CHAPTER 252B CHILD SUPPORT RECOVERY
252B.1 DEFINITIONS.
As used in this chapter, unless the context otherwise requires:
1. "Absent parent" means the parent who either cannot be located
or who is located and is not residing with the child at the time the
support collection or paternity determination services provided in
sections 252B.5 and 252B.6 are requested or commenced.
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. "Child" includes
"child" as defined in section 239B.1.
3. "Child support agency" means child support agency as defined
in section 252H.2.
4. "Department" means the department of human services.
5. "Director" means the director of human services.
6. "Obligor" means the person legally responsible for the support
of a child as defined in section 252D.16 or 598.1 under a support
order issued in this state or a foreign jurisdiction.
7. "Resident parent" means the parent with whom the child is
residing at the time the support collection or paternity
determination services provided in sections 252B.5 and 252B.6 are
requested or commenced.
8. "Unit" means the child support recovery unit created in
section 252B.2.
[C77, 79, 81, § 252B.1]
83 Acts, ch 96, § 157, 159; 91 Acts, ch 97, § 33; 92 Acts, ch
1195, § 502; 93 Acts, ch 79, §25; 97 Acts, ch 41, § 32; 97 Acts, ch
175, § 23, 24; 98 Acts, ch 1100, §31
Referred to in § 252H.2
252B.2 UNIT ESTABLISHED -- INTERVENTION.
There is created within the department of human services a child
support recovery unit for the purpose of providing the services
required in sections 252B.3 to 252B.6. The unit is not required to
intervene in actions to provide such services.
[C77, 79, 81, § 252B.2]
83 Acts, ch 96, § 157, 159; 97 Acts, ch 175, § 25
Referred to in § 96.3, 252A.3A, 252B.1, 252D.1, 252F.1, 252G.1,
252H.2, 252I.1, 252J.1, 600B.41A
252B.3 DUTY OF DEPARTMENT TO ENFORCE CHILD SUPPORT -- COOPERATION
-- RULES.
1. Upon receipt by the department of an application for public
assistance on behalf of a child and determination by the department
that the child is eligible for public assistance and that provision
of child support services is appropriate, the department shall take
appropriate action under the provisions of this chapter or under
other appropriate statutes of this state including but not limited to
chapters 239B, 252A, 252C, 252D, 252E, 252F, 252G, 252H, 252I, 252J,
598, and 600B, to ensure that the parent or other person responsible
for the support of the child fulfills the support obligation. The
department shall also take appropriate action as required by federal
law upon receiving a request from a child support agency for a child
receiving public assistance in another state.
2. The department of human services may negotiate a partial
payment of a support obligation with a parent or other person
responsible for the support of the child, provided that the
negotiation and partial payment are consistent with applicable
federal law and regulation.
3. The department shall adopt rules pursuant to chapter 17A
regarding cases in which, under federal law, it is a condition of
eligibility for an individual who is an applicant for or recipient of
public assistance to cooperate in good faith with the department in
establishing the paternity of, or in establishing, modifying, or
enforcing a support order by identifying and locating the parent of
the child or enforcing rights to support payments. The rules shall
include all of the following provisions:
a. As required by the unit, the individual shall provide the name
of the noncustodial parent and additional necessary information, and
shall appear at interviews, hearings, and legal proceedings.
b. If paternity is an issue, the individual and child shall
submit to blood or genetic tests pursuant to a judicial or
administrative order.
c. The individual may be requested to sign a voluntary affidavit
of paternity, after notice of the rights and consequences of such an
acknowledgment, but shall not be required to sign an affidavit or
otherwise relinquish the right to blood or genetic tests.
d. The unit shall promptly notify the individual and the
appropriate division of the department administering the public
assistance program of each determination by the unit of
noncooperation of the individual and the reason for such
determination.
e. A procedure under which the individual may claim that, and the
department shall determine whether, the individual has sufficient
good cause or other exception for not cooperating, taking into
consideration the best interest of the child.
4. Without need for a court order and notwithstanding the
requirements of section 598.22A, the support payment ordered pursuant
to any chapter shall be satisfied as to the department, the child,
and either parent for the period during which the parents are
reconciled and are cohabiting, the child for whom support is ordered
is living in the same residence as the parents, and the obligor
receives public assistance on the obligor's own behalf for the
benefit of the child. The department shall implement this subsection
as follows:
a. The unit shall file a notice of satisfaction with the clerk of
court.
b. This subsection shall not apply unless all the children for
whom support is ordered reside with both parents, except that a child
may be absent from the home due to a foster care placement pursuant
to chapter 234 or a comparable law of a foreign jurisdiction.
c. The unit shall send notice by regular mail to the obligor when
the provisions of this subsection no longer apply. A copy of the
notice shall be filed with the clerk of court.
d. This section shall not limit the rights of the parents or the
department to proceed by other means to suspend, terminate, modify,
reinstate, or establish support.
5. On or after July 1, 1999, the department shall implement a
program for the satisfaction of accrued support debts, based upon
timely payment by the obligor of both current support due and any
payments due for accrued support debt under a periodic payment plan.
The unit shall adopt rules pursuant to chapter 17A to establish the
criteria and procedures for obtaining satisfaction under the program.
The rules adopted under this subsection shall specify the cases and
amounts to which the program is applicable, and may provide for the
establishment of the program as a pilot program.
[C77, 79, 81, § 252B.3; 82 Acts, ch 1237, § 3]
83 Acts, ch 96, § 157, 159; 93 Acts, ch 79, §36; 97 Acts, ch 41, §
32; 97 Acts, ch 175, § 26; 98 Acts, ch 1170, §41
Referred to in § 252B.2, 252B.6A, 252B.9, 598.22A
252B.4 NONASSISTANCE CASES.
The child support and paternity determination services established
by the department pursuant to this chapter and other appropriate
services provided by law including but not limited to the provisions
of chapters 239B, 252A, 252C, 252D, 252E, 252F, 598, and 600B shall
be made available by the unit to an individual not otherwise eligible
as a public assistance recipient upon application by the individual
for the services or upon referral as described in subsection 5. The
application shall be filed with the department.
1. The director shall require an application fee of twenty-five
dollars.
2. The director may collect a fee to cover the costs incurred by
the department for service of process, genetic testing and court
costs if the entity providing the service charges a fee for the
services.
3. Fees collected pursuant to this section shall be considered
repayment receipts, as defined in section 8.2, and shall be used for
the purposes of the unit. The director or a designee shall keep an
accurate record of the fees collected and expended.
4. An application fee paid by a recipient of services pursuant to
subsection 1 may be recovered by the unit from the person responsible
for payment of support and if recovered, shall be used to reimburse
the recipient of services.
a. The fee shall be an automatic judgment against the person
responsible to pay support.
b. This subsection shall serve as constructive notice that the
fee is a debt due and owing, is an automatic judgment against the
person responsible for support, and is assessed as the fee is paid by
a recipient of services. The fee may be collected in addition to any
support payments or support judgment ordered, and no further notice
or hearing is required prior to collecting the fee.
c. Notwithstanding any provision to the contrary, the unit may
collect the fee through any legal means by which support payments may
be collected, including but not limited to income withholding under
chapter 252D or income tax refund offsets, unless prohibited under
federal law.
d. The unit is not required to file these judgments with the
clerk of the district court, but shall maintain an accurate
accounting of the fee assessed, the amount of the fee, and the
recovery of the fee.
e. Support payments collected shall not be applied to the
recovery of the fee until all other support obligations under the
support order being enforced, which have accrued through the end of
the current calendar month, have been paid or satisfied in full.
f. This subsection applies to fees that become due on or after
July 1, 1992.
5. The unit shall also provide child support and paternity
determination services and shall respond as provided in federal law
for an individual not otherwise eligible as a public assistance
recipient if the unit receives a request from any of the following:
a. A child support agency.
b. A foreign reciprocating country or foreign country with which
the state has an arrangement as provided in 42 U.S.C. § 659A.
[C77, 79, 81, § 252B.4]
83 Acts, ch 153, § 16; 92 Acts, ch 1195, § 101, 102; 93 Acts, ch
78, §6, 7; 93 Acts, ch 79, §37; 96 Acts, ch 1213, § 39; 97 Acts, ch
41, § 32; 97 Acts, ch 175, § 27--29; 2002 Acts, 2nd Ex, ch 1003,
§143, 151; 2005 Acts, ch 175, §118
Referred to in § 252B.2, 252H.5
252B.5 SERVICES OF UNIT.
The child support recovery unit shall provide the following
services:
1. Assistance in the location of an absent parent or any other
person who has an obligation to support the child of the resident
parent.
2. Aid in establishing paternity and securing a court or
administrative order for support pursuant to chapter 252A, 252C,
252F, or 600B, or any other chapter providing for the establishment
of paternity or support.
3. Aid in enforcing through court or administrative proceedings
an existing court order for support issued pursuant to chapter 252A,
252C, 252F, 598, or 600B, or any other chapter under which child or
medical support is granted. The director may enter into a contract
with a private collection agency to collect support payments for
cases which have been identified by the department as difficult
collection cases if the department determines that this form of
collection is more cost-effective than departmental collection
methods. The department shall utilize, to the maximum extent
possible, every available automated process to collect support
payments prior to referral of a case to a private collection agency.
A private collection agency with whom the department enters a
contract under this subsection shall comply with state and federal
confidentiality requirements and debt collection laws. The director
may use a portion of the state share of funds collected through this
means to pay the costs of any contract authorized under this
subsection.
