reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.83 - Offset Against State Income Tax Refund or Rebate

Current through Register Vol. 47, No. 3, July 24, 2024
The department will make a claim against an obligor's state
				  income tax refund or rebate when a support payment is delinquent as set forth
				  in 11-Chapter 40. A claim against an obligor's state income tax refund or
				  rebate shall apply to support which the department is attempting to
				  collect.
(1) By the first day of each
				month, the department shall submit to the department of administrative services
				a list of obligors who are delinquent at least $50 in support
				payments.
(2) When the department
				claims an obligor's state income tax refund or rebate, the department shall
				send a preoffset notice to the obligor to inform the obligor of the amount the
				department intends to claim and apply to support. The department shall send a
				preoffset notice when:
a. The department of
				administrative services notifies the department that the obligor is entitled to
				a state income tax refund or rebate; and
b. The obligor has a delinquency of $50 or
				greater.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.84 - Offset Against Federal Income Tax Refund and Federal Nontax Payment

Current through Register Vol. 47, No. 3, July 24, 2024
The department will make a claim against an obligor's federal
				  income tax refund or federal nontax payment when delinquent support is owed.
				  For purposes of this offset, delinquent support shall include the entire
				  balance of a judgment for accrued support, as provided in Iowa Code section
				  252B.5(4).
(1)
Amount of assigned
				support.
If the delinquent support is assigned to the department, the
				amount of delinquent support shall be at least $150, calculated by combining
				the assigned delinquent support in all of the obligor's cases in which the
				assigned delinquent support is at least $50.
(2)
Amount of nonassigned
				support.
If delinquent support is not assigned to the department, the
				claim shall be made if the amount of delinquent support is at least $500,
				calculated by combining the nonassigned delinquent support in all of the
				obligor's cases in which the nonassigned delinquent support is at least $50.
a. The amount distributed to an obligee shall
				be the amount remaining following payment of a support delinquency assigned to
				the department. The department shall distribute to an obligee the amount
				collected from an offset according to subrule 98.84(9) within the following
				time frames:
(1) Within six months from the
				date the department applies an offset amount from a joint income tax refund to
				the child support account of the responsible person, or within 15 days of the
				date of resolution of an appeal under subrule 98.84(8), whichever is later,
				or
(2) Within 30 days from the date
				the department applies an offset amount from a single income tax refund to the
				child support account of the responsible person, or within 15 days of the date
				of resolution of an appeal under subrule 98.84(8), whichever is
				later.
(3) However, the department
				is not required to distribute until it has received the amount collected from
				an offset from the federal Department of the Treasury.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.91 - Administrative Levy

Current through Register Vol. 47, No. 3, July 24, 2024
When there is a delinquency in an amount equal to the ordered
				  support payable for one month, the child support recovery unit may issue an
				  administrative levy to the obligor's financial institution.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.93 - Verification of Accounts

Current through Register Vol. 47, No. 3, July 24, 2024
The unit may contact a financial institution to obtain
				  verification of the account number, the names and social security numbers
				  listed on the account, and the account balance for an obligor's account. This
				  contact may be by telephone or written communication on Form 470-3170, Asset
				  Verification Form, or by computer printout.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.94 - Notice to Financial Institution

Current through Register Vol. 47, No. 3, July 24, 2024
The unit may send a notice to the financial institution with
				  which the account is placed, directing that the financial institution forward
				  to the collection services center all or a portion of the moneys in the
				  obligor's account or accounts on the date the notice is received. The notice
				  shall be sent by first-class mail, with proof of service completed according to
				  Rule of Civil Procedure 1.442. The notice to the financial institution shall
				  contain all of the information specified in Iowa Code chapter
				  252I.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.95 - Notice to Support Obligor

Current through Register Vol. 47, No. 3, July 24, 2024
The unit shall notify an obligor, and any other party known
				  to have an interest in the account, of the action. The notice shall contain all
				  of the information specified in Iowa Code chapter 252I. The unit shall forward
				  the notice by first-class mail within two working days of sending the notice to
				  the financial institution. Proof of service shall be completed according to
				  Rule of Civil Procedure 1.442.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.96 - Responsibilities of Financial Institution

