefits
12paid to the child support obligee as a result of disability
13benefits awarded to the child support obligor fully satisfy and
14substitute for the support obligations for the same period of
15time for which the benefits are awarded, until such time as the
16child support order is modified.
17The bill also makes conforming changes including those
18in Code chapter 252H (adjustment and modification of
19support orders) to allow the child support recovery unit
20(CSRU) to include a determination of arrearages in veteran
21disability-related modification orders, as is the case with
22SSD-related modification orders, to provide a way for a parent
23and CSRU to determine if any arrearages are due to the change
24in the law.
-5-pf/rh
2dependent benefits in the determination of a child support
3obligation.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 252H.3, subsection 1, Code 2021, is
2amended to read as follows:
31. Any action initiated under this chapter, including
4any court hearing resulting from an action, shall be limited
5in scope to the adjustment or modification of the child or
6medical support or cost-of-living alteration of the child
7support provisions of a support order. A determination of a
8controlling order is within the scope of this chapter. If the
9social security disability or veteran disability provisions
10of sections 598.22 and 598.22C apply, a determination of the
11amount of delinquent support due is within the scope of this
12chapter.
13 Sec. 2. Section 252H.8, subsection 5, paragraph g, Code
142021, is amended to read as follows:
15g. Copies of any computation worksheet prepared by the
16unit to determine the amount of support calculated using the
17mandatory child support guidelines established under section
18598.21B, and, if appropriate and the social security disability
19or veteran disability provisions of sections 598.22 and 598.22C
20apply, a determination of the amount of delinquent support due.
21 Sec. 3. Section 252H.9, subsection 3, paragraph h, Code
222021, is amended to read as follows:
23h. If applicable, the amount of delinquent support due
24based upon the receipt of social security disability or veteran
25disability payments as provided in sections 598.22 and 598.22C.
26 Sec. 4. Section 252H.14A, subsection 1, paragraph b,
27subparagraph (3), Code 2021, is amended to read as follows:
28(3) The parent is a recipient of disability benefits under
29the Act or is a recipient of veteran disability benefits under
30Tit.38 of the United States Code because of the parent’s
31disability.
32 Sec. 5. Section 252H.16, subsection 1, Code 2021, is amended
33to read as follows:
341. For actions initiated under section 252H.15, the unit
35shall conduct the review and determine whether an adjustment is
-1-1appropriate. As necessary, the unit shall make a determination
2of the controlling order or the amount of delinquent support
3due based upon the receipt of social security disability or
4veteran disability payments as provided in sections 598.22 and
5598.22C.
6 Sec. 6. Section 252H.22, subsection 6, Code 2021, is amended
7to read as follows:
86. The support order is not subject to the social security
9disability or veteran disability provisions pursuant to
10sections 598.22 and 598.22C.
11 Sec. 7. Section 598.21B, subsection 2, paragraph b,
12subparagraph (3), Code 2021, is amended to read as follows:
13(3) For the purposes of including a child’s dependent
14benefit in calculating a support obligation under this section
15for a child whose parent has been awarded disability benefits
16under the federal Social Security Act or under Tit.38 of the
17United States Code, the provisions of section 598.22C shall
18apply.
19 Sec. 8. Section 598.22, subsection 1, Code 2021, is amended
20to read as follows:
211. Except as otherwise provided in section 598.22A,
22this section applies to all initial or modified orders for
23support entered under this chapter, chapter 234, 252A, 252C,
24252F, 600B, or any other chapter of the Code. All orders
25or judgments entered under chapter 234, 252A, 252C, 252F, or
26600B, or under this chapter or any other chapter which provide
27for temporary or permanent support payments shall direct the
28payment of those sums to the clerk of the district court or the
29collection services center in accordance with section 252B.14,
30or as appropriate, a comparable government entity in another
31state as provided in chapter 252K for the use of the person for
32whom the payments have been awarded. All income withholding
33payments shall be directed to the collection services center,
34or as appropriate, a comparable government entity in another
35state as provided in chapter 252K. Payments to persons other
-2-1than the clerk of the district court, the collection services
2center, or as appropriate, a comparable government entity in
3another state as provided in chapter 252K do not satisfy the
4support obligations created by the orders or judgments, except
5as provided for trusts governed by the federal Retirement
6Equity Act of 1984, Pub.L. No.98-397, for tax refunds or
7rebates in section 602.8102, subsection 47, or for dependent
8benefits paid to the child support obligee as the result of
9disability benefits awarded to the child support obligor under
10the federal Social Security Act or under Tit.38 of the United
11States Code. For trusts governed by the federal Retirement
12Equity Act of 1984, Pub.L. No.98-397, the order for income
13withholding or notice of the order for income withholding shall
14require the payment of such sums to the alternate payee in
15accordance with the federal Act. For dependent benefits paid
16to the child support obligee as a result of disability benefits
17awarded to the child support obligor under the federal Social
18Security Act or under Tit.38 of the United States Code, the
19provisions of section 598.22C shall apply.
