reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.63 - Notice Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
The child support recovery unit shall provide written
				  notification to each parent affected by a permanent child support obligation
				  being enforced by the child support recovery unit as follows:
(1)
Notice of right to request
				review.
The child support recovery unit shall notify each parent of
				the right to request review of the order and the appropriate place and manner
				in which the request should be made. Notification shall be provided on Form
				470-0188 or Form 470-1981 or through another printed or electronic
				format.
(2)
Notice of
				review.
One of the following shall apply:
a. At least 15 days before the review is
				conducted, the child support recovery unit shall serve notice of its intent to
				review the order on each parent affected by the child support obligation. This
				notice shall include a request that the parties complete a financial statement
				and provide verification of income. The notice shall be served in accordance
				with Iowa Code section
				252B.26 or
				252H.15.
b. If the conditions of Iowa Code section
				252H.14A(1) are met, the unit may conduct a review using information accessible
				to the unit without:
(1) Issuing a notice
				under paragraph 99.63(2)
"a,"
or
(2) Requesting additional information from
				the parent.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.64 - Financial Information

Current through Register Vol. 47, No. 3, July 24, 2024
The child support recovery unit shall attempt to obtain and
				  verify information concerning the financial circumstances of the parents
				  subject to the order to be reviewed necessary to conduct the review.
(1)
Financial statements.
Except for a review initiated under Iowa Code section 252H. 14A, both parents
				subject to the order to be reviewed shall provide a financial statement and
				verification of income within ten days of service of the notice of the unit's
				intent to review the obligation. If a review is initiated under Iowa Code
				section
				252H.14A
				and the first notice of decision is challenged as described in subrule
				99.63(4), both parents shall be requested to provide a financial statement and
				verification of income within ten days of the unit's request.
a. Verification of income shall include, but
				not be limited to, the following: copies of state and federal income tax
				returns, W-2 statements, pay stubs, or a signed statement from an employer or
				other source of income.
b. The
				child support recovery unit may also request that the parent requesting review
				provide an affidavit regarding the financial circumstances of the nonrequesting
				parent when the unit is otherwise unable to obtain financial information
				concerning the nonrequesting parent. The requesting parent shall complete the
				affidavit if the parent possesses sufficient information to do so.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.65 - Review and Adjustment of a Child Support Obligation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Conducting the review.
The child support recovery unit or its attorney shall review the case for
				administrative adjustment of a child support obligation unless it is determined
				that any of the following exist:
a. The
				location of one or both of the parents is unknown.
b. The variation from the Iowa Supreme Court
				mandatory child support guidelines is based on any material misrepresentation
				of fact concerning any financial information submitted to the child support
				recovery unit.
c. The criteria of
				rule
				441-99.62
				(252B,252H) are not met.
d. The end
				date of the order is less than 12 months in the future or the youngest child is
				17/4 years of age.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.66 - Medical Support

Current through Register Vol. 47, No. 3, July 24, 2024
The child support recovery unit, or its attorney, shall
				  review the medical support provisions contained in any permanent child support
				  order which is subject to review under rule
				  441-99.65
				  (252B,252H) and shall include in any adjustment order a provision for medical
				  support as defined in Iowa Code chapter 252E, and as set forth in 441-Chapter
				  98, Division I, or other appropriate provisions pertaining to medical support
				  for all children affected directly by the child support order under
				  review.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.67 - Confidentiality of Financial Information

Current through Register Vol. 47, No. 3, July 24, 2024
Financial information provided to the child support recovery
				  unit by either parent for the purpose of facilitating the review and adjustment
				  process may be disclosed to the other parties to the case, or to the district
				  court, as follows:
(1)
Financial statements.
Statements of financial status may be
				disclosed to either party.
(2)
Other documentation.
Supporting financial documentation such
				as state and federal income tax returns, pay stubs, IRS Form W-2, bank
				statements, and other written evidence of financial status may be disclosed to
				the court after the notice has been issued as described in subrule 99.63(2) or
				99.63(3), unless otherwise prohibited by state or federal law.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.68 - Payment of Service Fees and Other Court Costs

