Bill Text: IA HF72 | 2017-2018 | 87th General Assembly | Introduced

---

Bill Title: A bill for an act relating to the criteria for determining payment of spousal support.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2017-01-23 - Introduced, referred to Judiciary. H.J. 105. [HF72 Detail]

Download: Iowa-2017-HF72-Introduced.html

---

House File 72 - Introduced




                                 HOUSE FILE       
                                 BY  MOMMSEN

                                      A BILL FOR

  1 An Act relating to the criteria for determining payment of
  2    spousal support.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1857YH (1) 87
    pf/nh

PAG LIN



  1  1    Section 1.  Section 598.21A, subsection 1, Code 2017, is
  1  2 amended by adding the following new paragraph:
  1  3    NEW PARAGRAPH.  0f.  Other economic circumstances of each
  1  4 party, including property inherited or gifts received by either
  1  5 party, including in the form of a trust, and the potential
  1  6 income from any such inherited or gifted property. Future
  1  7 interests may be considered, but expectancies or interests
  1  8 arising from inherited or gifted property created under a
  1  9 will or other instrument under which the trustee, trustor,
  1 10 trust protector, or owner has the power to remove the party in
  1 11 question as a beneficiary, shall not be considered.
  1 12    Sec. 2.  Section 598.21A, Code 2017, is amended by adding the
  1 13 following new subsection:
  1 14    NEW SUBSECTION.  1A.  Primary consideration in determining
  1 15 support.  In determining support under this section, the primary
  1 16 consideration of the court shall be the actual need of a party
  1 17 for support and the ability of the other party to provide
  1 18 payment of such support such that each party maintains a
  1 19 standard of living reasonably comparable to that enjoyed during
  1 20 the marriage.
  1 21                           EXPLANATION
  1 22 The inclusion of this explanation does not constitute agreement with
  1 23 the explanation's substance by the members of the general assembly.
  1 24    This bill provides a new criterion for the determination of
  1 25 the awarding of spousal support. In considering whether to
  1 26 grant an order requiring support payments to either party, the
  1 27 court is to consider the economic circumstances of each party,
  1 28 including property inherited or gifts received by either party,
  1 29 including in the form of a trust, and the potential income from
  1 30 the inherited or gifted property. As with the actual division
  1 31 of property of the parties, the court may consider future
  1 32 interests, but expectancies or interests arising from inherited
  1 33 or gifted property created under a will or other instrument
  1 34 under which the trustee, trustor, trust protector, or owner has
  1 35 the power to remove the party in question as a beneficiary,
  2  1 shall not be considered.
  2  2    The bill also provides that the primary consideration in
  2  3 determining an award of spousal support is the actual need
  2  4 of a party for support and the ability of the other party to
  2  5 provide payment of such support such that each party maintains
  2  6 a standard of living reasonably comparable to that enjoyed
  2  7 during the marriage.
       LSB 1857YH (1) 87
       pf/nh