Senate File 542 - Reprinted SENATE FILE 542 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1123) (As Amended and Passed by the Senate March 25, 2025 ) A BILL FOR An Act relating to the suspension of child support and medical 1 support in certain circumstances. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 SF 542 (4) 91 dg/ko/mb
S.F. 542 Section 1. NEW SECTION . 598.21H Suspension of child support 1 child in need of assistance proceedings. 2 1. Subject to 28 U.S.C. 1738B, the court may enter an ex 3 parte order suspending a child support or medical support order 4 entered under chapter 234, 252A, 252C, 252F, 600B, or this 5 chapter if all of the following conditions are met: 6 a. A dispositional or permanency order in juvenile court, 7 pursuant to chapter 232, places the custody or physical care 8 of a child with a person who is obligated to pay support for 9 the child pursuant to an order entered under chapter 234, 252A, 10 252C, 252F, 600B, or this chapter. 11 b. The juvenile court files a notice of change of custody 12 pursuant to section 232.102, subsection 11, or section 232.104, 13 subsection 11. 14 c. The person obligated to pay support files an application 15 requesting a suspension of support in the case in which child 16 support is ordered. The application shall identify the county 17 and docket number of the juvenile court proceeding, and the 18 date of the dispositional or permanency order, that placed the 19 custody or physical care of the child with the person obligated 20 to pay support. An application filed by a person obligated to 21 pay support shall also include the names and current addresses 22 of the payor and payee, and shall attach a copy of the notice of 23 change of custody filed under section 232.102, subsection 11, 24 or section 232.104, subsection 11. 25 2. The order suspending support shall be effective on the 26 date the next support payment is due, and that payment is 27 suspended. Any party, or child support services, may file an 28 objection to the order suspending support within twenty-one 29 calendar days after the date the order is entered. The court 30 shall schedule a hearing on the objection not later than 31 fifteen calendar days after the date the objection is filed, 32 and provide notice of the hearing to the parties. Unless 33 otherwise ordered by the court, the ex parte order shall become 34 final and terminate the support obligation sixty calendar days 35 -1- SF 542 (4) 91 dg/ko/mb 1/ 4
S.F. 542 following the date the juvenile court proceeding terminates. 1 3. The court may enter an ex parte order terminating a 2 suspension ordered under subsection 1 if all of the following 3 conditions are met: 4 a. The juvenile court returns the custody or physical care 5 of the child to the person who was previously entitled to 6 receive support for the child. 7 b. The juvenile court files a notice of change of custody 8 pursuant to section 232.101, subsection 11, or section 232.104, 9 subsection 11, to acknowledge the change of a childs custody 10 back to the person previously entitled to receive support for 11 the child. 12 c. The person who was previously entitled to receive support 13 for the child, or child support services, files an application 14 in the case in which the support was ordered, and then 15 suspended, to request that the suspension be terminated. The 16 application shall identify the county and docket number of the 17 juvenile court proceeding, and the date of the dispositional 18 or permanency order, that returned custody or physical care of 19 the child to the person who was previously entitled to receive 20 support for the child. An application filed by a person who 21 was previously entitled to receive support for a child shall 22 also include the names and current address of the payor and 23 payee, and shall attach a copy of the notice of change of 24 custody filed under section 232.102, subsection 11, or section 25 232.104, subsection 11, acknowledging the change of a childs 26 custody back to the person previously entitled to receive 27 support for the child. 28 4. An order terminating the suspension of support shall be 29 effective on the date the next support payment would be due 30 pursuant to the original support order, and the suspension 31 of that payment is terminated. Any party, or child support 32 services, may file an objection to the order ending the 33 suspension of support within twenty-one calendar days of the 34 date the order is entered. The court shall schedule a hearing 35 -2- SF 542 (4) 91 dg/ko/mb 2/ 4
S.F. 542 on the objection not later than fifteen calendar days after the 1 date the objection is filed, and provide notice of the hearing 2 to the parties. 3 5. A court shall waive any court costs or filing fee for an 4 application to suspend support, or an application to terminate 5 the suspension of support, filed under this section. The 6 supreme court shall prescribe standard forms for persons to 7 use under this section, and shall distribute the forms to the 8 clerks of the district court. 9 6. Notwithstanding any provision of law to the contrary, if 10 a juvenile court order placing custody or physical care of a 11 child is being used as the basis for an application or an ex 12 parte order under this section, the notice of change of custody 13 issued by the juvenile court pursuant to section 232.102, 14 subsection 11, or section 232.104, subsection 11, shall be 15 disclosed upon request to child support services without a 16 court order. 17 Sec. 2. Section 232.102, Code 2025, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 11. If, at the dispositional hearing, 20 the court transfers the custody or physical care of a child 21 to a person who is ordered to pay support for the child, the 22 juvenile court shall, upon request of the person ordered to pay 23 support, or the person owed support, file a notice of change of 24 custody so that the payor may request a suspension of support 25 under section 598.21H, in the district court case where support 26 was ordered. 27 a. The notice shall include all of the following: 28 (1) The childs initials and year of birth. The notice 29 shall not include the childs full name. 30 (2) A notice that, pursuant to a dispositional order, 31 the court has transferred custody of the child, including 32 an identification of from whom custody of the child was 33 transferred and to whom custody of the child was transferred. 34 (3) A notice that the parties may request a suspension 35 -3- SF 542 (4) 91 dg/ko/mb 3/ 4
S.F. 542 of the current child support obligation pursuant to section 1 598.21H. 2 b. If custody or physical care of the child is returned to 3 the person who was previously entitled to receive support for 4 the child, the court shall file a notice of change of custody 5 so that the person who was previously entitled to receive 6 support for the child, or child support services, may request 7 an end to a suspension of support under section 598.21H. 8 Sec. 3. Section 232.104, Code 2025, is amended by adding the 9 following new subsection: 10 NEW SUBSECTION . 11. If, at the permanency hearing, the 11 court transfers the custody or physical care of a child to 12 a person who is ordered to pay support for the child, the 13 juvenile court shall, upon request of the person ordered to pay 14 support or the person owed support, file a notice of change of 15 custody so that the payor may request a suspension of support 16 under section 598.21H, in the district court case where support 17 was ordered. 18 a. The notice shall include all of the following: 19 (1) The childs initials and year of birth. The notice 20 shall not include the childs full name. 21 (2) A notice that, pursuant to a permanency order, 22 the court has transferred custody of the child, including 23 an identification of from whom custody of the child was 24 transferred and to whom custody of the child was transferred. 25 (3) A notice that the parties may request a suspension 26 of the current child support obligation pursuant to section 27 598.21H. 28 b. If custody or physical care of the child is returned to 29 the person who was previously entitled to receive support for 30 the child, the court shall file a notice of change of custody 31 so that the person who was previously entitled to receive 32 support for the child, or child support services, may request 33 an end to a suspension of support under section 598.21H. 34 -4- SF 542 (4) 91 dg/ko/mb 4/ 4