Current through Register Vol. 47, No. 3, July 24, 2024
Payment of fees for administrative review or service of
				  process and other court costs associated with the review and adjustment process
				  is the responsibility of the party requesting review unless the court orders
				  otherwise or the requesting party, as a condition of eligibility for receiving
				  public assistance benefits, has assigned the rights to child or medical support
				  for the order to be modified.
A requesting party who is indigent or receiving public
				  assistance may request deferral of fees and costs. For the purposes of the
				  division, "indigent" means that the requesting party's income is 200 percent or
				  less than the poverty level for one person as defined by the United States
				  Office of Management and Budget and revised annually in accordance with Section
				  673(2) of the Omnibus Budget Reconciliation Act of 1981.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.69 - Denying Requests

Current through Register Vol. 47, No. 3, July 24, 2024
A request for review by a parent subject to the order may be
				  denied for the following reasons:
(1)
				Rescinded IAB 8/2/95, effective 10/1/95.
(2) It has been less than two years since the
				support order was filed with the court, last modified, or last reviewed for the
				purpose of adjustment.
(3) The
				child support recovery unit or a child support agency of another state is not
				providing enforcement services for an ongoing support obligation under the
				order for which the review has been requested.
(4) The request is based entirely on issues
				such as custody, visitation, or parenting time rights, which are not directly
				related to child support.
(5) The
				request is for the sole purpose of modifying the amount of delinquent support
				that has accrued under a support order.
(6) The request is for the review of a
				temporary support order.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.70 - Withdrawing Requests

Current through Register Vol. 47, No. 3, July 24, 2024
If the requesting party contacts the child support recovery
				  unit to withdraw the request, the child support recovery unit shall proceed as
				  follows:
(1)
Best interests of
				the child.
Rescinded lAB 2/5/03, effective 4/1/03.
(2)
Consent of both parties.
The child support recovery unit shall notify the nonrequesting party of the
				requesting party's desire to withdraw the request.
a. If the nonrequesting party indicates a
				desire to continue the review, the unit shall proceed with the review and
				adjust the obligation, if appropriate.
b. If the nonrequestor indicates a desire to
				stop the process or fails to respond within ten days to the notification of the
				request to withdraw, the unit shall notify all parties that the review and
				adjustment process has been terminated.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.71 - Effective Date of Adjustment

Current through Register Vol. 47, No. 3, July 24, 2024
Unless subject to court action or reconciliation of multiple
				  Iowa orders, the new obligation amount shall be effective on the first date
				  that the periodic payment is due under the order being modified after the unit
				  files the adjustment order with the court.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.81 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Additional child"
means a child to be added
				  to an existing support order covering another child of the same parents.
"Born of a marriage "
means a child was born
				  of a woman who was married at the time of conception, birth, or at any time
				  during the period between conception and birth of the child pursuant to Iowa
				  Code chapter 252A and Iowa Code section
				  144.13.
"Cost-of-living alteration "
means a change
				  in an existing child support order that equals an amount which is the amount of
				  the support obligation following application of the percentage change of the
				  consumer price index for all urban consumers. United States city average, as
				  published in the Federal Register by the federal Department of Labor, Bureau of
				  Labor Statistics, pursuant to Iowa Code section
				  252H.2.
"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).
"Substantial change of circumstances, "
for
				  the purposes of this division, means:
1. There has been a change of 50 percent or
				more in the net income of a parent, as determined by comparing the new net
				income with the net income upon which the current child support obligation was
				based, and
2. The change is due to
				financial circumstances which have existed for a minimum period of three months
				and can reasonably be expected to exist for an additional three months,
				pursuant to Iowa Code section 252H. 18A.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.82 - Availability of Service

Current through Register Vol. 47, No. 3, July 24, 2024
The child support recovery unit shall provide the services
				  described in this division for a support order originally entered or a foreign
				  order registered in the state of Iowa. The order must be one which:
1. Involves at least one child born of a
				marriage or one child for whom paternity has been legally
				established.
2. Is being enforced
				by the unit in accordance with Iowa Code chapter 252B.
3. Is subject to the jurisdiction of this
				state for the purposes of modification.
4. Is not subject to or is not appropriate
				for review and adjustment.
5.
				Provides for support of at least one child under the age of 18 or a child
				between the ages of 18 and 19 years who 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's
				reaching 19 years of age.
6. Has an
				obligation ending more than 12 months in the future.
7. Involves parents for whom the location of
				both parents is known.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.83 - Modification of Child Support Obligations

