CHAPTER 252A SUPPORT OF DEPENDENTS
See also chapter 252K, the Uniform Interstate Family Support Act
252A.1 TITLE AND PURPOSE.
This chapter may be cited and referred to as the "Support of
Dependents Law".
The purpose of this chapter is to secure support in civil
proceedings for dependent spouses, children and poor relatives from
persons legally responsible for their support.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 252A.1]
97 Acts, ch 175, §8
252A.2 DEFINITIONS.
As used in this chapter, unless the context shall require
otherwise, the following terms shall have the meanings ascribed to
them by this section:
1. "Birthing hospital" means a private or public hospital
licensed pursuant to chapter 135B that has a licensed obstetric unit
or is licensed to provide obstetric services, or a licensed birthing
center associated with a hospital.
2. "Child" includes but shall not be limited to a stepchild,
foster child, or legally adopted child and means a child actually or
apparently under eighteen years of age, and a dependent person
eighteen years of age or over who is unable to maintain the person's
self and is likely to become a public charge.
3. "Court" shall mean and include any court upon which
jurisdiction has been conferred to determine the liability of persons
for the support of dependents.
4. "Dependent" shall mean and include a spouse, child, mother,
father, grandparent, or grandchild who is in need of and entitled to
support from a person who is declared to be legally liable for such
support.
5. "Institution" means a birthing hospital.
6. "Party" means a petitioner, a respondent, or a person who
intervenes in a proceeding instituted under this chapter.
7. "Petitioner" includes each dependent person for whom support
is sought in a proceeding instituted pursuant to this chapter or a
mother or putative father of a dependent. However, in an action
brought by the child support recovery unit, the state is the
petitioner.
8. "Petitioner's representative" includes counsel of a dependent
person for whom support is sought and counsel for a mother or
putative father of a dependent. In an action brought by the child
support recovery unit, "petitioner's representative" includes a
county attorney, state's attorney and any other public officer, by
whatever title the officer's public office may be known, charged by
law with the duty of instituting, maintaining, or prosecuting a
proceeding under this chapter or under the laws of the state.
9. "Putative father" means a man who is alleged to be or who
claims to be the biological father of a child born to a woman to whom
the man is not married at the time of the birth of the child.
10. "Register" means to file a foreign support order in the
registry of foreign support orders maintained as a filing in equity
by the clerk of court.
11. "Respondent" includes each person against whom a proceeding
is instituted pursuant to this chapter. "Respondent" may include the
mother or the putative father of a dependent.
12. "State registrar" means state registrar as defined in section
144.1.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 252A.2; 82 Acts,
ch 1004, § 6, 7]
93 Acts, ch 79, §11; 94 Acts, ch 1171, §10, 11; 97 Acts, ch 175, §
9; 2002 Acts, ch 1162, §78
252A.3 LIABILITY FOR SUPPORT.
For the purpose of this chapter:
1. A spouse is liable for the support of the other spouse and any
child or children under eighteen years of age and any other
dependent. The court shall establish the respondent's monthly
support payment and the amount of the support debt accrued and
accruing pursuant to section 598.21A or 598.21B, as applicable.
2. A parent is liable for the support of the parent's child or
children under eighteen years of age, whenever the other parent of
such child or children is dead, or cannot be found, or is incapable
of supporting the child or children, and, if the liable parent is
possessed of sufficient means or able to earn the means. The court
having jurisdiction of the respondent in a proceeding instituted
under this chapter shall establish the respondent's monthly support
payment and the amount of the support debt accrued and accruing
pursuant to section 598.21B. The support obligation shall include
support of a parent's child between the ages of eighteen and nineteen
years if the child 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 reaching nineteen years of age.
3. The parents are severally liable for the support of a
dependent child eighteen years of age or older, whenever such child
is unable to maintain the child's self and is likely to become a
public charge.
4. A child or children born of parents who, at any time prior or
subsequent to the birth of such child, have entered into a civil or
religious marriage ceremony, shall be deemed the legitimate child or
children of both parents, regardless of the validity of such
marriage.
5. A child or children born of parents who held or hold
themselves out as husband and wife by virtue of a common law marriage
are deemed the legitimate child or children of both parents.
