reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 97 - Collection Services Center › Rule 441-97.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The definitions of terms used in this chapter shall follow
				  those terms defined in rule
				  441-95.1 (252B) with
				  the exception or addition of the following:
"Collection services center"
means the
				  public agency designated to receive, record, monitor, and disburse support
				  payments as defined in Iowa Code section
				  598.1,
				  252B.15
				  or
				  252D.16, in
				  accordance with Iowa Code sections
				  252B.13A
				  and
				  252B.14.
"Correlated non-IV-D case "
means a non-IV-D
				  case where income withholding information must be maintained by the unit in
				  order to properly process an income withholding payment because the obligor has
				  both a non-IV-D and a current or former IV-D case.
"Electronic funds transmission "
means, for
				  purposes of this chapter, the use of a NACHA-approved child support format for
				  the electronic transmission of funds to the collection services center
"Employee"
shall have the same meaning
				  provided this term in Iowa Code section 252G.I.
"Former IV-D case"
means a case that
				  previously received services from the unit under rule
				  441-95.2
				  (252B) but currently receives only payment processing services from the
				  collection services center
"Insufficient funds payment"
means a support
				  payment by check or other financial instrument which is dishonored, not paid,
				  or the funding of the payment is determined to be inadequate.
"IV-D case "
means a case that receives
				  services from the unit under rule
				  441-95.2
				  (252B), including payment processing services from the collection services
				  center
"NACHA-approved child support format"
means
				  a child support payment transmission format approved by the National Automated
				  Clearing House Association (NACHA).
"Non-IV-D case "
means a support order that
				  never received services from the unit under rule
				  441-95.2
				  (252B), but that receives payment processing services from the collection
				  services center for income withholding payments.
"Obligee"
means the guardian, custodial
				  parent, person, or entity entitled to receive support payments.
"Obligor "
means a parent, relative, or any
				  other person declared to be legally liable for the support of a child or the
				  custodial parent or guardian of the child.
"Payor of income "
shall have the same
				  meaning provided this term in Iowa Code section 252D. 16.
"Support payment"
shall have the same
				  meaning provided this term in Iowa Code section 252D. 16.
"Unit"
means the child support recovery unit
				  as defined in Iowa Code section
				  252B.2.
"Web site"
means the Web site operated by
				  the department of human services for the purpose of allowing a payor of income
				  to make a support payment through electronic transmission to the collection
				  services center
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 97 - Collection Services Center › Rule 441-97.2 - Transfer of Records and Payments

Current through Register Vol. 47, No. 3, July 24, 2024
For non-IV-D cases, the clerk of court shall provide core
				  case information to the unit upon the filing of a new income withholding order
				  or upon the request of the unit. "Core case information" means information
				  listed in paragraphs 97.2(1)
"a"
and
"b"
and
				  subrule 97.2(2). For IV-D and correlated non-IV-D cases, the clerk of court
				  shall provide detailed case information to the unit upon request. After the
				  establishment of a case, the unit shall send notices of transfer to obligors
				  and obligees based upon case type.
(1)
Transfer of information on non-IV-D and correlated non-IV-D
				cases.
a. In non-IV-D cases, the
				unit shall request the following information necessary for the receipt,
				recording and disbursement of payments from the clerk of the district court:
(1) The obligor's name and address.
(2) The obligee's name and address.
(3) The court order numbers.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 97 - Collection Services Center › Rule 441-97.3 - Support Payment Records

Current through Register Vol. 47, No. 3, July 24, 2024
Each IV-D, former IV-D and non-IV-D case type shall have an
				  official payment record.
(1)
Official records for cases.
The official payment records for
				each case type shall be maintained by a designated entity.
a. The collection services center shall
				establish, maintain and certify the official support payment records for IV-D
				or former IV-D cases.
b. The clerk
				of the district court shall establish, maintain and certify the official
				support payment records for non-IV-D and correlated non-IV-D cases. The
				collection services center shall establish and maintain records for receipt and
				disbursement of income withholding payments for these cases, but shall not
				certify these records as the complete payment record.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 97 - Collection Services Center › Rule 441-97.4 - Method of Payment