Current through Register Vol. 47, No. 3, July 24, 2024
Permanent child support obligations meeting the criteria set
				  forth in rule 441-99.82 (252H) may be modified
				  at the initiative of the unit, or upon written request of either parent subject
				  to the order submitted on Form 470-2749. Any action shall be limited to
				  adjustment, modification, or alteration of the child support or medical
				  provisions of the support order. The duration of the underlying order shall not
				  be modified. The procedures used by the child support recovery unit to
				  determine if a modification is appropriate are as follows:
(1)
Substantial change of
				circumstances.
Procedures to modify the support obligation may be
				initiated outside the minimum time frame described in subrule 99.62(2) if a
				request is received from either parent and if the parent has submitted verified
				documentation of a substantial change in circumstances which indicates both of
				the following:
a. A change of at least 50
				percent in the net income of a parent as defined by guidelines. The new net
				income will be compared to the net income upon which the current child support
				obligation was based.
b. The change
				is due to financial circumstances which have existed for a minimum period of
				three months and can reasonably be expected to exist for an additional three
				months.
The unit shall review the request and documentation and, if
				  appropriate, issue a notice of intent to modify as described in subrule
				  99.84(1).
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.84 - Notice Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
The child support recovery unit shall provide written
				  notification to parents affected by a permanent child support obligation being
				  enforced by the unit as follows:
(1)
Notice of intent to modify.
When a request for administrative
				modification is received or the unit initiates an administrative modification,
				the unit shall provide written notice to each parent of its intent to modify.
a. The notice shall include the legal basis
				and purpose for the action; a request for income or other information necessary
				for the application of guidelines (if applicable); an explanation of the legal
				rights and responsibilities of the affected parties, including time frames; and
				procedures for contesting the action.
b. The unit shall take the following actions
				to notify parents:
(1) Rescinded lAB 2/5/03,
				effective 4/1/03.
(2) If the
				modification is based on subrules 99.83(1) through 99.83(5), notice shall be
				provided to each parent. The notice shall be served in accordance with the Iowa
				Rules of Civil Procedure or Iowa Code section
				252B.26 or
				252H.19.
(3) If the modification is based on provision
				of a cost-of-living alteration as established at subrule 99.83(6) and the
				required documentation is included, the child support recovery unit shall
				notify each parent of the amount of the cost-of-living alteration by regular
				mail to the last-known address of each parent or, if applicable, each parent's
				attorney. The notice shall include:
1. The
				method of determining the amount of the alteration pursuant to Iowa Code
				section
				252H.21.
2. The procedure for contesting a
				cost-of-living alteration by making a request for review of a support order as
				provided in Iowa Code section
				252H.24.
3. A statement that either parent may waive
				the 30-day notice waiting period. If both parents waive the notice waiting
				period, the unit may prepare an administrative order altering the support
				obligation.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.85 - Financial Information

Current through Register Vol. 47, No. 3, July 24, 2024
The child support recovery unit may attempt to obtain and
				  verify information concerning the financial circumstances of the parents
				  subject to the order to be modified that is necessary to conduct an analysis
				  and determine support. The unit does not require financial information if the
				  request is for a cost-of-living alteration.
(1)
Financial statements.
Parents subject to the order shall provide a financial statement and
				verification of income within ten days of a written request by the unit.
a. If the modification action is based on a
				substantial change of circumstances:
(1) The
				requesting party must provide Form 470-2749, Request to Modify a Child Support
				Order, and documentation that proves the amount of change in net income and the
				date the change took place, such as:
1. Copies
				of state and federal income tax returns, W-2 statements, or pay stubs,
				or
2. A signed statement from an
				employer or other source of income.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.86 - Challenges to the Proposed Modification Action

