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House File 253 - IntroducedA Bill ForAn Act 1relating to proceedings and actions regarding paternity
2and the obligation for support.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 600B.37, Code 2017, is amended to read
2as follows:
3600B.37 Contempt.
4If the father a party fails to comply with or violates the
5terms or conditions of a support an order made pursuant to the
6provisions of this chapter, the father party shall be held in
7contempt and punished by the court in the same manner and to
8the same extent as is provided by law for a contempt of such
9court in any other suit or proceeding cognizable by such court.
10 Sec. 2. NEW SECTION. 600B.37A Action for default or
11contempt — costs.
12If an action is brought on the grounds that a party to an
13order made pursuant to this chapter is in default or contempt
14of the order, and the court determines that the party is in
15default or contempt of the order, the costs of the proceeding,
16including reasonable attorney fees, may be taxed against that
17party.
18 Sec. 3. Section 600B.40, Code 2017, is amended to read as
19follows:
20600B.40 Custody and visitation.
211. The mother of a child born out of wedlock whose paternity
22has not been acknowledged and who has not been adopted has sole
23custody of the child unless the court orders otherwise. If a
24judgment of paternity is entered, the father may petition for
25rights of visitation or custody in the same paternity action or
26in an equity proceeding separate from any action to establish
27paternity.
282. In determining the visitation or custody arrangements
29of a child born out of wedlock, if a judgment of paternity is
30entered and the mother of the child has not been awarded sole
31custody, section 598.41 shall apply to the determination, as
32applicable, and the court shall consider the factors specified
33in section 598.41, subsection 3, including but not limited to
34the factor related to a parent’s history of domestic abuse.
353. In a proceeding under this chapter to determine custody
-1-1or visitation or to modify a custody or visitation order,
2section 598.15 shall apply to the parties.
3EXPLANATION
4The inclusion of this explanation does not constitute agreement with
5the explanation’s substance by the members of the general assembly.
6This bill relates to paternity and the obligation of support
7under Code chapter 600B.
8The bill amends the Code section that requires a father who
9fails to comply with or violates the terms or conditions of a
10support order to be punished in the same manner and to the same
11extent as provided by law for a contempt of the court in any
12other suit or proceeding, to instead apply to a party, not only
13a father, who fails to comply with or violates an order, not
14only a support order, made pursuant to the provisions of the
15Code chapter.
16The bill also provides that when an action is brought on the
17grounds that a party is in contempt or default of an order made
18pursuant to the Code chapter, and the court determines that the
19party is in contempt or default of the order, the costs of the
20proceeding, including reasonable attorney fees, may be taxed
21against that party.
22The bill also amends the custody and visitation provisions
23under Code chapter 600B, to provide that in a proceeding under
24the Code chapter to determine custody or visitation or to
25modify a custody or visitation order, the provision under Code
26section 598.15, relating to the mandatory participation by the
27parties in a court-approved course to educate and sensitize
28the parties to the needs of any child or party during and
29subsequent to the proceeding, is applicable to the parties.
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2and the obligation for support.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 600B.37, Code 2017, is amended to read
2as follows:
3600B.37 Contempt.
4If the father a party fails to comply with or violates the
5terms or conditions of a support an order made pursuant to the
6provisions of this chapter, the father party shall be held in
7contempt and punished by the court in the same manner and to
8the same extent as is provided by law for a contempt of such
9court in any other suit or proceeding cognizable by such court.
10 Sec. 2. NEW SECTION. 600B.37A Action for default or
11contempt — costs.
12If an action is brought on the grounds that a party to an
13order made pursuant to this chapter is in default or contempt
14of the order, and the court determines that the party is in
15default or contempt of the order, the costs of the proceeding,
16including reasonable attorney fees, may be taxed against that
17party.
18 Sec. 3. Section 600B.40, Code 2017, is amended to read as
19follows:
20600B.40 Custody and visitation.
211. The mother of a child born out of wedlock whose paternity
22has not been acknowledged and who has not been adopted has sole
23custody of the child unless the court orders otherwise. If a
24judgment of paternity is entered, the father may petition for
25rights of visitation or custody in the same paternity action or
26in an equity proceeding separate from any action to establish
27paternity.
282. In determining the visitation or custody arrangements
29of a child born out of wedlock, if a judgment of paternity is
30entered and the mother of the child has not been awarded sole
31custody, section 598.41 shall apply to the determination, as
32applicable, and the court shall consider the factors specified
33in section 598.41, subsection 3, including but not limited to
34the factor related to a parent’s history of domestic abuse.
353. In a proceeding under this chapter to determine custody
-1-1or visitation or to modify a custody or visitation order,
2section 598.15 shall apply to the parties.
3EXPLANATION
4The inclusion of this explanation does not constitute agreement with
5the explanation’s substance by the members of the general assembly.
6This bill relates to paternity and the obligation of support
7under Code chapter 600B.
8The bill amends the Code section that requires a father who
9fails to comply with or violates the terms or conditions of a
10support order to be punished in the same manner and to the same
11extent as provided by law for a contempt of the court in any
12other suit or proceeding, to instead apply to a party, not only
13a father, who fails to comply with or violates an order, not
14only a support order, made pursuant to the provisions of the
15Code chapter.
16The bill also provides that when an action is brought on the
17grounds that a party is in contempt or default of an order made
18pursuant to the Code chapter, and the court determines that the
19party is in contempt or default of the order, the costs of the
20proceeding, including reasonable attorney fees, may be taxed
21against that party.
22The bill also amends the custody and visitation provisions
23under Code chapter 600B, to provide that in a proceeding under
24the Code chapter to determine custody or visitation or to
25modify a custody or visitation order, the provision under Code
26section 598.15, relating to the mandatory participation by the
27parties in a court-approved course to educate and sensitize
28the parties to the needs of any child or party during and
29subsequent to the proceeding, is applicable to the parties.
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