Current through Register Vol. 47, No. 3, July 24, 2024
Payments shall be accepted in specific forms from obligors
				  and payors of income.
(1)
Form
				of payment.
Except as otherwise provided in this rule and in rule
				441-97.5
				(252D), support payments may be paid in the form of cash, check, bank draft,
				money order, preauthorized withdrawal of funds, or other financial instrument,
				and sent by mail to the collection services center, or by electronic
				transmission of funds.
(2)
Treatment of insufficient funds payments.
The unit shall have
				a process in place to handle insufficient funds payments.
a. An obligor submitting an insufficient
				funds support payment to the collection services center shall be required to
				submit payments by cash, bank draft, or money order for a period of up to 12
				months unless waived by the collection services center
b. A payor of income submitting an
				insufficient funds support payment to the collection services center shall be
				required to submit payments through electronic funds transmission, cash, bank
				draft, or money order for a period of up to 12 months unless waived by the
				collection services center
c.
				Insufficient funds payments shall not be credited to the collection services
				center account for the obligor or shall be removed from the account if credited
				before sufficiency was verified. Insufficient funds support payments shall be
				subject to additional collection by the collection services center for the
				dishonored amount.
d. The
				collection services center shall not process additional payments other than
				cash, bank drafts or money orders from an obligor or payor of income who has
				previously submitted insufficient funds payments without first verifying the
				payment. The collection services center shall have a process in place to allow
				the obligor or the payor of income the opportunity to replace any additional
				moneys submitted for payment of support before processing in order to avoid
				additional insufficient funds entries into the official payment records on the
				affected cases.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 97 - Collection Services Center › Rule 441-97.5 - Electronic Transmission of Payments

Current through Register Vol. 47, No. 3, July 24, 2024
Payors of income shall electronically transmit to the
				  collection services center the amounts withheld under an income withholding
				  order.
(1)
Thresholds for
				electronic funds transmission.
A payor of income shall transmit
				payment through electronic funds transmission if either of the following
				applies:
a. The payor of income employs 100 or
				more employees and uses an agent for payroll processing.
b. The payor of income employs 200 or more
				employees.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 97 - Collection Services Center › Rule 441-97.7 - Processing Misdirected Payments

Current through Register Vol. 47, No. 3, July 24, 2024
If the collection services center receives a payment for
				  which a corresponding obligee cannot be identified, the collection services
				  center shall contact the person or entity that directed the payment to obtain
				  additional information. Payments inappropriately directed to the collection
				  services center shall be returned to the person or entity sending the
				  payment.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Medical support"
means either the provision
				  of health care coverage or the payment of cash medical support. Medical support
				  is not alimony.
"Obligee"
means a parent or other natural
				  person legally entitled to receive a support payment on behalf of a
				  child.
"Obligor"
means a parent or other natural
				  person legally responsible for the support of a dependent.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.2 - Provision of Services

Current through Register Vol. 47, No. 3, July 24, 2024
The child support recovery unit shall provide medical support
				  services to public assistance and nonpublic assistance recipients of child
				  support services. Unless good cause has been established, recipients of public
				  assistance are required to cooperate with the child support recovery unit as a
				  condition of eligibility as prescribed in rule
				  441-75.14(249A).
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.5 - Health Benefit Plan Information

Current through Register Vol. 47, No. 3, July 24, 2024
The unit shall gather information concerning a health benefit
				  plan.
(1)
Information from an
				employer.
The unit shall gather information concerning a health
				benefit plan an employer may offer an obligor as follows:
a. The unit may send Form 470-0177M whenever
				a potential employer is identified.
b. The unit shall secure information about
				health care coverage from a known employer on Form 470-2743 when Form 470-3818
				or an order has been forwarded to the employer pursuant to Iowa Code section
				252E.4.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.6 - Insurer Authorization

Current through Register Vol. 47, No. 3, July 24, 2024
When the obligor does not provide to the insurer the signed
				  documents necessary to enroll and process claims for the dependent for whom
				  support is ordered, the insurer is authorized to accept the signature of the
				  obligee or the department's designee on necessary forms. For purposes of
				  Division I of this chapter, the third-party liability unit is the department's
				  designee when support is assigned.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.7 - Enforcement

