Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.122 - Enforcement Services by Private Attorney Entitled to State Compensation

Current through Register Vol. 47, No. 3, July 24, 2024
An attorney licensed to practice law in Iowa may utilize
				  judicial proceedings to collect support, at least a portion of which is
				  assigned support, and be entitled to compensation by the state as provided in
				  Iowa Code chapter 252B.
(1)
Eligible cases.
To be eligible for attorney services with
				compensation under this rule, a case must meet all of the following:
a. The child support recovery unit is
				providing services under Iowa Code chapter 252B.
b. The current support obligation is
				terminated and only arrearages are due under the administrative or court
				order.
c. There has been no payment
				under any order in the case for at least a 12-month period prior to the
				provision of the notice from the attorney to the unit under paragraph
				98.122(1)
"f."
d.
				At least a portion of the arrearages due under any order in the case is
				assigned to the state because cash assistance was paid under Iowa Code chapter
				252B.
e. The case does not have any
				of the following characteristics:
(1) There
				has been a finding of good cause or other exception pursuant to Iowa Code
				section 252B.3.
(2) A portion of the arrears is assigned to
				another state because of public assistance provided by that state.
(3) Another attorney has already notified the
				unit of the intent to initiate a judicial proceeding to collect support due
				under any order in the same case under this rule, and either the time to
				receive the collection has not expired or the unit has not received a notice
				from the other attorney that the judicial proceeding has concluded prior to the
				expiration of the time period.
(4)
				If the notice from the attorney under paragraph 98.122(1)
"f"
specifies contempt of court as the judicial proceeding, and the unit has
				generated a seek employment order to the obligor under Iowa Code section
				252B.21 less than nine months
				prior to the date on the notice from the attorney.
(5) The case or arrearages have been referred
				by the child support recovery unit to a collection entity under Iowa Code
				section 252B.5(3)  less
				than nine months prior to the date on the notice from the attorney.
(6) The obligor has filed for bankruptcy and
				collection activities are stayed.
(7) The notice from the attorney under
				paragraph 98.122(1)
"f"
lists a specific judicial proceeding
				and the unit has already initiated the same type of proceeding in
				court.
(8) The case has been
				referred to the U.S. Attorney's office and is still pending at that
				office.
f. The attorney
				has provided written notice to the central office of the child support recovery
				unit in Des Moines, as specified in subrule 98.122(2), and to the last-known
				address of the obligee of the intent to initiate a specified judicial
				proceeding to collect support on any identified court or administrative order
				involving the obligor and obligee in the case.
g. The attorney has provided documentation of
				insurance to the unit as required by Iowa Code chapter 252B.
h. The collection must be received by the
				collection services center within 90 days of the notice from the attorney in
				paragraph 98.122(1)
"f,"
or within a subsequent 90-day
				extension period.