CHAPTER 252C CHILD SUPPORT DEBTS - ADMINISTRATIVE PROCEDURES
252C.1 DEFINITIONS.
As used in this chapter, unless the context otherwise requires:
1. "Administrator" means the administrator of the child support
recovery unit of the department of human services, or the
administrator's designee.
2. "Caretaker" means a parent, relative, guardian, or another
person who is responsible for paying foster care costs pursuant to
chapter 234 or whose needs are included in an assistance payment made
pursuant to chapter 239B.
3. "Court order" means a judgment or order of a court of this
state or another state requiring the payment of a set or determinable
amount of monetary support. For orders entered on or after July 1,
1990, unless the court specifically orders otherwise, medical
support, as defined in section 252E.1, is not included in the amount
of monetary support.
4. "Department" means the department of human services.
5. "Dependent child" means a person who meets the eligibility
criteria established in chapter 234 or 239B and whose support is
required by chapter 234, 239B, 252A, 252F, 598, or 600B.
6. "Medical support" means either the provision of coverage under
a health benefit plan, including a group or employment-related or an
individual health benefit plan, or a health benefit plan provided
pursuant to chapter 514E, to meet the medical needs of a dependent
and the cost of any premium required by a health benefit plan, or the
payment to the obligee of a monetary amount in lieu of providing
coverage under a health benefit plan, either of which is an
obligation separate from any monetary amount of child support ordered
to be paid.
7. "Public assistance" means foster care costs paid by the
department pursuant to chapter 234 or assistance provided pursuant to
chapter 239B.
8. "Responsible person" means a parent, relative, guardian, or
another person legally liable for the support of a child or a child's
caretaker.
84 Acts, ch 1278, § 1; 90 Acts, ch 1224, § 14, 15; 93 Acts, ch 79,
§44; 97 Acts, ch 41, § 32
Referred to in § 252H.2, 598.21G
252C.2 ASSIGNMENT -- CREATION OF SUPPORT DEBT -- SUBROGATION.
1. If public assistance is provided by the department to or on
behalf of a dependent child or a dependent child's caretaker, there
is an assignment by operation of law to the department of any and all
right in, title to, and interest in any support obligation, payment,
and arrearages owed to or for the child or caretaker up to the amount
of public assistance paid for or on behalf of the child or caretaker.
Unless otherwise specified in the order, an equal and proportionate
share of any child support awarded is presumed to be payable on
behalf of each child subject to the order or judgment for purposes of
an assignment under this section.
2. The payment of public assistance to or for the benefit of a
dependent child or a dependent child's caretaker creates a support
debt due and owing to the department by the responsible person in an
amount equal to the public assistance payment, except that the
support debt is limited to the amount of a support obligation
established by court order or by the administrator. The
administrator may establish a support debt as to amounts accrued and
accruing pursuant to section 598.21B. However, when establishing a
support obligation against a responsible person, no debt shall be
created for the period during which the responsible person is a
recipient on the person's own behalf of public assistance for the
benefit of the dependent child or the dependent child's caretaker, if
any of the following conditions exist:
a. The parents have reconciled and are cohabiting, and the child
for whom support would otherwise be sought is living in the same
residence as the parents.
b. The child is living with the parent from whom support would
otherwise be sought.
3. The provision of child support collection or paternity
determination services under chapter 252B to an individual, even
though the individual is ineligible for public assistance, creates a
support debt due and owing to the individual or the individual's
child or ward by the responsible person in the amount of a support
obligation established by court order or by the administrator. The
administrator may establish a support debt in favor of the individual
or the individual's child or ward and against the responsible person,
both as to amounts accrued and accruing, pursuant to section 598.21B.
4. The payment of medical assistance pursuant to chapter 249A for
the benefit of a dependent child or a dependent child's caretaker
creates a support debt due and owing to the department. The
administrator may establish an order for medical support.