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Medical support enforcement.
For the purposes of enforcement,
				medical support may be reduced to a dollar amount and collected through the
				same remedies available for the collection and enforcement of child
				support.
(2)
Health care
				coverage.
a. If an obligor was
				ordered to provide health care coverage under an order but did not comply with
				the order, the child support recovery unit may implement the order by
				forwarding to the employer a copy of the order, an ex parte order as provided
				in Iowa Code section 252E.4, or Form
				470-3818.
b. If the child support
				recovery unit implements an order under this subrule, the unit shall send a
				notice to the obligor at the last-known address of the obligor by regular mail.
				The notice shall contain the following information:
(1) A statement of the obligor's right to an
				informal conference.
(2) The
				process to request an informal conference.
(3) The obligor's right to file a motion to
				quash with the district court.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.8 - Contesting the Order

Current through Register Vol. 47, No. 3, July 24, 2024
The obligor may contest the enforcement of medical support by
				  means of an informal conference with the child support recovery unit, or by
				  filing a motion to quash.
(1)
Motion to quash.
Procedures for filing a motion to quash the
				order are specified under Iowa Code sections
				252D.31 and
				252E.6A.
(2)
Informal conference.
a. The obligor shall be entitled to only one
				informal conference for each new employer to which the unit has forwarded Form
				470-3818 or an order under Iowa Code section
				252E.4 to enforce medical
				support.
b. Procedures for the
				informal conference are as follows:
(1) The
				child support recovery unit shall inform the obligor in writing of the right to
				request an informal conference.
(2)
				The obligor may request an informal conference with the child support recovery
				unit if the obligor believes the enforcement was entered in error.
(3) The obligor shall request an informal
				conference in writing, within 15 calendar days from the date of the notice of
				the right to an informal conference, or at any time if a mistake of fact
				regarding the identity of the obligor is believed to have been made.
(4) The child support recovery unit shall
				schedule an informal conference within 15 calendar days of the receipt of a
				written request from the obligor or the obligor's representative.
(5) The child support recovery unit may
				conduct the conference in person or by telephone.
(6) If the obligor fails to attend the
				conference, only one alternative time shall be scheduled by the child support
				recovery unit.
(7) The child
				support recovery unit shall issue a written decision to the obligor within ten
				calendar days of the conference.
c. The issues to be reviewed at the
				conference shall be as follows:
(1) Whether
				the identity of the obligor is in error.
(2) Whether the obligor is already providing
				health care coverage for the dependent.
(3) Whether the availability of dependent
				health care coverage is in error.
(4) Whether the obligor was ordered to
				provide health care coverage under the support order.
d. The results in an informal conference
				shall in no way affect the right of the obligor to file a motion to quash the
				order under Iowa Code section
				252E.6A.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.21 - When Applicable

Current through Register Vol. 47, No. 3, July 24, 2024
When there is a delinquency in an amount equal to the support
				  payable for one month as specified by an order for support or reimbursement
				  order and the child support recovery unit is providing services under
				  441-Chapter 95, the unit shall enter an order to withhold the obligor's income
				  not exempt by state or federal law to require the income withheld to be paid to
				  the collection services center to pay the support obligation. An income
				  withholding order shall also be entered to collect the unpaid balance of a
				  judgment for the reimbursement of a support debt when a repayment schedule is
				  not specified in the order establishing the judgment.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.24 - Amount of Withholding

Current through Register Vol. 47, No. 3, July 24, 2024
The child support recovery unit shall determine the amount to
				  be withheld by the employer or other income providers as follows:
(1)
Current support obligation
				exists.
When a current support obligation exists, the amount withheld
				shall be an amount equal to the current support obligation, and an additional
				amount equal to 20 percent of the current support obligation to be applied
				toward the liquidation of any delinquency. However, the amount withheld to be
				applied toward the liquidation of any delinquency shall be 5 0 percent of the
				current support obligation for any support order entered or modified prior to
				July 1, 1998, and for which an income withholding order has been filed by the
				Iowa child support recovery unit prior to July 1, 1998.
(2)
Current obligation
				ended.
When the current support obligation has ended or has been
				suspended, the income withholding order shall remain in effect until any
				delinquency has been satisfied. The amount withheld shall be equal to the
				amount of the most recent prior current support obligation which is greater
				than zero. However, in the following circumstances, the amount withheld shall
				be 20 percent of the amount owed for current support at the time the obligation
				ended or was suspended:
a. There has been a
				change of legal custody from the obligee to the obligor.
b. The obligee and obligor have reconciled
				and have obtained a modification ending the current support
				obligation.
c. The current
				obligation is suspended through the suspension process.
d. In a foster care case, the order for
				parental liability ended when the child left placement, or an order ending the
				liability has been entered and the child in foster care has returned to the
				home of a parent ordered to pay parental liability. In this situation, the
				amount withheld shall be reduced to 20 percent of the current support amount
				when the obligation ended, but only for the parent with whom the child
				resides.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.25 - Amendment of Amount of Withholding Due to Hardship