Current through Register Vol. 47, No. 3, July 24, 2024
Upon receipt of the notice of administrative levy, the
				  financial institution shall follow procedures specified in Iowa Code section
				  2521.7 for encumbering and forwarding funds to collection services center The
				  financial institution shall encumber only the funds in the obligor's account on
				  the day the notice is received. Any deposits made by the obligor after notice
				  is received by the financial institution are not subject to the administrative
				  levy process unless another notice is issued to the financial
				  institution.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.97 - Challenging the Administrative Levy

Current through Register Vol. 47, No. 3, July 24, 2024
An obligor or an account holder of interest may challenge the
				  administrative levy by submitting a written challenge to the person identified
				  as the contact for the unit in the notice, within ten working days of the date
				  of the notice to the obligor as specified in rule
				  441-98.95
				  (2521). Upon receipt of a challenge, the unit shall follow criteria and
				  procedures specified in Iowa Code section 2521.8 for resolving the
				  challenge.
(1)
Review of
				facts.
The unit shall, upon receipt of a written challenge, review the
				facts of the case with the challenging party. Only a mistake of fact including,
				but not limited to, a mistake in the identity of the obligor or a mistake in
				the amount of delinquent support due shall be considered as a reason to dismiss
				or modify the proceeding. If the unit determines that a mistake of fact has
				occurred, the unit shall proceed as follows:
a. If a mistake in identity has occurred or
				the obligor is not delinquent in an amount equal to the payment for one month,
				the unit shall notify the financial institution and the obligor that the
				administrative levy has been released.
b. If the amount of support due was
				incorrectly overstated, the unit shall notify the financial institution to
				release the excess moneys to the obligor and remit the remaining
				moneys.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.101 - Referral for License Sanction

Current through Register Vol. 47, No. 3, July 24, 2024
In the process referred to as license sanction, the child
				  support recovery unit (CSRU) may refer an individual to a licensing agency for
				  the suspension, revocation, nonissuance, or nonrenewal of a variety of licenses
				  including, but not limited to, motor vehicle registrations, driver's licenses,
				  business and professional licenses, and licenses for hunting, fishing, boating,
				  or other recreational activity. In order to be referred to a licensing agency
				  for license sanction, one of the following must apply:
(1)
Delinquent support
				payments.
An obligor's support payments must be delinquent in an
				amount equal to the support payment for three months. CSRU may first refer for
				license sanction those obligors having the greatest number of months of support
				delinquency. CSRU shall not refer obligors whose support payments are being
				made under an income withholding order.
(2)
Subpoena or warrant.
An
				individual must have failed to comply with a subpoena or warrant, as defined in
				Iowa Code chapter 252J, relating to a paternity or support proceeding. If a
				subpoena was issued, the individual must have failed to comply with either Form
				470-3413 or an Interstate Subpoena as provided in subrule 96.2(1) within 15
				days of the issuance of the subpoena, and proof of service of the subpoena was
				completed according to Rule of Civil Procedure 1.442.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.103 - Notice of Potential Sanction of License

Current through Register Vol. 47, No. 3, July 24, 2024
When an individual meets the criteria for selection, CSRU may
				  issue a notice to the individual of the potential sanction of any license held
				  by the individual, using Form 470-3278, Official Notice of Potential License
				  Sanction.
(1)
Delinquent
				support payments.
CSRU shall inform the obligor that the obligor may
				make immediate payment of all current and past due child support, schedule a
				conference to review the action of CSRU, or request to enter into a payment
				agreement with the unit. CSRU shall follow the procedures and requirements of
				Iowa Code chapter 252J regarding the issuance of the notice and the holding of
				a conference.
(2)
Subpoena
				or warrant.
CSRU shall inform the individual that the individual may
				comply with the subpoena or warrant, or schedule a conference to review the
				action of CSRU. CSRU shall follow the procedures and requirements of Iowa Code
				chapter 252J regarding the issuance of the notice and the holding of a
				conference.
(3)
Certificate
				of noncompliance.
If an individual fails to respond in writing to the
				notice within 20 days, or if the individual requests a conference and fails to
				appear, the unit shall issue a Certificate of Noncompliance to applicable
				licensing authorities in accordance with Iowa Code section
				252J.3.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.104 - Conference

