Bill Summary – FastDemocracy

House File 416 - Introduced
                                  HOUSE FILE 416
                                  BY COMMITTEE ON JUDICIARY
                                  (SUCCESSOR TO HF 11)
                            A BILL FOR
An Act relating to support of a child including support
  relative to the child’s completion of high school graduation
  or equivalency requirements.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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    Section 1. Section 239B.1, subsection 3, Code 2021, is
 amended to read as follows:
    3. “Child” means an unmarried person who is less than
 eighteen years of age or an unmarried person who is eighteen
 years of age and is engaged full-time in completing high school
 graduation or equivalency requirements in a manner which
 is so long as such full-time engagement is continuous and
 reasonably expected to result in completion of the requirements
 prior to the person reaching nineteen years of age, until the
 person reaches nineteen years of age or completes high school
 graduation or equivalency requirements, whichever occurs first.
    Sec. 2. Section 252A.3, subsections 2 and 11, Code 2021, are
 amended to read as follows:
    2. A parent is liable for the support of the parent’s
 child or children under eighteen years of age, whenever the
 other parent of such child or children is dead, or cannot be
 found, or is incapable of supporting the child or children,
 and, if the liable parent is possessed of sufficient means
 or able to earn the means. The court having jurisdiction of
 the respondent in a proceeding instituted under this chapter
 shall establish the respondent’s monthly support payment and
 the amount of the support debt accrued and accruing pursuant
 to section 598.21B. The support obligation shall include
 support of a parent’s child between the ages of eighteen and
 nineteen years if the child is engaged full-time in completing
 high school graduation or equivalency requirements in a manner
 which is so long as such full-time engagement is continuous and
 reasonably expected to result in completion of the requirements
 prior to the person reaching, until the person reaches nineteen
 years of age or completes high school graduation or equivalency
 requirements, whichever occurs first.
    11. If paternity of a child born out of wedlock is
 established as provided in subsection 10, the court shall
 establish the respondent’s monthly support payment and the
 amount of the support debt accrued and accruing pursuant to
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 section 598.21B. The support obligation shall include support
 of the child between the ages of eighteen and nineteen years
 if the child is engaged full-time in completing high school
 graduation or equivalency requirements in a manner which is so
 long as such full-time engagement is continuous and reasonably
 expected to result in completion of the requirements prior to
 the person reaching, until the person reaches nineteen years
 of age or completes high school graduation or equivalency
 requirements, whichever occurs first.
    Sec. 3. Section 252F.1, subsection 2, Code 2021, is amended
 to read as follows:
    2. “Child” means a person who is less than age eighteen or
 a person who is age eighteen but less than age nineteen and
 is engaged full-time in completing high school graduation or
 equivalency requirements in a manner which is so long as such
 full-time engagement is continuous and reasonably expected to
 result in completion of the requirements prior to the person
 reaching age nineteen, until the person reaches nineteen years
 of age or completes high school graduation or equivalency
 requirements, whichever occurs first.
    Sec. 4. Section 252H.12, subsection 2, Code 2021, is amended
 to read as follows:
    2. The support order provides for the ongoing support of at
 least one child under the age of eighteen or a child between
 the ages of eighteen and nineteen who has not yet graduated
 from high school but who is engaged full-time in completing
 high school graduation or equivalency requirements so long as
 such full-time engagement is continuous and reasonably expected
 to graduate from high school before attaining the age of result
 in completion of the requirements, until the person reaches
 nineteen years of age or completes high school graduation or
 equivalency requirements, whichever occurs first.
    Sec. 5. Section 252H.22, subsection 2, Code 2021, is amended
 to read as follows:
    2. The support order provides for the ongoing support of at
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                                H.F. 416
 least one child under the age of eighteen or a child between
 the ages of eighteen and nineteen who has not yet graduated
 from high school but who is engaged full-time in completing
 high school graduation or equivalency requirements so long as
 such full-time engagement is continuous and reasonably expected
 to graduate from high school before attaining the age of result
 in completion of the requirements, until the person reaches
 nineteen years of age or completes high school graduation or
 equivalency requirements, whichever occurs first.
    Sec. 6. Section 598.1, subsection 9, Code 2021, is amended
 to read as follows:
    9. “Support” or “support payments” means an amount which
 the court may require either of the parties to pay under a
 temporary order or a final judgment or decree, and may include
 alimony, child support, maintenance, and any other term used
 to describe these obligations. For orders entered on or after
 July 1, 1990, unless the court specifically orders otherwise,
 medical support is not included in the monetary amount of child
 support. The For orders entered on or after July 1, 2021,
 obligations shall include support for a child who is between
 until the ages of child reaches eighteen and nineteen years who
 of age, or for a child who is engaged full-time in completing
 high school graduation or equivalency requirements in a manner
 which so long as such full-time engagement is continuous and
 reasonably expected to result in completion of the requirements
 prior to, until the person reaching child reaches nineteen
 years of age or completes high school graduation or equivalency
 requirements, whichever occurs first; and 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.
    Sec. 7. Section 600B.25, subsection 1, Code 2021, is amended
 to read as follows:
    1. Upon a finding of paternity pursuant to section 600B.24,
 the court shall establish the father’s monthly support payment
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 and the amount of the support debt accrued or accruing pursuant
 to section 598.21B. The support obligation shall include
 support of the child between the ages of eighteen and nineteen
 years if the child is engaged full-time in completing high
 school graduation or equivalency requirements in a manner which
 is so long as such full-time engagement is continuous and
 reasonably expected to result in completion of the requirements
 prior to the person reaching nineteen years of age, until the
 person reaches nineteen years of age or completes high school
 graduation or equivalency requirements, whichever occurs first.
 The court may order the father to pay amounts the court deems
 appropriate for the past support and maintenance of the child
 and for the reasonable and necessary expenses incurred by or
 for the mother in connection with prenatal care, the birth of
 the child, and postnatal care of the child and the mother, and
 other medical support as defined in section 252E.1. The court
 may award the prevailing party the reasonable costs of suit,
 including but not limited to reasonable attorney fees.
                           EXPLANATION
         The inclusion of this explanation does not constitute agreement with
          the explanation’s substance by the members of the general assembly.
    This bill provides that the definition of “support” or
 “support payments” for orders entered on or after July 1,
 2021, includes obligations for support of a child until age
 18, or for a child who is engaged full-time in completing high
 school graduation or equivalency requirements so long as such
 full-time engagement is continuous and reasonably expected
 to result in completion of the requirements, until the child
 reaches 19 years of age or completes high school graduation or
 equivalency requirements, whichever occurs first. Current law
 provides that the obligations for support or support payments
 include support for a child who is between the ages of 18 and
 19 years who is engaged full-time in completing high school
 graduation or equivalency requirements in a manner which is
 reasonably likely expected to result in completion of the
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                             H.F. 416
requirements prior to the person reaching 19 years of age.
  The bill makes conforming changes throughout the Code to
reflect changes in the definition of “support” or “support
payments” in the bill.
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Statutes affected: 
Introduced: 239B.1, 252H.12, 252H.22, 598.1, 600B.25