5. The department is subrogated to the rights of a dependent
child or a dependent child's caretaker to bring a court action or to
execute an administrative remedy for the collection of support. The
administrator may petition an appropriate court for modification of a
court order on the same grounds as a party to the court order can
petition the court for modification.
84 Acts, ch 1278, § 2; 89 Acts, ch 166, § 4; 92 Acts, ch 1195, §
401, 402; 94 Acts, ch 1171, §20; 97 Acts, ch 175, § 50; 2005 Acts, ch
69, §12, 13
Referred to in § 252C.3, 598.21B
252C.3 NOTICE OF SUPPORT DEBT -- FAILURE TO RESPOND -- HEARING --
ORDER.
1. The administrator may issue a notice stating the intent to
secure an order for either payment of medical support established as
defined in chapter 252E or payment of an accrued or accruing support
debt due and owed to the department or an individual under section
252C.2, or both. The notice shall be served upon the responsible
person in accordance with the rules of civil procedure. The notice
shall include all of the following:
a. A statement that the support obligation will be set pursuant
to the child support guidelines established pursuant to section
598.21B, and the criteria established pursuant to section 252B.7A,
and that the responsible person is required to provide medical
support in accordance with chapter 252E.
b. The name of a public assistance recipient and the name of the
dependent child or caretaker for whom the public assistance is paid.
c. (1) A statement that if the responsible person desires to
discuss the amount of support that the responsible person should be
required to pay, the responsible person may, within ten days after
being served, contact the office of the child support recovery unit
which sent the notice and request a negotiation conference.
(2) A statement that if a negotiation conference is requested,
then the responsible person shall have ten days from the date set for
the negotiation conference or thirty days from the date of service of
the original notice, whichever is later, to send a request for a
hearing to the office of the child support recovery unit which issued
the notice.
(3) A statement that after the holding of the negotiation
conference, the administrator may issue a new notice and finding of
financial responsibility for child support or medical support, or
both, to be sent to the responsible person by regular mail addressed
to the responsible person's last known address, or if applicable, to
the last known address of the responsible person's attorney.
(4) A statement that if the administrator issues a new notice and
finding of financial responsibility for child support or medical
support, or both, then the responsible person shall have thirty days
from the date of issuance of the new notice to send a request for a
hearing to the office of the child support recovery unit which issued
the notice. If the administrator does not issue a new notice and
finding of financial responsibility for child support or medical
support, or both, the responsible party shall have ten days from the
date of issuance of the conference report to send a request for a
hearing to the office of the child support recovery unit which issued
the conference report.
d. A statement that if the responsible person objects to all or
any part of the notice or finding of financial responsibility for
child support or medical support, or both, and a negotiation
conference is not requested, the responsible person shall, within
thirty days of the date of service send to the office of the child
support recovery unit which issued the notice a written response
setting forth any objections and requesting a hearing.
e. A statement that if a timely written request for a hearing is
received by the office of the child support recovery unit which
issued the notice, the responsible person shall have the right to a
hearing to be held in district court; and that if no timely written
response is received, the administrator may enter an order in
accordance with the notice and finding of financial responsibility
for child support or medical support, or both.
f. A statement that, as soon as the order is entered, the
property of the responsible person is subject to collection action,
including but not limited to wage withholding, garnishment,
attachment of a lien, and execution.
g. A statement that the responsible person shall notify the
administrator of any change of address, employment, or medical
coverage as required by chapter 252E.
h. A statement that if the responsible person has any questions,
the responsible person should telephone or visit an office of the
child support recovery unit or consult an attorney.
i. Such other information as the administrator finds appropriate.
2. The time limitations for requesting a hearing in subsection 1
may be extended by the administrator.
3. If a timely written response setting forth objections and
requesting a hearing is received by the appropriate office of the
child support recovery unit, a hearing shall be held in district
court.