4. Assistance to set off against a debtor's income tax refund or
rebate any support debt, which is assigned to the department of human
services or which the child support recovery unit is attempting to
collect on behalf of any individual not eligible as a public
assistance recipient, which has accrued through written contract,
subrogation, or court judgment, and which is in the form of a
liquidated sum due and owing for the care, support, or maintenance of
a child. Unless the periodic payment plan provisions for a
retroactive modification pursuant to section 598.21C apply, the
entire amount of a judgment for accrued support, notwithstanding
compliance with a periodic payment plan or regardless of the date of
entry of the judgment, is due and owing as of the date of entry of
the judgment and is delinquent for the purposes of setoff, including
for setoff against a debtor's federal income tax refund or other
federal nontax payment. The department of human services shall adopt
rules pursuant to chapter 17A necessary to assist the department of
administrative services in the implementation of the child support
setoff as established under section 8A.504.
5. Determine periodically whether an individual receiving
unemployment compensation benefits under chapter 96 owes a support
obligation which is being enforced by the unit, and enforce the
support obligation through court or administrative proceedings to
have specified amounts withheld from the individual's unemployment
compensation benefits.
6. Assistance in obtaining medical support as defined in chapter
252E.
7. At the request of either parent who is subject to the order of
support or upon its own initiation, review the amount of the support
award in accordance with the guidelines established pursuant to
section 598.21B, and Title IV-D of the federal Social Security Act,
as amended, and take action to initiate modification proceedings if
the criteria established pursuant to this section are met. However,
a review of a support award is not required if the child support
recovery unit determines that such a review would not be in the best
interest of the child and neither parent has requested such review.
The department shall adopt rules no later than October 13, 1990,
setting forth the process for review of requests for modification of
support obligations and the criteria and process for taking action to
initiate modification proceedings.
8. a. Assistance, in consultation with the department of
administrative services, in identifying and taking action against
self-employed individuals as identified by the following conditions:
(1) The individual owes support pursuant to a court or
administrative order being enforced by the unit and is delinquent in
an amount equal to or greater than the support obligation amount
assessed for one month.
(2) The individual has filed a state income tax return in the
preceding twelve months.
(3) The individual has no reported tax withholding amount on the
most recent state income tax return.
(4) The individual has failed to enter into or comply with a
formalized repayment plan with the unit.
(5) The individual has failed to make either all current support
payments in accordance with the court or administrative order or to
make payments against any delinquency in each of the preceding twelve
months.
b. Notwithstanding section 252B.9, the unit may forward
information to the department of administrative services as necessary
to implement this subsection, including but not limited to both of
the following:
(1) The name and social security number of the individual.
(2) Support obligation information in the specific case,
including the amount of the delinquency.
9. The review and adjustment, modification, or alteration of a
support order pursuant to chapter 252H upon adoption of rules
pursuant to chapter 17A and periodic notification, at a minimum of
once every three years, to parents subject to a support order of
their rights to these services.
10. The unit shall not establish orders for spousal support. The
unit shall enforce orders for spousal support only if the spouse is
the custodial parent of a child for whom the unit is also enforcing a
child support or medical support order.
11. a. Comply with federal procedures to periodically certify to
the secretary of the United States department of health and human
services, a list of the names of obligors determined by the unit to
owe delinquent support, under a support order as defined in section
252J.1, in excess of five thousand dollars. The certification of the
delinquent amount owed may be based upon one or more support orders
being enforced by the unit if the delinquent support owed exceeds
five thousand dollars. The certification shall include any amounts
which are delinquent pursuant to the periodic payment plan when a
modified order has been retroactively applied. The certification
shall be in a format and shall include any supporting documentation
required by the secretary.
b. All of the following shall apply to an action initiated by the
unit under this subsection:
(1) The obligor shall be sent a notice by regular mail in
accordance with federal law and regulations and the notice shall
remain in effect until support delinquencies have been paid in full.
The notice shall include all of the following:
(a) A statement regarding the amount of delinquent support owed
by the obligor.
(b) A statement providing information that if the delinquency is
in excess of five thousand dollars, the United States secretary of
state may apply a passport sanction by revoking, restricting,
limiting, or refusing to issue a passport as provided in 42 U.S.C. §
652(k).
(c) Information regarding the procedures for challenging the
certification by the unit.
(2) (a) A challenge shall be based upon mistake of fact. For the
purposes of this subsection, "mistake of fact" means a mistake in the
identity of the obligor or a mistake in the amount of the delinquent
child support owed if the amount did not exceed five thousand dollars
on the date of the unit's decision on the challenge.
If the obligor chooses to challenge the certification, the obligor
shall notify the unit within the time period specified in the notice
to the obligor. The obligor shall include any relevant information
with the challenge.
(b) Upon timely receipt of the challenge, the unit shall review
the certification for a mistake of fact, or refer the challenge for
review to the child support agency in the state chosen by the obligor
as provided by federal law.
(c) Following the unit's review of the certification, the unit
shall send a written decision to the obligor within ten days of
timely receipt of the challenge.
(i) If the unit determines that a mistake of fact exists, the
unit shall send notification in accordance with federal procedures
withdrawing the certification for passport sanction.
(ii) If the unit determines that a mistake of fact does not
exist, the obligor may contest the determination within ten days
following the issuance of the decision by submitting a written
request for a contested case proceeding pursuant to chapter 17A.
(3) Following issuance of a final decision under chapter 17A that
no mistake of fact exists, the obligor may request a hearing before
the district court pursuant to chapter 17A. The department shall
transmit a copy of its record to the district court pursuant to
chapter 17A. The scope of the review by the district court shall be
limited to demonstration of a mistake of fact. Issues related to
visitation, custody, or other provisions not related to the support
provisions of a support order are not grounds for a hearing under
this subsection.
c. Following certification to the secretary, if the unit
determines that an obligor no longer owes delinquent support in
excess of five thousand dollars, the unit shall provide information
and notice as the secretary requires to withdraw the certification
for passport sanction.
[C77, 79, 81, § 252B.5; 82 Acts, ch 1260, § 123]
83 Acts, ch 96, § 157, 159; 90 Acts, ch 1224, § 4, 5; 92 Acts, ch
1195, § 503; 93 Acts, ch 78, §8; 93 Acts, ch 79, § 33, 38; 94 Acts,
ch 1171, §15; 97 Acts, ch 41, § 32; 97 Acts, ch 175, § 30--33; 98
Acts, ch 1170, §34; 2001 Acts, ch 79, §2, 4; 2003 Acts, ch 145, §219,
220; 2005 Acts, ch 69, §8, 9
Referred to in § 252B.1, 252B.2, 252B.6, 252B.9, 252B.23, 421.17
252B.6 ADDITIONAL SERVICES IN ASSISTANCE CASES.
In addition to the services enumerated in section 252B.5, the unit
may provide the following services in the case of a dependent child
for whom public assistance is being provided:
1. Represent the state in obtaining a support order necessary to
meet the child's needs or in enforcing a similar order previously
entered.
2. Represent the state's interest in obtaining support for a
child in dissolution of marriage and separate maintenance
proceedings, or proceedings supplemental to these proceedings or any
other support proceedings, when either or both of the parties to the
proceedings are receiving public assistance, for the purpose of
advising the court of the financial interest of the state in the
proceeding.
3. Appear on behalf of the state for the purpose of facilitating
the modification of support awards consistent with guidelines
established pursuant to section 598.21B, and Title IV-D of the
federal Social Security Act. The unit shall not otherwise
participate in the proceeding.
4. Apply to the district court or initiate an administrative
action, as necessary, to obtain, enforce, or modify support.
5. Initiate necessary civil proceedings to recover from the
parent of a child, money expended by the state in providing public
assistance or services to the child, including support collection
services.
[C77, 79, 81, § 252B.6]
83 Acts, ch 153, § 17; 90 Acts, ch 1224, § 6, 7; 97 Acts, ch 175,
§ 34, 46; 2005 Acts, ch 69, §10
Referred to in § 252B.1, 252B.2
252B.6A EXTERNAL SERVICES.
1. Provided that the action is consistent with applicable federal
law and regulation, an attorney licensed in this state shall receive
compensation as provided in this section for support collected as the
direct result of a judicial proceeding maintained by the attorney, if
all of the following apply to the case:
a. The unit is providing services under this chapter.
b. The current support obligation is terminated and only
arrearages are due under an administrative or court order and there
has been no payment under the order for at least the twelve-month
period prior to the provision of notice to the unit by the attorney
under this section.
c. Support is assigned to the state based upon cash assistance
paid under chapter 239B, or its successor.
d. The attorney has provided written notice to the central office
of the unit and to the obligee at the last known address of the
obligee of the intent to initiate a specified judicial proceeding, at
least thirty days prior to initiating the proceeding.
e. The attorney has provided documentation to the unit that the
attorney is insured against loss caused by the attorney's legal
malpractice or acts or omissions of the attorney which result in loss
to the state or other person.
f. The collection is received by the collection services center
within ninety days of provision of the notice to the unit. An
attorney may provide subsequent notices to the unit to extend the
time for receipt of the collection by subsequent ninety-day periods.
2. a. If, prior to February 15, 1998, notice is provided pursuant
to subsection 1 to initiate a specific judicial proceeding, this
section shall not apply to the proceeding unless the unit consents to
the proceeding.
b. (1) If, on or after February 15, 1998, notice is provided
pursuant to subsection 1 to initiate a specific judicial proceeding,
this section shall apply to the proceeding only if the case is exempt
from application of rules adopted by the department pursuant to
subparagraph (2) which limit application of this section.
(2) The department shall adopt rules which include, but are not
limited to, exemption from application of this section to proceedings
based upon, but not limited to, any of the following:
(a) A finding of good cause pursuant to section 252B.3.
(b) The existence of a support obligation due another state based
upon public assistance provided by that state.
(c) The maintaining of another proceeding by an attorney under
this section for which the unit has not received notice that the
proceeding has concluded or the ninety-day period during which a
collection may be received pertaining to the same case has not yet
expired.
(d) The initiation of a seek employment action under section
252B.21, and the notice from the attorney indicates that the attorney
intends to pursue a contempt action.
(e) Any other basis for exemption of a specified proceeding
designated by rule which relates to collection and enforcement
actions provided by the unit.