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Request for amendment.
If subrule 98.24(2) or 98.24(3) applies, the obligor may request at any time an
				amendment of the amount withheld as payment toward the delinquency or
				reimbursement on the grounds of hardship. The obligor must submit the request
				in writing to the child support recovery unit.
(2)
Hardship criterion.
Hardship exists if the obligor's income is equal to or less than 200 percent of
				the poverty level for one person according to the poverty guidelines updated
				periodically in the Federal Register by the U.S. Department of Health and Human
				Services under the authority of
				42
				U.S.C. 9902(2).
a. If hardship is claimed by the obligor, the
				child support recovery unit may verify income from:
(1) The employer or other income provider of
				the obligor.
(2) The
				obligor.
(3) The state employment
				security agency.
(4) Other records
				available in accordance with Iowa Code section
				252B.9.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.26 - Additional Information About Hardship

Current through Register Vol. 47, No. 3, July 24, 2024
The child support recovery unit shall make reasonable efforts
				  within 13 months after January 1, 2019, to identify and incrementally notify
				  obligors who may be impacted by the changes to hardship procedures in rule
				  441-98.25(252D).
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.31 - Effective Date

Current through Register Vol. 47, No. 3, July 24, 2024
In cases for which the child support recovery unit is
				  providing enforcement services, the income of the obligor is subject to
				  immediate withholding pursuant to Iowa Code section
				  252D.8
				  without regard to the existence of a delinquency in the payment of
				  support.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.32 - Withholding Automatic

Current through Register Vol. 47, No. 3, July 24, 2024
Immediate withholding of income is automatic without
				  additional notice to the obligor unless:
(1)
Good cause exists.
Good
				cause is found to exist by the court or the child support recovery unit. For
				purposes of this rule, "good cause" is defined as the posting of a secured bond
				by the obligor sufficient to pay all current and future child support
				obligations, including any delinquency which may accrue.
(2)
Written agreement
				exists.
A written agreement is reached between both parties which
				provides for an alternative arrangement for payment of child support subject to
				the following conditions:
a. Unless approved
				by the child support recovery unit, written agreements between the obligee and
				obligor to waive immediate income withholding become void when child support is
				assigned to this state or to another state pursuant to a statute of that
				jurisdiction.
b. All payments
				pursuant to any written agreement shall be paid as directed in Iowa Code
				sections
				252B.14
				and
				598.22.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.34 - Approval of Request for Immediate Income Withholding

Current through Register Vol. 47, No. 3, July 24, 2024
When the obligee or other party to the proceeding requests
				  immediate withholding, the child support recovery unit shall determine whether
				  the request shall be approved.
(1)
Basis for approval.
Approval of a request for immediate income
				withholding by the child support recovery unit may be based on:
a. Past payment record of the obligor which
				demonstrates an inconsistent compliance with the support order
b. Whether the state of Iowa is providing
				public assistance.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.36 - Immediate Income Withholding Amounts

Current through Register Vol. 47, No. 3, July 24, 2024
The amount withheld shall be the amount of the current
				  support obligation as specified in the support order If a judgment for accrued
				  support is established in the support order, the amount withheld shall be the
				  amount due for current support and the periodic payment amount due for the
				  accrued support as specified in the order If no periodic payment for the
				  accrued support is established in the support order, the amount withheld shall
				  be the amount due for current support plus 10 percent of the amount of the
				  current obligation to be applied to the accrued support.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.37 - Immediate Income Withholding Amounts When Current Support Has Ended

Current through Register Vol. 47, No. 3, July 24, 2024
When the child support obligation has ended, the amounts to
				  be withheld shall be in accordance with subrule 98.24(2).
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.39 - Provisions for Medical Support