Current through Register Vol. 47, No. 3, July 24, 2024
For modification actions based on subrules 99.83(1) through
				  99.83(5), each parent shall have the right to request a conference to contest
				  the proposed modification. Either parent, or the unit, may also request a court
				  hearing. For requests made based on subrule 99.83(6), either parent may contest
				  the cost-of-living alteration by making a request for a review and adjustment
				  of the support order.
(1)
Conference.
Either parent may contest the proposed
				modification based on subrules 99.83(1) through 99.83(5) by means of a
				conference with the office of the unit that issued the notice of intent to
				modify.
a. Only one conference shall be held
				per parent.
b. The request must be
				made within ten days of the date of service of the notice of intent to
				modify.
c. The office that issued
				the notice of intent to modify shall schedule a conference with the parent and
				advise the parent of the date, time, place, and procedural aspects of the
				conference.
d. Reasons for
				contesting the modification include, but are not limited to, mistake of fact
				regarding the identity of one of the parties or the amount or terms of the
				modification.
e. The child support
				recovery unit may conduct the conference in person or by telephone.
f. If the party who requested the conference
				fails to attend the conference, only one alternative time shall be scheduled by
				the child support recovery unit.
g.
				The results of a conference shall in no way affect the right of either party to
				request a court hearing pursuant to subrule 99.86(2).
h. Upon completion of the conference, the
				unit shall issue a notice of decision to modify as described in subrule
				99.84(2).
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.87 - Misrepresentation of Fact

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				unit shall not modify the support order based on a substantial change of
				circumstances if a change in income is due to any material misrepresentation of
				fact concerning any financial information submitted to the child support
				recovery unit.
(2) The unit may
				request verification that all facts concerning financial information are true.
				Verification may include, but is not limited to, a statement from the employer,
				a doctor, or other person with knowledge of the situation.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.88 - Effective Date of Modification

Current through Register Vol. 47, No. 3, July 24, 2024
Unless subject to court action or reconciliation of multiple
				  Iowa orders, the new obligation shall be effective on the first date that the
				  periodic payment is due under the order being modified after the unit files the
				  modification order with the court. If the modification is based on a reserved,
				  zero-dollar-amount, or medical-provisions-only obligation, the new obligation
				  shall be effective 20 days after generation of the administrative modification
				  order
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.89 - Confidentiality of Financial Information

Current through Register Vol. 47, No. 3, July 24, 2024
Financial information provided to the child support recovery
				  unit by either parent for the purpose of facilitating the modification process
				  may be disclosed to the other parties to the case, or the district court, as
				  follows:
(1)
Financial
				statements.
The financial statement or affidavit may be disclosed to
				either party.
(2)
Other
				documentation.
Supporting financial documentation such as state and
				federal income tax returns, paycheck stubs, IRS Form W-2, bank statements, and
				other written evidence of financial status may be disclosed to the court unless
				otherwise prohibited by state or federal law.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.90 - Payment of Fees

Current through Register Vol. 47, No. 3, July 24, 2024
Payment of service of process and other costs associated with
				  the modification process is the responsibility of the party requesting
				  modification unless the court orders otherwise or the requesting party, as a
				  condition of eligibility for receiving public assistance benefits, has assigned
				  the rights to child or medical support for the order to be modified.
A requesting party who is indigent or receiving public
				  assistance may request deferral of fees and costs. For the purposes of this
				  division, "indigent" means that the requesting party's income is 200 percent or
				  less than the poverty level for one person as defined by the United State
				  Office of Management and Budget and revised annually in accordance with Section
				  673(2) of the Omnibus Budget Reconciliation Act of 1981.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.91 - Denying Requests