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Scheduling of conference.
Upon receipt from an individual of a
				written request for a conference, CSRU shall schedule a conference not more
				than 30 days in the future. At the request of either CSRU or the individual,
				the conference may be rescheduled one time. When setting the date and time of
				the conference, if notice was sent to an obligor under subrule 98.103(1), CSRU
				shall request the completion of Form 470-0204 and other financial information
				from both the obligor and the obligee as may be necessary to determine the
				obligor's ability to comply with the support obligation.
(2)
Payment calculation.
If
				notice was sent to an obligor under subrule 98.103(1) during the conference
				held in compliance with the provisions of Iowa Code section
				252J.4, CSRU shall determine if
				the obligor's ability to pay varies from the current support order by applying
				the mandatory supreme court guidelines as contained in 441-Chapter 99, Division
				I, with the exception of subrules 99.4(3) and 99.5(5). If further information
				from the obligor is necessary for the calculation, CSRU may schedule an
				additional conference no less than ten days in the future in order to allow the
				obligor to present additional information as may be necessary to calculate the
				amount of the payment. If, at that time, the obligor fails to provide the
				required information, CSRU shall issue a Certificate of Noncompliance to
				applicable licensing authorities. If the obligee fails to provide the necessary
				information to complete the calculation, CSRU shall use whatever information is
				available. If no income information is available for the obligee, CSRU shall
				determine the obligee's income in accordance with 441-subrules 99.1(2) and
				99.1(4). This calculation is for determining the amount of payment for the
				license sanction process only, and does not modify the amount of support
				obligation contained in the underlying court order.
(3)
Referral for review and
				adjustment.
If the amount calculated in subrule 98.104(2) meets the
				criteria for review and adjustment as specified in rule 441-99.62(252B,252H),
				or administrative modification as specified in rule 441-99.82(252H) and
				subrules 441-99.83 (1), 99.83(2) and
				99.83(6) at the time CSRU provides the payment agreement to the obligor, CSRU
				shall also provide the obligor with any necessary forms to request a review and
				adjustment or administrative modification of the support obligation. The
				payment agreement remains in effect during the review and adjustment or
				administrative modification process.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.105 - Payment Agreement

Current through Register Vol. 47, No. 3, July 24, 2024
The License Sanction Payment Agreement shall require the
				  obligor to pay the lower of the amount calculated in subrule 98.104(2) or the
				  maximum amount payable under an income withholding order as specified in rule
				  441-98.24 (252D).
(1)
Duration of payment
				agreement.
The License Sanction Payment Agreement signed under this
				division shall remain in effect for at least one year from the date of issuance
				unless CSRU determines the obligor has a valid reason for exemption as
				specified in rule 441-98.102 (252J). Except in
				those cases in which review and adjustment are in process, CSRU may, at the end
				of the year, begin the process of reviewing the case to ensure that the payment
				amount continues to accurately reflect the obligor's ability to pay as
				calculated in subrule 98.104(1).
(2)
Failure to comply.
If at
				any time following the signing of a payment agreement the obligor fails to
				comply with all the terms of the agreement, CSRU shall issue Form 470-3274 to
				applicable licensing authorities in accordance with the provisions of Iowa Code
				chapter 252J.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.106 - Staying the Process Due to Full Payment of Support

Current through Register Vol. 47, No. 3, July 24, 2024
If the obligor, at any time, pays the total support owed,
				  both current and past due, or an individual complies with the subpoena or
				  warrant, CSRU shall stay the process, and any Form 470-3274 that has been
				  issued shall be withdrawn by CSRU.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.107 - Duration of License Sanction

Current through Register Vol. 47, No. 3, July 24, 2024
Form 470-3274 shall remain in effect until the obligor pays
				  all support owed, both arrears and current; or the obligor enters into a
				  payment agreement with CSRU; or the obligor meets one of the criteria for
				  exemption specified at subrules 98.102(1), 98.102(2), and 98.102(4); or the
				  individual complies with the subpoena or warrant.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.116 - Procedures for Providing Information to Consumer Reporting Agencies

