Bill Text: IA HF2382 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to the treatment of veteran disability dependent benefits in the determination of a child support obligation.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2024-02-08 - Introduced, referred to Judiciary. H.J. 223. [HF2382 Detail]
Download: Iowa-2023-HF2382-Introduced.html
House
File
2382
-
Introduced
HOUSE
FILE
2382
BY
BERGAN
A
BILL
FOR
An
Act
relating
to
the
treatment
of
veteran
disability
1
dependent
benefits
in
the
determination
of
a
child
support
2
obligation.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
252H.3,
subsection
1,
Code
2024,
is
1
amended
to
read
as
follows:
2
1.
Any
action
initiated
under
this
chapter
,
including
3
any
court
hearing
resulting
from
an
action,
shall
be
limited
4
in
scope
to
the
adjustment
or
modification
of
the
child
or
5
medical
support
or
cost-of-living
alteration
of
the
child
6
support
provisions
of
a
support
order.
A
determination
of
a
7
controlling
order
is
within
the
scope
of
this
chapter
.
If
the
8
social
security
disability
or
veteran
disability
provisions
9
of
sections
598.22
and
598.22C
apply,
a
determination
of
the
10
amount
of
delinquent
support
due
is
within
the
scope
of
this
11
chapter
.
12
Sec.
2.
Section
252H.8,
subsection
5,
paragraph
g,
Code
13
2024,
is
amended
to
read
as
follows:
14
g.
Copies
of
any
computation
worksheet
prepared
by
child
15
support
services
to
determine
the
amount
of
support
calculated
16
using
the
mandatory
child
support
guidelines
established
under
17
section
598.21B
,
and,
if
appropriate
and
the
social
security
18
disability
or
veteran
disability
provisions
of
sections
598.22
19
and
598.22C
apply,
a
determination
of
the
amount
of
delinquent
20
support
due.
21
Sec.
3.
Section
252H.9,
subsection
3,
paragraph
h,
Code
22
2024,
is
amended
to
read
as
follows:
23
h.
If
applicable,
the
amount
of
delinquent
support
due
24
based
upon
the
receipt
of
social
security
disability
or
veteran
25
disability
payments
as
provided
in
sections
598.22
and
598.22C
.
26
Sec.
4.
Section
252H.14A,
subsection
1,
paragraph
b,
27
subparagraph
(3),
Code
2024,
is
amended
to
read
as
follows:
28
(3)
The
parent
is
a
recipient
of
disability
benefits
under
29
the
Act
or
is
a
recipient
of
United
States
department
of
30
veterans
affairs
disability
benefits
because
of
the
parent’s
31
disability.
32
Sec.
5.
Section
252H.16,
subsection
1,
Code
2024,
is
amended
33
to
read
as
follows:
34
1.
For
actions
initiated
under
section
252H.15
,
child
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support
services
shall
conduct
the
review
and
determine
whether
1
an
adjustment
is
appropriate.
As
necessary,
child
support
2
services
shall
make
a
determination
of
the
controlling
order
or
3
the
amount
of
delinquent
support
due
based
upon
the
receipt
of
4
social
security
disability
or
veteran
disability
payments
as
5
provided
in
sections
598.22
and
598.22C
.
6
Sec.
6.
Section
252H.22,
subsection
6,
Code
2024,
is
amended
7
to
read
as
follows:
8
6.
The
support
order
is
not
subject
to
the
social
security
9
disability
or
veteran
disability
provisions
pursuant
to
10
sections
598.22
and
598.22C
.
11
Sec.
7.
Section
598.21B,
subsection
2,
paragraph
b,
12
subparagraph
(3),
Code
2024,
is
amended
to
read
as
follows:
13
(3)
For
the
purposes
of
including
a
child’s
dependent
14
benefit
in
calculating
a
support
obligation
under
this
section
15
for
a
child
whose
parent
has
been
awarded
disability
benefits
16
under
the
federal
Social
Security
Act
or
by
the
United
States
17
department
of
veterans
affairs
,
the
provisions
of
section
18
598.22C
shall
apply.
19
Sec.
8.
Section
598.22,
subsections
1
and
3,
Code
2024,
are
20
amended
to
read
as
follows:
21
1.
Except
as
otherwise
provided
in
section
598.22A
,
22
this
section
applies
to
all
initial
or
modified
orders
for
23
support
entered
under
this
chapter
,
chapter
234
,
252A
,
252C
,
24
252F
,
600B
,
or
any
other
chapter
of
the
Code.