4. If timely written response and request for hearing is not
received by the appropriate office of the child support recovery
unit, the administrator may enter an order in accordance with the
notice, and shall specify all of the following:
a. The amount of monthly support to be paid, with directions as
to the manner of payment.
b. The amount of the support debt accrued and accruing in favor
of the department.
c. The name of the custodial parent or agency having custody of
the dependent child and the name and birth date of the dependent
child for whom support is to be paid.
d. That the property of the responsible person is subject to
collection action, including but not limited to wage withholding,
garnishment, attachment of a lien, and execution.
e. The medical support required pursuant to chapter 598 and rules
adopted pursuant to chapter 252E.
5. The responsible person shall be sent a copy of the order by
regular mail addressed to the responsible person's last known
address, or if applicable, to the last known address of the
responsible person's attorney. The order is final, and action by the
administrator to enforce and collect upon the order, including
arrearages and medical support, or both, may be taken from the date
of approval of the order by the court pursuant to section 252C.5.
84 Acts, ch 1278, § 3; 90 Acts, ch 1224, § 16--21; 92 Acts, ch
1195, § 202, 203, 403; 95 Acts, ch 52, §3, 4; 97 Acts, ch 175, §
51--53; 2005 Acts, ch 69, §14
Referred to in § 234.39, 252C.12
252C.4 CERTIFICATION TO COURT -- HEARING -- DEFAULT.
1. A responsible person or the child support recovery unit may
request a hearing regarding a determination of support. If a timely
written request for a hearing is received, the administrator shall
certify the matter to the district court as follows:
a. If the child or children reside in Iowa, and the unit is
seeking an accruing obligation, in the county in which the dependent
child or children reside.
b. If the child or children received public assistance in Iowa,
and the unit is seeking only an accrued obligation, in the county in
which the dependent child or children last received public
assistance.
c. If the action is the result of a request from a foreign
jurisdiction to establish support by a responsible person located in
Iowa, in the county in which the responsible person resides.
2. The certification shall include true copies of the notice and
finding of financial responsibility or notice of the support debt
accrued and accruing, the return of service, the written objections
and request for hearing, and true copies of any administrative orders
previously entered.
3. The court shall set the matter for hearing and notify the
parties of the time and place of hearing.
4. The court shall establish the monthly child support payment
and the amount of the support debt accrued and accruing pursuant to
section 598.21B, or medical support pursuant to chapter 252E, or
both.
5. If a party fails to appear at the hearing, upon a showing of
proper notice to that party, the court shall find that party in
default and enter an appropriate order.
6. Actions initiated by the administrator under this chapter are
not subject to chapter 17A and resulting court hearings following
certification shall be an original hearing before the district court.
7. If a responsible person contests an action initiated under
this chapter by denying paternity, the following shall apply, as
necessary:
a. (1) If the prior determination of paternity is based on an
affidavit of paternity filed pursuant to section 252A.3A, or an
administrative order entered pursuant to chapter 252F, or an order by
the courts of this state, or by operation of law when the mother and
established father are or were married to each other, the provisions
of section 600B.41A are applicable.
(2) If the court determines that the prior determination of
paternity should not be overcome pursuant to section 600B.41A, and
that the responsible person has a duty to provide support, the court
shall enter an order establishing the monthly child support payment
and the amount of the support debt accrued and accruing pursuant to
section 598.21B, or medical support pursuant to chapter 252E, or
both.
b. If the prior determination of paternity is based on an
administrative or court order or other means, pursuant to the laws of
a foreign jurisdiction, an action to overcome the prior determination
of paternity shall be filed in that jurisdiction. Unless the
responsible person requests and is granted a stay of an action
initiated under this chapter to establish child or medical support,
the action shall proceed as otherwise provided by this chapter.