Current through Register Vol. 47, No. 3, July 24, 2024
The child support recovery unit shall make information
				  available to consumer reporting agencies regarding the amount of delinquent
				  support owed by a responsible person only in cases where the delinquent support
				  exceeds $1,000. However, before the unit will release the information to a
				  consumer reporting agency, the agency must meet the requirements for a
				  nationwide consumer reporting agency under Iowa Code section
				  252B.9(3)
"j."
(1)
Request of information.
Agencies may request the information
				from the Bureau of Collections, Department of Human Services, 400 SW Eighth
				Street, Suite H, Des Moines, Iowa 50309-4691. Requests for information about an
				individual shall include the individual's name and identifying information such
				as a social security number or birth date. Agencies may also request a listing
				of all obligors owing support in excess of $1,000.
(2)
Notice of proposed release of
				information.
A notice of proposed release of information shall be sent
				to the last-known address of the responsible person 30 calendar days prior to
				the release of the support arrearage information to a consumer reporting
				agency. This notice shall explain the information to be released and the
				methods available for contesting the accuracy of the information.
(3)
Contesting proposed release of
				information.
The responsible person may, within 15 calendar days of
				the date of the notice of proposed release of information, request a conference
				with the child support recovery officer to contest the accuracy of the
				information to be given to the consumer reporting agency. In contested cases no
				referral shall be made to the consumer reporting agency until after the amount
				of overdue support has been confirmed to exceed $1,000.
This rule is intended to implement Iowa Code section
				  252B.9(3).
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.121 - Difficult-to-collect Arrearages

Current through Register Vol. 47, No. 3, July 24, 2024
The child support recovery unit may refer
				  difficult-to-collect arrearages to a collection entity under contract with the
				  unit or with another state entity. Upon referral, a surcharge, in addition to
				  the support, shall be due and payable by the obligor as provided in Iowa Code
				  chapter 252B.
(1)
Difficult-to-collect arrearage.
A difficult-to-collect
				arrearage is one based upon a court or administrative order which meets all the
				following criteria:
a. There is no order for
				current support and only an arrearage is owing.
b. There has been no payment, except for
				federal or state tax refund offset payments, in the past three
				months.
c. There is no valid reason
				for exemption from the referral and surcharge process. Valid reasons for
				exemption and acceptable verification are those listed in subrules 98.102(1),
				98.102(3), and 98.102(6). Upon verification of those conditions, the child
				support recovery unit shall bypass or exempt the obligor's arrearages from the
				referral and surcharge process. When the information to verify the exemption is
				not available to the child support recovery unit through online sources, the
				child support recovery unit shall request, and the obligor shall provide,
				verification of the reason for exemption.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.131 - Right of Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Under this
				chapter, an administrative appeal pursuant to 441-Chapter 7 shall be limited to
				the following issues:
a. A claim or offset is
				contested as provided in subrule 98.82(3), 98.83(3), or 98.84(8) by a person's
				alleging a mistake of fact.
b. A
				name has been certified for passport sanction as provided in Iowa Code section
				252B.5.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.132 - Appeal Record

Current through Register Vol. 47, No. 3, July 24, 2024
The record in an administrative appeal under this rule shall
				  include, in addition to those materials specified in Iowa Code section 17A.
				  12(6), the notice of appeal, all evidence received or considered and all other
				  submissions, including the verbatim record of the hearing.
This rule is intended to implement Iowa Code chapter
				  17A.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.1 - Income Considered

Current through Register Vol. 47, No. 3, July 24, 2024
The child support recovery unit shall consider all regularly
				  recurring income of both legal parents to determine the amount of the support
				  award in accordance with the child support guidelines prescribed by the Iowa
				  Supreme Court. Spousal support shall be considered as specified in the Iowa
				  Supreme Court guidelines, and prior obligation spousal support actually paid or
				  received shall be calculated in the same manner as the deductions for support
				  in subrule 99.2(4). These rules on child support guidelines shall not apply if
				  the child support recovery unit is determining the support amount by a
				  cost-of-living alteration as provided in Iowa Code chapter 252H, subchapter
				  IV.
(1)
Exempt
				income.
The following income of the parent is exempt in the
				establishment or modification of support:
a.
				Income received by the parent under the family investment program
				(FIP).
b. Income or other benefits
				derived from public assistance programs funded by a federal, state, or local
				governmental agency or entity that are listed in rule
				441-41.27 (239B) as exempt from
				consideration in determining eligibility under FIP.
c. Income such as child support, social
				security dependent benefits received by a parent for a child because of the
				other parent's disability, and veteran's dependent benefits received by a
				parent on behalf of a child.
d.
				Stepparent's income.
e. Income of a
				guardian who is not the child's parent.
f. Income of the child's siblings.
g. Earned income tax credit.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.2 - Allowable Deductions