Current through Register Vol. 47, No. 3, July 24, 2024
An income withholding order or notice of income withholding
				  may also include provisions for enforcement of medical support when medical
				  support is included in the support order. The income withholding order or
				  notice of income withholding may require implementation of dependent health
				  care coverage pursuant to Iowa Code chapter 252E or the withholding of a dollar
				  amount for medical support. Amounts withheld for medical support shall be
				  determined in the same manner as amounts withheld for child
				  support.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.40 - Maximum Amounts to Be Withheld

Current through Register Vol. 47, No. 3, July 24, 2024
An income withholding order or a notice issued by the child
				  support recovery unit shall require that the employer or other income provider
				  withhold no more than the maximum amounts allowed under the Federal Consumer
				  Credit Protection Act,
				  15 U.S.C. Section
				  1673(b).
(1) The amount of income subject to
				withholding shall be limited to 50 percent of the nonexempt disposable income
				of the obligor unless there is more than one support order for which the
				obligor is obligated and the criteria of
				15 U.S.C. Section
				1673(b) are met, or the
				obligor agrees to a greater amount within these limits.
(2) Disposable income means that part of the
				earnings of any individual remaining after the deduction from those earnings of
				any amounts required by law to be withheld.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.41 - Multiple Obligations

Current through Register Vol. 47, No. 3, July 24, 2024
In the event that an obligor has more than one support
				  obligation that is being enforced by the child support recovery unit, the unit
				  may enter an income withholding order to enforce each obligation. The amount
				  specified to be withheld on the delinquency under the income withholding order
				  or notice shall be determined in accordance with rule
				  441-98.24(252D).
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.42 - Notice to Employer and Obligor

Current through Register Vol. 47, No. 3, July 24, 2024
The child support recovery unit shall send the obligor and
				  the employer or other income provider a notice of income withholding as
				  follows:
(1)
Notice to
				employer.
The unit may send notice to the employer or other income
				provider by regular mail or by electronic means in accordance with Iowa Code
				chapter 252D. If the unit is sending notice by regular mail, it shall send Form
				470-3272 or a notice in the standard format prescribed by
				42 U.S.C. §
										666(b)(6)(A). If the unit is
				sending the notice by electronic means, it may include notice of more than one
				obligor's order and need only state once provisions which are applicable to all
				obligors, such as the information in paragraphs 98.42(1)
"d," "f,"
				"g,"
and
"i."
The statement of provisions applicable
				to all obligors may be sent by regular mail or electronic means. The notice of
				income withholding shall contain information such as the following:
a. The obligor's name and social security
				number.
b. The amount of current
				support to withhold.
c. The amount
				of support to withhold for payment of delinquent support, if any.
d. The amount an income provider may deduct
				for costs of processing each support payment.
e. The child support case number.
f. The location to which payments are
				sent.
g. The maximum amount that
				can be withheld for payment of support as specified in rule
				441-98.40(252D,252E).
h. The method
				to calculate net income.
i.
				Responsibilities of the income provider as specified in Iowa Code section
				252D.17.
j. Responsibility, if any,
				of the income provider to enroll the obligor's dependent for coverage under a
				health benefit plan.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.43 - Contesting the Withholding