Current through Register Vol. 47, No. 3, July 24, 2024
A request for modification by a parent subject to the order
				  may be denied if the criteria in rule
				  441-99.82 (252H) are not met or
				  the following conditions exist:
(1)
Nonsupport issues.
The request is based entirely on issues
				such as custody, visitation, or parenting time rights.
(2)
Request only for delinquent
				support.
The request is for the sole purpose of modifying the amount
				of delinquent support that has accrued under a support order.
(3)
Temporary order.
The
				request is for the modification of a temporary support order.
(4)
Two-year time frame.
The
				request is for a cost-of-living alteration and it has been less than two years
				since the order was filed with the court or last reviewed, modified, or
				altered.
(5)
Change of
				circumstances.
The request is based on a substantial change in
				circumstances and:
a. The requestor's net
				income has not changed by at least 50 percent, as required in paragraph
				99.83(1)
"a,"
or
b.
				The requestor has not provided adequate documentation of the change in income,
				as required in subrule 99.85(1), or
c. The change in income has not yet lasted
				for three months, as required in paragraph 99.83(1)
"b,"
or
d. The change in income is not
				expected to last another three months, as required in paragraph
				99.83(1)
"b,"
or
e.
				The change in income is due to material misrepresentation of fact, as explained
				in rule 441-99.87
				(252H).
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.92 - Withdrawing Requests

Current through Register Vol. 47, No. 3, July 24, 2024
If the requesting party contacts the child support recovery
				  unit to withdraw the request, the child support recovery unit shall notify the
				  nonrequesting party of the requesting party's desire to withdraw the
				  modification request. If the nonrequesting party indicates, in writing, a
				  desire to continue with the modification process, the child support recovery
				  unit shall proceed, and if appropriate, modify the support order If there is no
				  response from the nonrequesting party or if the nonrequesting party also wants
				  the process to end, the unit shall end the modification process. If the unit
				  initiated the modification action, the unit may terminate the process if, after
				  notifying both parents, neither parent indicates a desire to continue with the
				  modification.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.101 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this part, unless the context otherwise
				  requires:
"Caretaker "
means a natural person with
				  whom a child is residing and who is not legally entitled to receive support for
				  that child pursuant to the order that is the subject of the pending suspension
				  request.
"Child"
means the same as defined in Iowa
				  Code section
				  252E.1.
"Childsupport recovery unit"
or
"unit"
means the same as defined in rule
				  441-95.1 (252B) and
				  Iowa Code section
				  252B.1.
"Obligee "
means a custodial parent or other
				  natural person legally entitled to receive a support payment on behalf of a
				  child.
"Obligor"
means a noncustodial parent or
				  other natural person who is ordered to pay support pursuant to the order that
				  is the subject of the pending suspension request.
"Public assistance "
means the same as
				  defined in Iowa Code section 252H.2.
"Spousal support"
means either a set amount
				  of monetary support, or medical support as defined in Iowa Code section 252E.
				  1, for the benefit of a spouse or former spouse, including alimony,
				  maintenance, or any other term used to describe these obligations.
"Step change "
means a change designated in
				  a support order that specifies the amount of the child support obligation as
				  the number of children entitled to support under the order changes.
"Support"
means the same as defined in Iowa
				  Code section
				  252D.16, and shall
				  include spousal support and support for a child.
"Support for a child"
means either a set
				  amount of monetary support (child support), or medical support as defined in
				  Iowa Code section
				  252E.1, for the
				  benefit of a child. This term does not include spousal support as defined in
				  this rule.
"Support order "
means the same as a "court
				  order" as defined in Iowa Code section 252C. 1.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.102 - Availability of Service

Current through Register Vol. 47, No. 3, July 24, 2024
The child support recovery unit shall provide the services
				  described in this part only with respect to support orders entered or
				  registered in this state for which the unit is providing enforcement services
				  in accordance with Iowa Code chapter 252B to collect current or accrued
				  support.
(1) Services described in
				this part shall only be provided if a court in this state would have
				continuing, exclusive jurisdiction to suspend and reinstate the order under
				Iowa Code chapter 252K.
(2)
				Services described in this part shall be provided only if no prior request for
				suspension of all or part of a support order has been filed with the unit
				pursuant to Iowa Code section
				252B.20 and
				no prior request for suspension of all or part of a support order has been
				served by the unit pursuant to Iowa Code section
				252B.20A
				during the two-year period preceding the request.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.103 - Basis for Suspension of Support