Current through Register Vol. 47, No. 3, July 24, 2024
The deductions specified in the Iowa Supreme Court child
				  support guidelines shall be allowed when determining the amount of income
				  subject to application of the guidelines. The parent claiming the deduction
				  shall provide the documentation necessary for computing allowable deductions.
				  Allowable deductions are:
(1) Federal
				and state income tax.
a. The child support
				recovery unit shall calculate the amount of the deduction for federal and state
				income tax as specified in the Iowa Supreme Court guidelines.
b. The unit shall calculate the amount of the
				deduction for self-employed persons with fluctuating incomes, as defined in
				subrule 99.1(6), by computing the person's averaged income and applying the
				method of calculating a tax deduction as required by Iowa Supreme Court
				guidelines.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.3 - Determining Net Income

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise specified in these rules, the child support
				  recovery unit shall determine net income as prescribed by the Iowa Supreme
				  Court guidelines.
(1)
Calculating net income.
All includable income and allowable
				deductions shall be expressed in monthly amounts. Income and corresponding
				deductions received at a frequency other than monthly shall be converted to
				equivalent monthly amounts by multiplying the income and corresponding
				deductions received on a weekly basis by 4.33, on a biweekly basis by 2.17, and
				on a semimonthly basis by 2.
(2)
Estimating net income.
a.
				The estimated net income of a parent shall be 80 percent of the reported income
				or the estimated income as determined from occupational wage rate information
				or derived from the median income of parents on the CSRU caseload, as
				appropriate, minus the deductions enumerated in subrules 99.2(3) to 99.2(8)
				when the information to calculate these deductions is readily available through
				automated or other sources.
b. The
				net income of a parent shall be estimated under the following conditions:
(1) Gross earned income information was
				obtained from a source that did not provide itemized deductions allowed by the
				mandatory support guidelines.
(2)
				Occupational wage rate information or median income of parents on the CSRU
				caseload was used to determine a parent's income.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.4 - Applying the Guidelines

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Applying the guidelines.
The child support recovery unit shall
				use the child support guidelines schedule as prescribed by the Iowa Supreme
				Court only for the number of children for whom support is being sought sharing
				the same two legal parents.
Exception: For foster care recovery cases, the guidelines
				  schedule shall be used as set forth in subrule 99.5(4).
(2)
Establishing current
				support.
a.
Calculation.
The child support recovery unit shall calculate
				the amount of support as prescribed by the Iowa Supreme Court guidelines. Round
				amount of support to the nearest whole dollar.
b.
Additional factors.
(1) In all cases other than foster care, CSRU
				shall establish current support payable in monthly frequencies.
(2) In foster care cases, CSRU may establish
				current support payable in monthly or weekly frequencies. To establish a weekly
				amount, CSRU shall divide the figure in paragraph 99.4(2)
"a"
by 4.33 and round to the nearest whole dollar.
(3) If the court orders joint (equally
				shared) physical care of a child or split or divided physical care of multiple
				children, the unit shall calculate current support according to the Iowa
				Supreme Court guidelines for each parent assuming the other is the custodial
				parent. If a child begins receiving family investment program (FIP) benefits or
				if foster care funds are expended, an offset of the two amounts as a method of
				payment shall be disallowed.
(4)
				The amount of support shall be zero if the noncustodial parent's only income is
				Supplemental Security Income paid pursuant to
				42 U.S.C.
				1381a.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.5 - Deviation From Guidelines

