LAWS OF THE 2001 REGULAR SESSION
OF THE SEVENTY-NINTH
GENERAL ASSEMBLY OF THE STATE OF IOWA

CHAPTER 79

CHILD SUPPORT RECOVERY UNIT — COURT RECORDS ACCESS — SETOFF PAYMENTS FOR SUPPORT

H.F. 310   Bill History

AN ACT relating to child support enforcement, including disclosure of certain juvenile court records to the child support recovery unit, and federal tax and nontax setoff payments for accrued support, and providing effective dates.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 232.147, Code 2001, is amended by adding the following new subsection:

NEW SUBSECTION. 3A. Official juvenile court records enumerated in section 232.2, subsection 38, paragraph "e", relating to paternity, support, or the termination of parental rights, shall be disclosed, upon request, to the child support recovery unit without court order.

Sec. 2. Section 252B.5, subsection 4, Code 2001, is amended to read as follows:

4. Assistance to set off against a debtor's income tax refund or rebate any support debt, which is assigned to the department of human services or which the child support recovery unit is attempting to collect on behalf of any individual not eligible as a public assistance recipient, which has accrued through written contract, subrogation, or court judgment, and which is in the form of a liquidated sum due and owing for the care, support or maintenance of a child. Unless the periodic payment plan provisions for a retroactive modification pursuant to section 598.21, subsection 8, apply, the entire amount of a judgment for accrued support, notwithstanding compliance with a periodic payment plan or regardless of the date of entry of the judgment, is due and owing as of the date of entry of the judgment and is delinquent for the purposes of setoff, including for setoff against a debtor's federal income tax refund or other federal nontax payment. The department of human services shall promulgate adopt rules pursuant to chapter 17A necessary to assist the department of revenue and finance in the implementation of the child support setoff as established under section 421.17, subsection 21.

Sec. 3. Section 600.16A, Code 2001, is amended by adding the following new subsection:

NEW SUBSECTION. 4A. Notwithstanding subsection 2, a termination of parental rights order issued pursuant to section 600A.9 may be disclosed to the child support recovery unit, upon request, without court order.

Sec. 4. EFFECTIVE DATE. Section 2 of this Act, being deemed of immediate importance, takes effect upon enactment.

Approved April 25, 2001



Updated: 01-Nov-2001 10:07 PM
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