3. The unit shall issue a response to the attorney providing
notice within ten days of receipt of the notice. The response shall
advise the attorney whether the case to which the specified judicial
proceeding applies meets the requirements of this section.
4. For the purposes of this section, a "judicial proceeding"
means an action to enforce support filed with a court of competent
jurisdiction in which the court issues an order which identifies the
amount of the support collection which is a direct result of the
court proceeding. "Judicial proceedings" include but are not limited
to those pursuant to chapters 598, 626, 633, 642, 654, or 684 and
also include contempt proceedings if the collection payment is
identified in the court order as the result of such a proceeding.
"Judicial proceedings" do not include enforcement actions which the
unit is required to implement under federal law including, but not
limited to, income withholding.
5. All of the following are applicable to a collection which is
the result of a judicial proceeding which meets the requirements of
this section:
a. All payments made as the result of a judicial proceeding under
this section shall be made to the clerk of the district court or to
the collection services center and shall not be made to the attorney.
Payments received by the clerk of the district court shall be
forwarded to the collection services center as provided in section
252B.15.
b. The attorney shall be entitled to receive an amount which is
equal to twenty-five percent of the support collected as the result
of the specified judicial proceeding not to exceed the amount of the
nonfederal share of assigned support collected as the result of that
proceeding. The amount paid under this paragraph is the full amount
of compensation due the attorney for a proceeding under this section
and is in lieu of any attorney fees. The court shall not order the
obligor to pay additional attorney fees. The amount of compensation
calculated by the unit is subject, upon application of the attorney,
to judicial review.
c. Any support collected shall be disbursed in accordance with
federal requirements and any support due the obligee shall be
disbursed to the obligee prior to disbursement to the attorney as
compensation.
d. The collection services center shall disburse compensation due
the attorney only from the nonfederal share of assigned collections.
The collection services center shall not disburse any compensation
for court costs.
e. The unit may delay disbursement to the attorney pending the
resolution of any timely appeal by the obligor or obligee.
f. Negotiation of a partial payment or settlement for support
shall not be made without the approval of the unit and the obligee,
as applicable.
6. The attorney initiating a judicial proceeding under this
section shall notify the unit when the judicial proceeding is
completed.
7. a. An attorney who initiates a judicial proceeding under this
section represents the state for the sole and limited purpose of
collecting support to the extent provided in this section.
b. The attorney is not an employee of the state and has no right
to any benefit or compensation other than as specified in this
section.
c. The state is not liable or subject to suit for any acts or
omissions resulting in any damages as a consequence of the attorney's
acts or omissions under this section.
d. The attorney shall hold the state harmless from any act or
omissions of the attorney which may result in any penalties or
sanctions, including those imposed under federal bankruptcy laws, and
the state may recover any penalty or sanction imposed by offsetting
any compensation due the attorney under this section for collections
received as a result of any judicial proceeding initiated under this
section.
e. The attorney initiating a proceeding under this section does
not represent the obligor.
8. The unit shall comply with all state and federal laws
regarding confidentiality. The unit may release to an attorney who
has provided notice under this section, information regarding child
support balances due, to the extent provided under such laws.
9. This section shall not be interpreted to prohibit the unit
from providing services or taking other actions to enforce support as
provided under this chapter.
97 Acts, ch 41, § 32; 97 Acts, ch 175, §35
252B.7 LEGAL SERVICES.
1. The attorney general may perform the legal services for the
child support recovery program and may enforce all laws for the
recovery of child support from responsible relatives. The attorney
general may file and prosecute:
a. Contempt of court proceedings to enforce any order of court
pertaining to child support.
b. Cases under chapter 252A, the Support of Dependents Law.
c. An information charging a violation of section 726.3, 726.5 or
726.6.
d. Any other lawful action which will secure collection of
support for minor children.
2. For the purposes of subsection 1, the attorney general has the
same power to commence, file and prosecute any action or information
in the proper jurisdiction, which the county attorney could file or
prosecute in that jurisdiction. This section does not relieve a
county attorney from the county attorney's duties, or the attorney
general from the supervisory power of the attorney general, in the
recovery of child support.
3. The unit may contract with a county attorney, the attorney
general, a clerk of the district court, or another person or agency
to collect support obligations and to administer the child support
program established pursuant to this chapter. Notwithstanding
section 13.7, the unit may contract with private attorneys for the
prosecution of civil collection and recovery cases and may pay
reasonable compensation and expenses to private attorneys for the
prosecution services provided.
4. An attorney employed by or under contract with the child
support recovery unit represents and acts exclusively on behalf of
the state when providing child support enforcement services. An
attorney-client relationship does not exist between the attorney and
an individual party, witness, or person other than the state,
regardless of the name in which the action is brought.
[C77, 79, 81, § 252B.7]
83 Acts, ch 153, § 18; 90 Acts, ch 1224, § 8; 97 Acts, ch 175, §
36, 47
Referred to in § 252H.4, 600B.41A
252B.7A DETERMINING PARENT'S INCOME.
1. The unit shall use any of the following in determining the
amount of the net monthly income of a parent for purposes of
establishing or modifying a support obligation:
a. Income as identified in a signed statement of the parent
pursuant to section 252B.9, subsection 1, paragraph "b". If evidence
suggests that the statement is incomplete or inaccurate, the unit may
present the evidence to the court in a judicial proceeding or to the
administrator in a proceeding under chapter 252C or a comparable
chapter, and the court or administrator shall weigh the evidence in
setting the support obligation. Evidence includes but is not limited
to income as established under paragraph "c".
b. If a sworn statement is not provided by the parent, the unit
may determine income as established under paragraph "c" or "d".
c. Income established by any of the following:
(1) Income verified by an employer or payor of income.
(2) Income reported to the department of workforce development.
(3) For a public assistance recipient, income as reported to the
department case worker assigned to the public assistance case.
(4) Other written documentation which identifies income.
d. By July 1, 1999, the department shall adopt rules for imputing
income, whenever possible, based on the earning capacity of a parent
who does not provide income information or for whom income
information is not available. Until such time as the department
adopts rules establishing a different standard for determining the
income of a parent who does not provide income information or for
whom income information is not available, the estimated state median
income for a one- person family as published annually in the Federal
Register for use by the federal office of community services, office
of energy assistance, for the subsequent federal fiscal year.
(1) This provision is effective beginning July 1, 1992, based
upon the information published in the Federal Register dated March 8,
1991.
(2) The unit may revise the estimated income each October 1. If
the estimate is not available or has not been published, the unit may
revise the estimate when it becomes available.
e. When the income information obtained pursuant to this
subsection does not include the information necessary to determine
the net monthly income of the parent, the unit may deduct twenty
percent from the parent's gross monthly income to arrive at the net
monthly income figure.
2. The amount of the income determined may be challenged any time
prior to the entry of a new or modified order for support.
3. If the child support recovery unit is providing services
pursuant to this chapter, the court shall use the income figure
determined pursuant to this section when applying the guidelines to
determine the amount of support.
4. The department may develop rules as necessary to further
implement disclosure of financial information of the parties.
92 Acts, ch 1195, § 201; 96 Acts, ch 1186, § 23; 97 Acts, ch 175,
§ 37; 98 Acts, ch 1170, §43
Referred to in § 252C.3, 252F.3, 252F.4, 252H.6, 252H.9
252B.7B INFORMATIONAL MATERIALS PROVIDED BY THE UNIT.
1. The unit shall prepare and make available to the public,
informational materials which explain the unit's procedures
including, but not limited to, procedures with regard to all of the
following:
a. Accepting applications for services.
b. Locating individuals.
c. Establishing paternity.
d. Establishing support.
e. Enforcing support.
f. Modifying, suspending, or reinstating support.
g. Terminating services.
2. The informational materials shall include general information
about and descriptions of the processes involved relating to the
services provided by the unit including application for services,
fees for services, the responsibilities of the recipient of services,
resolution of disagreements with the unit, rights to challenge the
actions of the unit, and obtaining additional information.
97 Acts, ch 175, §38
252B.8 CENTRAL INFORMATION CENTER.
The department shall establish within the unit an information and
administration co-ordinating center which shall serve as a registry
for the receipt of information and for answering interstate inquiries
concerning absent parents and shall co-ordinate and supervise unit
activities. The information and administration co-ordinating center
shall promote co-operation between the unit and law enforcement
agencies to facilitate the effective operation of the unit.
[C77, 79, 81, § 252B.8]
252B.9 INFORMATION AND ASSISTANCE FROM OTHERS -- AVAILABILITY OF
RECORDS.
1. a. The director may request from state, county, and local
agencies information and assistance deemed necessary to carry out the
provisions of this chapter. State, county, and local agencies,
officers, and employees shall cooperate with the unit and shall on
request supply the department with available information relative to
the absent parent, the custodial parent, and any other necessary
party, notwithstanding any provisions of law making this information
confidential. The cooperation and information required by this
subsection shall also be provided when it is requested by a child
support agency. Information required by this subsection includes,
but is not limited to, information relative to location, income,
property holdings, records of licenses as defined in section 252J.1,
and records concerning the ownership and control of corporations,
partnerships, and other business entities. If the information is
maintained in an automated database, the unit shall be provided
automated access.
b. Parents of a child on whose behalf support enforcement
services are provided shall provide information regarding income,
resources, financial circumstances, and property holdings to the
department for the purpose of establishment, modification, or
enforcement of a support obligation. The department may provide the
information to parents of a child as needed to implement the
requirements of section 598.21B, notwithstanding any provisions of
law making this information confidential.
c. Notwithstanding any provisions of law making this information
confidential, all persons, including for-profit, nonprofit, and
governmental employers, shall, on request, promptly supply the unit
or a child support agency information on the employment,
compensation, and benefits of any individual employed by such person
as an employee or contractor with relation to whom the unit or a
child support agency is providing services.
d. Notwithstanding any provisions of law making this information
confidential, the unit may subpoena or a child support agency may use
the administrative subpoena form promulgated by the secretary of the
United States department of health and human services under 42 U.S.C.
