Bill Text: IA HSB30 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to proceedings and actions regarding paternity and the obligation for support.
Spectrum: Committee Bill
Status: (N/A - Dead) 2017-02-01 - Committee report, recommending passage. H.J. 179. [HSB30 Detail]
Download: Iowa-2017-HSB30-Introduced.html
House
Study
Bill
30
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
BALTIMORE)
A
BILL
FOR
An
Act
relating
to
proceedings
and
actions
regarding
paternity
1
and
the
obligation
for
support.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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_____
Section
1.
Section
600B.37,
Code
2017,
is
amended
to
read
1
as
follows:
2
600B.37
Contempt.
3
If
the
father
a
party
fails
to
comply
with
or
violates
the
4
terms
or
conditions
of
a
support
an
order
made
pursuant
to
the
5
provisions
of
this
chapter
,
the
father
party
shall
be
held
in
6
contempt
and
punished
by
the
court
in
the
same
manner
and
to
7
the
same
extent
as
is
provided
by
law
for
a
contempt
of
such
8
court
in
any
other
suit
or
proceeding
cognizable
by
such
court.
9
Sec.
2.
NEW
SECTION
.
600B.37A
Action
for
default
or
10
contempt
——
costs.
11
If
an
action
is
brought
on
the
grounds
that
a
party
to
an
12
order
made
pursuant
to
this
chapter
is
in
default
or
contempt
13
of
the
order,
and
the
court
determines
that
the
party
is
in
14
default
or
contempt
of
the
order,
the
costs
of
the
proceeding,
15
including
reasonable
attorney
fees,
may
be
taxed
against
that
16
party.
17
Sec.
3.
Section
600B.40,
Code
2017,
is
amended
to
read
as
18
follows:
19
600B.40
Custody
and
visitation.
20
1.
The
mother
of
a
child
born
out
of
wedlock
whose
paternity
21
has
not
been
acknowledged
and
who
has
not
been
adopted
has
sole
22
custody
of
the
child
unless
the
court
orders
otherwise.
If
a
23
judgment
of
paternity
is
entered,
the
father
may
petition
for
24
rights
of
visitation
or
custody
in
the
same
paternity
action
or
25
in
an
equity
proceeding
separate
from
any
action
to
establish
26
paternity.
27
2.
In
determining
the
visitation
or
custody
arrangements
28
of
a
child
born
out
of
wedlock,
if
a
judgment
of
paternity
is
29
entered
and
the
mother
of
the
child
has
not
been
awarded
sole
30
custody,
section
598.41
shall
apply
to
the
determination,
as
31
applicable,
and
the
court
shall
consider
the
factors
specified
32
in
section
598.41,
subsection
3
,
including
but
not
limited
to
33
the
factor
related
to
a
parent’s
history
of
domestic
abuse.
34
3.
In
a
proceeding
under
this
chapter
to
determine
custody
35
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_____
or
visitation
or
to
modify
a
custody
or
visitation
order,
1
section
598.15
shall
apply
to
the
parties.
2
EXPLANATION
3
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
4
the
explanation’s
substance
by
the
members
of
the
general
assembly.
5
This
bill
relates
to
paternity
and
the
obligation
of
support
6
under
Code
chapter
600B.
7
The
bill
amends
the
Code
section
that
requires
a
father
who
8
fails
to
comply
with
or
violates
the
terms
or
conditions
of
a
9
support
order
to
be
punished
in
the
same
manner
and
to
the
same
10
extent
as
provided
by
law
for
a
contempt
of
the
court
in
any
11
other
suit
or
proceeding,
to
instead
apply
to
a
party,
not
only
12
a
father,
who
fails
to
comply
with
or
violates
an
order,
not
13
only
a
support
order,
made
pursuant
to
the
provisions
of
the
14
Code
chapter.
15
The
bill
also
provides
that
when
an
action
is
brought
on
the
16
grounds
that
a
party
is
in
contempt
or
default
of
an
order
made
17
pursuant
to
the
Code
chapter,
and
the
court
determines
that
the
18
party
is
in
contempt
or
default
of
the
order,
the
costs
of
the
19
proceeding,
including
reasonable
attorney
fees,
may
be
taxed
20
against
that
party.
21
The
bill
also
amends
the
custody
and
visitation
provisions
22
under
Code
chapter
600B,
to
provide
that
in
a
proceeding
under
23
the
Code
chapter
to
determine
custody
or
visitation
or
to
24
modify
a
custody
or
visitation
order,
the
provision
under
Code
25
section
598.15,
relating
to
the
mandatory
participation
by
the
26
parties
in
a
court-approved
course
to
educate
and
sensitize
27
the
parties
to
the
needs
of
any
child
or
party
during
and
28
subsequent
to
the
proceeding,
is
applicable
to
the
parties.
29
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