Iowa Code § 252H.5 — IA Code / Title VI / Chapter 252H / Section 252H.5
Fees and cost recovery for review adjustment modification.
Status: in_force

(1) Unless child support services is already providing support enforcement service pursuant to chapter 252B, a parent ordered to provide support, who requests a review of a support order under subchapter II, shall file an application for services pursuant to section 252B.4.

(2) A parent requesting a service shall pay the fee established for that service as established under this subsection. The fees established are not applicable to a parent who as a condition of eligibility for receiving public assistance benefits has assigned the rights to child or medical support for the order to be reviewed. The following fees shall be paid for the following services:

(2) (a) A fee for conducting the review, to be paid at the time the request for review is submitted to child support services. If the request for review is denied for any reason, the fee shall be refunded to the parent making the request. Any request submitted without full payment of the fee shall be denied.

(2) (b) A fee for a second review requested pursuant to section 252H.17, to be paid at the time the request for the second review is submitted to child support services. Any request submitted without full payment of the fee shall be denied.

(2) (c) A fee for activities performed by child support services in association with a court hearing requested pursuant to section 252H.8.

(2) (d) A fee for activities performed by child support services in entering an administrative order to adjust support when neither parent requests a court hearing pursuant to section 252H.8. The fee shall be paid during the postreview waiting period under section 252H.17. If the fee is not paid in full during the postreview notice period, further action shall not be taken by child support services to adjust the order unless the parent not requesting the adjustment pays the fee in full during the postreview waiting period, or unless the children affected by the order reviewed are currently receiving public assistance benefits and the proposed adjustment would result in either an increase in the amount of support or in provisions for medical support for the children.

(2) (e) A fee for conducting a conference requested pursuant to section 252H.20.

(3) A parent who requests a review of a support order pursuant to section 252H.13, shall pay any service of process fees for service or attempted service of the notice required in section 252H.15. Child support services shall not proceed to conduct a review pursuant to section 252H.16 until service of process fees have been paid in full. The service of process fee requirement of this subsection is not applicable to a parent who as a condition of eligibility for public assistance benefits has assigned the rights to child or medical support for the order to be reviewed. Service of process fees charged by a person other than child support services are distinct from any other fees and recovery of costs provided for in this section.

(4) Child support services shall, consistent with applicable federal law, recover administrative costs in excess of any fees collected pursuant to subsections 2 and 3 for providing services under this chapter and shall adopt rules providing for collection of fees for administrative costs.

(5) Child support services shall adopt rules pursuant to chapter 17A to establish procedures and criteria to determine the amount of any fees specified in this section and the administrative costs in excess of these fees.

93 Acts, ch 78, §28; 2019 Acts, ch 112, §3; 2020 Acts, ch 1063, §98; 2023 Acts, ch 19, §924