252A.3 - LIABILITY FOR SUPPORT.
252A.3 LIABILITY FOR SUPPORT.
For the purpose of this chapter:
1. A spouse is liable for the support of the other spouse and any
child or children under eighteen years of age and any other
dependent. The court shall establish the respondent's monthly
support payment and the amount of the support debt accrued and
accruing pursuant to section 598.21A or 598.21B, as applicable.
2. A parent is liable for the support of the parent's child or
children under eighteen years of age, whenever the other parent of
such child or children is dead, or cannot be found, or is incapable
of supporting the child or children, and, if the liable parent is
possessed of sufficient means or able to earn the means. The court
having jurisdiction of the respondent in a proceeding instituted
under this chapter shall establish the respondent's monthly support
payment and the amount of the support debt accrued and accruing
pursuant to section 598.21B. The support obligation shall include
support of a parent's child between the ages of eighteen and nineteen
years if the child is engaged full-time in completing high school
graduation or equivalency requirements in a manner which is
reasonably expected to result in completion of the requirements prior
to the person reaching nineteen years of age.
3. The parents are severally liable for the support of a
dependent child eighteen years of age or older, whenever such child
is unable to maintain the child's self and is likely to become a
public charge.
4. A child or children born of parents who, at any time prior or
subsequent to the birth of such child, have entered into a civil or
religious marriage ceremony, shall be deemed the legitimate child or
children of both parents, regardless of the validity of such
marriage.
5. A child or children born of parents who held or hold
themselves out as husband and wife by virtue of a common law marriage
are deemed the legitimate child or children of both parents.
6. A man or woman who was or is held out as the person's spouse
by a person by virtue of a common law marriage is deemed the
legitimate spouse of such person.
7. Notwithstanding the fact that the respondent has obtained in
any state or country a final decree of divorce or separation from the
respondent's spouse or a decree dissolving the marriage, the
respondent shall be deemed legally liable for the support of any
dependent child of such marriage.
8. The parents of a child born out of wedlock shall be severally
liable for the support of the child, but the liability of the father
shall not be enforceable unless paternity has been legally
established. Paternity may be established as follows:
a. By order of a court of competent jurisdiction or by
administrative order when authorized by state law.
b. By the statement of the person admitting paternity in
court and upon concurrence of the mother. If the mother was married,
at the time of conception, birth, or at any time during the period
between conception and birth of the child, to an individual other
than the person admitting paternity, the individual to whom the
mother was married at the time of conception, birth, or at any time
during the period between conception and birth must deny paternity in
order to establish the paternity of the person admitting paternity
upon the sole basis of the admission.
c. Subject to the right of any signatory to rescind as
provided in section 252A.3A, subsection 12, by the filing and
registration by the state registrar of an affidavit of paternity
executed on or after July 1, 1993, as provided in section 252A.3A,
provided that the mother of the child was unmarried at the time of
conception, birth, and at any time during the period between
conception and birth of the child or if the mother was married at the
time of conception, birth, or at any time during the period between
conception and birth of the child, a court of competent jurisdiction
has determined that the individual to whom the mother was married at
that time is not the father of the child.
d. By establishment of paternity in a foreign jurisdiction in
any manner provided for by the laws of that jurisdiction.
9. If paternity of a child born out of wedlock is established as
provided in subsection 8, the court shall establish the respondent's
monthly support payment and the amount of the support debt accrued
and accruing pursuant to section 598.21B. The support obligation
shall include support of the child between the ages of eighteen and
nineteen years if the child is engaged full-time in completing high
school graduation or equivalency requirements in a manner which is
reasonably expected to result in completion of the requirements prior
to the person reaching nineteen years of age.
10. The court may order a party to pay sums sufficient to provide
necessary food, shelter, clothing, care, medical or hospital
expenses, including medical support as defined in chapter 252E,
expenses of confinement, expenses of education of a child, funeral
expenses, and such other reasonable and proper expenses of the
dependent as justice requires, giving due regard to the circumstances
of the respective parties. Section History: Early Form
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 252A.3] Section History: Recent Form
89 Acts, ch 166, § 2; 93 Acts, ch 79, §12; 94 Acts, ch 1171, §12;
96 Acts, ch 1141, § 16; 97 Acts, ch 175, § 1, 10, 11; 2005 Acts, ch
69, §2, 3
Referred to in § 144.12A, 144.13, 252A.3A, 600B.41A
Spousal support debt for medical assistance to institutionalized
spouse; chapter 249B