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House File 416 - IntroducedA Bill ForAn Act 1relating to support of a child including support
2relative to the child’s completion of high school graduation
3or equivalency requirements.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 239B.1, subsection 3, Code 2021, is
2amended to read as follows:
33. “Child” means an unmarried person who is less than
4eighteen years of age or an unmarried person who is eighteen
5years of age and is engaged full-time in completing high school
6graduation or equivalency requirements in a manner which
7is so long as such full-time engagement is continuous and
8 reasonably expected to result in completion of the requirements
9prior to the person reaching nineteen years of age, until the
10person reaches nineteen years of age or completes high school
11graduation or equivalency requirements, whichever occurs first.
12 Sec. 2. Section 252A.3, subsections 2 and 11, Code 2021, are
13amended to read as follows:
142. A parent is liable for the support of the parent’s
15child or children under eighteen years of age, whenever the
16other parent of such child or children is dead, or cannot be
17found, or is incapable of supporting the child or children,
18and, if the liable parent is possessed of sufficient means
19or able to earn the means. The court having jurisdiction of
20the respondent in a proceeding instituted under this chapter
21shall establish the respondent’s monthly support payment and
22the amount of the support debt accrued and accruing pursuant
23to section 598.21B. The support obligation shall include
24support of a parent’s child between the ages of eighteen and
25nineteen years if the child is engaged full-time in completing
26high school graduation or equivalency requirements in a manner
27which is so long as such full-time engagement is continuous and
28 reasonably expected to result in completion of the requirements
29prior to the person reaching, until the person reaches nineteen
30years of age or completes high school graduation or equivalency
31requirements, whichever occurs first.
3211. If paternity of a child born out of wedlock is
33established as provided in subsection 10, the court shall
34establish the respondent’s monthly support payment and the
35amount of the support debt accrued and accruing pursuant to
-1-1section 598.21B. The support obligation shall include support
2of the child between the ages of eighteen and nineteen years
3 if the child is engaged full-time in completing high school
4graduation or equivalency requirements in a manner which is so
5long as such full-time engagement is continuous and reasonably
6expected to result in completion of the requirements prior to
7the person reaching, until the person reaches nineteen years
8of age or completes high school graduation or equivalency
9requirements, whichever occurs first.
10 Sec. 3. Section 252F.1, subsection 2, Code 2021, is amended
11to read as follows:
122. “Child” means a person who is less than age eighteen or
13a person who is age eighteen but less than age nineteen and
14 is engaged full-time in completing high school graduation or
15equivalency requirements in a manner which is so long as such
16full-time engagement is continuous and reasonably expected to
17result in completion of the requirements prior to the person
18reaching age nineteen, until the person reaches nineteen years
19of age or completes high school graduation or equivalency
20requirements, whichever occurs first.
21 Sec. 4. Section 252H.12, subsection 2, Code 2021, is amended
22to read as follows:
232. The support order provides for the ongoing support of at
24least one child under the age of eighteen or a child between
25the ages of eighteen and nineteen who has not yet graduated
26from high school but who is engaged full-time in completing
27high school graduation or equivalency requirements so long as
28such full-time engagement is continuous and reasonably expected
29to graduate from high school before attaining the age of result
30in completion of the requirements, until the person reaches
31 nineteen years of age or completes high school graduation or
32equivalency requirements, whichever occurs first.
33 Sec. 5. Section 252H.22, subsection 2, Code 2021, is amended
34to read as follows:
352. The support order provides for the ongoing support of at
-2-1least one child under the age of eighteen or a child between
2the ages of eighteen and nineteen who has not yet graduated
3from high school but who is engaged full-time in completing
4high school graduation or equivalency requirements so long as
5such full-time engagement is continuous and reasonably expected
6to graduate from high school before attaining the age of result
7in completion of the requirements, until the person reaches
8 nineteen years of age or completes high school graduation or
9equivalency requirements, whichever occurs first.
10 Sec. 6. Section 598.1, subsection 9, Code 2021, is amended
11to read as follows:
129. “Support” or “support payments” means an amount which
13the court may require either of the parties to pay under a
14temporary order or a final judgment or decree, and may include
15alimony, child support, maintenance, and any other term used
16to describe these obligations. For orders entered on or after
17July 1, 1990, unless the court specifically orders otherwise,
18medical support is not included in the monetary amount of child
19support. The For orders entered on or after July 1, 2021,
20 obligations shall include support for a child who is between
21 until the ages of child reaches eighteen and nineteen years who
22 of age, or for a child who is engaged full-time in completing
23high school graduation or equivalency requirements in a manner
24which so long as such full-time engagement is continuous and
25 reasonably expected to result in completion of the requirements
26prior to, until the person reaching child reaches nineteen
27years of age or completes high school graduation or equivalency
28requirements, whichever occurs first; and may include support
29for a child of any age who is dependent on the parties to
30the dissolution proceedings because of physical or mental
31disability.
