Bill Text: IA SF17 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act prohibiting a court from ordering payment of a postsecondary education subsidy for a child under a dissolution of marriage temporary order or final judgment or decree, and providing for application to existing orders, judgments, and decrees.(See SF 386.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-02-22 - Committee report approving bill, renumbered as SF 386. S.J. 397. [SF17 Detail]
Download: Iowa-2023-SF17-Introduced.html
Senate
File
17
-
Introduced
SENATE
FILE
17
BY
GREEN
A
BILL
FOR
An
Act
prohibiting
a
court
from
ordering
payment
of
a
1
postsecondary
education
subsidy
for
a
child
under
a
2
dissolution
of
marriage
temporary
order
or
final
judgment
or
3
decree,
and
providing
for
application
to
existing
orders,
4
judgments,
and
decrees.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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17
Section
1.
Section
252D.16,
subsection
3,
Code
2023,
is
1
amended
to
read
as
follows:
2
3.
“Support”
or
“support
payments”
means
any
amount
which
3
the
court
or
administrative
agency
may
require
a
person
to
pay
4
for
the
benefit
of
a
child
under
a
temporary
order
or
a
final
5
judgment
or
decree
entered
under
chapter
232
,
234
,
252A
,
252C
,
6
252F
,
252H
,
598
,
600B
,
or
any
other
comparable
chapter,
and
may
7
include
child
support,
maintenance,
medical
support
as
defined
8
in
chapter
252E
,
spousal
support,
and
any
other
term
used
to
9
describe
these
obligations.
These
obligations
may
include
10
support
for
a
child
of
any
age
who
is
dependent
on
the
parties
11
to
the
dissolution
proceedings
because
of
physical
or
mental
12
disability.
The
obligations
may
include
support
for
a
child
13
eighteen
or
more
years
of
age
with
respect
to
whom
a
child
14
support
order
has
been
issued
pursuant
to
the
laws
of
another
15
state
or
foreign
country.
These
obligations
shall
not
include
16
amounts
for
a
postsecondary
education
subsidy
as
defined
in
17
section
598.1
.
18
Sec.
2.
Section
598.1,
subsection
8,
Code
2023,
is
amended
19
to
read
as
follows:
20
8.
“Postsecondary
education
subsidy”
means
an
amount
which
21
either
of
the
parties
may
be
required
to
pay
under
a
temporary
22
order
or
final
judgment
or
decree
for
educational
expenses
of
23
a
child
who
is
between
the
ages
of
eighteen
and
twenty-two
24
years
if
the
child
is
regularly
attending
a
course
of
career
25
and
technical
training
either
as
a
part
of
a
regular
school
26
program
or
under
special
arrangements
adapted
to
the
individual
27
person’s
needs;
or
is,
in
good
faith,
a
full-time
student
in
a
28
college,
university,
or
community
college;
or
has
been
accepted
29
for
admission
to
a
college,
university,
or
community
college
30
and
the
next
regular
term
has
not
yet
begun.
31
Sec.
3.
Section
598.21F,
Code
2023,
is
amended
by
striking
32
the
section
and
inserting
in
lieu
thereof
the
following:
33
598.21F
Postsecondary
education
subsidy.
34
1.
Prohibited
order
of
postsecondary
education
subsidy.
The
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17
court
shall
not
order
either
of
the
parties
to
pay
a
1
postsecondary
education
subsidy
under
a
temporary
order
or
2
final
judgment
or
decree.
3
2.
Application.
A
support
order,
decree,
or
judgment
4
entered
or
pending
before
July
1,
2023,
that
provides
for
a
5
postsecondary
education
subsidy
may
be
modified
in
accordance
6
with
this
section.
7
Sec.
4.
Section
600.11,
subsection
2,
paragraph
a,
8
subparagraph
(6),
Code
2023,
is
amended
to
read
as
follows:
9
(6)
A
person
who
is
ordered
to
pay
support
or
a
10
postsecondary
education
subsidy
pursuant
to
section
598.21F
,
or
11
chapter
234
,
252A
,
252C
,
252F
,
598
,
600B
,
or
any
other
chapter
12
of
the
Code,
for
a
person
eighteen
years
of
age
or
older
who
is
13
being
adopted
by
a
stepparent,
and
the
support
order
or
order
14
requires
payment
of
support
or
postsecondary
education
subsidy
15
for
any
period
of
time
after
the
child
reaches
eighteen
years
16
of
age.
17
Sec.
5.
Section
714I.4,
subsection
3,
paragraph
a,
18
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
19
(1)
If
the
health
care
professional
used
the
health
care
20
professional’s
own
human
reproductive
material
for
assisted
21
reproduction
in
violation
of
section
714I.3,
subsection
2
,
22
the
health
care
professional
is
determined
through
blood
or
23
genetic
testing
to
be
a
biological
parent
as
defined
in
section
24
600A.2
of
the
child,
and
the
action
is
brought
within
the
time
25
limitations
specified
in
section
614.8
,
damages
in
an
amount
26
that
is
the
sum
of
all
of
the
following:
27
(a)
The
basic
support
obligation
prescribed
by
the
child
28
support
guidelines
established
pursuant
to
section
598.21B
29
based
on
the
health
care
professional’s
monthly
adjusted
net
30
income
for
the
time
period
specified
for
support
for
a
child
31
under
section
598.1,
subsection
9
.
32
(b)
Medical
support
as
defined
in
section
252E.1
.
33
(c)
A
postsecondary
education
subsidy
as
defined
in
section
34
598.1
.
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(d)
(c)
Such
other
sums
as
described
in
section
252A.3,
1
subsection
12
,
giving
due
regard
to
the
circumstances
of
the
2
plaintiff.
3
EXPLANATION
4
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
5
the
explanation’s
substance
by
the
members
of
the
general
assembly.
6
This
bill
eliminates
the
current
option
for
a
court
to
order
7
a
postsecondary
education
subsidy
and
instead
prohibits
a
8
court
from
ordering
the
payment
of
a
postsecondary
education
9
subsidy
by
parties
to
a
dissolution
of
marriage.
The
bill
also
10
provides
that
a
support
order,
decree,
or
judgment
entered
or
11
pending
before
July
1,
2023,
that
provides
for
a
postsecondary
12
education
subsidy
may
be
modified
in
accordance
with
the
bill.
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