6. A man or woman who was or is held out as the person's spouse
by a person by virtue of a common law marriage is deemed the
legitimate spouse of such person.
7. Notwithstanding the fact that the respondent has obtained in
any state or country a final decree of divorce or separation from the
respondent's spouse or a decree dissolving the marriage, the
respondent shall be deemed legally liable for the support of any
dependent child of such marriage.
8. The parents of a child born out of wedlock shall be severally
liable for the support of the child, but the liability of the father
shall not be enforceable unless paternity has been legally
established. Paternity may be established as follows:
a. By order of a court of competent jurisdiction or by
administrative order when authorized by state law.
b. By the statement of the person admitting paternity in court
and upon concurrence of the mother. If the mother was married, at
the time of conception, birth, or at any time during the period
between conception and birth of the child, to an individual other
than the person admitting paternity, the individual to whom the
mother was married at the time of conception, birth, or at any time
during the period between conception and birth must deny paternity in
order to establish the paternity of the person admitting paternity
upon the sole basis of the admission.
c. Subject to the right of any signatory to rescind as provided
in section 252A.3A, subsection 12, by the filing and registration by
the state registrar of an affidavit of paternity executed on or after
July 1, 1993, as provided in section 252A.3A, provided that the
mother of the child was unmarried at the time of conception, birth,
and at any time during the period between conception and birth of the
child or if the mother was married at the time of conception, birth,
or at any time during the period between conception and birth of the
child, a court of competent jurisdiction has determined that the
individual to whom the mother was married at that time is not the
father of the child.
d. By establishment of paternity in a foreign jurisdiction in any
manner provided for by the laws of that jurisdiction.
9. If paternity of a child born out of wedlock is established as
provided in subsection 8, the court shall establish the respondent's
monthly support payment and the amount of the support debt accrued
and accruing pursuant to section 598.21B. The support obligation
shall include support of the child between the ages of eighteen and
nineteen years if the child 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 reaching nineteen years of age.
10. The court may order a party to pay sums sufficient to provide
necessary food, shelter, clothing, care, medical or hospital
expenses, including medical support as defined in chapter 252E,
expenses of confinement, expenses of education of a child, funeral
expenses, and such other reasonable and proper expenses of the
dependent as justice requires, giving due regard to the circumstances
of the respective parties.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 252A.3]
89 Acts, ch 166, § 2; 93 Acts, ch 79, §12; 94 Acts, ch 1171, §12;
96 Acts, ch 1141, § 16; 97 Acts, ch 175, § 1, 10, 11; 2005 Acts, ch
69, §2, 3
Referred to in § 144.12A, 144.13, 252A.3A, 600B.41A
Spousal support debt for medical assistance to institutionalized
spouse; chapter 249B
252A.3A ESTABLISHING PATERNITY BY AFFIDAVIT.
1. The paternity of a child born out of wedlock may be legally
established by the completion, filing, and registration by the state
registrar of an affidavit of paternity only as provided by this
section.
2. When paternity has not been legally established, paternity may
be established by affidavit under this section for the following
children:
a. The child of a woman who was unmarried at the time of
conception, birth, and at any time during the period between
conception and birth of the child.
b. The child of a woman who is married at the time of conception,
birth, or at any time during the period between conception and birth
of the child if a court of competent jurisdiction has determined that
the individual to whom the mother was married at that time is not the
father of the child.
3. a. Prior to or at the time of completion of an affidavit of
paternity, written and oral information about paternity
establishment, developed by the child support recovery unit created
in section 252B.2, shall be provided to the mother and putative
father. Video or audio equipment may be used to provide oral
information.
b. The information provided shall include a description of
parental rights and responsibilities, including the duty to provide
financial support for the child, the benefits of establishing
paternity, and the alternatives to and legal consequences of signing
an affidavit of paternity, including the rights available if a parent
is a minor.
c. Copies of the written information shall be made available by
the child support recovery unit or the Iowa department of public
health to those entities where an affidavit of paternity may be
obtained as provided under subsection 4.
