Bill Text: IA HF58 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to child support obligations and neglect or abandonment of a child based on nonsupport, and providing penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-12-31 - END OF 2013 ACTIONS [HF58 Detail]
Download: Iowa-2013-HF58-Introduced.html
House
File
58
-
Introduced
HOUSE
FILE
58
BY
WINDSCHITL
A
BILL
FOR
An
Act
relating
to
child
support
obligations
and
neglect
or
1
abandonment
of
a
child
based
on
nonsupport,
and
providing
2
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
598.21B,
subsection
1,
paragraph
c,
Code
1
2013,
is
amended
to
read
as
follows:
2
c.
It
is
the
intent
of
the
general
assembly
that,
to
3
the
extent
possible
within
the
requirements
of
federal
law,
4
the
court
and
the
child
support
recovery
unit
consider
the
5
individual
facts
of
each
judgment
or
case
in
the
application
6
of
the
guidelines
and
determine
the
support
obligation
7
accordingly.
It
is
also
the
intent
of
the
general
assembly
8
that
in
the
supreme
court’s
review
of
the
guidelines,
the
9
supreme
court
shall
do
both
all
of
the
following:
10
(1)
Emphasize
the
ability
of
a
court
to
apply
the
guidelines
11
in
a
just
and
appropriate
manner
based
upon
the
individual
12
facts
of
a
judgment
or
case.
13
(2)
In
determining
monthly
child
support
payments,
consider
14
other
children
for
whom
either
parent
is
legally
responsible
15
for
support
and
other
child
support
obligations
actually
paid
16
by
either
party
pursuant
to
a
court
or
administrative
order.
17
(3)
Unless
otherwise
provided
in
subsection
2,
establish
a
18
minimum
monthly
child
support
payment
of
one
hundred
dollars.
19
Sec.
2.
Section
726.3,
Code
2013,
is
amended
to
read
as
20
follows:
21
726.3
Neglect
or
abandonment
of
a
dependent
person.
22
1.
A
person
who
is
the
father,
mother,
or
some
other
person
23
having
custody
of
a
child,
or
of
any
other
person
who
by
24
reason
of
mental
or
physical
disability
is
not
able
to
care
25
for
the
person’s
self,
who
knowingly
or
recklessly
exposes
26
such
person
to
a
hazard
or
danger
against
which
such
person
27
cannot
reasonably
be
expected
to
protect
such
person’s
self
or
28
who
deserts
or
abandons
such
person,
knowing
or
having
reason
29
to
believe
that
the
person
will
be
exposed
to
such
hazard
or
30
danger,
commits
a
class
“C”
felony.
However,
a
parent
or
31
person
authorized
by
the
parent
shall
not
be
prosecuted
for
a
32
violation
of
this
section
involving
abandonment
of
a
newborn
33
infant,
if
the
parent
or
the
person
authorized
by
the
parent
34
has
voluntarily
released
custody
of
the
newborn
infant
in
35
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accordance
with
section
233.2
.
1
2.
Notwithstanding
the
amount
specified
in
section
726.5,
a
2
person
who
commits
nonsupport
pursuant
to
section
726.5
in
an
3
amount
greater
than
two
thousand
dollars
commits
abandonment.
4
A
person
who
commits
abandonment
under
this
subsection
is
5
guilty
of
an
aggravated
misdemeanor.
6
3.
Notwithstanding
the
amount
specified
in
section
726.5,
a
7
person
who
commits
nonsupport
pursuant
to
section
726.5
in
an
8
amount
greater
than
ten
thousand
dollars
commits
neglect.
A
9
person
who
commits
neglect
under
this
subsection
is
guilty
of
a
10
class
“C”
felony.
11
EXPLANATION
12
This
bill
relates
to
child
support
obligations.
13
The
bill
provides
that
it
is
the
intent
of
the
general
14
assembly
that
the
minimum
monthly
child
support
payment
be
15
established
at
$100,
unless
it
is
unjust
or
inappropriate
or
16
unless
the
parent
is
19
years
of
age
or
younger
and
other
17
special
circumstances
apply.
18
Current
law
provides,
in
Code
section
726.5,
that
a
person
19
who
commits
nonsupport
of
a
child
or
ward
by
failing
or
20
refusing
to
provide
for
the
person’s
child
or
ward
under
18
21
years
of
age
for
a
period
longer
than
one
year
or
in
an
amount
22
greater
than
$5,000,
is
guilty
of
a
class
“D”
felony.
The
bill
23
provides
that
a
person
who
commits
nonsupport
of
a
child
or
a
24
ward
in
an
amount
greater
than
$2,000
commits
abandonment.
A
25
person
who
commits
abandonment
as
specified
under
the
bill
is
26
guilty
of
an
aggravated
misdemeanor.
27
The
bill
also
provides
that
a
person
who
commits
nonsupport
28
of
a
child
or
ward
in
an
amount
greater
than
$10,000
commits
29
neglect.
A
person
who
commits
neglect
as
specified
under
the
30
bill
is
guilty
of
a
class
“C”
felony.
31
An
aggravated
misdemeanor
is
punishable
by
confinement
for
32
no
more
than
two
years
and
a
fine
of
at
least
$625
but
not
more
33
than
$6,250.
34
A
class
“C”
felony
is
punishable
by
confinement
for
no
more
35
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