Bill Text: IA HF449 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to child support obligations for incarcerated parents.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-02-28 - Introduced, referred to Judiciary. H.J. 475. [HF449 Detail]
Download: Iowa-2017-HF449-Introduced.html
House File 449 - Introduced HOUSE FILE BY ABDUL=SAMAD A BILL FOR 1 An Act relating to child support obligations for incarcerated 2 parents. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2394YH (3) 87 pf/nh PAG LIN 1 1 Section 1. Section 598.21B, subsection 1, Code 2017, is 1 2 amended by adding the following new paragraph: 1 3 NEW PARAGRAPH. e. (1) The guidelines prescribed by the 1 4 supreme court shall provide for deviation from the guidelines 1 5 for incarcerated parents based upon the incarcerated parent's 1 6 earnings, income, or other evidence of ability to pay. 1 7 (2) The guidelines shall not treat incarceration of a parent 1 8 as voluntary unemployment for the purpose of establishing or 1 9 modifying a child support order. 1 10 Sec. 2. Section 598.21C, subsection 1, Code 2017, is amended 1 11 by adding the following new paragraph: 1 12 NEW PARAGRAPH. kk. Incarceration of a party for a period of 1 13 at least one hundred eighty calendar days. 1 14 Sec. 3. CHILD SUPPORT OBLIGATIONS == INCARCERATED PARENTS. 1 15 1. The child support recovery unit shall elect in the 1 16 state plan for child support enforcement under Tit. IV=D 1 17 of the federal Social Security Act to initiate review of a 1 18 child support order upon notification that a parent will be 1 19 incarcerated for more than one hundred eighty calendar days 1 20 to ensure that child support orders are based on the parent's 1 21 ability to pay during the period of incarceration. 1 22 2. The child support recovery unit shall establish 1 23 partnerships with correctional facilities to conduct data 1 24 matches, develop electronic interfaces, and implement outreach 1 25 strategies to identify and educate incarcerated parents 1 26 regarding options and rights relating to review, adjustment, 1 27 and modification of a child support order during the period of 1 28 incarceration. 1 29 EXPLANATION 1 30 The inclusion of this explanation does not constitute agreement with 1 31 the explanation's substance by the members of the general assembly. 1 32 This bill relates to child support obligations of 1 33 incarcerated parents. 1 34 The bill provides that with regard to the child support 1 35 guidelines prescribed by the supreme court, the guidelines 2 1 shall provide for a deviation from the guidelines for 2 2 incarcerated parents based upon the incarcerated parent's 2 3 earnings, income, or other evidence of ability to pay. 2 4 Additionally, the guidelines shall not treat incarceration 2 5 of a parent as voluntary unemployment for the purpose of 2 6 establishing or modifying a child support order. 2 7 The bill provides that incarceration of a party for a period 2 8 of at least 180 calendar days constitutes a substantial change 2 9 in circumstances as a basis for modification of a child support 2 10 order. 2 11 The bill requires the child support recovery unit to elect in 2 12 the state plan for child support enforcement to initiate review 2 13 of a child support order upon notification that a parent will 2 14 be incarcerated for more than 180 calendar days to ensure that 2 15 child support orders are based on the parent's ability to pay 2 16 during the period of incarceration. 2 17 The bill also requires the child support recovery unit to 2 18 establish partnerships with correctional facilities to conduct 2 19 data matches, develop electronic interfaces, and implement 2 20 outreach strategies to identify and educate incarcerated 2 21 parents regarding options and rights relating to review, 2 22 adjustment, and modification of a child support order during 2 23 the period of incarceration. LSB 2394YH (3) 87 pf/nh
