House File 2103 - Introduced HOUSE FILE 2103 BY WILLS , CARLSON , LUNDGREN , FRY , NORDMAN , DUNWELL , HAYES , DIEKEN , MOMMSEN , HENDERSON , SHERMAN , VONDRAN , STOLTENBERG , FISHER , GRABER , MOORE , COLLINS , GOLDING , STONE , KNIFF MCCULLA , JONES , GRASSLEY , and GUSTOFF A BILL FOR An Act relating to a fathers obligation for payment of 1 expenses including those related to a mothers pregnancy and 2 the birth of a child born out of wedlock. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5214YH (9) 90 pf/ko
H.F. 2103 Section 1. Section 600B.1, Code 2024, is amended to read as 1 follows: 2 600B.1 Obligation of parents. 3 The parents of a child born out of wedlock and not 4 legitimized (in this chapter referred to as the child) owe 5 the child necessary maintenance, education, and support. They 6 The parents are also liable for the childs funeral expenses. 7 The father is also liable to pay the expense expenses of the 8 mothers pregnancy and confinement the childs birth . 9 Sec. 2. Section 600B.4, Code 2024, is amended to read as 10 follows: 11 600B.4 Recovery by others than mother. 12 The obligation of the father as hereby provided also creates 13 also a cause of action on behalf of the legal representative of 14 the mother, or on behalf of third persons furnishing support 15 or defraying the reasonable expenses thereof of support , where 16 paternity has been judicially established by proceedings 17 brought by the mother or by or on behalf of the child or by 18 the authorities charged with its the childs support, or where 19 paternity has been acknowledged by the father in writing or by 20 the part performance of the obligations imposed upon him the 21 father . 22 Sec. 3. Section 600B.6, Code 2024, is amended to read as 23 follows: 24 600B.6 Liability of the fathers estate. 25 The obligation of the father, when his paternity has 26 been judicially established in his lifetime , or has been 27 acknowledged by him in writing or by the part performance of 28 his obligations, is enforceable against his the fathers estate 29 in such an amount as the court may determine determined by the 30 court , having regard to considering the age of the child, the 31 ability of the mother to support it the child , the amount of 32 property left by the father, the number, age, and financial 33 condition of the lawful issue, if any, and the rights of the 34 widow, if any. The court may direct the discharge of the 35 -1- LSB 5214YH (9) 90 pf/ko 1/ 6
H.F. 2103 obligation by periodical payments or by the payment of a lump 1 sum. 2 Sec. 4. Section 600B.7, Code 2024, is amended to read as 3 follows: 4 600B.7 Proceedings to establish paternity. 5 Proceedings to establish paternity and to compel support by 6 the father may be brought in accordance with the provisions of 7 this chapter . They The proceedings shall not be exclusive of 8 other proceedings that may be available on principles of law 9 and equity. 10 Sec. 5. Section 600B.8, Code 2024, is amended to read as 11 follows: 12 600B.8 Who may institute proceedings. 13 The proceedings may be brought by the mother, or other 14 interested person, or if the child is or is likely to be a 15 public charge, by the authorities charged with its the childs 16 support. After the death of the mother or in In the case of her 17 the mothers death or disability, it the proceedings may also 18 be brought by the child acting through its the childs guardian 19 or next friend. 20 Sec. 6. Section 600B.13, Code 2024, is amended to read as 21 follows: 22 600B.13 Form of complaint verification. 23 The complaint may be made in writing, or oral orally and 24 in the presence of the complainant reduced to writing by the 25 prosecuting attorney. It The complaint shall be verified by 26 oath or affirmation of the complainant. 27 Sec. 7. Section 600B.16, Code 2024, is amended to read as 28 follows: 29 600B.16 Lis pendens. 30 From the time of the filing of such a complaint, a lien shall 31 be created upon the real property of the accused defendant in 32 the county where the action is pending for the payment of any 33 money and the performance of any order adjudged by the proper 34 court. 35 -2- LSB 5214YH (9) 90 pf/ko 2/ 6
H.F. 2103 Sec. 8. Section 600B.17, Code 2024, is amended to read as 1 follows: 2 600B.17 Writ of attachment. 3 The district court may order an attachment to issue thereon 4 upon the real property of the defendant without bond , which . 5 The order shall specify the amount of property to be seized 6 thereunder , and may be revoked at any time by such the court on 7 a showing made for a revocation of the same order , and on such 8 terms as such the court may deem proper in the premises. 9 Sec. 9. Section 600B.19, Code 2024, is amended to read as 10 follows: 11 600B.19 County attorney to prosecute. 12 The county attorney, on upon being notified of the facts 13 justifying a complaint as provided in this chapter , or of the 14 filing of such a complaint, shall prosecute the matter in on 15 behalf of the complainant. 16 Sec. 10. Section 600B.21, Code 2024, is amended to read as 17 follows: 18 600B.21 Death, absence or mental illness , or absence of 19 mother testimony receivable. 20 If after the complaint is filed the mother dies or becomes 21 mentally ill , is diagnosed with a mental illness, or cannot be 22 found within the jurisdiction, the proceeding does not abate, 23 but the child shall be substituted as the complainant. The 24 testimony of the mother taken by deposition as in other civil 25 cases , may in any such case be read as evidence and in all cases 26 such testimony shall be read as evidence if demanded by the 27 defendant. 28 Sec. 11. Section 600B.22, Code 2024, is amended to read as 29 follows: 30 600B.22 Death of defendant. 31 In case of the death of the defendant , the action may be 32 prosecuted against the personal representative of the deceased 33 with like effects as if the defendant were living, subject as 34 regards to the measure amount of support to the provision of 35 -3- LSB 5214YH (9) 90 pf/ko 3/ 6