§ 652(a)(11)(C), to obtain any of the following:
(1) Books, papers, records, or information regarding any
financial or other information relating to a paternity or support
proceeding.
(2) Certain records held by public utilities, cable or other
television companies, cellular telephone companies, and internet
service providers with respect to individuals who owe or are owed
support, or against or with respect to whom a support obligation is
sought, consisting of the names and addresses of such individuals and
the names and addresses of the employers of such individuals, as
appearing in customer records. If the records are maintained in
automated databases, the unit shall be provided with automated
access.
e. The unit or a child support agency may subpoena information
for one or more individuals.
f. If the unit or a child support agency issues a request under
paragraph "c", or a subpoena under paragraph "d", all of the
following shall apply:
(1) The unit or child support agency may issue a request or
subpoena to a person by sending it by regular mail. Proof of service
may be completed according to rule of civil procedure 1.442.
(2) A person who is not a parent or putative father in a
paternity or support proceeding, who is issued a request or subpoena,
shall be provided an opportunity to refuse to comply for good cause
by filing a request for a conference with the unit or child support
agency in the manner and within the time specified in rules adopted
pursuant to subparagraph (7).
(3) Good cause shall be limited to mistake in the identity of the
person, or prohibition under federal law to release such information.
(4) After the conference the unit shall issue a notice finding
that the person has good cause for refusing to comply, or a notice
finding that the person does not have good cause for failing to
comply. If the person refuses to comply after issuance of notice
finding lack of good cause, or refuses to comply and does not request
a conference, the person is subject to a penalty of one hundred
dollars per refusal.
(5) If the person fails to comply with the request or subpoena,
fails to request a conference, and fails to pay a fine imposed under
subparagraph (4), the unit may petition the district court to compel
the person to comply with this paragraph. If the person objects to
imposition of the fine, the person may seek judicial review by the
district court.
(6) If a parent or putative father fails to comply with a
subpoena or request for information, the provisions of chapter 252J
shall apply.
(7) The unit may adopt rules pursuant to chapter 17A to implement
this section.
g. Notwithstanding any provisions of law making this information
confidential, the unit or a child support agency shall have access to
records and information held by financial institutions with respect
to individuals who owe or are owed support, or with respect to whom a
support obligation is sought including information on assets and
liabilities. If the records are maintained in automated databases,
the unit shall be provided with automated access. For the purposes
of this section, "financial institution" means financial institution
as defined in section 252I.1.
h. Notwithstanding any law to the contrary, the unit and a child
support agency shall have access to any data maintained by the state
of Iowa which contains information that would aid the agency in
locating individuals. Such information shall include, but is not
limited to, driver's license, motor vehicle, and criminal justice
information. However, the information does not include criminal
investigative reports or intelligence files maintained by law
enforcement. The unit and child support agency shall use or disclose
the information obtained pursuant to this paragraph only in
accordance with subsection 3. Criminal history records maintained by
the department of public safety shall be disclosed in accordance with
chapter 692. The unit shall also have access to the protective order
file maintained by the department of public safety.
i. Liability shall not arise under this subsection with respect
to any disclosure by a person as required by this subsection, and no
advance notice from the unit or a child support agency is required
prior to requesting information or assistance or issuing a subpoena
under this subsection.
j. Notwithstanding any provision of law making this information
confidential, data provided to the department by an insurance carrier
under section 505.25 shall also be provided to the unit. Provision
of data to the unit under this paragraph shall not require an
agreement or modification of an agreement between the department and
an insurance carrier, but the provisions of this section applicable
to information received by the unit shall apply to the data received
pursuant to section 505.25 in lieu of any confidentiality, privacy,
disclosure, use, or other provisions of an agreement between the
department and an insurance carrier.
2. Notwithstanding other statutory provisions to the contrary,
including but not limited to chapters 22 and 217, as the chapters
relate to confidentiality of records maintained by the department,
the payment records of the collection services center maintained
under section 252B.13A are public records only as follows:
a. Payment records of the collection services center which are
maintained pursuant to chapter 598 are public records and may be
released upon request. Payment records of the clerk of the district
court, to which the department has access to meet the requirements of
a state disbursement unit, are also public records and may be
released upon request. A payment record shall not include address or
location information.
b. Except as otherwise provided in subsection 1, the department
shall not release details related to payment records or provide
alternative formats for release of the information, with the
following additional exceptions:
(1) The unit or collection services center may provide additional
detail or present the information in an alternative format to an
individual or to the individual's legal representative if the
individual owes or is owed a support obligation, to an agency
assigned the obligation as the result of receipt by a party of public
assistance, to an agency charged with enforcing child support
pursuant to Title IV-D of the federal Social Security Act, or to the
court.
(2) For support orders entered in Iowa which are being enforced
by the unit, the unit may compile and make available for publication
a listing of cases in which no payment has been credited to an
accrued or accruing support obligation during a previous three-month
period. Each case on the list shall be identified only by the name
of the support obligor, the address, if known, of the support
obligor, unless the information pertaining to the address of the
support obligor is protected through confidentiality requirements
established by law and has not otherwise been verified with the unit,
the support obligor's court order docket or case number, the county
in which the obligor's support order is filed, the collection
services center case numbers, and the range within which the balance
of the support obligor's delinquency is established. The department
shall determine dates for the release of information, the specific
format of the information released, and the three-month period used
as a basis for identifying cases. The department may not release the
information more than twice annually. In compiling the listing of
cases, no prior public notice to the obligor is required, but the
unit may send notice annually by mail to the current known address of
any individual owing a support obligation which is being enforced by
the unit. The notice shall inform the individual of the provisions
of this subparagraph. Actions taken pursuant to this subparagraph
are not subject to review under chapter 17A, and the lack of receipt
of a notice does not prevent the unit from proceeding in implementing
this subparagraph.
(3) The provisions of subparagraph (2) may be applied to support
obligations entered in another state, at the request of a child
support agency if the child support agency has demonstrated that the
provisions of subparagraph (2) are not in conflict with the laws of
the state where the support obligation is entered and the unit is
enforcing the support obligation.
(4) Records relating to the administration, collection, and
enforcement of surcharges pursuant to section 252B.23 which are
recorded by the unit or a collection entity shall be confidential
records except that information, as necessary for support collection
and enforcement, may be provided to other governmental agencies, the
obligor or the resident parent, or a collection entity under contract
with the unit unless otherwise prohibited by the federal law. A
collection entity under contract with the unit shall use information
obtained for the sole purpose of fulfilling the duties required under
the contract, and shall disclose any records obtained by the
collection entity to the unit for use in support establishment and
enforcement.
3. Notwithstanding other statutory provisions to the contrary,
including but not limited to chapters 22 and 217, as the chapters
relate to the confidentiality of records maintained by the
department, information recorded by the department pursuant to this
section or obtained by the unit is confidential and, except when
prohibited by federal law or regulation, may be used or disclosed as
provided in subsection 1, paragraphs "b" and "h", and subsection 2,
and as follows:
a. The attorney general may utilize the information to secure,
modify, or enforce a support obligation of an individual.
b. This subsection shall not permit or require the release of
information, except to the extent provided in this section.
c. The unit may release or disclose information as necessary to
provide services under section 252B.5, as provided by chapter 252G,
as provided by Title IV-D of the federal Social Security Act, as
amended, or as required by federal law.
d. The unit may release information under section 252B.9A to meet
the requirements of Title IV-D of the federal Social Security Act for
parent locator services.
e. Information may be released if directly connected with any of
the following:
(1) The administration of the plan or program approved under
Title I, IV-A, IV-B, IV-D, IV-E, X, XIV, XVI, XIX, or XX, or the
supplemental security income program established under Title XVI, of
the federal Social Security Act, as amended.
(2) Any investigations, prosecutions, or criminal or civil
proceeding conducted in connection with the administration of any
such plan or program.
(3) The administration of any other federal or federally assisted
program which provides assistance in cash or in kind or provides
services, directly to individuals on the basis of need.
(4) Reporting to an appropriate agency or official, information
on known or suspected instances of physical or mental injury, sexual
abuse or exploitation, or negligent treatment or maltreatment of a
child who is the subject of a child support enforcement action under
circumstances which indicate that the child's health or welfare is
threatened.
f. Information may be released to courts having jurisdiction in
support proceedings. If a court issues an order, which is not
entered under section 252B.9A, directing the unit to disclose
confidential information, the unit may file a motion to quash
pursuant to this chapter, Title IV-D of the federal Social Security
Act, or other applicable law.
g. The child support recovery unit shall release information
relating to an absent parent to another unit of the department
pursuant to a written request for the information approved by the
director or the director's designee.
h. For purposes of this subsection, "party" means an absent
parent, obligor, resident parent, or other necessary party.
i. If the unit receives notification under this paragraph, the
unit shall notify the federal parent locator service as required by
federal law that there is reasonable evidence of domestic violence or
child abuse against a party or a child and that the disclosure of
information could be harmful to the party or the child. The
notification to the federal parent locator service shall be known as
notification of a disclosure risk indicator. For purposes of this
paragraph, the unit shall notify the federal parent locator service
of a disclosure risk indicator only if at least one of the following
applies:
(1) The unit receives notification that the department, or
comparable agency of another state, has made a finding of good cause
or other exception as provided in section 252B.3, or comparable law
of another state.
(2) The unit receives and, through automation, matches
notification from the department of public safety or the unit
receives notification from a court of this or another state, that a
court has issued a protective order or no-contact order against a
party with respect to another party or child.
(3) The unit receives notification that a court has dismissed a
petition for specified confidential information pursuant to section
252B.9A.