4. a. The affidavit of paternity form developed and used by the
Iowa department of public health is the only affidavit of paternity
form recognized for the purpose of establishing paternity under this
section. It shall include the minimum requirements specified by the
secretary of the United States department of health and human
services pursuant to 42 U.S.C. § 652(a)(7). A properly completed
affidavit of paternity form developed by the Iowa department of
public health and existing on or after July 1, 1993, but which is
superseded by a later affidavit of paternity form developed by the
Iowa department of public health, shall have the same legal effect as
a paternity affidavit form used by the Iowa department of public
health on or after July 1, 1997, regardless of the date of the filing
and registration of the affidavit of paternity, unless otherwise
required under federal law.
b. The form shall be available from the state registrar, each
county registrar, the child support recovery unit, and any
institution in the state.
c. The Iowa department of public health shall make copies of the
form available to the entities identified in paragraph "b" for
distribution.
5. A completed affidavit of paternity shall contain or have
attached all of the following:
a. A statement by the mother consenting to the assertion of
paternity and the identity of the father and acknowledging either of
the following:
(1) That the mother was unmarried at the time of conception,
birth, and at any time during the period between conception and birth
of the child.
(2) That the mother was married at the time of conception, birth,
or at any time during the period between conception and birth of the
child, and that a court order has been entered ruling that the
individual to whom the mother was married at that time is not the
father of the child.
b. If paragraph "a", subparagraph (2), is applicable, a certified
copy of the filed order ruling that the husband is not the father of
the child.
c. A statement from the putative father that the putative father
is the father of the child.
d. The name of the child at birth and the child's birth date.
e. The signatures of the mother and putative father.
f. The social security numbers of the mother and putative father.
g. The addresses of the mother and putative father, as available.
h. The signature of a notary public attesting to the identities
of the parties signing the affidavit of paternity.
i. Instructions for filing the affidavit.
6. A completed affidavit of paternity shall be filed with the
state registrar. However, if the affidavit of paternity is obtained
directly from the county registrar, the completed affidavit may be
filed with the county registrar who shall forward the original
affidavit to the state registrar. For the purposes of legal
establishment of paternity under this section, paternity is legally
established only upon filing of the affidavit with and registration
of the affidavit by the state registrar subject to the right of any
signatory to recision pursuant to subsection 12.
7. The state registrar shall make copies of affidavits of
paternity and identifying information from the affidavits filed and
registered pursuant to this section available to the child support
recovery unit created under section 252B.2 in accordance with section
144.13, subsection 4, and any subsequent recision form which rescinds
the affidavit.
8. An affidavit of paternity completed and filed with and
registered by the state registrar pursuant to this section has all of
the following effects:
a. Is admissible as evidence of paternity.
b. Has the same legal force and effect as a judicial
determination of paternity subject to the right of any signatory to
recision pursuant to subsection 12.
c. Serves as a basis for seeking child or medical support without
further determination of paternity subject to the right of any
signatory to recision pursuant to subsection 12.
9. All institutions in the state shall provide the following
services with respect to any newborn child born out of wedlock:
a. Prior to discharge of the newborn from the institution, the
institution where the birth occurs shall provide the mother and, if
present, the putative father, with all of the following:
(1) Written and oral information about establishment of paternity
pursuant to subsection 3. Video or audio equipment may be used to
provide oral information.
(2) An affidavit of paternity form.
(3) An opportunity for consultation with the staff of the
institution regarding the written information provided under
subparagraph (1).
(4) An opportunity to complete an affidavit of paternity at the
institution, as provided in this section.
b. The institution shall file any affidavit of paternity
completed at the institution with the state registrar, pursuant to
subsection 6, accompanied by a copy of the child's birth certificate,
within ten days of the birth of the child.
10. a. An institution may be reimbursed by the child support
recovery unit created in section 252B.2 for providing the services
described under subsection 9, or may provide the services at no cost.
b. An institution electing reimbursement shall enter into a
written agreement with the child support recovery unit for this
purpose.
c. An institution entering into an agreement for reimbursement
shall assist the parents of a child born out of wedlock in completing
and filing an affidavit of paternity.
d. Reimbursement shall be based only on the number of affidavits
completed in compliance with this section and submitted to the state
registrar during the duration of the written agreement with the child
support recovery unit.
e. The reimbursement rate is twenty dollars for each completed
affidavit filed with the state registrar.