All
orders
25
or
judgments
entered
under
chapter
234
,
252A
,
252C
,
252F
,
or
26
600B
,
or
under
this
chapter
or
any
other
chapter
which
provide
27
for
temporary
or
permanent
support
payments
shall
direct
the
28
payment
of
those
sums
to
the
clerk
of
the
district
court
or
the
29
collection
services
center
in
accordance
with
section
252B.14
,
30
or
as
appropriate,
a
comparable
government
entity
in
another
31
state
as
provided
in
chapter
252K
for
the
use
of
the
person
for
32
whom
the
payments
have
been
awarded.
All
income
withholding
33
payments
shall
be
directed
to
the
collection
services
center,
34
or
as
appropriate,
a
comparable
government
entity
in
another
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state
as
provided
in
chapter
252K
.
Payments
to
persons
other
1
than
the
clerk
of
the
district
court,
the
collection
services
2
center,
or
as
appropriate,
a
comparable
government
entity
in
3
another
state
as
provided
in
chapter
252K
do
not
satisfy
the
4
support
obligations
created
by
the
orders
or
judgments,
except
5
as
provided
for
trusts
governed
by
the
federal
Retirement
6
Equity
Act
of
1984,
Pub.
L.
No.
98-397,
for
tax
refunds
or
7
rebates
in
section
602.8102,
subsection
47
,
or
for
dependent
8
benefits
paid
to
the
child
support
obligee
as
the
result
of
9
disability
benefits
awarded
to
the
child
support
obligor
10
under
the
federal
Social
Security
Act
or
by
the
United
States
11
department
of
veterans
affairs
.
For
trusts
governed
by
the
12
federal
Retirement
Equity
Act
of
1984,
Pub.
L.
No.
98-397,
13
the
order
for
income
withholding
or
notice
of
the
order
for
14
income
withholding
shall
require
the
payment
of
such
sums
to
15
the
alternate
payee
in
accordance
with
the
federal
Act.
For
16
dependent
benefits
paid
to
the
child
support
obligee
as
a
17
result
of
disability
benefits
awarded
to
the
child
support
18
obligor
under
the
federal
Social
Security
Act
or
by
the
United
19
States
department
of
veterans
affairs
,
the
provisions
of
20
section
598.22C
shall
apply.
21
3.
An
order
or
judgment
entered
by
the
court
for
temporary
22
or
permanent
support
or
for
income
withholding
shall
be
filed
23
with
the
clerk.
The
orders
have
the
same
force
and
effect
24
as
judgments
when
entered
in
the
judgment
docket
and
lien
25
index
and
are
records
open
to
the
public.
Unless
otherwise
26
provided
by
federal
law,
if
it
is
possible
to
identify
the
27
support
order
to
which
a
payment
is
to
be
applied,
and
if
28
sufficient
information
identifying
the
obligee
is
provided,
29
the
clerk
or
the
collection
services
center,
as
appropriate,
30
shall
disburse
the
payments
received
pursuant
to
the
orders
31
or
judgments
within
two
working
days
of
the
receipt
of
32
the
payments.
All
moneys
received
or
disbursed
under
this
33
section
shall
be
entered
in
records
kept
by
the
clerk,
or
the
34
collection
services
center,
as
appropriate,
and
the
records
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kept
by
the
clerk
shall
be
available
to
the
public.
The
clerk
1
or
the
collection
services
center
shall
not
enter
any
moneys
2
paid
in
the
record
book
if
not
paid
directly
to
the
clerk
3
or
the
center,
as
appropriate,
except
as
provided
for
trusts
4
and
federal
social
security
disability
or
veteran
disability
5
payments
in
this
section
,
and
for
tax
refunds
or
rebates
6
in
section
602.8102,
subsection
47
,
or
as
appropriate,
a
7
comparable
government
entity
in
another
state
as
provided
in
8
chapter
252K
.
9
Sec.
9.
Section
598.22C,
Code
2024,
is
amended
to
read
as
10
follows:
11
598.22C
Child
support
——
social
security
disability
and
12
veteran
disability
dependent
benefits.
13
If
dependent
benefits
are
paid
for
a
child
as
a
result
of
14
disability
benefits
awarded
to
the
child’s
parent
under
the
15
federal
Social
Security
Act
or
by
the
United
States
department
16
of
veterans
affairs
,
all
of
the
following
shall
apply:
17
1.