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Criteria for deviation.
The court shall not vary from the
				amount of child support that would result from application of the guidelines
				without a written finding as required by the Iowa Supreme Court
				guidelines.
(2)
Supporting
				financial and legal documentation.
a. The party requesting a deviation from the
				guidelines shall provide supporting documentation. The supporting documentation
				shall include an itemized list identifying the amount and nature of each
				adjustment requested. Failure to provide supporting documentation for a request
				for deviation shall result in a denial of the request.
b. Legal documents prepared for the court's
				approval, such as stipulations and orders for support, shall include language
				to identify the following:
(1) The amount of
				support calculated under the guidelines without allowance for
				deviations.
(2) The reasons for
				deviating from the guidelines.
(3)
				The amount of support calculated after allowing for the deviation.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.10 - Temporary Support

Current through Register Vol. 47, No. 3, July 24, 2024
If a court ordered a putative father to pay temporary support
				  before entering an order making a final determination of paternity under Iowa
				  Code section
				  252A.6A,
				  but then the court determines that the putative father is not the legal father
				  and enters an order terminating the temporary support, all the following
				  apply.
(1)
Satisfaction of
				accrued support.
Upon receipt of a file-stamped copy of the order
				terminating the support order, the child support recovery unit shall take the
				following action concerning unpaid support assigned to the department:
a. The child support recovery unit shall
				satisfy only unpaid support assigned to the department.
b. The child support recovery unit shall ask
				the obligee to sign the satisfaction acknowledging the obligee has no right to
				support owed the department and waive notice of hearing on a subsequent
				satisfaction order If the obligee does not sign the satisfaction and waiver or
				notice, the child support recovery unit is not prevented from satisfying
				amounts due the department.
c. The
				child support recovery unit shall prepare the required documents to satisfy any
				amounts owed the department and shall file them with the appropriate district
				court.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.21 - When Paternity May Be Established Administratively

Current through Register Vol. 47, No. 3, July 24, 2024
The child support recovery unit may seek to administratively
				  establish paternity and accrued or accruing child support and medical support
				  obligations against an alleged father when the conditions specified in Iowa
				  Code chapter 252F are met.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.22 - Mother's Certified Statement

Current through Register Vol. 47, No. 3, July 24, 2024
Before initiating an action under Iowa Code chapter 252F, the
				  unit may obtain a signed Form 470-3877 or Form 470-3929 or a similar document
				  from the child's caretaker. The unit shall obtain Form 470-3293 from the
				  child's mother certifying, in accordance with Iowa Code section
				  622.1, that the man named is or
				  may be the child's biological father. Government records, including but not
				  limited to an application for public assistance, that substantially meet the
				  requirements of Iowa Code section
				  622.1 may also be used. In
				  signing Form 470-3293, the mother acknowledges that the unit may initiate a
				  paternity action against the alleged father. The mother shall sign and return
				  Form 470-3293 to the unit within ten days of the date of the unit's
				  request.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.23 - Notice of Alleged Paternity and Support Debt

Current through Register Vol. 47, No. 3, July 24, 2024
Following receipt of Form 470-3293 or government records,
				  including but not limited to an application for public assistance, that
				  substantially meet the requirements of Iowa Code section
				  622.1, the unit shall serve a
				  notice of alleged paternity and support debt as provided in Iowa Code section
				  252F.3.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.24 - Conference to Discuss Paternity and Support Issues

Current through Register Vol. 47, No. 3, July 24, 2024
A party may request a conference as provided in Iowa Code
				  section 252F.3(1)  with
				  the office that issued the notice to discuss paternity establishment and the
				  amount of support he may be required to pay.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.25 - Amount of Support Obligation

Current through Register Vol. 47, No. 3, July 24, 2024
The unit shall determine the amount of the child support
				  obligation accrued and accruing using the child support guidelines established
				  by the Iowa Supreme Court, and pursuant to the provisions of Iowa Code section
				  252B.7A.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.27 - Paternity Contested