32 Sec. 7. Section 600B.25, subsection 1, Code 2021, is amended
33to read as follows:
341. Upon a finding of paternity pursuant to section 600B.24,
35the court shall establish the father’s monthly support payment
-3-1and the amount of the support debt accrued or accruing pursuant
2to section 598.21B. The support obligation shall include
3support of the child between the ages of eighteen and nineteen
4years if the child is engaged full-time in completing high
5school graduation or equivalency requirements in a manner which
6is so long as such full-time engagement is continuous and
7 reasonably expected to result in completion of the requirements
8prior to the person reaching nineteen years of age, until the
9person reaches nineteen years of age or completes high school
10graduation or equivalency requirements, whichever occurs first.
11The court may order the father to pay amounts the court deems
12appropriate for the past support and maintenance of the child
13and for the reasonable and necessary expenses incurred by or
14for the mother in connection with prenatal care, the birth of
15the child, and postnatal care of the child and the mother, and
16other medical support as defined in section 252E.1. The court
17may award the prevailing party the reasonable costs of suit,
18including but not limited to reasonable attorney fees.
19EXPLANATION
20The inclusion of this explanation does not constitute agreement with
21the explanation’s substance by the members of the general assembly.
22This bill provides that the definition of “support” or
23“support payments” for orders entered on or after July 1,
242021, includes obligations for support of a child until age
2518, or for a child who is engaged full-time in completing high
26school graduation or equivalency requirements so long as such
27full-time engagement is continuous and reasonably expected
28to result in completion of the requirements, until the child
29reaches 19 years of age or completes high school graduation or
30equivalency requirements, whichever occurs first. Current law
31provides that the obligations for support or support payments
32include support for a child who is between the ages of 18 and
3319 years who is engaged full-time in completing high school
34graduation or equivalency requirements in a manner which is
35reasonably likely expected to result in completion of the
-4-1requirements prior to the person reaching 19 years of age.
2The bill makes conforming changes throughout the Code to
3reflect changes in the definition of “support” or “support
4payments” in the bill.
-5-pf/rh
2relative to the child’s completion of high school graduation
3or equivalency requirements.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 239B.1, subsection 3, Code 2021, is
2amended to read as follows:
33. “Child” means an unmarried person who is less than
4eighteen years of age or an unmarried person who is eighteen
5years of age and is engaged full-time in completing high school
6graduation or equivalency requirements in a manner which
7is so long as such full-time engagement is continuous and
8 reasonably expected to result in completion of the requirements
9prior to the person reaching nineteen years of age, until the
10person reaches nineteen years of age or completes high school
11graduation or equivalency requirements, whichever occurs first.
12 Sec. 2. Section 252A.3, subsections 2 and 11, Code 2021, are
13amended to read as follows:
142. A parent is liable for the support of the parent’s
15child or children under eighteen years of age, whenever the
16other parent of such child or children is dead, or cannot be
17found, or is incapable of supporting the child or children,
18and, if the liable parent is possessed of sufficient means
19or able to earn the means. The court having jurisdiction of
20the respondent in a proceeding instituted under this chapter
21shall establish the respondent’s monthly support payment and
22the amount of the support debt accrued and accruing pursuant
23to section 598.21B. The support obligation shall include
24support of a parent’s child between the ages of eighteen and
25nineteen years if the child is engaged full-time in completing
26high school graduation or equivalency requirements in a manner
27which is so long as such full-time engagement is continuous and
28 reasonably expected to result in completion of the requirements
29prior to the person reaching, until the person reaches nineteen
30years of age or completes high school graduation or equivalency
31requirements, whichever occurs first.
3211. If paternity of a child born out of wedlock is
33established as provided in subsection 10, the court shall
34establish the respondent’s monthly support payment and the
35amount of the support debt accrued and accruing pursuant to
-1-1section 598.21B. The support obligation shall include support
2of the child between the ages of eighteen and nineteen years
3 if the child is engaged full-time in completing high school
4graduation or equivalency requirements in a manner which is so
5long as such full-time engagement is continuous and reasonably
6expected to result in completion of the requirements prior to
7the person reaching, until the person reaches nineteen years
8of age or completes high school graduation or equivalency
9requirements, whichever occurs first.