(4) The unit receives notification that a tribunal has issued an
order under chapter 252K, the uniform interstate family support Act,
or the comparable law of another state, that the address or other
identifying information of a party or child not be disclosed.
(5) The unit receives and, through automation, matches
notification from the division of child and family services of the
department, or the unit receives notification from a comparable
agency of another state, of a founded allegation of child abuse, or a
comparable finding under the law of the other state.
(6) The unit receives notification that an individual has an
exemption from cooperation with child support enforcement under a
family investment program safety plan which addresses family or
domestic violence.
(7) The unit receives notification, as the result of a request
under section 252B.9A, of the existence of any finding, order, safety
plan, or founded allegation referred to in subparagraphs (1) through
(6) of this paragraph.
4. Nothing in this chapter, chapter 252A, 252C, 252D, 252E, 252F,
252G, 252H, 252I, 252J, or 252K, or any other comparable chapter or
law shall preclude the unit from exchanging any information, notice,
document, or certification with any government or private entity, if
the exchange is not otherwise prohibited by law, through mutually
agreed upon electronic data transfer rather than through other means.
[C77, 79, 81, § 252B.9]
89 Acts, ch 283, §31; 90 Acts, ch 1034, § 1; 91 Acts, ch 177, §1;
93 Acts, ch 79, §31, 32, 57; 94 Acts, ch 1171, §16; 97 Acts, ch 175,
§ 39, 242; 98 Acts, ch 1170, §2, 20, 23--26; 2004 Acts, ch 1116, §20;
2005 Acts, ch 69, §11; 2005 Acts, ch 112, §1; 2006 Acts, ch 1119, §1
Referred to in § 252B.5, 252B.7A, 252B.9A, 252B.10, 252B.24,
252G.5, 252H.6, 422.20, 422.72, 598.22B, 598.26
252B.9A DISCLOSURE OF CONFIDENTIAL INFORMATION -- AUTHORIZED
PERSON -- COURT.
1. A person, except a court or government agency, who is an
authorized person to receive specified confidential information under
42 U.S.C. § 653, may submit a written request to the unit for
disclosure of specified confidential information regarding a
nonrequesting party. The written request shall comply with federal
law and regulations and shall include a sworn statement attesting to
the reason why the requester is an authorized person under 42 U.S.C.
§ 653, including that the requester would use the confidential
information only for purposes permitted in that section.
2. Upon receipt of a request from an authorized person which
meets all of the requirements under subsection 1, the unit shall
search available records as permitted by law or shall request the
information from the federal parent locator service as provided in 42
U.S.C. § 653.
a. If the unit locates the specified confidential information,
the unit shall disclose the information to the extent permitted under
federal law, unless one of the following applies:
(1) There is a notice from the federal parent locator service
that there is reasonable evidence of domestic violence or child abuse
pursuant to 42 U.S.C. § 653(b)(2).
(2) The unit has notified the federal parent locator service of a
disclosure risk indicator as provided in section 252B.9, subsection
3, paragraph "i", and has not removed that notification.
(3) The unit receives notice of a basis for a disclosure risk
indicator listed in section 252B.9, subsection 3, paragraph "i",
within twenty days of sending a notice of the request to the subject
of the request by regular mail.
b. If the unit locates the specified confidential information,
but the unit is prohibited from disclosing confidential information
under paragraph "a", the unit shall deny the request and notify the
requester of the denial in writing. Upon receipt of a written notice
from the unit denying the request, the requester may file a petition
in district court for an order directing the unit to release the
requested information to the court as provided in subsection 3.
3. A person may file a petition in district court for disclosure
of specified confidential information. The petition shall request
that the court direct the unit to release specified confidential
information to the court, that the court make a determination of harm
if appropriate, and that the court release specified confidential
information to the petitioner.
a. The petition shall include a sworn statement attesting to the
intended use of the information by the petitioner as allowed by
federal law. Such statement may specify any of the following
intended uses:
(1) To establish parentage, or to establish, set the amount of,
modify, or enforce a child support obligation.
(2) To make or enforce a child custody or visitation
determination or order.
(3) To carry out the duty or authority of the petitioner to
investigate, enforce, or bring a prosecution with respect to the
unlawful taking or restraint of a child.
b. Upon the filing of a petition, the court shall enter an order
directing the unit to release to the court within thirty days
specified confidential information which the unit would be permitted
to release under 42 U.S.C. § 653 and 42 U.S.C. § 663, unless one of
the following applies:
(1) There is a notice from the federal parent locator service
that there is reasonable evidence of domestic violence or child abuse
pursuant to 42 U.S.C. § 653(b)(2).
(2) The unit has notified the federal parent locator service of a
disclosure risk indicator as provided in section 252B.9, subsection
3, paragraph "i", and has not removed that notification.
(3) The unit receives notice of a basis for a disclosure risk
indicator listed in section 252B.9, subsection 3, paragraph "i",
within twenty days of sending notice of the order to the subject of
the request by regular mail. The unit shall include in the notice to
the subject of the request a copy of the court order issued under
this paragraph.
c. Upon receipt of the order, the unit shall comply as follows:
(1) If the unit has the specified confidential information, and
none of the domestic violence, child abuse, or disclosure risk
indicator provisions of paragraph "b" applies, the unit shall file
the confidential information with the court along with a statement
that the unit has not received any notice that the domestic violence,
child abuse, or disclosure risk indicator provisions of paragraph "b"
apply. The unit shall be granted at least thirty days to respond to
the order. The court may extend the time for the unit to comply.
Upon receipt by the court of the confidential information under this
subparagraph, the court may order the release of the information to
the petitioner.
(2) If the unit has the specified confidential information, and
the domestic violence, child abuse, or disclosure risk indicator
provision of paragraph "b" applies, the unit shall file with the
court a statement that the domestic violence, child abuse, or
disclosure risk indicator provision of paragraph "b" applies, along
with any information the unit has received related to the domestic
violence, child abuse, or disclosure risk indicator. The unit shall
be granted at least thirty days to respond to the order. The court
may extend the time for the unit to comply. Upon receipt by the
court of information from the unit under this subparagraph, the court
shall make a finding whether disclosure of confidential information
to any other person could be harmful to the nonrequesting party or
child. In making the finding, the court shall consider any relevant
information provided by the parent or child, any information provided
by the unit or by a child support agency, any information provided by
the petitioner, and any other relevant evidence. The unit or unit's
attorney does not represent any individual person in this proceeding.
(a) If the court finds that disclosure of confidential
information to any other person could be harmful to the nonrequesting
party or child, the court shall dismiss the petition for disclosure
and notify the unit to notify the federal parent locator service of a
disclosure risk indicator.
(b) If the court does not find that disclosure of specified
confidential information to any other person could be harmful to the
nonrequesting party or child, the court shall notify the unit to file
the specified confidential information with the court. Upon receipt
by the court of the specified confidential information, the court may
release the information to the petitioner and inform the unit to
remove the disclosure risk indicator.
(3) If the unit does not have the specified confidential
information and cannot obtain the information from the federal parent
locator service, the unit shall comply with the order by notifying
the court of the lack of information.
4. The confidential information which may be released by the unit
to a party under subsection 2, or by the unit to the court under
subsection 3, shall be limited by the federal Social Security Act and
other applicable federal law, and the unit may use the sworn
statement filed pursuant to subsection 1 or 3 in applying federal
law. Any information filed with the court by the unit, when
certified over the signature of a designated employee, shall be
considered to be satisfactorily identified and shall be admitted as
evidence, without requiring third-party foundation testimony.
Additional proof of the official character of the person certifying
the document or the authenticity of the person's signature shall not
be required.
5. When making a request for confidential information under this
section, a party or petitioner shall indicate the specific
information requested.
6. For purposes of this section, "party" means party as defined
in section 252B.9, subsection 3.
7. The unit may adopt rules pursuant to chapter 17A to prescribe
provisions in addition to or in lieu of the provisions of this
section to comply with federal requirements for parent locator
services or the safeguarding of information.
98 Acts, ch 1170, §27
Referred to in §252B.9
252B.10 CRIMINAL PENALTIES.
1. Any person who willfully requests, obtains, or seeks to obtain
paternity determination and support collection data available under
section 252B.9 under false pretenses, or who willfully communicates
or seeks to communicate such data to any agency or person except in
accordance with this chapter, shall be guilty of an aggravated
misdemeanor. Any person who knowingly, but without criminal purposes,
communicates or seeks to communicate paternity determination and
support collection data except in accordance with this chapter shall
be guilty of a simple misdemeanor.
2. Any reasonable grounds for belief that a public employee has
violated any provision of this chapter shall be grounds for immediate
removal from all access to paternity determination and support
collection data available through or recorded under section 252B.9.
[C77, 79, 81, § 252B.10]
97 Acts, ch 175, §40
252B.11 RECOVERY OF COSTS OF COLLECTION SERVICES.
The unit may initiate necessary civil proceedings to recover the
unit's costs of support collection services provided to an
individual, whether or not the individual is a public assistance
recipient, from an individual who owes and is able to pay a support
obligation but willfully fails to pay the obligation. The unit may
seek a lump sum recovery of the unit's costs or may seek to recover
the unit's costs through periodic payments which are in addition to
periodic support payments. If the unit's costs are recovered from an
individual owing a support obligation, the costs shall not be
deducted from the amount of support money received from the
individual. The costs collected pursuant to this section shall be
retained by the department for use by the unit. The director or a
designee shall keep an accurate record of funds so retained.
83 Acts, ch 153, § 19; 92 Acts, ch 1195, § 103
252B.12 JURISDICTION OVER NONRESIDENTS.
In an action to establish paternity or to establish or enforce a
child support obligation, or to modify a support order, a nonresident
person is subject to the jurisdiction of the courts of this state as
specified in section 252K.201.
84 Acts, ch 1242, § 1; 97 Acts, ch 175, § 48
252B.13 COLLECTION SERVICES CENTER. Repealed by 88 Acts, ch
1218, § 14. See § 252B.13A.
