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Senate File 386 - IntroducedA Bill ForAn Act 1prohibiting a court from ordering payment of a
2postsecondary education subsidy for a child under a
3dissolution of marriage temporary order or final judgment or
4decree, and providing for application to existing orders,
5judgments, and decrees.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 252D.16, subsection 3, Code 2023, is
2amended to read as follows:
33. “Support” or “support payments” means any amount which
4the court or administrative agency may require a person to pay
5for the benefit of a child under a temporary order or a final
6judgment or decree entered under chapter 232, 234, 252A, 252C,
7252F, 252H, 598, 600B, or any other comparable chapter, and may
8include child support, maintenance, medical support as defined
9in chapter 252E, spousal support, and any other term used to
10describe these obligations. These obligations may include
11support for a child of any age who is dependent on the parties
12to the dissolution proceedings because of physical or mental
13disability. The obligations may include support for a child
14eighteen or more years of age with respect to whom a child
15support order has been issued pursuant to the laws of another
16state or foreign country. These obligations shall not include
17amounts for a postsecondary education subsidy as defined in
18section 598.1.
19 Sec. 2. Section 598.1, subsection 8, Code 2023, is amended
20to read as follows:
218. “Postsecondary education subsidy” means an amount which
22either of the parties may be required to pay under a temporary
23order or final judgment or decree for educational expenses of
24a child who is between the ages of eighteen and twenty-two
25years if the child is regularly attending a course of career
26and technical training either as a part of a regular school
27program or under special arrangements adapted to the individual
28person’s needs; or is, in good faith, a full-time student in a
29college, university, or community college; or has been accepted
30for admission to a college, university, or community college
31and the next regular term has not yet begun.
32 Sec. 3. Section 598.21F, Code 2023, is amended by striking
33the section and inserting in lieu thereof the following:
34598.21F Postsecondary education subsidy.
35The court shall not order either of the parties to pay a
-1-1postsecondary education subsidy under a temporary order or
2final judgment or decree.
3 Sec. 4. Section 600.11, subsection 2, paragraph a,
4subparagraph (6), Code 2023, is amended to read as follows:
5(6) A person who is ordered to pay support or a
6postsecondary education subsidy pursuant to section 598.21F, or
7 chapter 234, 252A, 252C, 252F, 598, 600B, or any other chapter
8of the Code, for a person eighteen years of age or older who is
9being adopted by a stepparent, and the support order or order
10requires payment of support or postsecondary education subsidy
11 for any period of time after the child reaches eighteen years
12of age.
13 Sec. 5. Section 714I.4, subsection 3, paragraph a,
14subparagraph (1), Code 2023, is amended to read as follows:
15(1) If the health care professional used the health care
16professional’s own human reproductive material for assisted
17reproduction in violation of section 714I.3, subsection 2,
18the health care professional is determined through blood or
19genetic testing to be a biological parent as defined in section
20600A.2 of the child, and the action is brought within the time
21limitations specified in section 614.8, damages in an amount
22that is the sum of all of the following:
23(a) The basic support obligation prescribed by the child
24support guidelines established pursuant to section 598.21B
25based on the health care professional’s monthly adjusted net
26income for the time period specified for support for a child
27under section 598.1, subsection 9.
28(b) Medical support as defined in section 252E.1.
29(c) A postsecondary education subsidy as defined in section
30598.1.
31(d) (c) Such other sums as described in section 252A.3,
32subsection 12, giving due regard to the circumstances of the
33plaintiff.
34 Sec. 6. APPLICABILITY. This Act applies to a support order,
35decree, or judgment entered or pending on or after July 1,
-2-12023. This Act shall not be the basis for modification of an
2order, decree, or judgment entered before July 1, 2023, that
3provides for a postsecondary education subsidy.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
7This bill eliminates the current option for a court to order
8a postsecondary education subsidy and instead prohibits a
9court from ordering the payment of a postsecondary education
10subsidy by parties to a dissolution of marriage. The bill also
11provides that the bill applies to a support order, decree, or
12judgment entered or pending on or after July 1, 2023, and that
13the bill shall not be the basis for modification of an order,
14decree, or judgment entered before July 1, 2023, that provides
15for a postsecondary education subsidy.