20 Sec. 9. Section 598.22C, Code 2021, is amended to read as
21follows:
22598.22C Child support — social security and veteran
23 disability dependent benefits.
24If dependent benefits are paid for a child as a result of
25disability benefits awarded to the child’s parent under the
26federal Social Security Act or under Tit.38 of the United
27States Code, all of the following shall apply:
281. Unless the court otherwise provides, dependent benefits
29paid to the child support obligee as a result of disability
30benefits awarded to the child support obligor fully satisfy and
31substitute for the support obligations for the same period of
32time for which the benefits are awarded.
332. For the purposes of calculating a support obligation
34under section 598.21B, the dependent benefits paid for any
35child shall be included as income to the disabled parent.
-3- 13. a. Any order or judgment for support for a child for
2whom social security disability benefits or veteran disability
3benefits are paid to the child support obligee as a result of
4disability benefits awarded to the child support obligor shall
5include all of the following:
6(1) The dollar amount of the child support obligation
7as calculated by application of the guidelines under section
8598.21B, and a statement that the social security dependent
9benefits or veteran disability dependent benefits are included
10as income to the obligor in that calculation.
11(2) The dollar amount of the social security dependent
12benefits or veteran disability dependent benefits paid to the
13obligee which shall be dollar-for-dollar satisfaction of the
14obligor’s child support obligation.
15(3) The dollar amount, if any, the obligor shall pay
16after application of the social security dependent benefits
17or veteran disability dependent benefits as a credit to or
18dollar-for-dollar satisfaction of the child support obligation.
19b. The amount of the child support obligation stated in the
20order, and the amount the obligor shall pay after application
21of the social security disability dependent benefit credit or
22satisfaction or veteran disability dependent benefit credit
23or satisfaction stated in the order, shall continue until
24modified, as provided in section 598.21C.
254. The amount of any child support obligation satisfied
26under this section based upon the receipt of dependent benefits
27paid to the child support obligee as a result of disability
28benefits awarded to the child support obligor shall not be
29considered delinquent.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
33This bill relates to the treatment of veteran disability
34dependent benefits in determining a child support obligation.
35The bill provides that veteran disability dependent
-4-1benefits shall be treated in the same manner as social security
2dependent (SSD) benefits are treated under current law. Under
3current law, if a child receives SSD benefits as the result of
4a parent’s disability, the payment amount is to be included
5as income to the parent when calculating the amount of child
6support. After calculating the amount of child support, if
7the disabled parent is the obligor, the obligor’s support
8obligation is then to be credited, dollar-for-dollar, in
9the amount of the SSD payment made to the dependent, with
10any remaining obligation amount to be paid by the obligor.
11Unless the court otherwise provides, dependent benefits
12paid to the child support obligee as a result of disability
13benefits awarded to the child support obligor fully satisfy and
14substitute for the support obligations for the same period of
15time for which the benefits are awarded, until such time as the
16child support order is modified.
17The bill also makes conforming changes including those
18in Code chapter 252H (adjustment and modification of
19support orders) to allow the child support recovery unit
20(CSRU) to include a determination of arrearages in veteran
21disability-related modification orders, as is the case with
22SSD-related modification orders, to provide a way for a parent
23and CSRU to determine if any arrearages are due to the change
24in the law.
-5-pf/rh