11. The state registrar, upon request of the mother or the
putative father, shall provide the following services with respect to
a child born out of wedlock:
a. Written and oral information about the establishment of
paternity pursuant to subsection 3. Video or audio equipment may be
used to provide oral information.
b. An affidavit of paternity form.
c. An opportunity for consultation with staff regarding the
information provided under paragraph "a".
12. a. A completed affidavit of paternity may be rescinded by
registration by the state registrar of a completed and notarized
recision form signed by either the mother or putative father who
signed the affidavit of paternity that the putative father is not the
father of the child. The completed and notarized recision form shall
be filed with the state registrar for the purpose of registration
prior to the earlier of the following:
(1) Sixty days after the latest notarized signature of the mother
or putative father on the affidavit of paternity.
(2) Entry of a court order pursuant to a proceeding in this state
to which the signatory is a party relating to the child, including a
proceeding to establish a support order under this chapter, chapter
252C, 252F, 598, or 600B or other law of this state.
b. Unless the state registrar has received and registered an
order as provided in section 252A.3, subsection 8, paragraph "a",
which legally establishes paternity, upon registration of a timely
recision form the state registrar shall remove the father's
information from the certificate of birth, and shall send a written
notice of the recision to the last known address of the signatory of
the affidavit of paternity who did not sign the recision form.
c. The Iowa department of public health shall develop a recision
form and an administrative process for recision. The form shall be
the only recision form recognized for the purpose of rescinding a
completed affidavit of paternity. A completed recision form shall
include the signature of a notary public attesting to the identity of
the party signing the recision form. The Iowa department of public
health shall adopt rules which establish a fee, based upon the
average administrative cost, to be collected for the registration of
a recision.
d. If an affidavit of paternity has been rescinded under this
subsection, the state registrar shall not register any subsequent
affidavit of paternity signed by the same mother and putative father
relating to the same child.
13. The child support recovery unit may enter into a written
agreement with an entity designated by the secretary of the United
States department of health and human services to offer voluntary
paternity establishment services.
a. The agreement shall comply with federal requirements pursuant
to 42 U.S.C. § 666(a)(5)(C) including those regarding notice,
materials, training, and evaluations.
b. The agreement may provide for reimbursement of the entity by
the state if reimbursement is permitted by federal law.
93 Acts, ch 79, §13; 94 Acts, ch 1171, §13; 95 Acts, ch 52, §2; 97
Acts, ch 175, § 2; 98 Acts, ch 1170, §28--31
Referred to in § 144.13, 144.40, 252A.3, 252A.6A, 252C.4,
252K.201, 598.21E, 600B.41A
252A.4 JURISDICTION. Repealed by 97 Acts, ch 175, § 21, 22. See
chapter 252K.
252A.4A CHOICE OF LAW. Repealed by 97 Acts, ch 175, § 21, 22.
See chapter 252K.
252A.5 WHEN PROCEEDING MAY BE MAINTAINED.
Unless prohibited pursuant to 28 U.S.C. § 1738B, a proceeding to
compel support of a dependent may be maintained under this chapter in
any of the following cases:
1. Where the petitioner and the respondent are residents of or
domiciled or found in this state or where this state may exercise
personal jurisdiction over a nonresident respondent under section
252K.201.
2. Whenever the state or a political subdivision thereof
furnishes support to a dependent, it has the same right through
proceedings instituted by the petitioner's representative to invoke
the provisions hereof as the dependent to whom the support was
furnished, for the purpose of securing reimbursement of expenditures
so made and of obtaining continuing support; the petition in such
case may be verified by any official having knowledge of such
expenditures without further verification of any person and consent
of the dependent shall not be required in order to institute
proceedings under this chapter. The child support recovery unit may
bring the action based upon a statement of a witness, regardless of
age, with knowledge of the circumstances, including, but not limited
to, statements by the mother of the dependent or a relative of the
mother or the putative father.