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2postsecondary education subsidy for a child under a
3dissolution of marriage temporary order or final judgment or
4decree, and providing for application to existing orders,
5judgments, and decrees.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 252D.16, subsection 3, Code 2023, is
2amended to read as follows:
33. “Support” or “support payments” means any amount which
4the court or administrative agency may require a person to pay
5for the benefit of a child under a temporary order or a final
6judgment or decree entered under chapter 232, 234, 252A, 252C,
7252F, 252H, 598, 600B, or any other comparable chapter, and may
8include child support, maintenance, medical support as defined
9in chapter 252E, spousal support, and any other term used to
10describe these obligations. These obligations may include
11support for a child of any age who is dependent on the parties
12to the dissolution proceedings because of physical or mental
13disability. The obligations may include support for a child
14eighteen or more years of age with respect to whom a child
15support order has been issued pursuant to the laws of another
16state or foreign country. These obligations shall not include
17amounts for a postsecondary education subsidy as defined in
18section 598.1.
19 Sec. 2. Section 598.1, subsection 8, Code 2023, is amended
20to read as follows:
218. “Postsecondary education subsidy” means an amount which
22either of the parties may be required to pay under a temporary
23order or final judgment or decree for educational expenses of
24a child who is between the ages of eighteen and twenty-two
25years if the child is regularly attending a course of career
26and technical training either as a part of a regular school
27program or under special arrangements adapted to the individual
28person’s needs; or is, in good faith, a full-time student in a
29college, university, or community college; or has been accepted
30for admission to a college, university, or community college
31and the next regular term has not yet begun.
32 Sec. 3. Section 598.21F, Code 2023, is amended by striking
33the section and inserting in lieu thereof the following:
34598.21F Postsecondary education subsidy.
35The court shall not order either of the parties to pay a
-1-1postsecondary education subsidy under a temporary order or
2final judgment or decree.
3 Sec. 4. Section 600.11, subsection 2, paragraph a,
4subparagraph (6), Code 2023, is amended to read as follows:
5(6) A person who is ordered to pay support or a
6postsecondary education subsidy pursuant to section 598.21F, or
7 chapter 234, 252A, 252C, 252F, 598, 600B, or any other chapter
8of the Code, for a person eighteen years of age or older who is
9being adopted by a stepparent, and the support order or order
10requires payment of support or postsecondary education subsidy
11 for any period of time after the child reaches eighteen years
12of age.
13 Sec. 5. Section 714I.4, subsection 3, paragraph a,
14subparagraph (1), Code 2023, is amended to read as follows:
15(1) If the health care professional used the health care
16professional’s own human reproductive material for assisted
17reproduction in violation of section 714I.3, subsection 2,
18the health care professional is determined through blood or
19genetic testing to be a biological parent as defined in section
20600A.2 of the child, and the action is brought within the time
21limitations specified in section 614.8, damages in an amount
22that is the sum of all of the following:
23(a) The basic support obligation prescribed by the child
24support guidelines established pursuant to section 598.21B
25based on the health care professional’s monthly adjusted net
26income for the time period specified for support for a child
27under section 598.1, subsection 9.
28(b) Medical support as defined in section 252E.1.
29(c) A postsecondary education subsidy as defined in section
30598.1.
31(d) (c) Such other sums as described in section 252A.3,
32subsection 12, giving due regard to the circumstances of the
33plaintiff.
34 Sec. 6. APPLICABILITY. This Act applies to a support order,
35decree, or judgment entered or pending on or after July 1,
-2-12023. This Act shall not be the basis for modification of an
2order, decree, or judgment entered before July 1, 2023, that
3provides for a postsecondary education subsidy.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
7This bill eliminates the current option for a court to order
8a postsecondary education subsidy and instead prohibits a
9court from ordering the payment of a postsecondary education
10subsidy by parties to a dissolution of marriage. The bill also
11provides that the bill applies to a support order, decree, or
12judgment entered or pending on or after July 1, 2023, and that
13the bill shall not be the basis for modification of an order,
14decree, or judgment entered before July 1, 2023, that provides
15for a postsecondary education subsidy.
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