General Assembly: 81 (2005 Regular GA) - Chapter 112 - Child support — miscellaneous provisions


Published: 2005-05-05

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

300LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSIONCH. 112

CH. 112CH. 112

CHAPTER 112

CHILD SUPPORT — MISCELLANEOUS PROVISIONS

S.F. 350

AN ACT relating to child support recovery including access to information for the purposes of recovery, provisions relating to failure to withhold income or to pay the amounts with- held, and to the suspension of a child support obligation, the satisfaction of support pay- ments, nullifying related administrative rules and providing penalties.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 252B.9, subsection 1, paragraph d, subparagraph (2), Code 2005, is amended to read as follows: (2) Certain recordsheld bypublic utilities and, cable, or other television companies, cellular

telephone companies, and internet service providers with respect to individuals who owe or are owed support, or against orwith respect towhoma support obligation is sought, consisting of the names and addresses of such individuals and the names and addresses of the employers of such individuals, as appearing in customer records. If the records are maintained in auto- mated databases, the unit shall be provided with automated access.

Sec. 2. Section 252B.20, subsection 1, paragraphs a, c, and d, Code 2005, are amended to read as follows: a. The parents have reconciled and are cohabiting, and the child for whom support is or-

dered is living in the same residence as the parents, or the child is currently residing with the parent who is ordered to pay support. If the basis for suspension under this paragraph applies to at least onebut not all of the children forwhomsupport is ordered, the condition of this para- graph is met only if the support order includes a step change. c. The parents have signed a notarized affidavit attesting to the conditions under para-

graphs “a” and “b”, have consented to suspension of the support order or obligation, and have submitted the affidavit to the unit. d. No prior request for suspension has been filed with the unit during the two-year period

preceding the request, unless the request was filed during the two-year period preceding July 1, 2005, the unit denied the request because the suspension did not apply to all children for whom support is ordered, and the parents jointly file a request on or after July 1, 2005.

Sec. 3. Section 252B.20, subsection 2, paragraph b, Code 2005, is amended to read as fol- lows: b. Approve the request andprepareanorderwhich shall be submitted, alongwith theaffida-

vit, to a judge of a district court for approval, suspending the accruing support obligation and, if requested by the obligee, and if not prohibited by chapter 252K, satisfying the obligation of support due the obligee. If the basis for suspension applies to at least one but not all of the children for whom support is ordered and the support order includes a step change, the unit shall prepare an order suspending the accruing support obligation for each child to whom the basis for suspension applies.

Sec. 4. Section 252B.20, subsection 5, unnumbered paragraph 1, Code 2005, is amended to read as follows: During the six-month period the unit may request that the court reinstate the accruing sup-

port order or obligation if any of the following conditions exist:

Sec. 5. Section 252B.20, Code 2005, is amended by adding the following new subsections: NEWSUBSECTION. 5A. If a condition under subsection 5 exists, the unitmay request that

the court reinstate an accruing support obligation as follows: a. If the basis for the suspension no longer applies to any of the children forwhoman accru-

301 LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSION CH. 112

ing support obligationwas suspended, the unit shall request that the court reinstate the accru- ing support obligations for all of the children. b. If the basis for the suspension continues to apply to at least one but not all of the children

for whom an accruing support obligation was suspended and if the support order includes a step change, the unit shall request that the court reinstate the accruing support obligation for each child for whom the basis for the suspension no longer applies. NEW SUBSECTION. 12. For the purposes of chapter 252H regarding the criteria for a re-

view under subchapter II of that chapter or for a cost-of-living alteration under subchapter IV of that chapter, if a support obligation is terminated or reinstated under this section, such ter- mination or reinstatement shall not be considered a modification of the support order. NEW SUBSECTION. 13. As used in this section, unless the context otherwise requires,

“step change”means a changedesignated in a support order specifying the amount of the child support obligation as the number of children entitled to support under the order changes.

