Bill Summary – FastDemocracy

Senate File 17 - Introduced
                                  SENATE FILE 17
                                  BY GREEN
                            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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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    Section 1. Section 252D.16, subsection 3, Code 2023, is
 amended to read as follows:
    3. “Support” or “support payments” means any amount which
 the court or administrative agency may require a person to pay
 for the benefit of a child under a temporary order or a final
 judgment or decree entered under chapter 232, 234, 252A, 252C,
 252F, 252H, 598, 600B, or any other comparable chapter, and may
 include child support, maintenance, medical support as defined
 in chapter 252E, spousal support, and any other term used to
 describe these obligations. These obligations may include
 support for a child of any age who is dependent on the parties
 to the dissolution proceedings because of physical or mental
 disability. The obligations may include support for a child
 eighteen or more years of age with respect to whom a child
 support order has been issued pursuant to the laws of another
 state or foreign country. These obligations shall not include
 amounts for a postsecondary education subsidy as defined in
 section 598.1.
    Sec. 2. Section 598.1, subsection 8, Code 2023, is amended
 to read as follows:
    8. “Postsecondary education subsidy” means an amount which
 either of the parties may be required to pay under a temporary
 order or final judgment or decree for educational expenses of
 a child who is between the ages of eighteen and twenty-two
 years if the child is regularly attending a course of career
 and technical training either as a part of a regular school
 program or under special arrangements adapted to the individual
 person’s needs; or is, in good faith, a full-time student in a
 college, university, or community college; or has been accepted
 for admission to a college, university, or community college
 and the next regular term has not yet begun.
    Sec. 3. Section 598.21F, Code 2023, is amended by striking
 the section and inserting in lieu thereof the following:
    598.21F Postsecondary education subsidy.
    1. Prohibited order of postsecondary education subsidy. The
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 court shall not order either of the parties to pay a
 postsecondary education subsidy under a temporary order or
 final judgment or decree.
    2. Application. A support order, decree, or judgment
 entered or pending before July 1, 2023, that provides for a
 postsecondary education subsidy may be modified in accordance
 with this section.
    Sec. 4. Section 600.11, subsection 2, paragraph a,
 subparagraph (6), Code 2023, is amended to read as follows:
    (6) A person who is ordered to pay support or a
 postsecondary education subsidy pursuant to section 598.21F, or
 chapter 234, 252A, 252C, 252F, 598, 600B, or any other chapter
 of the Code, for a person eighteen years of age or older who is
 being adopted by a stepparent, and the support order or order
 requires payment of support or postsecondary education subsidy
 for any period of time after the child reaches eighteen years
 of age.
    Sec. 5. Section 714I.4, subsection 3, paragraph a,
 subparagraph (1), Code 2023, is amended to read as follows:
    (1) If the health care professional used the health care
 professional’s own human reproductive material for assisted
 reproduction in violation of section 714I.3, subsection 2,
 the health care professional is determined through blood or
 genetic testing to be a biological parent as defined in section
 600A.2 of the child, and the action is brought within the time
 limitations specified in section 614.8, damages in an amount
 that is the sum of all of the following:
    (a) The basic support obligation prescribed by the child
 support guidelines established pursuant to section 598.21B
 based on the health care professional’s monthly adjusted net
 income for the time period specified for support for a child
 under section 598.1, subsection 9.
    (b) Medical support as defined in section 252E.1.
    (c) A postsecondary education subsidy as defined in section
 598.1.
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  (d)(c) Such other sums as described in section 252A.3,
subsection 12, giving due regard to the circumstances of the
plaintiff.
                         EXPLANATION
         The inclusion of this explanation does not constitute agreement with
         the explanation’s substance by the members of the general assembly.
    This bill eliminates the current option for a court to order
 a postsecondary education subsidy and instead prohibits a
 court from ordering the payment of a postsecondary education
 subsidy by parties to a dissolution of marriage. The bill also
 provides that a support order, decree, or judgment entered or
 pending before July 1, 2023, that provides for a postsecondary
 education subsidy may be modified in accordance with the bill.
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Statutes affected: 
Introduced: 252D.16, 598.21F, 600.11