3. If the child support recovery unit is providing services, the
unit has the same right to invoke the provisions of this section as
the dependent for which support is owed for the purpose of securing
support. The petition in such case may be verified by any official
having knowledge of the request for services by the unit, without
further verification by any other person, and consent of the
dependent shall not be required in order to institute proceedings
under this chapter. The child support recovery unit may bring the
action based upon the statement of a witness, regardless of age, with
knowledge of the circumstances, including, but not limited to,
statements by the mother of the dependent or a relative of the mother
or the putative father.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 252A.5]
96 Acts, ch 1141, §18; 97 Acts, ch 175, § 12; 2003 Acts, ch 62, §6
252A.5A LIMITATIONS OF ACTIONS.
1. An action to establish paternity and support under this
chapter may be brought within the time limitations set forth in
section 614.8.
2. Notwithstanding subsection 1, an action to establish paternity
and support under this chapter may be brought concerning a person who
was under age eighteen on August 16, 1984, regardless of whether any
prior action was dismissed because a statute of limitations of less
than eighteen years was then in effect. Such an action may be
brought within the time limitations set forth in section 614.8, or
until July 2, 1992, whichever is later.
90 Acts, ch 1224, §3
252A.6 HOW COMMENCED -- TRIAL.
1. A proceeding under this chapter shall be commenced by filing a
verified petition in the court in equity in the county where the
dependent resides or is domiciled, or if the dependent does not
reside in or is not domiciled in this state, where the petitioner or
respondent resides, or where public assistance has been provided for
the dependent. The petition shall show the name, age, residence, and
circumstances of the dependent, alleging that the dependent is in
need of and is entitled to support from the respondent, giving the
respondent's name, age, residence, and circumstances, and praying
that the respondent be compelled to furnish such support. The
petitioner may include in or attach to the petition any information
which may help in locating or identifying the respondent including,
but without limitation by enumeration, a photograph of the
respondent, a description of any distinguishing marks of the
respondent's person, other names and aliases by which the respondent
has been or is known, the name of the respondent's employer, the
respondent's fingerprints, or social security number.
2. It shall not be necessary for the dependent or the dependent's
witnesses to appear personally at a hearing on the petition, but it
shall be the duty of the petitioner's representative to appear on
behalf of and represent the petitioner at all stages of the
proceeding.
3. If at a hearing on the petition the respondent controverts the
petition and enters a verified denial of any of the material
allegations, the judge presiding at the hearing shall stay the
proceedings. The petitioner shall be given the opportunity to
present further evidence to address issues which the respondent has
controverted.
4. If the respondent appears at the hearing and fails to answer
the petition or admits the allegations of the petition, or if, after
a hearing, the court has found and determined that the prayer of the
petitioner, or any part of the prayer, is supported by the evidence
adduced in the proceeding, and that the dependent is in need of and
entitled to support from a party, the court shall make and enter an
order directing a party to furnish support for the dependent and to
pay a sum as the court determines pursuant to section 598.21A or
598.21B, as applicable. Upon entry of an order for support or upon
failure of a person to make payments pursuant to an order for
support, the court may require a party to provide security, a bond,
or other guarantee which the court determines is satisfactory to
secure the payment of the support. Upon the party's failure to pay
the support under the order, the court may declare the security,
bond, or other guarantee forfeited.
5. The court making such order may require the party to make
payment at specified intervals to the clerk of the district court or
to the collection services center, and to report personally to the
sheriff or any other official, at such times as may be deemed
necessary.
6. A party who willfully fails to comply with or who violates the
terms or conditions of the support order or of the party's probation
shall be punished by the court in the same manner and to the same
extent as is provided by law for a contempt of such court or a
violation of probation ordered by such court in any other suit or
proceeding cognizable by such court.
7. Except as provided in 28 U.S.C. § 1738B, any order of support
issued by a court shall not supersede any previous order of support
issued in a divorce or separate maintenance action, but the amounts
for a particular period paid pursuant to either order shall be
credited against amounts accruing or accrued for the same period
under both. This subsection also applies to orders entered following
an administrative process including, but not limited to, the
administrative processes provided pursuant to chapters 252C and 252F.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 252A.6]
85 Acts, ch 100, § 1; 89 Acts, ch 166, § 3; 93 Acts, ch 79, §35;
96 Acts, ch 1141, § 19, 20; 97 Acts, ch 175, § 13; 2003 Acts, ch 62,
§7; 2005 Acts, ch 69, §4
Referred to in § 252A.6A, 252A.13, 602.8102(47)
252A.6A ADDITIONAL PROVISIONS REGARDING PATERNITY ESTABLISHMENT.