Sec. 6. NEW SECTION. 252B.25 CONTEMPT — COMBINING ACTIONS. Notwithstanding any provision of law to the contrary, if an obligor has been ordered to pro-

vide support inmore than one order, the unitmay bring a single action for contempt to enforce themultiple orders. However, if the obligor objects to the consolidation of the actions regard- ingmultiple orders into a single action for contempt, and the court determines that severance of the single action intomultiple actions is in the interest of justice, the unit shall bringmultiple actions for contempt to enforce themultiple orders. If the single action is brought and the obli- gor does not object, the unit shall file the action in the district court of a county where the obli- gor resides, or if the obligor does not reside in the state, in the district court of the countywhere at least one of the support orders was entered or registered. For the purposes of this section, the district court where the unit files the action shall have jurisdiction and authority over all other support orders for the obligor entered or registered by a court of this state and affected under this section. In such case, the unit shall also file a document with the clerk of court in each county affected specifying the county where the action under this section was filed and the disposition of the action.

Sec. 7. NEW SECTION. 252B.26 SERVICE OF PROCESS. Notwithstanding any provision of law to the contrary, the unit may serve a petition, notice,

or rule to show cause under chapter 252A, 252C, 252F, 252H, 252K, 598, or 665 as specified in each chapter, or by certifiedmail. Return acknowledgement is required to prove service by certifiedmail, rules of civil procedure 1.303(5) and 1.308(5) shall not apply, and the return ac- knowledgment shall be filed with the clerk of court.

Sec. 8. Section 252D.3, Code 2005, is amended to read as follows: 252D.3 NOTICE OF INCOME WITHHOLDING. All orders for support entered on or after July 1, 1984, shall notify the person ordered to pay

support of themandatorywithholding of income required under section 252D.1. However, for orders for support entered before July 1, 1984, the clerk of the district court, the child support recovery unit, or the person entitled by the order to receive the support payments, shall notify eachpersonordered topay support under suchorders of themandatorywithholdingof income required under section 252D.1. The notice shall be sent by certified mail to the person’s last knownaddress or the person shall bepersonally servedwith thenotice in themanner provided for service of an original notice at least fifteen daysprior to the orderingof incomewithholding under section 252D.1. A person ordered to pay support may waive the right to receive the no- tice at any time. However, this subchapter is sufficient notice of implementation ofmandatory withholding of income under section 252D.1 without any further notice.

Sec. 9. Section 252D.10, Code 2005, is amended to read as follows: 252D.10 NOTICE OF IMMEDIATE INCOME WITHHOLDING. Thenotice requirements of section 252D.3 donot apply to this subchapter. An order for sup-

302LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSIONCH. 112

port entered after November 1, 1990, shall contain the notice of immediate income withhold- ing. However, this subchapter is sufficient notice for implementation of immediate income withholding without any further notice.

Sec. 10. Section 252D.16, subsection 1, paragraph b, Code 2005, is amended to read as fol- lows: b. A sole payment or lump sum as provided in section 252D.18C, including but not limited

to payment from an estate including inheritance, or payment for personal injury or property damage.

Sec. 11. Section 252D.24, subsection 2, Code 2005, is amended by striking the subsection.

Sec. 12. Section 252I.3, Code 2005, is amended to read as follows: 252I.3 INITIAL NOTICE TO OBLIGOR. The unit may proceed under this chapter only if notice has been provided to the obligor in

one of the following manners: 1. Theobligor is providednotice of theprovisionsof this chapter in the court order establish-

ing the support obligation. The unit or district courtmay include language in anynewormodi- fied support order issued on or after July 1, 1994, notifying the obligor that the obligor is sub- ject to the provisions of this chapter. However, this chapter is sufficient notice for implemen- tation of administrative levy provisionswithout further notice of the provisions of this chapter. 2. Theunitmay send anotice by regularmail to the last knownaddress of the obligor, notify-

ing the obligor that the obligor is subject to the provisions of this chapter, with proof of service completed according to rule of civil procedure 1.442.