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Reconciliation.
The
				child support recovery unit shall assist an obligor and obligee in suspending
				support for a child and, if contained in a child support order, spousal
				support, when the obligor and obligee are reconciled and are residing together,
				with at least one child entitled to support under the order, in the same
				household.
(2)
Change in
				residency.
The unit shall assist an obligor and obligee in suspending
				support for a child when the child is residing with the obligor; however, the
				unit shall not assist in suspending any spousal support provisions of a support
				order on this basis. The unit shall also assist an obligor and obligee in
				suspending support for a child residing with a caretaker who has not requested
				unit services, if the child is not receiving public assistance.
(3)
Affected children.
The
				unit shall assist an obligor and obligee in suspending all or part of a support
				order as provided in this part if the basis for suspension as described in this
				rule applies to the children entitled to support under the order to be
				suspended as follows:
a. If the basis for
				suspension applies to all of the children, the unit shall assist in suspending
				support obligations for all of the children.
b. If the basis for suspension applies to at
				least one but not all of the children and if the support order includes a step
				change, the unit shall assist in suspending the support obligations for
				children for whom the basis for suspension applies.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.104 - Request for Assistance to Suspend

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Submitting a request.
The obligor and obligee subject to a
				support order being enforced by the unit may request that the unit assist in
				having the ongoing support provisions suspended as follows:
a. A request for suspension shall be
				submitted to the local child support unit providing services using Form
				470-3033 and Form 470-3032.
b. The
				unit shall provide Forms 470-3032 and 470-3033 to the obligor or obligee upon
				request.
c. Both forms must be
				signed by both the obligor and the obligee affected by the order to be
				suspended. In the event that current support payments are assigned to an
				individual or entity other than the obligee named in the original order, but
				may revert to the original obligee at a future date without court action, both
				the original obligee and the current assignee must sign both forms.
d. Form 470-3032 must be notarized.
e. The request shall contain sufficient
				information to allow the local unit to identify the court order and parties
				involved, and a statement that the obligor and obligee expect the basis for
				suspension to continue for not less than six months.
f. If the obligor and obligee are requesting
				suspension of more than one order at the same time, the obligor and obligee
				shall be required to submit only one copy of Form 470-3033, identifying each
				order the request involves; however, the obligor and obligee shall be required
				to submit a separate, signed and notarized affidavit, Form 470-3032, for each
				order.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.105 - Order Suspending Support

Current through Register Vol. 47, No. 3, July 24, 2024
To approve a request to suspend support, the unit shall
				  prepare and present to the district court an order suspending support as
				  provided in Iowa Code section 252B.20.
(1) When the basis for suspension is
				reconciliation, the suspension shall apply to any ongoing support provisions of
				the order, including medical support, with respect to any child residing with
				the parents and with respect to any spouse or former spouse entitled to support
				under the order to be suspended.
(2) When the basis for suspension is a change
				in residency of one or more of the children entitled to support, the suspension
				shall apply to ongoing support provisions, including medical support, with
				respect to only the children entitled to support under the order who are
				residing with the obligor. Any spousal support also ordered in the same support
				order shall remain unaffected by this action.
(3) A copy of the filed order shall be sent
				by first-class regular mail to the last known address of the obligor and
				obligee, or, if applicable, to the last known address of the obligor's or
				obligee's attorney.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.106 - Suspension of Enforcement of Current Support