1. When an action is initiated under this chapter to establish
paternity, all of the following shall apply:
a. Except with the consent of all parties, the trial shall not be
held until after the birth of the child and shall be held no earlier
than twenty days from the date the respondent is served with notice
of the action or, if blood or genetic tests are conducted, no earlier
than thirty days from the date the test results are filed with the
clerk of the district court as provided under section 600B.41.
b. If the respondent, after being served with notice as required
under section 252A.6, fails to timely respond to the notice, or to
appear for blood or genetic tests pursuant to a court or
administrative order, or to appear at a scheduled hearing after being
provided notice of the hearing, the court shall find the respondent
in default, and shall enter an order establishing paternity and
establishing the monthly child support payment and the amount of the
support debt accrued and accruing pursuant to section 598.21B, or
medical support pursuant to chapter 252E, or both.
c. Appropriate genetic testing procedures shall be used which
include any genetic test generally acknowledged as reliable by
accreditation bodies designated by the secretary of the United States
department of health and human services and which are performed by a
laboratory approved by such an accreditation body.
d. A copy of a bill for blood or genetic testing, or for the cost
of prenatal care or the birth of the child, shall be admitted as
evidence without requiring third- party foundation testimony and
shall constitute prima facie evidence of amounts incurred for
testing.
2. When an action is initiated to establish child or medical
support based on a prior determination of paternity and the
respondent files an answer to the notice denying paternity, all of
the following shall apply:
a. (1) If the prior determination of paternity is based on an
affidavit of paternity filed pursuant to section 252A.3A, or an
administrative order entered pursuant to chapter 252F, or an order by
the courts of this state, or by operation of law when the mother and
established father are or were married to each other, the provisions
of section 600B.41A are applicable.
(2) If the court determines that the prior determination of
paternity should not be overcome, pursuant to section 600B.41A, and
that the party has a duty to provide support, the court shall enter
an order establishing the monthly child support payment and the
amount of the support debt accrued and accruing pursuant to section
598.21B, or medical support pursuant to chapter 252E, or both.
b. If the prior determination of paternity is based on an
administrative or court order or by any other means, pursuant to the
laws of a foreign jurisdiction, an action to overcome the prior
determination of paternity shall be filed in that jurisdiction.
Unless the party requests and is granted a stay of an action to
establish child or medical support, the action shall proceed as
otherwise provided.
3. If the expert analyzing the blood or genetic test concludes
that the test results demonstrate that the putative father is not
excluded and that the probability of the putative father's paternity
is ninety-nine percent or higher and if the test results have not
been challenged, the court, upon motion by a party, shall enter a
temporary order for child support to be paid pursuant to section
598.21B. The court shall require temporary support to be paid to the
clerk of court or to the collection services center. If the court
subsequently determines the putative father is not the father, the
court shall terminate the temporary support order. All support
obligations which came due prior to the order terminating temporary
support are unaffected by this action and remain a judgment subject
to enforcement.
94 Acts, ch 1171, §14; 95 Acts, ch 67, §18; 97 Acts, ch 175, §
3--5, 14--17; 2005 Acts, ch 69, §5--7
252A.7 PETITIONER'S REPRESENTATIVES TO APPEAR. Repealed by 97
Acts, ch 175, § 21, 22. See § 252A.6.
252A.8 ADDITIONAL REMEDIES.
Unless otherwise provided pursuant to 28 U.S.C. § 1738B, this
chapter shall be construed to furnish an additional or alternative
civil remedy and shall in no way affect or impair any other remedy,
civil or criminal, provided in any other statute and available to the
petitioner in relation to the same subject matter.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 252A.8]
96 Acts, ch 1141, §21
252A.9 CONSTRUCTION. Repealed by 97 Acts, ch 175, § 21, 22.
252A.10 COSTS ADVANCED.
Actual costs incurred in this state incidental to any action
brought under the provisions of this chapter shall be advanced by the
initiating party or agency, as appropriate, unless otherwise ordered
by the court. Where the action is brought by an agency of the state
or county there shall be no filing fee or court costs of any type
either advanced by or charged to the state or county.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, § 252A.10]
97 Acts, ch 175, §6
252A.11 CUSTODY OF RESPONDENT. Repealed by 97 Acts, ch 175, §
21, 22. See § 252K.305.
