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House File 449 - IntroducedA Bill ForAn Act 1relating to child support obligations for incarcerated
2parents.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 598.21B, subsection 1, Code 2017, is
2amended by adding the following new paragraph:
3 NEW PARAGRAPH. e. (1) The guidelines prescribed by the
4supreme court shall provide for deviation from the guidelines
5for incarcerated parents based upon the incarcerated parent’s
6earnings, income, or other evidence of ability to pay.
7(2) The guidelines shall not treat incarceration of a parent
8as voluntary unemployment for the purpose of establishing or
9modifying a child support order.
10 Sec. 2. Section 598.21C, subsection 1, Code 2017, is amended
11by adding the following new paragraph:
12 NEW PARAGRAPH. kk. Incarceration of a party for a period of
13at least one hundred eighty calendar days.
14 Sec. 3. CHILD SUPPORT OBLIGATIONS — INCARCERATED PARENTS.
151. The child support recovery unit shall elect in the
16state plan for child support enforcement under Tit.IV-D
17of the federal Social Security Act to initiate review of a
18child support order upon notification that a parent will be
19incarcerated for more than one hundred eighty calendar days
20to ensure that child support orders are based on the parent’s
21ability to pay during the period of incarceration.
222. The child support recovery unit shall establish
23partnerships with correctional facilities to conduct data
24matches, develop electronic interfaces, and implement outreach
25strategies to identify and educate incarcerated parents
26regarding options and rights relating to review, adjustment,
27and modification of a child support order during the period of
28incarceration.
29EXPLANATION
30The inclusion of this explanation does not constitute agreement with
31the explanation’s substance by the members of the general assembly.
32This bill relates to child support obligations of
33incarcerated parents.
34The bill provides that with regard to the child support
35guidelines prescribed by the supreme court, the guidelines
-1-1shall provide for a deviation from the guidelines for
2incarcerated parents based upon the incarcerated parent’s
3earnings, income, or other evidence of ability to pay.
4Additionally, the guidelines shall not treat incarceration
5of a parent as voluntary unemployment for the purpose of
6establishing or modifying a child support order.
7The bill provides that incarceration of a party for a period
8of at least 180 calendar days constitutes a substantial change
9in circumstances as a basis for modification of a child support
10order.
11The bill requires the child support recovery unit to elect in
12the state plan for child support enforcement to initiate review
13of a child support order upon notification that a parent will
14be incarcerated for more than 180 calendar days to ensure that
15child support orders are based on the parent’s ability to pay
16during the period of incarceration.
17The bill also requires the child support recovery unit to
18establish partnerships with correctional facilities to conduct
19data matches, develop electronic interfaces, and implement
20outreach strategies to identify and educate incarcerated
21parents regarding options and rights relating to review,
22adjustment, and modification of a child support order during
23the period of incarceration.
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2parents.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 598.21B, subsection 1, Code 2017, is
2amended by adding the following new paragraph:
3 NEW PARAGRAPH. e. (1) The guidelines prescribed by the
4supreme court shall provide for deviation from the guidelines
5for incarcerated parents based upon the incarcerated parent’s
6earnings, income, or other evidence of ability to pay.
7(2) The guidelines shall not treat incarceration of a parent
8as voluntary unemployment for the purpose of establishing or
9modifying a child support order.
10 Sec. 2. Section 598.21C, subsection 1, Code 2017, is amended
11by adding the following new paragraph:
12 NEW PARAGRAPH. kk. Incarceration of a party for a period of
13at least one hundred eighty calendar days.
14 Sec. 3. CHILD SUPPORT OBLIGATIONS — INCARCERATED PARENTS.
151. The child support recovery unit shall elect in the
16state plan for child support enforcement under Tit.IV-D
17of the federal Social Security Act to initiate review of a
18child support order upon notification that a parent will be
19incarcerated for more than one hundred eighty calendar days
20to ensure that child support orders are based on the parent’s
21ability to pay during the period of incarceration.
222. The child support recovery unit shall establish
23partnerships with correctional facilities to conduct data
24matches, develop electronic interfaces, and implement outreach
25strategies to identify and educate incarcerated parents
26regarding options and rights relating to review, adjustment,
27and modification of a child support order during the period of
28incarceration.
29EXPLANATION
30The inclusion of this explanation does not constitute agreement with
31the explanation’s substance by the members of the general assembly.
32This bill relates to child support obligations of
33incarcerated parents.
34The bill provides that with regard to the child support
35guidelines prescribed by the supreme court, the guidelines
-1-1shall provide for a deviation from the guidelines for
2incarcerated parents based upon the incarcerated parent’s
3earnings, income, or other evidence of ability to pay.
4Additionally, the guidelines shall not treat incarceration
5of a parent as voluntary unemployment for the purpose of
6establishing or modifying a child support order.
7The bill provides that incarceration of a party for a period
8of at least 180 calendar days constitutes a substantial change
9in circumstances as a basis for modification of a child support
10order.
11The bill requires the child support recovery unit to elect in
12the state plan for child support enforcement to initiate review
13of a child support order upon notification that a parent will
14be incarcerated for more than 180 calendar days to ensure that
15child support orders are based on the parent’s ability to pay
16during the period of incarceration.
17The bill also requires the child support recovery unit to
18establish partnerships with correctional facilities to conduct
19data matches, develop electronic interfaces, and implement
20outreach strategies to identify and educate incarcerated
21parents regarding options and rights relating to review,
22adjustment, and modification of a child support order during
23the period of incarceration.
-2-pf/nh