Current through Register Vol. 47, No. 3, July 24, 2024
The alleged father may contest the paternity establishment by
				  submitting, within 20 calendar days after service of the notice upon him, as
				  provided in rule
				  441-99.23
				  (252F), a written statement contesting paternity to the address of the unit as
				  set forth in the notice. The mother may contest paternity establishment by
				  submitting, within 20 calendar days after the unit mailed her notice of the
				  action or within 20 calendar days after the alleged father is served with the
				  original notice, whichever is later, a written statement contesting paternity
				  to the address of the unit as set forth in the notice. When paternity is
				  contested, or at the unit's initiative, the unit shall issue ex parte
				  administrative orders requiring the alleged father, the mother and the child to
				  submit to paternity testing. If the mother and child or children previously
				  submitted blood or genetic specimens in a prior action to establish paternity
				  against a different alleged father, the previously submitted specimens and
				  prior results, if available, may be used for testing in this
				  action.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.28 - Paternity Test Results Challenge

Current through Register Vol. 47, No. 3, July 24, 2024
Either party or the unit may challenge the results of the
				  paternity test by filing a written notice with the district court within 20
				  calendar days after the unit issues or mails the paternity test results to the
				  parties. When a party challenges the paternity test results, and requests an
				  additional paternity test, the unit shall order an additional blood or genetic
				  test, if the party requesting the additional test pays for the additional
				  testing in advance. If the party challenges the first paternity test results,
				  but does not request additional tests, the unit may order additional blood or
				  genetic tests.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.29 - Agreement to Entry of Paternity and Support Order

Current through Register Vol. 47, No. 3, July 24, 2024
If the alleged father admits paternity and reaches agreement
				  with the unit on the entry of an order for support, the father may acknowledge
				  his consent on Form 470-4084. If the mother does not contest paternity within
				  the allowed time period or if the mother waives the time period for contesting
				  paternity, the unit may file the form, if applicable, and Administrative
				  Paternity Order with the court in accordance with Iowa Code section
				  252F.6.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.30 - Entry of Order Establishing Paternity Only

Current through Register Vol. 47, No. 3, July 24, 2024
If a party requests a court hearing on support issues and
				  paternity is not contested, or if paternity was contested but neither party
				  filed a timely challenge of the paternity test results, the unit shall prepare
				  an order establishing paternity and reserving the support issues for
				  determination by the court. The unit shall present the order and other
				  documents supporting the entry of the ex parte paternity-only order to the
				  court for review and approval prior to the hearing on the support
				  issues.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.32 - Genetic Test Costs Assessed

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Paternity established.
If genetic testing of an alleged father
				is conducted and that man is established as the child's father, the unit shall
				assess the costs of the genetic testing to the father who denied paternity and
				enter an order for repayment of these costs.
(2)
Paternity not
				established.
If genetic testing of an alleged father is conducted and
				that man is not established as the child's father, the costs of the genetic
				testing shall not be assessed to any of the parties.
(3)
Results contested.
If
				the results of the genetic testing are timely challenged and the challenging
				party requests additional testing, the party contesting the results shall
				advance the cost of the additional testing. If the challenging party does not
				advance payment for the additional testing, the unit shall certify the case to
				district court.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.36 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Disestablishment"
means paternity which is
				  legally overcome under the conditions specified in Iowa Code section
				  600B.41A or
				  598.21E.
"Nonrequesting parent"
means a parent who is
				  not filing a petition to overcome paternity.
"Requesting parent"
means a parent who files
				  a petition to overcome paternity.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.37 - Communication Between Parents

Current through Register Vol. 47, No. 3, July 24, 2024
When a parent who has filed a petition to disestablish
				  paternity requests assistance from the child support recovery unit in
				  contacting the other parent, the child support recovery unit shall take the
				  following actions if services are being provided by the child support recovery
				  unit, the location of the nonrequesting party is known, and the child support
				  recovery unit has been provided a copy of the petition to disestablish
				  paternity.
(1)
Written
				contact.
The child support recovery unit shall send written
				notification to the nonrequesting parent of the requesting parent's desire to
				disestablish paternity and of the requesting parent's whereabouts. The notice
				shall state that the nonrequesting parent may cooperate in this action by
				filing a statement of the nonrequesting parent's current address or the name
				and address of the nonrequesting parent's attorney in the court file, or may
				contact the requesting parent with this information.
(2)
Notification of requesting
				parent.
The child support recovery unit shall provide notification to
				the requesting party that contact was made with the nonrequesting party and
				that the nonrequesting parent may file a statement in the court file or may
				contact the requesting parent directly.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.38 - Continuation of Enforcement