252A.12 EXCHANGE LISTS OF COURTS. Repealed by 97 Acts, ch 175, §
21, 22. See § 252K.310.
252A.13 RECIPIENTS OF PUBLIC ASSISTANCE -- ASSIGNMENT OF SUPPORT
PAYMENTS.
If public assistance is provided by the department of human
services to or on behalf of a dependent child or a dependent child's
caretaker, there is an assignment by operation of law to the
department of any and all rights in, title to, and interest in any
support obligation, payment, and arrearages owed to or on behalf of
the child or caretaker not to exceed the amount of public assistance
paid for or on behalf of the child or caretaker. The department
shall immediately notify the clerk of court by mail when such child
or caretaker has been determined to be eligible for public
assistance. Upon notification by the department, the clerk of court
shall make a notation of the automatic assignment in the judgment
docket and lien index. The notation constitutes constructive notice
of the assignment. If the applicant for public assistance, for whom
public assistance is approved and provided on or after July 1, 1997,
is a person other than a parent of the child, the department shall
send notice of the assignment by regular mail to the last known
addresses of the obligee and obligor. The clerk of court shall
forward support payments received pursuant to section 252A.6, to
which the department is entitled, to the department, unless the court
has ordered the payments made directly to the department under that
section. The department may secure support payments in default
through other proceedings. The clerk shall furnish the department
with copies of all orders or decrees awarding and temporary domestic
abuse orders addressing support when the parties are receiving public
assistance or services are otherwise provided by the child support
recovery unit. Unless otherwise specified in the order, an equal and
proportionate share of any child support awarded is presumed to be
payable on behalf of each child, subject to the order or judgment,
for purposes of an assignment under this section.
[C77, 79, 81, § 252A.13; 82 Acts, ch 1237, § 2]
83 Acts, ch 96, § 157, 159; 97 Acts, ch 175, § 7
Referred to in § 602.8102(47)
252A.14 AND 252A.15 Reserved.
252A.16 ADDITIONAL REMEDIES FOR FOREIGN SUPPORT ORDERS. Repealed
by 97 Acts, ch 175, § 21, 22. See chapter 252K.
252A.17 REGISTRY OF FOREIGN SUPPORT ORDERS.
The petitioner may register a foreign support order in a court of
this state in the manner and with the effect provided in chapter
252K. The clerk of the court shall maintain a registry of foreign
support orders in which foreign support orders shall be filed. The
filing is in equity.
[82 Acts, ch 1004, § 3]
97 Acts, ch 175, § 18
252A.18 REGISTRATION OF FOREIGN SUPPORT ORDER -- NOTICE.
Registration of a foreign support order shall be in accordance
with chapter 252K except that, with regard to service, promptly upon
registration, the clerk of the court shall send a notice, by
restricted certified mail to the respondent, of the registration with
a copy of the registered support order or the respondent may be
personally served with the notice and the copy of the order in the
same manner as original notices are personally served. The clerk
shall also docket the case and notify the prosecuting attorney of the
action.
[82 Acts, ch 1004, § 4]
93 Acts, ch 78, §2; 97 Acts, ch 175, § 19
Referred to in § 600B.41A
252A.19 ENFORCEMENT PROCEDURE FOR REGISTERED FOREIGN SUPPORT
ORDERS. Repealed by 97 Acts, ch 175, § 21, 22. See chapter 252K.
252A.20 LIMITATION ON ACTIONS.
Issues related to visitation, custody, or other provisions not
related to the support provisions of a support order shall not be
grounds for a hearing, modification, adjustment, or other action
under this chapter.
93 Acts, ch 78, §5; 96 Acts, ch 1141, § 23; 97 Acts, ch 175, § 20
252A.21 THROUGH 252A.23 Reserved.
252A.24 INTERSTATE RENDITION. Repealed by 97 Acts, ch 175, § 21,
22. See § 252K.801.
252A.25 CONDITIONS OF INTERSTATE RENDITION. Repealed by 97 Acts,
ch 175, § 21, 22. See § 252K.802.