252B.13A COLLECTION SERVICES CENTER.
1. The department shall establish within the unit a collection
services center for the receipt and disbursement of support payments
as defined in section 252D.16 or 598.1 as required for orders by
section 252B.14. For purposes of this section, support payments do
not include attorney fees, court costs, or property settlements. The
center may also receive and disburse surcharges as provided in
section 252B.23.
2. a. The collection services center shall meet the requirements
for a state disbursement unit pursuant to 42 U.S.C. § 654B, section
252B.14, and this section by October 1, 1999.
b. Prior to October 1, 1999, the department and the judicial
branch shall enter into a cooperative agreement for implementation of
the state disbursement unit requirement. The agreement shall
include, but is not limited to, provisions for all of the following:
(1) Coordination with the state case registry created in section
252B.24.
(2) The receipt and disbursement of income withholding payments
for orders not receiving services from the unit pursuant to section
252B.14, subsection 4.
(3) The transmission of information, orders, and documents, and
access to information.
(4) Furnishing, upon request, timely information on the current
status of support payments as provided in 42 U.S.C. § 654B(b)(4), in
a manner consistent with state law.
(5) The notification of payors of income to direct income
withholding payments to the collection services center as provided in
section 252B.14, subsection 4.
90 Acts, ch 1224, §9; 91 Acts, ch 177, §2; 93 Acts, ch 79, §39,
40; 97 Acts, ch 175, § 41, 243; 98 Acts, ch 1047, §68; 98 Acts, ch
1170, §3
Referred to in § 252B.9, 252B.15, 252D.17, 252D.20, 602.8102(47C)
252B.14 SUPPORT PAYMENTS -- COLLECTION SERVICES CENTER -- CLERK
OF THE DISTRICT COURT.
1. For the purposes of this section, "support order" includes any
order entered pursuant to chapter 234, 252A, 252C, 598, 600B, or any
other support chapter or proceeding which establishes support
payments as defined in section 252D.16 or 598.1.
2. For support orders being enforced by the child support
recovery unit, support payments made pursuant to the order shall be
directed to and disbursed by the collection services center.
3. With the exception of support payments to which subsection 2
or 4 applies, support payments made pursuant to an order shall be
directed to and disbursed by the clerk of the district court in the
county in which the order for support is filed. The clerk of the
district court may require the obligor to submit payments by bank
draft or money order if the obligor submits an insufficient funds
support payment to the clerk of the district court.
4. By October 1, 1999, for a support order to which subsection 2
does not apply, regardless of the terms of the support order
directing or redirecting the place of payment, support payments made
through income withholding by a payor of income as provided in
chapter 252D shall be directed to and disbursed by the collection
services center. The judicial branch and the department shall
develop and implement a plan to notify payors of income of this
requirement and the effective date of the requirement applicable to
the respective payor of income.
5. If the collection services center is receiving and disbursing
payments pursuant to a support order, but the unit is not providing
other services under Title IV-D of the federal Social Security Act,
or if the order is not being enforced by the unit, the parties to
that order are not considered to be receiving services under this
chapter.
6. Payments to persons other than the clerk of the district court
or the collection services center do not satisfy the support
obligations created by a support order or judgment, except as
provided for in sections 598.22 and 598.22A.
86 Acts, ch 1246, § 316; 87 Acts, ch 228, § 31; 88 Acts, ch 1218,
§2; 90 Acts, ch 1224, § 10; 91 Acts, ch 177, §3; 93 Acts, ch 79, §41;
97 Acts, ch 175, § 42, 43; 98 Acts, ch 1047, §68; 98 Acts, ch 1170,
§4
Referred to in § 8A.222, 252B.13A, 252D.17, 421.17, 598.22,
598.22A, 598.22B, 642.23
Crediting of support payments ordered on or after July 1, 1985; §
598.22A
252B.15 PROCESSING AND DISBURSEMENT OF SUPPORT PAYMENTS.
1. The collection services center shall notify the clerk of the
district court of any order for which the child support recovery unit
is providing enforcement services. The clerk of the district court
shall forward any support payment made pursuant to the order, along
with any support payment information, to the collection services
center. Unless the agreement developed pursuant to section 252B.13A
otherwise provides, by October 1, 1999, the clerk of the district
court shall forward any support payment made and any support payment
information provided through income withholding pursuant to chapter
252D, to the collection services center. The collection services
center shall process and disburse the payment in accordance with
federal requirements.
2. Unless otherwise provided under federal law, if it is possible
to identify the support order to which a payment is to be applied and
if sufficient information is provided to identify the obligee, a
payment received by the collection services center or the clerk of
the district court shall be disbursed to the appropriate individual
or office within two working days in accordance with section 598.22.
3. Chapter 556 shall not apply to payments received by the
collection services center.
90 Acts, ch 1224, §11; 91 Acts, ch 177, §4; 93 Acts, ch 79, §42;
98 Acts, ch 1170, §5; 2006 Acts, ch 1119, §2
Referred to in § 252B.6A
252B.16 TRANSFER OF SUPPORT ORDER PROCESSING RESPONSIBILITIES --
ONGOING PROCEDURES.
1. For a support order being processed by the clerk of the
district court, upon notification that the unit is providing
enforcement services related to the order, the clerk of the district
court shall immediately transfer the responsibility for the
disbursement of support payments received pursuant to the order to
the collection services center.
2. The department shall adopt rules pursuant to chapter 17A to
ensure that the affected parties are notified that the support
payment disbursement responsibilities have been transferred to the
collection services center from the clerk of the district court. The
rules shall include a provision requiring that a notice shall be sent
by regular mail to the last known addresses of the obligee and the
obligor. The issuance of notice to the obligor is the equivalent of
a court order requiring the obligor to direct payment to the
collection services center for disbursement.
3. Once the responsibility for receiving and disbursing support
payments has been transferred from a clerk of the district court to
the collection services center, the responsibility shall remain with
the collection services center even if the child support recovery
unit is no longer providing enforcement services, unless redirected
by court order. However, the responsibility for receiving and
disbursing income withholding payments shall not be redirected to a
clerk of the district court.
86 Acts, ch 1246, § 316; 88 Acts, ch 1218, §3; 90 Acts, ch 1224, §
12; 91 Acts, ch 177, §5; 93 Acts, ch 79, §43; 98 Acts, ch 1170, §6
Referred to in § 598.22B
252B.17 ADMISSIBILITY AND IDENTIFICATION OF SUPPORT PAYMENT
RECORDS.
Copies of support payment records maintained by the collection
services center, when certified over the signature of a designated
employee of the center, shall be considered to be satisfactorily
identified and shall be admitted in any proceeding as prima facie
evidence of the transactions. Additional proof of the official
character of the person certifying the record or the authenticity of
the person's signature shall not be required. Whenever an employee
of the collection services center is served with a summons, subpoena,
subpoena duces tecum, or order directing that person to produce such
records, the employee may comply by transmitting a copy of the
payment records certified as described above to the clerk of the
district court.
86 Acts, ch 1246, § 316
252B.17A IMAGING OR PHOTOGRAPHIC COPIES -- ORIGINALS DESTROYED.
1. If the unit, in the regular course of business or activity,
has recorded or received any memorandum, writing, entry, print,
document, representation, or combination thereof, of any act,
transaction, occurrence, event, or communication from any source, and
in the regular course of business has caused any or all of the same
to be recorded, copied, or reproduced by any photographic,
photostatic, microfilm, microcard, miniature photographic, electronic
imaging, electronic data processing, or other process which
accurately reproduces or forms a durable medium for accurately and
legibly reproducing an unaltered image or reproduction of the
original, the original may be destroyed. Such reproduction, when
satisfactorily identified, is as admissible in evidence as the
original itself in any judicial or administrative proceeding whether
the original is in existence or not and an enlargement or facsimile
of such reproduction is likewise admissible in evidence if the
original recording, copy, or reproduction is in existence and
available for inspection. The introduction of a reproduced record,
enlargement, or facsimile, does not preclude admission of the
original.
2. The electronically imaged, copied, or otherwise reproduced
record or document maintained or received by the unit, when certified
over the signature of a designated employee of the unit, shall be
considered to be satisfactorily identified. Certified documents are
deemed to have been imaged or copied or otherwise reproduced
accurately and unaltered in the regular course of business, and such
documents are admissible in any judicial or administrative proceeding
as evidence. Additional proof of the official character of the
person certifying the record or authenticity of the person's
signature shall not be required. Whenever the unit or an employee of
the unit is served with a summons, subpoena, subpoena duces tecum, or
order directing production of such records, the unit or employee may
comply by transmitting a copy of the record certified as described
above to the district court.
97 Acts, ch 175, §44
252B.18 CHILD SUPPORT ADVISORY COMMITTEE -- ESTABLISHED --
DUTIES.
1. a. The department shall establish a child support advisory
committee. Members shall include at least one district judge and
representatives of custodial parent groups, noncustodial parent
groups, the general assembly, the office of citizens' aide, the Iowa
state bar association, the Iowa county attorneys association, and
other constituencies which have an interest in child support
enforcement issues, appointed by the respective entity.
b. The legislative members of the committee shall be appointed by
the majority leader of the senate, after consultation with the
president of the senate, and the minority leader of the senate, and
by the speaker of the house, after consultation with the majority
leader and the minority leader of the house of representatives.
Members shall serve staggered terms of two years. Appointments shall
comply with sections 69.16 and 69.16A. Vacancies shall be filled by
the original appointing authority and in the manner of the original
appointments.
c. Nonlegislative members shall receive actual expenses incurred
while serving in their official capacity and may also be eligible to
receive compensation as provided in section 7E.6. Legislative
members shall receive compensation pursuant to section 2.12.
2. The committee shall select a chairperson, annually, from its
membership. A majority of the members of the committee shall
constitute a quorum.