10 Sec. 3. Section 252F.1, subsection 2, Code 2021, is amended
11to read as follows:
122. “Child” means a person who is less than age eighteen or
13a person who is age eighteen but less than age nineteen and
14 is engaged full-time in completing high school graduation or
15equivalency requirements in a manner which is so long as such
16full-time engagement is continuous and reasonably expected to
17result in completion of the requirements prior to the person
18reaching age nineteen, until the person reaches nineteen years
19of age or completes high school graduation or equivalency
20requirements, whichever occurs first.
21 Sec. 4. Section 252H.12, subsection 2, Code 2021, is amended
22to read as follows:
232. The support order provides for the ongoing support of at
24least one child under the age of eighteen or a child between
25the ages of eighteen and nineteen who has not yet graduated
26from high school but who is engaged full-time in completing
27high school graduation or equivalency requirements so long as
28such full-time engagement is continuous and reasonably expected
29to graduate from high school before attaining the age of result
30in completion of the requirements, until the person reaches
31 nineteen years of age or completes high school graduation or
32equivalency requirements, whichever occurs first.
33 Sec. 5. Section 252H.22, subsection 2, Code 2021, is amended
34to read as follows:
352. The support order provides for the ongoing support of at
-2-1least one child under the age of eighteen or a child between
2the ages of eighteen and nineteen who has not yet graduated
3from high school but who is engaged full-time in completing
4high school graduation or equivalency requirements so long as
5such full-time engagement is continuous and reasonably expected
6to graduate from high school before attaining the age of result
7in completion of the requirements, until the person reaches
8 nineteen years of age or completes high school graduation or
9equivalency requirements, whichever occurs first.
10 Sec. 6. Section 598.1, subsection 9, Code 2021, is amended
11to read as follows:
129. “Support” or “support payments” means an amount which
13the court may require either of the parties to pay under a
14temporary order or a final judgment or decree, and may include
15alimony, child support, maintenance, and any other term used
16to describe these obligations. For orders entered on or after
17July 1, 1990, unless the court specifically orders otherwise,
18medical support is not included in the monetary amount of child
19support. The For orders entered on or after July 1, 2021,
20 obligations shall include support for a child who is between
21 until the ages of child reaches eighteen and nineteen years who
22 of age, or for a child who is engaged full-time in completing
23high school graduation or equivalency requirements in a manner
24which so long as such full-time engagement is continuous and
25 reasonably expected to result in completion of the requirements
26prior to, until the person reaching child reaches nineteen
27years of age or completes high school graduation or equivalency
28requirements, whichever occurs first; and may include support
29for a child of any age who is dependent on the parties to
30the dissolution proceedings because of physical or mental
31disability.
32 Sec. 7. Section 600B.25, subsection 1, Code 2021, is amended
33to read as follows:
341. Upon a finding of paternity pursuant to section 600B.24,
35the court shall establish the father’s monthly support payment
-3-1and the amount of the support debt accrued or accruing pursuant
2to section 598.21B. The support obligation shall include
3support of the child between the ages of eighteen and nineteen
4years if the child is engaged full-time in completing high
5school graduation or equivalency requirements in a manner which
6is so long as such full-time engagement is continuous and
7 reasonably expected to result in completion of the requirements
8prior to the person reaching nineteen years of age, until the
9person reaches nineteen years of age or completes high school
10graduation or equivalency requirements, whichever occurs first.
11The court may order the father to pay amounts the court deems
12appropriate for the past support and maintenance of the child
13and for the reasonable and necessary expenses incurred by or
14for the mother in connection with prenatal care, the birth of
15the child, and postnatal care of the child and the mother, and
16other medical support as defined in section 252E.1. The court
17may award the prevailing party the reasonable costs of suit,
18including but not limited to reasonable attorney fees.
19EXPLANATION
20The inclusion of this explanation does not constitute agreement with
21the explanation’s substance by the members of the general assembly.
22This bill provides that the definition of “support” or
23“support payments” for orders entered on or after July 1,
242021, includes obligations for support of a child until age
2518, or for a child who is engaged full-time in completing high
26school graduation or equivalency requirements so long as such
27full-time engagement is continuous and reasonably expected
28to result in completion of the requirements, until the child
29reaches 19 years of age or completes high school graduation or
30equivalency requirements, whichever occurs first. Current law
31provides that the obligations for support or support payments
32include support for a child who is between the ages of 18 and
3319 years who is engaged full-time in completing high school
34graduation or equivalency requirements in a manner which is
35reasonably likely expected to result in completion of the
-4-1requirements prior to the person reaching 19 years of age.
2The bill makes conforming changes throughout the Code to
3reflect changes in the definition of “support” or “support
4payments” in the bill.
-5-pf/rh