§ 598.21B — Orders for child support and medical support

Iowa § 598.21B

• Jurisdiction: Iowa
• Title XV: JUDICIAL BRANCH AND JUDICIAL PROCEDURES
• Ch. 598: DISSOLUTION OF MARRIAGE AND DOMESTIC RELATIONS

Text

1. Child support guidelines.
a. The supreme court shall maintain uniform child support guidelines and criteria and
reviewtheguidelinesandcriteriaatleastonceeveryfouryears,pursuanttothefederalFamily
Support Act of 1988, Pub. L. No. 100-485. The initial review shall be performed within four
years of October 12, 1989, and subsequently within the four-year period of the most recent
review.
b. The guidelines prescribed by the supreme court shall incorporate provisions for
medical support as defined in chapter 252E to be effective on or before January 1, 1991.
c. It is the intent of the general assembly that, to the extent possible within the
requirements of federal law, the court and child support services consider the individual
facts of each judgment or case in the application of the guidelines and determine the support
obligation accordingly. It is also the intent of the general assembly that in the supreme
court’s review of the guidelines, the supreme court shall do both of the following:
(1) Emphasize the ability of a court to apply the guidelines in a just and appropriate
manner based upon the individual facts of a judgment or case.
(2) In determining monthly child support payments, consider other children for whom
either parent is legally responsible for support and other child support obligations actually
paid by either party pursuant to a court or administrative order.
d. The guidelines prescribed by the supreme court shall be used by the department of
health and human services in determining child support payments under sections 252C.2 and
252C.4. A variation from the guidelines shall not be considered by the department without
15 DISSOLUTION OF MARRIAGE AND DOMESTIC RELATIONS, §598.21B
a record or written finding, based on stated reasons, that the guidelines would be unjust or
inappropriate as determined under criteria prescribed by the supreme court.
2. Child support orders.
a. Court’s authority. Unless prohibited pursuant to 28 U.S.C. §1738B, upon every
judgment of annulment, dissolution, or separate maintenance, the court may order either
parent or both parents to pay an amount reasonable and necessary for supporting a child.
b. Calculating amount of support.
(1) Inestablishingtheamountofsupport,considerationshallbegiventotheresponsibility
of both parents to support and provide for the welfare of the minor child and of a child’s need,
whenever practicable, for a close relationship with both parents.
(2) For purposes of calculating a support obligation under this section, the income of the
parent from whom support is sought shall be used as the noncustodial parent income for
purposes of application of the guidelines, regardless of the legal custody of the child.
(3) For the purposes of including a child’s dependent benefit in calculating a support
obligation under this section for a child whose parent has been awarded disability benefits
under the federal Social Security Act, the provisions of section 598.22C shall apply.
c. Rebuttable presumption in favor of guidelines. There shall be a rebuttable
presumption that the amount of child support which would result from the application of
the guidelines prescribed by the supreme court is the correct amount of child support to be
awarded.
d. Variationfromguidelines. A variation from the guidelines shall not be considered by a
court without a record or written finding, based on stated reasons, that the guidelines would
be unjust or inappropriate as determined under the criteria prescribed by the supreme court.
e. Special circumstances justifying variation from guidelines. Unless the special
circumstances of the case justify a deviation, the court or child support services shall
establish a monthly child support payment in accordance with the guidelines for a parent
who is nineteen years of age or younger, who has not received a high school or high school
equivalency diploma, and to whom each of the following apply:
(1) Theparentisattendingaschoolorprogramdescribedasfollowsorhasbeenidentified
as one of the following:
(a) The parent is in full-time attendance at an accredited school and is pursuing a course
of study leading to a high school diploma.
(b) The parent is attending an instructional program leading to a high school equivalency
diploma.
(c) The parent is attending a career and technical education program approved pursuant
to chapter 256, subchapter VII, part 2.
(d) The parent has been identified by the director of special education of the area
education agency as a child requiring special education as defined in section 256B.2.
(2) The parent provides proof of compliance with the requirements of subparagraph (1)
to child support services, if child support services is providing services under chapter 252B,
or if child support services is not providing services pursuant to chapter 252B, to the court
as the court may direct. Failure to provide proof of compliance under this subparagraph or
proof of compliance under section 598.21G is grounds for modification of the support order
using the uniform child support guidelines and imputing an income to the parent equal to a
forty-hour workweek at the state minimum wage, unless the parent’s education, experience,
or actual earnings justify a higher income.
3. Medical support. The court shall order child medical support as provided in section
252E.1A. The premium cost of a health benefit plan may be considered by the court as a
reason for varying from the child support guidelines.
4. Necessary content of order. Orders made pursuant to this section need mention only
those factors relevant to the particular case for which the orders are made but shall contain
the names, birth dates, addresses, and counties of residence of the petitioner and respondent.