3. The child support advisory committee shall assist the
department in all of the following activities:
a. Review of existing child support guidelines and
recommendations for revision.
b. Examination of the operation of the child support system to
identify program improvements or enhancements which would increase
the effectiveness of securing parental support and parental
involvement.
c. Recommendation of legislation which would clarify and improve
state law regarding support for children.
4. The committee shall receive input from the public regarding
the issues identified in subsection 3. The methods by which public
input may be accessed may include but are not limited to public
hearings, focus groups, and surveys.
90 Acts, ch 1224, §13; 94 Acts, ch 1171, §17
252B.19 Reserved.
252B.20 SUSPENSION OF SUPPORT.
1. If the unit is providing child support enforcement services
pursuant to this chapter, the parents of a dependent child for whom
support has been ordered pursuant to chapter 252A, 252C, 252F, 598,
600B, or any other chapter, may jointly request the assistance of the
unit in suspending the obligation for support if all of the following
conditions exist:
a. The parents have reconciled and are cohabiting, and the child
for whom support is ordered is living in the same residence as the
parents, or the child is currently residing with the parent who is
ordered to pay support. If the basis for suspension under this
paragraph applies to at least one but not all of the children for
whom support is ordered, the condition of this paragraph is met only
if the support order includes a step change.
b. The child for whom support is ordered is not receiving public
assistance pursuant to chapter 239B, 249A, or a comparable law of a
foreign jurisdiction, unless the person against whom support is
ordered is considered to be a member of the same household as the
child for the purposes of public assistance eligibility.
c. The parents have signed a notarized affidavit attesting to the
conditions under paragraphs "a" and "b", have consented to suspension
of the support order or obligation, and have submitted the affidavit
to the unit.
d. No prior request for suspension has been filed with the unit
during the two-year period preceding the request, unless the request
was filed during the two-year period preceding July 1, 2005, the unit
denied the request because the suspension did not apply to all
children for whom support is ordered, and the parents jointly file a
request on or after July 1, 2005.
e. Any other criteria established by rule of the department.
2. Upon receipt of the application for suspension and properly
executed and notarized affidavit, the unit shall review the
application and affidavit to determine that the necessary criteria
have been met. The unit shall then do one of the following:
a. Deny the request and notify the parents in writing that the
application is being denied, providing reasons for the denial and
notifying the parents of the right to proceed through private
counsel. Denial of the application is not subject to contested case
proceedings or further review pursuant to chapter 17A.
b. Approve the request and prepare an order which shall be
submitted, along with the affidavit, to a judge of a district court
for approval, suspending the accruing support obligation and, if
requested by the obligee, and if not prohibited by chapter 252K,
satisfying the obligation of support due the obligee. If the basis
for suspension applies to at least one but not all of the children
for whom support is ordered and the support order includes a step
change, the unit shall prepare an order suspending the accruing
support obligation for each child to whom the basis for suspension
applies.
3. An order approved by the court for suspension of an accruing
support obligation is effective upon the date of filing of the
suspension order. The satisfaction of an obligation of support due
the obligee shall be final upon the filing of the suspension order.
A support obligation which is satisfied is not subject to the
reinstatement provisions of this section.
4. An order suspending an accruing support obligation entered by
the court pursuant to this section shall be considered a temporary
order for the period of six months from the date of filing of the
suspension order. However, the six- month period shall not include
any time during which an application for reinstatement is pending
before the court.
5. During the six-month period the unit may request that the
court reinstate the accruing support order or obligation if any of
the following conditions exist:
a. Upon application to the unit by either parent or other person
who has physical custody of the child.
b. Upon the receipt of public assistance benefits, pursuant to
chapter 239B, 249A, or a comparable law of a foreign jurisdiction, by
the person entitled to receive support and the child on whose behalf
support is paid, provided that the person owing the support is not
considered to be a member of the same household as the child for the
purposes of public assistance eligibility.
6. If a condition under subsection 5 exists, the unit may request
that the court reinstate an accruing support obligation as follows:
a. If the basis for the suspension no longer applies to any of
the children for whom an accruing support obligation was suspended,
the unit shall request that the court reinstate the accruing support
obligations for all of the children.
b. If the basis for the suspension continues to apply to at least
one but not all of the children for whom an accruing support
obligation was suspended and if the support order includes a step
change, the unit shall request that the court reinstate the accruing
support obligation for each child for whom the basis for the
suspension no longer applies.
7. Upon filing of an application for reinstatement, service of
the application shall be made either in person or by first class mail
upon both parents. Within ten days following the date of service,
the parents may file a written objection with the clerk of the
district court to the entry of an order for reinstatement.
a. If no objection is filed, the court may enter an order
reinstating the accruing support obligation without additional
notice.
b. If an objection is filed, the clerk of court shall set the
matter for hearing and send notice of the hearing to both parents and
the unit.
8. The reinstatement is effective as follows:
a. For reinstatements initiated under subsection 5, paragraph
"a", the date the notices were served on both parents pursuant to
subsection 7.
b. For reinstatements initiated under subsection 5, paragraph
"b", the date the child began receiving public assistance benefits
during the suspension of the obligation.
c. Support which became due during the period of suspension but
prior to the reinstatement is waived and not due and owing unless the
parties requested and agreed to the suspension under false pretenses.
9. If the order suspending a support obligation has been on file
with the court for a period exceeding six months as computed pursuant
to subsection 4, the order becomes final by operation of law and
terminates the support obligation, and thereafter, a party seeking to
establish a support obligation against either party shall bring a new
action for support as provided by law.
10. This section shall not limit the rights of the parents or the
unit to proceed by other means to suspend, terminate, modify,
reinstate, or establish support.
11. This section does not provide for the suspension or
retroactive modification of support obligations which accrued prior
to the entry of an order suspending enforcement and collection of
support pursuant to this section. However, if in the application for
suspension, an obligee elects to satisfy an obligation of accrued
support due the obligee, the suspension order may satisfy the
obligation of accrued support due the obligee.
12. Nothing in this section shall prohibit or limit the unit or a
party entitled to receive support from enforcing and collecting any
unpaid or unsatisfied support that accrued prior to the suspension of
the accruing obligation.
13. For the purposes of chapter 252H regarding the criteria for a
review under subchapter II of that chapter or for a cost-of-living
alteration under subchapter IV of that chapter, if a support
obligation is terminated or reinstated under this section, such
termination or reinstatement shall not be considered a modification
of the support order.
14. As used in this section, unless the context otherwise
requires, "step change" means a change designated in a support order
specifying the amount of the child support obligation as the number
of children entitled to support under the order changes.
93 Acts, ch 79, §24; 94 Acts, ch 1171, §18; 96 Acts, ch 1141, § 4;
97 Acts, ch 41, § 32; 98 Acts, ch 1170, §46, 47; 2005 Acts, ch 112,
§2--5
252B.21 ADMINISTRATIVE SEEK EMPLOYMENT ORDERS.
1. For any support order being enforced by the unit, the unit 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. Advance notice is not required
prior to entering the ex parte order. The order shall be served upon
the obligor by regular mail, with proof of service completed as
provided in rule of civil procedure 1.442. The unit shall file a
copy of the order with the clerk of the district court.
2. The order to seek employment shall contain directives,
including all of the following:
a. That the obligor seek employment within a determinate amount
of time.
b. That the obligor file with the unit on a weekly basis a report
of at least five new attempts to find employment or of having found
employment. The report shall include the names, addresses, and the
telephone numbers of any 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 an inquiry was directed.
c. That failure to comply with the notice is evidence of a
willful failure to pay support under section 598.23A.
d. That the obligor shall provide the child support recovery unit
with verification of any reason for noncompliance with the order.
e. The duration of the order, not to exceed three months.
3. The department may establish additional criteria or
requirements relating to seek employment orders by rule as necessary
to implement this section.
93 Acts, ch 79, §26; 94 Acts, ch 1171, §19
Referred to in § 252B.6A, 598.23A
252B.22 LIENS -- MOTOR VEHICLE REGISTRATION -- TASK FORCE.
1. The child support recovery unit created in this chapter shall
establish a task force to assist in the development and
implementation of all of the following:
a. The filing of notices of liens and actions to release liens.
b. The process for delaying the renewal of a motor vehicle
registration due to a support delinquency and recommendations for
additional statutory changes to the general assembly.
2. Members of the task force may include, but shall not be
limited to, representatives, appointed by the respective entity, of
the Iowa land title association, the Iowa realtors' association, the
Iowa state bar association, the Iowa county recorders' association,
the Iowa clerks of court association, the Iowa county treasurers'
association, the Iowa automobile dealers' association, the Iowa
bankers association, the Iowa recreational vehicle dealers'
association, the independent automobile dealers' association of Iowa,
the Iowa mortgage bankers' association, the Iowa motorcycle
association, the Iowa credit union league, department of
administrative services, state department of transportation, the
office of the secretary of state, the office of the state court
administrator, and other constituency groups and agencies which have
an interest in a statewide support lien index to the record liens.
Appointments are not subject to sections 69.16 and 69.16A. Vacancies
shall be filled by the original appointment authority and in the
manner of the original appointments.
97 Acts, ch 175, §201; 2000 Acts, ch 1125, §1, 4; 2003 Acts, ch
145, §286
252B.23 SURCHARGE.
1. A surcharge shall be due and payable by the obligor on a
support arrearage identified as difficult to collect and referred by
the unit on or after January 1, 1998, to a collection entity under
contract with the unit or other state entity. The amount of the
surcharge shall be a percent of the amount of the support arrearage
referred to the collection entity and shall be specified in the
contract with the collection entity. For the purpose of this
chapter, a "collection entity" includes but is not limited to a state
agency, including the central collection unit of the department of
revenue, or a private collection agency. Use of a collection entity
is in addition to any other legal means by which support payments may
be collected. The unit shall continue to use other enforcement
actions, as appropriate.