Current through Register Vol. 47, No. 3, July 24, 2024
The obligor may contest the income withholding by means of an
				  informal conference with the child support recovery unit or by filing a motion
				  to quash.
(1)
Motion to
				quash
Procedures for filing a motion to quash the order or the notice
				of income withholding are specified in Iowa Code chapter 252D.
(2)
Informal conference.
a. The obligor shall be entitled to only one
				informal conference for each new or modified income withholding order or notice
				issued by the child support recovery unit that specifies a new or modified
				total amount to withhold.
b.
				Procedures for the informal conference are as follows:
(1) The child support recovery unit shall
				inform the obligor in writing of the right to request an informal
				conference.
(2) The obligor may
				request an informal conference with the child support recovery unit if the
				obligor believes the withholding is in error.
(3) The obligor shall request an informal
				conference in writing.
(4) The
				child support recovery unit shall schedule an informal conference within 15
				calendar days of the receipt of a written request from the obligor or the
				obligor's representative.
(5) The
				child support recovery unit may conduct the conference in person or by
				telephone.
(6) If the obligor fails
				to attend the conference, only one alternative time shall be scheduled by the
				child support recovery unit.
(7)
				The child support recovery unit shall issue a written decision to the obligor
				within ten calendar days of the conference.
(8) If the child support recovery unit has
				not complied with rule
				441-98.24 (252D), it shall then
				adjust the income withholding amount.
c. The issues to be reviewed at the
				conference shall be as follows:
(1) For all
				income withholding orders or notices, whether:
1. The identity of the obligor is in
				error.
2. The amount of the current
				support obligation is in error.
(2) For orders or notices resulting from the
				existence of a delinquency, whether:
1. The
				amount of delinquent support is in error.
2. For income withholding orders or notices
				issued after November 1, 1990, whether the guidelines described at rule
				441-98.24(252D) were followed.
(3) For immediate income withholding orders
				or notices, whether the criteria of rules
				441-98.32 (252D) and
				441-98.34 (252D) were
				appropriately applied.
d.
				The results of an informal conference shall in no way affect the right of the
				obligor to file a motion to quash the income withholding order or notice with
				the court.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.44 - Termination of Order

Current through Register Vol. 47, No. 3, July 24, 2024
The child support recovery unit may, by ex parte order,
				  terminate an income withholding order under the following conditions:
(1)
Order entered in error
The child support recovery unit shall terminate an income withholding order
				upon determination that the order was entered in error as follows:
a. The person named as the obligor in the
				income withholding order is not the person required to provide support under
				the support order being enforced.
b. For orders resulting from the existence of
				a delinquency, the required minimum delinquency did not exist at the time the
				income withholding order was entered.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.45 - Modification of Income Withholding

Current through Register Vol. 47, No. 3, July 24, 2024
The child support recovery unit may modify a previously
				  issued income withholding order or notice according to the guidelines
				  established under rule
				  441-98.24 (252D) if it is
				  determined that:
(1)
Current
				support obligation changed.
There has been a change in the amount of
				the current support obligation.
(2)
Amount in error.
The amount required to be withheld under the
				income withholding order or notice is in error as follows:
a. The amount required to be withheld as
				current support is not the amount specified in the order for support being
				enforced.
b. The guidelines
				established in rule 441-98.24(252D) were not followed.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.46 - Refunds of Amounts Improperly Withheld

Current through Register Vol. 47, No. 3, July 24, 2024
The child support recovery unit shall refund to the obligor
				  any amounts improperly withheld and received by the department under an income
				  withholding order or notice issued by the unit, subject to the
				  following:
(1)
Services
				provided by the department.
Only those amounts received by the
				department during the period enforcement services are being provided are
				subject to refund.
(2)
Satisfaction of amount to withhold.
No refund shall be made
				unless amounts have been collected which fully satisfy the amount specified in
				the income withholding order or notice for the withholding period during which
				income has been generated.
(3)
When issued.
Any amounts received in excess of the amounts
				specified in the order or notice to withhold shall be issued to the obligor
				within 30 days of discovery by the child support recovery unit, unless the
				obligor requests in writing that these amounts be credited toward the
				delinquency or future child support. If there is a dispute regarding whether
				there is an overpayment, the obligor may request an informal conference by
				following the procedures set out in subparagraphs 98.43(2)
"a
"(3) through (7). This procedure shall not preclude the obligor from utilizing
				other civil remedies.
(4)
Recovery by department.
The department may recover payments
				from the obligee in excess of those described in subrule 98.46(2) which have
				been received by the department and improperly forwarded to the
				obligee.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.47 - Child Support Intercept of Unemployment Insurance Benefits

Current through Register Vol. 47, No. 3, July 24, 2024
When the department of workforce development notifies the
				  child support recovery unit that an individual who owes a child support
				  obligation being enforced by the unit has been determined to be eligible for
				  unemployment insurance benefits, the unit will enforce a child support
				  obligation that is owed by an obligor but is not being met by intercept of
				  unemployment insurance benefits. "Owed but not being met" means either current
				  child support not being met or arrearages that are owed.
(1)
Withholding.
The child
				support recovery unit shall intercept unemployment insurance benefits by
				initiating a withholding of income pursuant to Iowa Code chapter 252D and this
				division. The amount to be withheld through a withholding of unemployment
				insurance benefits shall not exceed the amount specified in 15 U.S.C.
				1673(b).
(2)
Provision of
				receipt.
A receipt of the payments intercepted through unemployment
				insurance benefits will be provided once a year, upon the obligor's request to
				the child support recovery unit.
This rule is intended to implement Iowa Code section
				  96.3
				  and 15 U.S.C. 1673(b).
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.61 - List for Publication