Unless
the
court
otherwise
provides,
dependent
benefits
18
paid
to
the
child
support
obligee
as
a
result
of
disability
19
benefits
awarded
to
the
child
support
obligor
fully
satisfy
and
20
substitute
for
the
support
obligations
for
the
same
period
of
21
time
for
which
the
benefits
are
awarded.
22
2.
For
the
purposes
of
calculating
a
support
obligation
23
under
section
598.21B
,
the
dependent
benefits
paid
for
any
24
child
shall
be
included
as
income
to
the
disabled
parent.
25
3.
a.
Any
order
or
judgment
for
support
for
a
child
for
26
whom
social
security
disability
benefits
or
veteran
disability
27
benefits
are
paid
to
the
child
support
obligee
as
a
result
of
28
disability
benefits
awarded
to
the
child
support
obligor
shall
29
include
all
of
the
following:
30
(1)
The
dollar
amount
of
the
child
support
obligation
31
as
calculated
by
application
of
the
guidelines
under
section
32
598.21B
,
and
a
statement
that
the
social
security
dependent
33
benefits
or
veteran
disability
dependent
benefits
are
included
34
as
income
to
the
obligor
in
that
calculation.
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(2)
The
dollar
amount
of
the
social
security
dependent
1
benefits
or
veteran
disability
dependent
benefits
paid
to
the
2
obligee
which
shall
be
dollar-for-dollar
satisfaction
of
the
3
obligor’s
child
support
obligation.
4
(3)
The
dollar
amount,
if
any,
the
obligor
shall
pay
5
after
application
of
the
social
security
dependent
benefits
6
or
veteran
disability
dependent
benefits
as
a
credit
to
or
7
dollar-for-dollar
satisfaction
of
the
child
support
obligation.
8
b.
The
amount
of
the
child
support
obligation
stated
in
the
9
order,
and
the
amount
the
obligor
shall
pay
after
application
10
of
the
social
security
disability
dependent
benefit
credit
or
11
satisfaction
or
veteran
disability
dependent
benefit
credit
12
or
satisfaction
stated
in
the
order,
shall
continue
until
13
modified,
as
provided
in
section
598.21C
.
14
4.
The
amount
of
any
child
support
obligation
satisfied
15
under
this
section
based
upon
the
receipt
of
dependent
benefits
16
paid
to
the
child
support
obligee
as
a
result
of
disability
17
benefits
awarded
to
the
child
support
obligor
shall
not
be
18
considered
delinquent.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
relates
to
the
treatment
of
veteran
disability
23
dependent
benefits
in
determining
a
child
support
obligation.
24
The
bill
provides
that
veteran
disability
dependent
25
benefits
shall
be
treated
in
the
same
manner
as
social
security
26
dependent
(SSD)
benefits
are
currently
treated.
27
Under
current
law,
if
a
child
receives
SSD
benefits
as
the
28
result
of
a
parent’s
disability,
the
payment
amount
is
to
be
29
included
as
income
to
the
parent
when
calculating
the
amount
30
of
child
support.
After
calculating
the
amount
of
child
31
support,
if
the
disabled
parent
is
the
obligor,
the
obligor’s
32
support
obligation
is
then
to
be
credited,
dollar
for
dollar,
33
in
the
amount
of
the
SSD
payment
made
to
the
dependent,
with
34
any
remaining
obligation
amount
to
be
paid
by
the
obligor.
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Finally,
unless
the
court
otherwise
provides,
dependent
1
benefits
paid
to
the
child
support
obligee
as
a
result
of
2
disability
benefits
awarded
to
the
child
support
obligor
fully
3
satisfy
and
substitute
for
the
support
obligations
for
the
4
same
period
of
time
for
which
the
benefits
are
awarded,
until
5
such
time
as
the
child
support
order
is
modified.
Under
the
6
bill,
these
same
provisions
would
apply
to
disability
benefits
7
awarded
to
a
parent
by
the
United
States
department
of
veterans
8
affairs.
9
The
bill
also
makes
conforming
changes
including
those
10
in
Code
chapter
252H
(adjustment
and
modification
of
11
support
orders)
to
allow
child
support
services
to
include
12
a
determination
of
arrearages
in
veteran
disability-related
13
modification
orders,
as
is
the
case
with
SSD-related
14
modification
orders,
to
provide
a
way
for
the
parent
and
child
15
support
services
to
determine
if
any
arrearages
are
due
because
16
of
the
change
in
treatment
of
veteran
disability
dependent
17
benefits
under
the
bill.
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