Iowa Administrative Code › Agency 871 - Workforce Development Department › Chapter 24 - Claims and Benefits › Rule 871-24.59 - Child Support Intercept

Current through Register Vol. 47, No. 3, July 24, 2024
An individual who owes a child support obligation and who has
				been determined to be eligible for unemployment insurance benefits under Iowa
				Code chapter 96, shall have this information furnished to the child support
				recovery unit. The department of workforce development shall deduct and withhold
				from benefit payments the amount which is specified by the child support recovery
				unit. The term "benefits" for child support intercept purposes shall be defined
				as meaning any compensation payable under Iowa Code chapter 96, including any
				amounts payable pursuant to any workforce development agreement under any federal
				law administered by the department.
(1)
Information furnished to child support recovery unit.
The
			 department of workforce development shall furnish information to the child
			 support recovery unit concerning all new claims filed that are monetarily
			 eligible for benefits under any state or federal program administered by the
			 department.
(2)
Action taken
			 by child support recovery unit.
The child support recovery unit shall
			 contact the claimant so that an opportunity is afforded to the claimant for a
			 signed agreement to have a specified amount deducted and withheld from the
			 claimant's benefits. The child support recovery unit shall submit a copy of the
			 signed agreement to the department of workforce development and the department
			 shall deduct and withhold the amount specified in the agreement.
(3)
Garnishments.
Failure of
			 the child support recovery unit to reach an agreement with the claimant for a
			 specified amount to be deducted may result in the child support recovery unit
			 initiating a garnishment action through legal process under Iowa Code chapter
			 642. The department of workforce development shall deduct and withhold from the
			 claimant's benefits the amount specified. Notwithstanding section
			 96.15, benefits under chapter 96
			 are not exempt from garnishment, attachment, or execution if garnished by the
			 child support recovery unit as established in Iowa Code section
			 252B.2, to satisfy the child
			 support obligation of an individual who is eligible under this chapter. Child
			 support obligation is defined as only those obligations which are enforced
			 pursuant to the plan as described in Section 454 of the Social Security Act under
			 Part D of Title IV entitled "State Plan for Child Support."
(4)
Treatment of amount deducted for
			 child support.
Any amount deducted from unemployment insurance payments
			 for child support obligations shall be treated as if it were paid to the
			 individual as benefits under Iowa Code chapter 96.
(5)
Processing of payments.
The child support recovery unit shall furnish to the department the name and
			 address of the designated public official to whom the amount deducted must be
			 remitted. After the deduction, the remaining balance shall be credited to the
			 claimant.
(6)
Notice to
			 claimant.
The department shall mail a notice to the claimant which
			 explains the beginning date and the amount of the deduction from the claimant's
			 weekly benefit amount which satisfies the individual's child support obligation
			 to the child support recovery unit. This notice will be issued when the first
			 deduction is made from the benefit payment. The notice shall explain the
			 authority for the deduction and include the claimant's right of appeal.
(7)
Appeal rights on the child support
			 deduction.
a. Any appeal on a child
			 support deduction is limited to either the validity of workforce development's
			 authority to make the deduction or the accuracy of the amount deducted.
b. The claimant will be advised to seek remedy
			 either through the child support recovery unit or through the court system
			 whenever the question of reasonableness or fairness of the deducted amount is
			 raised in terms of ability to pay.
c.
			 The department does not have the authority under Iowa Code chapter 96 to change
			 the amount of the deduction as specified by garnishment or voluntary agreement or
			 to adjudicate any appeal from garnishment or voluntary agreement.
This rule is intended to implement Iowa Code sections 96.3 and
				96.20.