2. a. Notice that a surcharge may be assessed on a support
arrearage referred to a collection entity pursuant to this section
shall be provided to an obligor in accordance with one of the
following as applicable:
(1) In the order establishing or modifying the support
obligation. The unit or district court shall include notice in any
new or modified support order issued on or after July 1, 1997.
(2) Through notice sent by the unit by regular mail to the last
known address of the support obligor.
b. The notice shall also advise that any appropriate information
may be provided to a collection entity for purposes of administering
and enforcing the surcharge.
3. Arrearages submitted for referral and surcharge pursuant to
this section shall meet all of the following criteria:
a. The arrearages owed shall be based on a court or
administrative order which establishes the support obligation.
b. The arrearage is due for a case in which the unit is providing
services pursuant to this chapter and one for which the arrearage has
been identified as difficult to collect by the unit.
c. The obligor was provided notice pursuant to subsection 2 at
least fifteen days prior to sending the notice of referral pursuant
to subsection 4.
4. The unit shall send notice of referral to the obligor by
regular mail to the obligor's last known address, with proof of
service completed according to rule of civil procedure 1.442, at
least thirty days prior to the date the arrearage is referred to the
collection entity. The notice shall inform the obligor of all of the
following:
a. The arrearage will be referred to a collection entity.
b. Upon referral, a surcharge is due and payable by the obligor.
c. The amount of the surcharge.
d. That the obligor may avoid referral by paying the amount of
the arrearage to the collection services center within twenty days of
the date of notice of referral.
e. That the obligor may contest the referral by submitting a
written request for review of the unit. The request shall be
received by the unit within twenty days of the date of the notice of
referral.
f. The right to contest the referral is limited to a mistake of
fact, which includes a mistake in the identity of the obligor, a
mistake as to fulfillment of the requirements for referral under this
subsection, or a mistake in the amount of the arrearages.
g. The unit shall issue a written decision following a requested
review.
h. Following the issuance of a written decision by the unit
denying that a mistake of fact exists, the obligor may request a
hearing to challenge the surcharge by sending a written request for a
hearing to the office of the unit which issued the decision. The
request shall be received by the office of the unit which issued the
decision within ten days of the unit's written decision. The only
grounds for a hearing shall be mistake of fact. Following receipt of
the written request, the unit which receives the request shall
certify the matter for hearing in the district court in the county in
which the underlying support order is filed.
i. The address of the collection services center for payment of
the arrearages.
5. If the obligor pays the amount of arrearage within twenty days
of the date of the notice of referral, referral of the arrearage to a
collection entity shall not be made.
6. If the obligor requests a review or court hearing pursuant to
this section, referral of the arrearages shall be stayed pending the
decision of the unit or the court.
7. Actions of the unit under this section shall not be subject to
contested case proceedings or further review pursuant to chapter 17A
and any resulting court hearing shall be an original hearing before
the district court. However, the department shall establish, by rule
pursuant to chapter 17A, an internal process to provide an additional
review by the administrator of the child support recovery unit or the
administrator's designee.
8. If an obligor does not pay the amount of the arrearage, does
not contest the referral, or if following the unit's review and any
court hearing the unit or court does not find a mistake of fact, the
arrearages shall be referred to a collection entity. Following the
review or hearing, if the unit or court finds a mistake in the amount
of the arrearage, the arrearages shall be referred to the collection
entity in the appropriate arrearage amount. For arrearages referred
to a collection entity, the obligor shall pay a surcharge equal to a
percent of the amount of the support arrearage due as of the date of
the referral. The surcharge is in addition to the arrearages and any
other fees or charges owed, and shall be enforced by the collection
entity as provided under section 252B.5. Upon referral to the
collection entity, the surcharge is an automatic judgment against the
obligor.
9. The director or the director's designee may file a notice of
the surcharge with the clerk of the district court in the county in
which the underlying support order is filed. Upon filing, the clerk
shall enter the amount of the surcharge on the lien index and
judgment docket.
10. Following referral of a support arrearage to a collection
entity, the surcharge shall be due and owing and enforceable by a
collection entity or the unit notwithstanding satisfaction of the
support obligation or whether the collection entity is enforcing a
support arrearage. However, the unit may waive payment of all or a
portion of the surcharge if waiver will facilitate the collection of
the support arrearage.
11. All surcharge payments shall be received and disbursed by the
collection services center. The surcharge payments received by the
collection services center shall be considered repayment receipts as
defined in section 8.2 and shall be used to pay the costs of any
contracts with a collection entity.
12. a. A payment received by the collection services center which
meets all the following conditions shall be allocated as specified in
paragraph "b":
(1) The payment is for a case in which arrearages have been
referred to a collection entity.
(2) A surcharge is assessed on the arrearages.
(3) The payment is collected under the provisions of the contract
with the collection entity.
b. A payment meeting all of the conditions in paragraph "a" shall
be allocated between support and costs and fees, and the surcharge
according to the following formula:
(1) The payment shall be divided by the sum of one hundred
percent plus the percent specified in the contract.
(2) The quotient shall be the amount allocated to the support
arrearage and other fees and costs.
(3) The difference between the dividend and the quotient shall be
the amount allocated to the surcharge.
13. Any computer or software programs developed and any records
used in relation to a contract with a collection entity remain the
property of the department.
97 Acts, ch 175, §244; 2003 Acts, ch 145, §286; 2005 Acts, ch 175,
§119
Referred to in § 252B.9, 252B.13A
252B.24 STATE CASE REGISTRY.
1. Beginning October 1, 1998, the unit shall operate a state case
registry to the extent determined by applicable time frames and other
provisions of 42 U.S.C. § 654A(e) and this section. The unit and the
judicial branch shall enter into a cooperative agreement for the
establishment and operation of the registry by the unit. The state
case registry shall include records with respect to all of the
following:
a. Unless prohibited by federal law, each case for which services
are provided under this chapter.
b. Each order for support, as defined in section 252D.16 or
598.1, which meets at least one of the following criteria:
(1) The support order is established or modified in this state on
or after October 1, 1998.
(2) The income of the obligor is subject to income withholding
under chapter 252D, including any support order for which the
district court enters an ex parte order under chapter 252D on or
after October 1, 1998.
2. The clerk of the district court shall provide the unit with
any information, orders, or documents requested by the unit to
establish or operate the state case registry, which are specified in
the agreement described in subsection 1, within the time frames
specified in that agreement. The agreement shall include but is not
limited to provisions to provide for all of the following:
a. Provision to the unit of information, orders, and documents
necessary for the unit to meet requirements described in 42 U.S.C. §
654A(e) and this section.
b. Provision to the unit of information filed with the clerk of
the district court by a party under section 598.22B, and the social
security number of a child filed with the clerk of the district court
under section 602.6111.
c. Use of automation, as appropriate, to meet the requirements
described in 42 U.S.C. § 654A(e) and this section.
3. The records of the state case registry are confidential
records pursuant to chapter 22 and may only be disclosed or used as
provided in section 252B.9.
98 Acts, ch 1047, §68; 98 Acts, ch 1170, §15
Referred to in §252B.13A, 598.22B, 602.8102(47B)
252B.25 CONTEMPT -- COMBINING ACTIONS.
Notwithstanding any provision of law to the contrary, if an
obligor has been ordered to provide support in more than one order,
the unit may bring a single action for contempt to enforce the
multiple orders. However, if the obligor objects to the
consolidation of the actions regarding multiple orders into a single
action for contempt, and the court determines that severance of the
single action into multiple actions is in the interest of justice,
the unit shall bring multiple actions for contempt to enforce the
multiple orders. If the single action is brought and the obligor
does not object, the unit shall file the action in the district court
of a county where the obligor resides, or if the obligor does not
reside in the state, in the district court of the county where at
least one of the support orders was entered or registered. For the
purposes of this section, the district court where the unit files the
action shall have jurisdiction and authority over all other support
orders for the obligor entered or registered by a court of this state
and affected under this section. In such case, the unit shall also
file a document with the clerk of court in each county affected
specifying the county where the action under this section was filed
and the disposition of the action.
2005 Acts, ch 112, §6
252B.26 SERVICE OF PROCESS.
Notwithstanding any provision of law to the contrary, the unit may
serve a petition, notice, or rule to show cause under chapter 252A,
252C, 252F, 252H, 252K, 598, or 665 as specified in each chapter, or
by certified mail. Return acknowledgment is required to prove
service by certified mail, rules of civil procedure 1.303(5) and
1.308(5) shall not apply, and the return acknowledgment shall be
filed with the clerk of court.
2005 Acts, ch 112, §7
252B.27 USE OF FUNDING FOR ADDITIONAL POSITIONS.
1. The director, within the limitations of the amount
appropriated for the unit, or moneys transferred for this purpose
from the family investment program account created in section
239B.11, may establish new positions and add employees to the unit if
the director determines that both the current and additional
employees together can reasonably be expected to maintain or increase
net state revenue at or beyond the budgeted level for the fiscal
year.
2. a. The director may establish new positions and add state
employees to the unit or contract for delivery of services if the
director determines the employees are necessary to replace
county-funded positions eliminated due to termination, reduction, or
nonrenewal of a chapter 28E contract. However, the director must
also determine that the resulting increase in the state share of
child support recovery incentives exceeds the cost of the positions
or contract, the positions or contract are necessary to ensure
continued federal funding of the unit, or the new positions or
contract can reasonably be expected to recover at least twice the
amount of money necessary to pay the salaries and support for the new
positions or the contract will generate at least two hundred percent
of the cost of the contract.
b. Employees in full-time positions that transition from county
government to state government employment under this subsection are
exempt from testing, selection, and appointment provisions of chapter
8A, subchapter IV, and from the provisions of collective bargaining
agreements{ relating to the filling of vacant positions.
2005 Acts, ch 175, §120
ollective bargaining, see chapter 20