Sec. 13. Section 252I.5, subsection 1, Code 2005, is amended to read as follows: 1. If an obligor is subject to this chapter under section 252I.2, the unitmay initiate an admin-

istrative action to levy against the accounts of the obligor. If notice has previously been pro- vided pursuant to section 252I.3, further notice is not required.

Sec. 14. Section 252J.3, unnumbered paragraph 1, Code 2005, is amended to read as fol- lows: Theunit shall proceed in accordancewith this chapter only if theunit sends anotice is served

on to the individual in accordancewith rule of civil procedure1.305ornotice is sent by certified mail addressed to the individual’s last known address and served upon any person who may accept service under rule of civil procedure 1.305. Return acknowledgment is required to prove service by certified by regular mail to the last known address of the individual. The no- tice shall include all of the following:

Sec. 15. Section 252J.3, subsections 4 and 5, Code 2005, are amended to read as follows: 4. A statement that if,within twentydays of servicemailingof thenotice on to the individual,

the individual fails to contact the unit to schedule a conference, the unit shall issue a certificate of noncompliance, bearing the individual’s name, social security number and unit case num- ber, to any appropriate licensing authority, certifying that the obligor is not in compliancewith a support order or an individual has not complied with a subpoena or warrant. 5. A statement that in order to stay the issuanceof a certificate of noncompliance the request

for a conference shall be in writing and shall be received by the unit within twenty days of ser- vice mailing of the notice on to the individual.

Sec. 16. Section 252J.4, subsections 1, 2, and 6, Code 2005, are amended to read as follows: 1. The individual may schedule a conference with the unit following service mailing of the

notice pursuant to section 252J.3, or at any time after service of notice of suspension, revoca- tion, denial of issuance, or nonrenewal of a license from a licensing authority, to challenge the unit’s actions under this chapter.

303 LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSION CH. 113

2. The request for a conference shall be made to the unit, in writing, and, if requested after service mailing of a the notice pursuant to section 252J.3, shall be received by the unit within twenty days following service mailing of the notice. 6. If the individual does not timely request a conference or does not complywith a subpoena

or warrant or if the obligor does not pay the total amount of delinquent support owed within twenty days of service mailing of the notice pursuant to section 252J.3, the unit shall issue a certificate of noncompliance.

Sec. 17. Section 252J.6, subsection 1, unnumbered paragraph 1, Code 2005, is amended to read as follows: If an obligor is not in compliance with a support order or the individual is not in compliance

with a subpoena or warrant pursuant to section 252J.2, the unit notifies mails a notice to the individual pursuant to section 252J.3, and the individual requests a conference pursuant to section 252J.4, the unit shall issue a written decision if any of the following conditions exists:

Sec. 18. Section 598.22A, subsection 1, unnumbered paragraph 1, Code 2005, is amended to read as follows: For payment made pursuant to an order, the clerk of the district court or collection services

center shall record a satisfaction as a credit on the official support payment record if its validity is confirmed by the court upon submission of an affidavit by the person entitled to receive the payment or upon submission of documentation of the financial instrument used in the pay- ment of the support by the person ordered to pay support, after notice is given to all parties.

Sec. 19. Section 600.16A, subsection 5, Code 2005, is amended to read as follows: 5. Notwithstanding subsection 2, a termination of parental rights order issued pursuant to

this chapter, section 600A.9 may, or any other chapter shall be disclosed to the child support recovery unit, upon request, without court order.

Sec. 20. NULLIFICATION OF RULES. The following rules are nullified: 1. 441 IAC 98.22. 2. 441 IAC 98.23. 3. 441 IAC 98.33. 4. 441 IAC 98.92.

Approved May 5, 2005

_________________________

CH. 113CH. 113

CHAPTER 113

GRAPE AND WINE INDUSTRY PROMOTION

S.F. 395

ANACT relating to the activities of the grape and wine development commission, and provid- ing for the transfer of wine gallonage tax revenues to the grape and wine development fund.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 123.183, subsection 3, paragraph a, Code 2005, is amended by striking the paragraph and inserting in lieu thereof the following: a. Five percent of the revenue collected from the wine gallonage tax on wine imported into