Bill Text: IA HF253 | 2017-2018 | 87th General Assembly | Enrolled

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Bill Title: A bill for an act relating to proceedings and actions regarding paternity and the obligation for support. (Formerly HSB 30.) Effective 7-1-17.

Sponsorship: Committee Bill

Status: (Passed) 2017-04-21 - Signed by Governor. H.J. 1142. [HF253 Detail]

Download: Iowa-2017-HF253-Enrolled.html

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House File 253 - Enrolled




                              HOUSE FILE       
                              BY  COMMITTEE ON JUDICIARY

                              (SUCCESSOR TO HSB 30)
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                                   A BILL FOR
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                                         House File 253

                             AN ACT
 RELATING TO PROCEEDINGS AND ACTIONS REGARDING PATERNITY
    AND THE OBLIGATION FOR SUPPORT.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    Section 1.  Section 600B.37, Code 2017, is amended to read
 as follows:
    600B.37  Contempt.
    If the father a party fails to comply with or violates the
 terms or conditions of a support an order made pursuant to the
 provisions of this chapter, the father party shall be held in
 contempt and punished by the court in the same manner and to
 the same extent as is provided by law for a contempt of such
 court in any other suit or proceeding cognizable by such court.
    Sec. 2.  NEW SECTION.  600B.37A  Action for default or
 contempt == costs.
    If an action is brought on the grounds that a party to an
 order made pursuant to this chapter is in default or contempt
 of the order, and the court determines that the party is in
 default or contempt of the order, the costs of the proceeding,
 including reasonable attorney fees, may be taxed against that
 party.
    Sec. 3.  Section 600B.40, Code 2017, is amended to read as
 follows:
    600B.40  Custody and visitation.
    1.  The mother of a child born out of wedlock whose paternity
 has not been acknowledged and who has not been adopted has sole
 custody of the child unless the court orders otherwise. If a
 judgment of paternity is entered, the father may petition for
 rights of visitation or custody in the same paternity action or
 in an equity proceeding separate from any action to establish
 paternity.
    2.  In determining the visitation or custody arrangements
 of a child born out of wedlock, if a judgment of paternity is
 entered and the mother of the child has not been awarded sole
 custody, section 598.41 shall apply to the determination, as
 applicable, and the court shall consider the factors specified
 in section 598.41, subsection 3, including but not limited to
 the factor related to a parent's history of domestic abuse.
    3.  In a proceeding under this chapter to determine custody
 or visitation or to modify a custody or visitation order,
 section 598.15 shall apply to the parties.


                                                                                            LINDA UPMEYER


                                                                                            JACK WHITVER


                                                                                            CARMINE BOAL


                                                                                            TERRY E. BRANSTA

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