Current through Register Vol. 47, No. 3, July 24, 2024
The department may compile and make available for publication
				  a list of cases in which no payment has been credited to an accrued or accruing
				  support obligation during a previous three-month period, subject to the
				  following:
(1)
Support order
				entered in Iowa.
The list shall include cases with a support order
				entered in Iowa which is being enforced by the child support recovery
				unit.
(2)
Support order
				entered in another state.
The list may include cases with a support
				order entered in another state, if another state has requested this service,
				has demonstrated that the provision of this service is not in conflict with the
				laws of the state where the support order is entered, and the order is being
				enforced by the child support recovery unit.
(3)
When compiled.
The
				department shall determine when to compile the list, but shall not be required
				to do so.
(4)
Case
				selection.
Case selection shall be based on the records of the
				department at the time the list is compiled. The three-month period of
				nonpayment shall end no earlier than one month prior to the date the list is
				compiled. When an obligor has multiple orders on a case, all orders contained
				in the child support recovery unit record may be listed.
(5)
Good cause.
The name of
				the obligor shall not be included when there has been a finding of good cause
				for noncooperation with the child support recovery unit in a public assistance
				case pursuant to 441-Chapter 41 or 441-Chapter 75 and a determination has been
				made that enforcement may not proceed without risk of harm to the child or
				caretaker.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.62 - Releasing the List

Current through Register Vol. 47, No. 3, July 24, 2024
The department may release the information, no more than
				  twice annually, as follows:
(1)
Release to media.
The department shall issue a press release
				to the weekly and daily newspapers in Iowa describing the manner in which a
				copy of the list may be obtained. Cost of producing the list shall be borne by
				the department. Costs of producing and transmitting a copy of the list shall be
				borne by the recipient of the copy.
(2)
Availability of list.
Once released, the list shall be provided to other persons upon payment of an
				amount to cover the cost of producing a copy as specified in 441-Chapter 9.
				Requests shall be directed to the Bureau of Collections, Fifth Floor, Hoover
				State Office Building, Des Moines, Iowa 50319-0114.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.71 - Seek Employment Order

Current through Register Vol. 47, No. 3, July 24, 2024
The child support recovery unit (CSRU) may enter an ex parte
				  order requiring the obligor to seek employment if employment of the obligor
				  cannot be verified and if the obligor has failed to make support payments. Any
				  obligor who has failed to make support payments and for whom employment cannot
				  be verified is subject to issuance of an administrative order to seek
				  employment.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.72 - Effective Date of Order

Current through Register Vol. 47, No. 3, July 24, 2024
The seek employment order shall be effective 15 days after
				  issuance of the order to the obligor This 15-day period shall serve as advance
				  notice to the obligor
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.73 - Method and Requirements of Reporting

Current through Register Vol. 47, No. 3, July 24, 2024
The obligor shall complete Form 470-3155, which shall be
				  submitted to the unit on a weekly basis throughout the duration of the order
				  unless the obligor has a valid reason for not complying with the order. The
				  obligor shall document at least five new attempts to find employment on the
				  form each week. The same employer may not be reported more than once per
				  week.
The obligor shall include the names, addresses, and the
				  telephone numbers of each of the five employers or businesses with whom the
				  obligor attempted to seek employment and the name of the individual contact to
				  whom the obligor made application for employment or to whom the inquiry was
				  directed.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.74 - Reasons for Noncompliance