Current through Register Vol. 47, No. 3, July 24, 2024
The child support recovery unit shall suspend enforcement
				  actions intended to collect or enforce any current support obligation that
				  would have accrued during the time the support obligation is suspended. The
				  unit shall continue to provide all appropriate enforcement services to collect
				  any support not suspended and any arrearages that accrued before the effective
				  date of the suspension.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.107 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this part, unless the context otherwise
				  requires:
"Caretaker "
means a natural person with
				  whom a child is residing and who is not legally entitled to receive support for
				  that child pursuant to the order that is the subject of the pending suspension
				  request.
"Child"
means the same as defined in Iowa
				  Code section
				  252E.1.
"Childsupport recovery unit"
or
"unit"
means the same as defined in rule
				  441-95.1 (252B) and
				  Iowa Code section
				  252B.1.
"Obligee "
means a custodial parent or other
				  natural person legally entitled to receive a support payment on behalf of a
				  child.
"Obligor"
means a noncustodial parent or
				  other natural person who is ordered to pay support pursuant to the order that
				  is the subject of the pending suspension request.
"Public assistance "
means the same as
				  defined in Iowa Code section 252H.2.
"Step change "
means a change designated in
				  a support order that specifies the amount of the child support obligation as
				  the number of children entitled to support under the order changes.
"Support"
means the same as defined in Iowa
				  Code section
				  252D.16 and shall
				  include support for a child.
"Support for a child"
means either a set
				  amount of monetary support (child support), or medical support as defined in
				  Iowa Code section
				  252E.1, for the
				  benefit of a child. This term does not include spousal support as defined in
				  rule 441-99.101(252B).
"Support order "
means the same as a "court
				  order" as defined in Iowa Code section 252C. 1.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.108 - Availability of Service

Current through Register Vol. 47, No. 3, July 24, 2024
The child support recovery unit shall provide the services
				  described in this part only with respect to support orders entered pursuant to
				  Iowa Code chapter 252A, 252C or 252F for which the unit is providing
				  enforcement services in accordance with Iowa Code chapter 252B to collect
				  current or accrued support.
(1)
				Services described in this part shall only be provided if a court in this state
				would have continuing, exclusive jurisdiction to suspend and reinstate the
				order pursuant to Iowa Code chapter 252K.
(2) Services described in this part shall be
				provided only if no prior request for suspension of all or part of a support
				order has been filed with the unit pursuant to Iowa Code section
				252B.20 and
				no prior request for suspension of all or part of a support order has been
				served by the unit pursuant to Iowa Code section
				252B.20A
				during the two-year period preceding the request.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.109 - Basis for Suspension of Support

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Child residing with obligor or
				caretaker.
The unit shall assist an obligor in suspending support for
				a child residing with the obligor or with a caretaker who has not requested
				unit services, if the child has been residing with the obligor or caretaker for
				more than 60 consecutive days.
(2)
Orders eligible for suspension.
a. The unit shall assist an obligor in
				suspending support for a child under this part only when there is no order in
				effect regarding legal custody, physical care, visitation, or parenting time
				for the child.
b. If an order
				exists that contains language regarding legal custody, physical care,
				visitation, or parenting time for the child, the unit shall deny the suspension
				request.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.110 - Request for Assistance to Suspend

Current through Register Vol. 47, No. 3, July 24, 2024
The obligor subject to a support order being enforced by the
				  unit may request that the unit assist in having the ongoing support provisions
				  suspended as follows:
(1)
Submitting a request.
a. A
				request for suspension shall be submitted to the local child support unit
				providing services using Form 470-5348.
b. The unit shall provide Form 470-5348 to
				the obligor upon request.
c. The
				request form must be signed by the obligor affected by the order to be
				suspended.
d. The request shall
				contain sufficient information to allow the local unit to identify the court
				order and parties involved and shall attest that the children have lived in the
				obligor's household or the caretaker's household for more than 60 consecutive
				days and are expected to live there for at least six months.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.111 - Determining Eligibility for Suspension

Current through Register Vol. 47, No. 3, July 24, 2024
Upon receipt of the request for suspension and the properly
				  executed and notarized affidavit, the unit shall review the request and the
				  affidavit to determine that the criteria have been met.
(1)
If the criteria are not
				met.
If the criteria have not been met, the local unit providing
				services shall issue a written notice to the obligor indicating that the
				request is denied.
a. The notice shall be sent
				by first-class regular mail to the last-known address of the obligor or, if
				applicable, to the last-known address of the obligor's attorney.
b. The notice shall indicate the reason for
				denial and notify the obligor of the right to proceed through private counsel.
				Denial of the request is not subject to contested case proceedings or further
				review pursuant to Iowa Code chapter 17A.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.112 - Order Suspending Support