84 Acts, ch 1278, § 4; 89 Acts, ch 166, § 5; 89 Acts, ch 179, § 1;
90 Acts, ch 1224, § 22; 92 Acts, ch 1195, § 204; 93 Acts, ch 78, §9;
94 Acts, ch 1171, §21, 22; 95 Acts, ch 67, §19; 2005 Acts, ch 69,
§15, 16
Referred to in § 252C.5, 598.21B
252C.5 FILING AND DOCKETING OF FINANCIAL RESPONSIBILITY ORDER --
ORDER EFFECTIVE AS DISTRICT COURT DECREE.
1. A true copy of any order entered by the administrator pursuant
to this chapter, along with a true copy of the return of service, if
applicable, may be filed in the office of the clerk of the district
court in the manner established pursuant to section 252C.4,
subsection 1.
2. The administrator's order shall be presented, ex parte, to the
district court for review and approval. Unless defects appear on the
face of the order or on the attachments, the district court shall
approve the order. The approved order shall have all the force,
effect, and attributes of a docketed order or decree of the district
court.
3. Upon filing, the clerk shall enter the order in the judgment
docket.
4. If the responsible party appeals the order approved by the
court under this section, and the court on appeal establishes an
amount of support which is less than the amount of support
established under the approved order, the court, in the order issued
on appeal, shall reconcile the amounts due and shall provide that any
amount which represents the unpaid difference between the amount
under the approved order and the amount under the order of the court
on appeal is satisfied.
84 Acts, ch 1278, § 5; 89 Acts, ch 179, § 2; 92 Acts, ch 1195, §
504; 94 Acts, ch 1171, §23; 97 Acts, ch 175, § 54
Referred to in § 252C.3
252C.6 INTEREST ON SUPPORT DEBTS.
Interest accrues on support debts at the rate provided in section
535.3 for court judgments. The administrator may collect the accrued
interest but is not required to maintain interest balance accounts.
The department may waive payment of the interest if the waiver will
facilitate the collection of the support debt.
84 Acts, ch 1278, § 6
252C.7 EMPLOYERS -- ASSIGNMENTS OF EARNINGS. Repealed by 97
Acts, ch 175, § 55. See § 252D.17.
252C.8 TEMPORARY RESTRAINING ORDER OR BOND.
If the administrator reasonably believes that the responsible
person is not a resident of this state, is about to move from this
state, or is concealing the responsible person's whereabouts, or that
the responsible person has removed or is about to remove, secrete,
waste, or otherwise dispose of property which could be made subject
to collection procedures to satisfy the support debt, the
administrator may petition the district court for a temporary
restraining order barring the removal, secretion, waste, or disposal.
However, if the responsible person furnishes a bond satisfactory to
the court, the temporary restraining order shall be vacated.
84 Acts, ch 1278, § 8
252C.9 PREVAILING ORDERS. Repealed by 93 Acts, ch 79, §54.
252C.10 SCHEDULE OF MINIMUM SUPPORT GUIDELINES. Repealed by 89
Acts, ch 166, § 8. See § 598.21B.
252C.11 SECURITY FOR PAYMENT OF SUPPORT -- FORFEITURE.
Upon entry of a court order or upon the failure of a person to
make payments pursuant to a court order, the court may require the
person to provide security, a bond, or other guarantee which the
court determines is satisfactory to secure the payment of the support
obligation. Upon the person's failure to pay the support obligation
under the court order, the court may declare the security, bond, or
other guarantee forfeited.
85 Acts, ch 100, §2
252C.12 WAIVER OF TIME LIMITATIONS BY RESPONSIBLE PERSON.
1. A responsible person may waive the time limitations
established in section 252C.3.
2. Upon receipt of a signed statement from the responsible person
waiving the time limitations established in section 252C.3, the
administrator may proceed to enter an order for support and the court
may approve the order, whether or not the time limitations have
expired.
3. If a responsible person waives the time limitations
established in section 252C.3 and an order for support is entered
under this chapter, the signed statement of the responsible person
waiving the time limitations shall be filed with the order for
support.
92 Acts, ch 1195, § 205