Current through Register Vol. 47, No. 3, July 24, 2024
Upon verification, certain conditions shall be considered
				  valid reasons for noncompliance. At the request of the child support recovery
				  unit (CSRU), the obligor shall provide verification of any reason for
				  noncompliance with the order when the information is not available to CSRU
				  through online sources. Valid reasons for noncompliance and acceptable
				  verification are:
(1)
Receipt
				of social security, supplemental security income (SSI), or the family
				investment program (FIP).
Receipt of social security, SSI, or FIP is
				considered a valid reason for noncompliance when verified by information
				contained in online sources available to CSRU or written verification from the
				agency providing the benefits.
(2)
Temporary illness or disability.
Temporary illness or
				disability of the obligor or other household member is considered a valid
				reason upon receipt of completed Form 470-3158 verifying the obligor's
				inability to seek or accept employment.
(3)
High school student.
Attending high school is considered a valid reason upon verification from the
				high school.
(4)
Incarceration.
Incarceration is considered a valid reason when
				verified through online information available to CSRU or on receipt of
				verification from the institution.
(5)
Substance abuse
				treatment.
Participating in a supervised substance abuse treatment
				program that is associated with a treatment center is considered a valid reason
				upon verification from the treatment center.
(6)
Job training.
Participation in a job training or job seeking program through the department
				of employment services as a result of receiving benefits from the Supplemental
				Nutrition Assistance Program (SNAP) is considered a valid reason upon receipt
				of verification from the department of employment services.
(7)
Employment or
				self-employment.
Employment or self-employment is considered a valid
				reason upon verification through the employer for those employed or through tax
				documents or business records for those self-employed.
(8)
Payment of support.
Payment on the account equal to the amounts prescribed for income withholding
				in accordance with rule
				441-98.24 (252D) throughout the
				duration of the seek employment order is considered a valid reason upon
				verification of payments posted to the Iowa collection and reporting (ICAR)
				system.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.75 - Method of Service

Current through Register Vol. 47, No. 3, July 24, 2024
The seek employment order shall be served on the obligor by
				  regular mail. 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 441-98.76 - Duration of Order

Current through Register Vol. 47, No. 3, July 24, 2024
The seek employment order shall remain in effect for three
				  months from the date of issuance unless CSRU determines the obligor has a valid
				  reason for noncompliance as specified at rule
				  441-98.74
				  (252B), at which time the order becomes unenforceable.
Upon acceptance of the reason for noncompliance, CSRU shall
				  notify the obligor that the obligor is no longer required to comply with the
				  seek employment order Upon denial of the reason for noncompliance, CSRU shall
				  notify the obligor that the obligor shall comply with the existing seek
				  employment order The notice shall be filed with the clerk of the district
				  court. If the obligor disputes this decision, the obligor shall have recourse
				  through the district court.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.81 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Delinquent support"
means a payment, or
				  portion of a payment, including interest, not received by the clerk of the
				  district court or other designated agency at the time it was due. In addition,
				  delinquent support shall also include payments for parental liabilities not
				  received as specified pursuant to 441-Chapter 156.
"Federal nontax payment"
means an amount
				  payable by the federal government which is subject to administrative offset for
				  support under the federal Debt Collection Improvement Act,
				  Pub. L. No.
				  104-134.
"Mistake of fact"
means a mistake in the
				  identity of the obligor or whether the delinquency meets the criteria for
				  referral.
This rule is intended to implement Iowa Code chapter
				  252B.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 98 - Support Enforcement Services › Rule 441-98.82 - Offset Against Payment Owed to a Person by a State Agency

Current through Register Vol. 47, No. 3, July 24, 2024
The department will make a claim against a payment owed to an
				  obligor by a state agency when support payments are delinquent as set forth in
				  rule 11-40.1 (8A). A claim against a
				  payment owed to an obligor shall be applied to court-ordered support which the
				  department is attempting to collect pursuant to Iowa Code chapter 25 2B.
(1)
Case selection.
The
				department shall submit to the department of administrative services, at least
				monthly, a list of obligors who are delinquent at least $50 in support
				payments.
(2)
Notification
				of offset.
Within ten days of receiving notification from the
				department of administrative services that the obligor is entitled to a
				payment, the department shall:
a. Send a
				preoffset notice to the obligor. The preoffset notice shall inform the obligor
				of the amount the department intends to claim and apply to the support
				obligation and shall contain all information required by Iowa Code subsection
				8A.504(2)
				 and 11-subrule 40.4(4).
b. Notify the department of administrative
				services that the preoffset notice has been sent to the obligor.