Current through Register Vol. 47, No. 3, July 24, 2024
After approving a request to suspend support and properly
				  serving the obligee, the unit shall prepare and present to the district court
				  an order suspending support as provided in Iowa Code section
				  252B.20A.
(1) The suspension shall apply to ongoing
				support provisions, including medical support, with respect to only the
				children entitled to support under the order who are residing with the obligor
				or caretaker.
(2) A copy of the
				filed order shall be sent by first-class regular mail to the last-known address
				of the obligor and obligee or, if applicable, to the last-known address of the
				obligor's or obligee's attorney.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.113 - Suspension of Enforcement of Current Support

Current through Register Vol. 47, No. 3, July 24, 2024
The child support recovery unit shall suspend enforcement
				  actions intended to collect or enforce any current support obligation that
				  would have accrued during the time the support obligation is suspended. The
				  unit shall continue to provide all appropriate enforcement services to collect
				  any support not suspended and any arrearages that accrued before the effective
				  date of the suspension.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.114 - Request for Reinstatement

Current through Register Vol. 47, No. 3, July 24, 2024
The unit may request that the court reinstate the suspended
				  support obligation in accordance with the procedures found in Iowa Code
				  sections
				  252B.20 and
				  252B.20A.
(1) Either the obligor or the obligee
				affected by the suspended order may request reinstatement by submitting a
				written request for reinstatement to the child support recovery unit. The
				request must indicate that reinstatement is being requested and the reason for
				reinstatement and must contain sufficient information to identify the court
				order and parties involved. The request must also be signed by the requesting
				party.
(2) The unit may, at its own
				initiative, request that the court reinstate a support obligation when it is
				determined that a child for whom the obligation was suspended is receiving
				public assistance benefits.
(3) The
				unit shall issue a written notice approving or denying the request to any
				obligor or obligee requesting reinstatement. This notice shall be sent by
				first-class regular mail to the last-known address of the requesting party and
				shall indicate any reason for denial.
(4) A properly completed request for
				reinstatement shall be denied when any of the following conditions exist:
a. The request is made by someone other than
				the obligor, the obligee, or the obligor's or obligee's attorney.
b. The unit is no longer providing
				enforcement services for the suspended order.
c. The request is received more than six
				months after the date of the filing of the order suspending support.
d. The request is for partial reinstatement
				of the suspended support order for some but not all of the children, and the
				order does not contain a step change.
e. A court in this state would not have
				continuing, exclusive jurisdiction to reinstate the order under Iowa Code
				chapter 252K.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.115 - Reinstatement

Current through Register Vol. 47, No. 3, July 24, 2024
The child support recovery unit shall follow the procedures
				  in Iowa Code sections 252B.20 and
				  252B.20A
				  in seeking to have the court reinstate a support order.
(1) The unit shall request that the court
				reinstate a spousal support provision previously suspended if the provision was
				included in the suspension in accordance with subrule 99.105(1) and if the unit
				receives a properly completed request from the obligor or the
				obligee.
(2) The unit shall seek to
				have the previously suspended support for a child reinstated under this part
				when the conditions in paragraph
"a "
or
"b "
of this subrule are met. This provision shall not prohibit any party, including
				the child support recovery unit, from taking other action to establish support
				as provided for by law.
a. The basis for
				suspension no longer applies to any of the children for whom support was
				suspended; or
b. The basis for
				suspension continues to apply to some but not all of the children for whom
				support was suspended, and there is a step change in the order.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.116 - Reinstatement of Enforcement of Support

Current through Register Vol. 47, No. 3, July 24, 2024
If a suspended support obligation is reinstated, the unit
				  shall also reinstate all appropriate enforcement measures to enforce all
				  reinstated ongoing support provisions of the support order.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.117 - Temporary Suspension Becomes Final

Current through Register Vol. 47, No. 3, July 24, 2024
The temporary suspension of a support order under this
				  division shall become final if not reinstated in accordance with Iowa Code
				  sections
				  252B.20 and
				  252B.20A.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 99 - Support Establishment and Adjustment Services › Rule 441-99.121 - Right of Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
Department actions under this chapter are not subject to
				  administrative appeal under 441-Chapter 7.
This rule is intended to implement Iowa Code chapter
				  17A.