House File 2363 - Introduced HOUSE FILE 2363 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 2103) 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 5214HV (2) 90 pf/ko
H.F. 2363 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 5214HV (2) 90 pf/ko 1/ 6
H.F. 2363 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 5214HV (2) 90 pf/ko 2/ 6
H.F. 2363 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 , or cannot be found within the jurisdiction, the 22 proceeding does not abate, but the child shall be substituted 23 as the complainant. The testimony of the mother taken by 24 deposition as in other civil cases , may in any such case be 25 read as evidence and in all cases such testimony shall be read 26 as evidence if demanded by the defendant. 27 Sec. 11. Section 600B.22, Code 2024, is amended to read as 28 follows: 29 600B.22 Death of defendant. 30 In case of the death of the defendant , the action may be 31 prosecuted against the personal representative of the deceased 32 with like effects as if the defendant were living, subject as 33 regards to the measure amount of support to the provision of 34 determined by the court under section 600B.6 . 35 -3- LSB 5214HV (2) 90 pf/ko 3/ 6
H.F. 2363 Sec. 12. Section 600B.25, Code 2024, is amended to read as 1 follows: 2 600B.25 Form of judgment contents of support order 3 medical support uncovered medical expenses other expenses 4 related to pregnancy and birth evidence costs. 5 1. Upon a finding of paternity pursuant to section 600B.24 , 6 the all of the following shall apply: 7 a. The court shall establish the fathers monthly child 8 support payment and the amount of the support debt accrued 9 or accruing pursuant to section 598.21B , and shall establish 10 medical support pursuant to chapter 252E . The child support 11 obligation shall include support of the child between the 12 ages of eighteen and nineteen years if the child is engaged 13 full-time in completing high school graduation or equivalency 14 requirements in a manner which is reasonably expected to result 15 in completion of the requirements prior to the person reaching 16 nineteen years of age. 17 b. The court may order the father to pay amounts the court 18 deems appropriate for the past support and maintenance of the 19 child and for the reasonable and necessary uncovered medical 20 expenses incurred by or for the mother in connection with 21 prenatal care, the mothers pregnancy and the birth of the 22 child , and postnatal care of the child and the mother, and 23 other medical support as defined in section 252E.1 . Absent 24 good cause or agreement of the parties, any amount the court 25 orders the father to pay toward uncovered medical expenses 26 related to the mothers pregnancy and the birth of the child 27 shall be established in proportion to each parents respective 28 net income as calculated under the child support guidelines 29 established pursuant to section 598.21B, and shall take into 30 account any amount the father previously paid toward such 31 uncovered medical expenses. 32 c. The court may order the father to pay a separate amount 33 toward any other reasonable and necessary expenses incurred by 34 the mother related to the mothers pregnancy prior to the birth 35 -4- LSB 5214HV (2) 90 pf/ko 4/ 6
H.F. 2363 of the child, and incurred by the mother to provide essential 1 items for the health, well-being, and safety of the newborn. 2 d. The court may award the prevailing party the reasonable 3 costs of suit, including but not limited to reasonable attorney 4 fees. 5 2. A copy of a bill for the costs of prenatal care or 6 uncovered medical expenses incurred by or for the mother 7 in connection with the mothers pregnancy and the birth of 8 the child shall be admitted as evidence, without requiring 9 third-party foundation testimony, and shall constitute prima 10 facie evidence of amounts incurred. 11 Sec. 13. Section 600B.39, Code 2024, is amended to read as 12 follows: 13 600B.39 Child defined. 14 For the purposes of this chapter , child means a person born 15 out of wedlock and not legitimized who is less than eighteen 16 years of age. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanations substance by the members of the general assembly. 20 This bill relates to the obligation of parents of a child 21 born out of wedlock for support. 22 The bill amends Code chapter 600B (paternity and obligation 23 for support) to provide that the court shall establish medical 24 support pursuant to Code chapter 252E (medical support) and may 25 order the payment of the reasonable and necessary uncovered 26 medical expenses incurred by or for the mother in connection 27 with the mothers pregnancy and the birth of the child. The 28 bill provides that absent good cause or agreement of the 29 parties, any amount the court orders the father to pay toward 30 uncovered medical expenses related to the mothers pregnancy 31 and the birth of the child shall be established in proportion 32 to each parents respective net income as calculated under the 33 child support guidelines established pursuant to Code section 34 598.21B (orders for child support and medical support) and 35 -5- LSB 5214HV (2) 90 pf/ko 5/ 6
H.F. 2363 shall take into account any amount the father previously paid 1 toward such expenses. Additionally, the bill provides that the 2 court may order the father to pay a separate amount toward any 3 other reasonable and necessary expenses incurred by the mother 4 related to the mothers pregnancy prior to the birth of the 5 child, and incurred by the mother to provide essential items 6 for the health, well-being, and safety of the newborn. 7 The bill makes conforming and other changes in Code chapter 8 600B consistent with the bill. 9 -6- LSB 5214HV (2) 90 pf/ko 6/ 6