Bill Text: IA SF279 | 2011-2012 | 84th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act relating to child support recovery. (Formerly SSB 1101.) Effective 7-1-11.
Spectrum: Committee Bill
Status: (Passed) 2011-12-31 - END OF 2011 ACTIONS [SF279 Detail]
Download: Iowa-2011-SF279-Introduced.html
Bill Title: A bill for an act relating to child support recovery. (Formerly SSB 1101.) Effective 7-1-11.
Spectrum: Committee Bill
Status: (Passed) 2011-12-31 - END OF 2011 ACTIONS [SF279 Detail]
Download: Iowa-2011-SF279-Introduced.html
Senate
File
279
-
Introduced
SENATE
FILE
279
BY
COMMITTEE
ON
HUMAN
RESOURCES
(SUCCESSOR
TO
SSB
1101)
A
BILL
FOR
An
Act
relating
to
child
support
recovery.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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Section
1.
Section
252D.18,
subsection
3,
Code
2011,
is
1
amended
to
read
as
follows:
2
3.
The
court
or
the
child
support
recovery
unit
may,
3
by
ex
parte
order,
terminate
an
income
withholding
order
4
when
the
current
support
obligation
has
terminated
and
when
5
the
delinquent
support
obligation
has
been
fully
satisfied
6
as
applicable
to
all
of
the
children
covered
by
the
income
7
withholding
order.
The
unit
may,
by
ex
parte
order,
terminate
8
an
income
withholding
order
when
the
unit
will
no
longer
be
9
providing
services
under
chapter
252B,
or
when
a
foreign
10
jurisdiction
will
be
providing
services
under
Tit.
IV-D
of
the
11
federal
Social
Security
Act.
12
Sec.
2.
Section
252H.2,
subsection
2,
paragraph
g,
Code
13
2011,
is
amended
to
read
as
follows:
14
g.
“Determination
of
controlling
order”
means
the
process
15
of
identifying
a
child
support
order
which
must
be
recognized
16
pursuant
to
section
252K.207
and
28
U.S.C.
§
1738B,
when
17
more
than
one
state
has
issued
a
support
order
for
the
same
18
child
and
the
same
obligor
,
and
may
include
a
reconciliation
19
of
arrearages
with
information
related
to
the
calculation
.
20
Registration
of
a
foreign
order
is
not
necessary
for
a
court
or
21
the
unit
to
make
a
determination
of
controlling
order.
22
Sec.
3.
Section
252H.14A,
subsection
3,
Code
2011,
is
23
amended
to
read
as
follows:
24
3.
Upon
completion
of
the
review,
the
unit
shall
issue
a
25
notice
of
decision
to
each
parent,
or
if
applicable,
to
each
26
parent’s
attorney.
The
notice
shall
be
served
in
accordance
27
with
the
rules
of
civil
procedure
or
as
provided
in
section
28
252B.26
,
except
that
a
parent
requesting
a
review
pursuant
to
29
section
252H.13
shall
waive
the
right
to
personal
service
of
30
the
notice
in
writing
and
accept
service
by
regular
mail.
If
31
the
service
by
regular
mail
does
not
occur
within
ninety
days
32
of
the
written
waiver
of
personal
service,
personal
service
of
33
the
notice
is
required
unless
a
new
waiver
of
personal
service
34
is
obtained
.
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Sec.
4.
Section
252J.4,
subsection
3,
Code
2011,
is
amended
1
to
read
as
follows:
2
3.
The
unit
shall
notify
the
individual
of
the
date,
time,
3
and
location
of
the
conference
by
regular
mail,
with
the
date
4
of
the
conference
to
be
no
earlier
than
ten
days
following
5
issuance
of
notice
of
the
conference
by
the
unit
,
unless
the
6
individual
and
the
unit
agree
to
an
earlier
date
which
may
be
7
the
same
date
the
individual
requests
the
conference
.
If
the
8
individual
fails
to
appear
at
the
conference,
the
unit
shall
9
issue
a
certificate
of
noncompliance.
10
EXPLANATION
11
This
bill
includes
provisions
relating
to
child
support
12
recovery.
13
The
bill
includes
two
provisions
relating
to
coordinating
14
interstate
child
support
cases
mandated
by
recently
adopted
15
federal
regulations.
The
bill
provides
that
when
the
child
16
support
recovery
unit
is
no
longer
providing
services
or
17
when
a
foreign
jurisdiction
will
be
providing
services,
the
18
unit
may,
by
ex
parte
order,
terminate
an
income
withholding
19
order.
Additionally,
the
bill
amends
the
definition
of
20
“determination
of
controlling
order”
to
include
in
that
process
21
a
reconciliation
of
arrearages
with
information
related
to
that
22
calculation.
23
The
bill
also
provides
that
a
parent
requesting
an
24
abbreviated
review
of
a
child
support
order
shall
waive
the
25
right
to
personal
service
of
the
notice
of
decision
by
personal
26
service
in
writing
and
accept
service
by
regular
mail.
If
the
27
service
by
regular
mail
does
not
occur
within
90
days
of
the
28
written
waiver,
personal
service
of
the
notice
is
required
29
unless
a
new
written
waiver
is
obtained.
This
provision
is
30
consistent
with
language
relating
to
a
notice
of
intent
to
31
review
and
adjust
under
Code
section
252H.15
and
language
32
relating
to
the
notice
of
intent
to
modify
under
Code
section
33
252H.19.
34
The
bill
also
provides
for
an
exception
to
the
requirement
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that
a
conference,
following
issuance
of
a
notice
of
the
1
conference,
be
no
earlier
than
10
days
following
issuance
of
2
the
notice
by
the
child
support
recovery
unit,
if
an
individual
3
and
the
unit
agree
to
an
earlier
date
which
may
be
the
same
date
4
the
individual
requests
the
conference.
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