Current through Register Vol. 47, No. 3, July 24, 2024
The child support recovery unit shall continue all
				  enforcement actions to collect current and accrued support as ordered until the
				  unit receives a file-stamped copy of the order disestablishing
				  paternity.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.39 - Satisfaction of Accrued Support

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Disestablishment orders entered before May 21, 1997.
Upon
				receipt of a file-stamped copy of an order disestablishing paternity which was
				entered before May 21, 1997, the child support recovery unit shall take the
				following action concerning unpaid support assigned to the department.
a. The child support recovery unit shall
				satisfy only unpaid support assigned to the department and only if:
(1) For actions under Iowa Code section
				600B.41A, blood or genetic testing was done and a guardian ad litem was
				appointed for the child.
(2) For
				actions under Iowa Code section
				598.21E, the written statement
				was filed and a guardian ad litem was appointed for the
				child.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.41 - Establishment of an Administrative Order

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When order may be established.
The bureau chief may establish
				a child or medical support obligation against a responsible person through the
				administrative process. This does not preclude the child support recovery unit
				from pursuing the establishment of an ongoing support obligation through other
				available legal proceedings. When gathering information to establish a support
				order, the unit may obtain a signed Form 470-3877 or Form 470-3929 or a similar
				document from the child's caretaker.
(2)
Support debt.
When
				public assistance is paid to or Medicaid is received by a child of the
				responsible person, or the dependent child's caretaker, a support debt is
				created and assigned to the department. When no public assistance is paid or
				Medicaid is received, the debt is owed to the individual caretaker.
(3)
Notice to responsible
				person.
When the bureau chief establishes a support debt against a
				responsible person, a notice of child support debt shall be served in
				accordance with the Iowa Rules of Civil Procedure or Iowa Code section
				252B.26. The notice shall
				include all of the rights and responsibilities shown in Iowa Code section
				252C.3. The notice shall also
				inform the responsible person which of these rights may be waived pursuant to
				Iowa Code section 252C.12, and the procedures for
				and effect of waiving these rights. The notice shall include a statement that
				failure to respond within the time limits given and to provide information and
				verification of financial circumstances shall result in the entry of a default
				judgment for support.
(4)
Negotiation conference.
The responsible person may, within ten
				calendar days after being served the notice of child support debt, request a
				negotiation conference with the office of the child support recovery unit which
				sent the notice.
(5)
Amount
				of support obligation.
The child support recovery unit shall determine
				the amount of the child support obligation accrued and accruing using the child
				support guidelines established by the Iowa Supreme Court, and pursuant to the
				provisions of Iowa Code section
				252B.7A.
a. Any deviation from the guidelines shall
				require a written finding by the bureau chief.
b. Reserved.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.61 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Guidelines "
means the most current
				  guidelines and criteria prescribed by the Iowa Supreme Court for determining
				  the amount of child support to be awarded.
"Parent"
means a person who is a responsible
				  person or a caretaker, as those terms are defined in rule
				  441-95.1
				  (252B).
"Recipient of service"
means a person
				  receiving foster care services, or a recipient of family investment program
				  assistance or Medicaid benefits whose child support or medical support is
				  assigned, or a person who is not receiving public assistance but who is
				  entitled to child support enforcement services pursuant to Iowa Code section
				  252B.4.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.62 - Review of Permanent Child Support Obligations

Current through Register Vol. 47, No. 3, July 24, 2024
Permanent child support obligations that are ongoing and
				  being enforced by the child support recovery unit or the child support agency
				  of another state shall be reviewed by the unit to determine whether or not to
				  adjust the obligation. The unit shall determine the appropriate obligation
				  amount using the child support guidelines. Iowa must have continuing, exclusive
				  jurisdiction to modify the order under Iowa Code chapter 252K.
(1)
Periodic review.
A
				permanent child support obligation being enforced by the child support recovery
				unit and meeting the conditions in Iowa Code section
				252H.12 may be reviewed upon the
				initiative of the unit if:
a. The right to any
				ongoing child support obligation is currently assigned to the state due to the
				receipt of public assistance.
b.
				The support order does not already contain medical support
				provisions.
c. A review is
				otherwise necessary to comply with state or federal law.