H.F. 2103 determined by the court under section 600B.6 . 1 Sec. 12. Section 600B.25, Code 2024, is amended to read as 2 follows: 3 600B.25 Form of judgment contents of support order 4 medical support uncovered medical expenses other expenses 5 related to pregnancy and birth evidence costs. 6 1. Upon a finding of paternity pursuant to section 600B.24 , 7 the all of the following shall apply: 8 a. The court shall establish the fathers monthly child 9 support payment and the amount of the support debt accrued 10 or accruing pursuant to section 598.21B , and shall establish 11 medical support pursuant to chapter 252E . The child support 12 obligation shall include support of the child between the 13 ages of eighteen and nineteen years if the child is engaged 14 full-time in completing high school graduation or equivalency 15 requirements in a manner which is reasonably expected to result 16 in completion of the requirements prior to the person reaching 17 nineteen years of age. 18 b. The court may order the father to pay amounts the court 19 deems appropriate for the past support and maintenance of the 20 child and for the reasonable and necessary uncovered medical 21 expenses incurred by or for the mother in connection with 22 prenatal care, the mothers pregnancy and the birth of the 23 child , and postnatal care of the child and the mother, and 24 other medical support as defined in section 252E.1 . Absent 25 good cause or agreement of the parties, any amount the court 26 orders the father to pay toward uncovered medical expenses 27 related to the mothers pregnancy and the birth of the child 28 shall be established in proportion to each parents respective 29 net income as calculated under the child support guidelines 30 established pursuant to section 598.21B, and shall take into 31 account any amount the father previously paid toward such 32 uncovered medical expenses. 33 c. The court may order the father to pay a separate amount 34 toward any other reasonable and necessary expenses incurred by 35 -4- LSB 5214YH (9) 90 pf/ko 4/ 6
H.F. 2103 the mother related to the mothers pregnancy prior to the birth 1 of the child, and incurred by the mother to provide essential 2 items for the health, well-being, and safety of the newborn. 3 d. The court may award the prevailing party the reasonable 4 costs of suit, including but not limited to reasonable attorney 5 fees. 6 2. A copy of a bill for the costs of prenatal care or 7 uncovered medical expenses incurred by or for the mother 8 in connection with the mothers pregnancy and the birth of 9 the child shall be admitted as evidence, without requiring 10 third-party foundation testimony, and shall constitute prima 11 facie evidence of amounts incurred. 12 Sec. 13. Section 600B.39, Code 2024, is amended to read as 13 follows: 14 600B.39 Child defined. 15 For the purposes of this chapter , child means a person born 16 out of wedlock and not legitimized who is less than eighteen 17 years of age. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanations substance by the members of the general assembly. 21 This bill relates to the obligation of parents of a child 22 born out of wedlock for support. 23 The bill amends Code chapter 600B (paternity and obligation 24 for support) to provide that the court shall establish medical 25 support pursuant to Code chapter 252E (medical support) and may 26 order the payment of the reasonable and necessary uncovered 27 medical expenses incurred by or for the mother in connection 28 with the mothers pregnancy and the birth of the child. The 29 bill provides that absent good cause or agreement of the 30 parties, any amount the court orders the father to pay toward 31 uncovered medical expenses related to the mothers pregnancy 32 and the birth of the child shall be established in proportion 33 to each parents respective net income as calculated under the 34 child support guidelines established pursuant to Code section 35 -5- LSB 5214YH (9) 90 pf/ko 5/ 6
H.F. 2103 598.21B (orders for child support and medical support) and 1 shall take into account any amount the father previously paid 2 toward such expenses. Additionally, the bill provides that the 3 court may order the father to pay a separate amount toward any 4 other reasonable and necessary expenses incurred by the mother 5 related to the mothers pregnancy prior to the birth of the 6 child, and incurred by the mother to provide essential items 7 for the health, well-being, and safety of the newborn. 8 The bill makes conforming and other changes in Code chapter 9 600B consistent with the bill. 10 -6- LSB 5214YH (9) 90 pf/ko 6/ 6