CHAPTER 252D SUPPORT PAYMENTS - INCOME WITHHOLDING
252D.1 DELINQUENT SUPPORT PAYMENTS.
If support payments ordered under chapter 232, 234, 252A, 252C,
252D, 252E, 252F, 598, 600B, or any other applicable chapter, or
under a comparable statute of a foreign jurisdiction, as certified to
the child support recovery unit established in section 252B.2, are
not paid to the clerk of the district court or the collection
services center pursuant to section 598.22 and become delinquent in
an amount equal to the payment for one month, the child support
recovery unit may enter an ex parte order or, upon application of a
person entitled to receive the support payments, the district court
may enter an ex parte order, notifying the person whose income is to
be withheld, of the delinquent amount, of the amount of income to be
withheld, and of the procedure to file a motion to quash the order
for income withholding, and ordering the withholding of specified
sums to be deducted from the delinquent person's income as defined in
section 252D.16 sufficient to pay the support obligation and, except
as provided in section 598.22, requiring the payment of such sums to
the clerk of the district court or the collection services center.
Beginning October 1, 1999, all income withholding payments shall be
paid to the collection services center. Notification of income
withholding shall be provided to the obligor and to the payor of
income pursuant to section 252D.17.
84 Acts, ch 1239, § 1; 85 Acts, ch 100, § 3; 85 Acts, ch 178, § 2;
86 Acts, ch 1191, § 1; 86 Acts, ch 1245, § 1421; 86 Acts, ch 1246, §
317, 323; 88 Acts, ch 1218, § 4; 90 Acts, ch 1224, § 24; 90 Acts, ch
1253, § 120; 92 Acts, ch 1195, § 104; 93 Acts, ch 78, §10; 93 Acts,
ch 79, §45; 97 Acts, ch 175, § 56; 98 Acts, ch 1170, §7
Referred to in § 252D.3
252D.2 Repealed by 97 Acts, ch 175, § 69. See § 252D.31.
252D.3 NOTICE OF INCOME WITHHOLDING.
All orders for support entered on or after July 1, 1984, shall
notify the person ordered to pay support of the mandatory withholding
of income required under section 252D.1. However, this subchapter is
sufficient notice of implementation of mandatory withholding of
income under section 252D.1 without any further notice.
84 Acts, ch 1239, § 3; 85 Acts, ch 100, §4; 97 Acts, ch 175, § 57;
2005 Acts, ch 112, §8
252D.4 THROUGH 252D.7 Repealed by 90 Acts, ch 1123, § 14. See §
252D.18--252D.21.
252D.8 PERSONS SUBJECT TO IMMEDIATE INCOME WITHHOLDING.
1. In a support order issued or modified on or after November 1,
1990, for which services are being provided by the child support
recovery unit, and in any support orders issued or modified after
January 1, 1994, for which services are not provided by the child
support recovery unit, the income of a support obligor is subject to
withholding, on the effective date of the order, regardless of
whether support payments by the obligor are in arrears. If services
are being provided pursuant to chapter 252B, the child support
recovery unit may enter an ex parte order for an immediate
withholding of income. The district court may enter an ex parte
order for immediate income withholding for cases in which the child
support recovery unit is not providing services. The income of the
obligor is subject to immediate withholding unless one of the
following occurs:
a. One of the parties demonstrates and the court or child support
recovery unit finds there is good cause not to require immediate
withholding. A finding of good cause shall be based on, at a
minimum, written findings and conclusions by the court or
administrative authority as to why implementing immediate withholding
would not be in the best interests of the child. In cases involving
modifications, the findings shall also include proof of timely
payment of previously ordered support.
b. A written agreement is reached between both parties which
provides for an alternative arrangement. If the support payments
have been assigned to the department of human services pursuant to
chapter 234 or 239B, or a comparable statute of another jurisdiction,
the department shall be considered a party to the support order, and
a written agreement pursuant to this section to waive immediate
withholding is void unless approved by the child support recovery
unit. Any agreement existing at the time an assignment of support is
made pursuant to chapter 234 or 239B or pursuant to a comparable
statute of another jurisdiction shall not prevent the child support
recovery unit from implementing immediate withholding.
2. For an order not requiring immediate withholding, income of an
obligor is subject to immediate withholding, without regard to
whether there is an arrearage, on the earliest of the following:
a. The date the obligor requests that the withholding begin.
b. The date the custodial parent or party to the proceeding
requests that the withholding begin, if the request is approved by
the district court or, in cases in which services are being provided
pursuant to chapter 252B, if the child support recovery unit approves
the request.
90 Acts, ch 1123, §1; 93 Acts, ch 78, §11; 94 Acts, ch 1171, §24;
97 Acts, ch 41, § 32
Referred to in § 252D.31
252D.9 SUMS SUBJECT TO IMMEDIATE WITHHOLDING.
Specified sums shall be deducted from the obligor's income
sufficient to pay the support obligation and any judgment established
or delinquency accrued under the support order. The amount withheld
pursuant to an income withholding order or notice of order for income
withholding shall not exceed the amount specified in 15 U.S.C. §
1673(b).
90 Acts, ch 1123, § 2; 92 Acts, ch 1195, § 206; 97 Acts, ch 175, §
58
252D.10 NOTICE OF IMMEDIATE INCOME WITHHOLDING.
An order for support entered after November 1, 1990, shall contain
the notice of immediate income withholding. However, this subchapter
is sufficient notice for implementation of immediate income
withholding without any further notice.
90 Acts, ch 1123, §3; 97 Acts, ch 175, § 59; 2005 Acts, ch 112, §9
252D.11 Repealed by 97 Acts, ch 175, § 69. See § 252D.31.
252D.12 THROUGH 252D.14 Repealed by 93 Acts, ch 78, §47. See
§252D.17 and 252D.18.
252D.15 Reserved.
252D.16 DEFINITIONS.
As used in this chapter, unless the context otherwise requires:
1. "Income" means all of the following:
a. Any periodic form of payment due an individual, regardless of
source, including but not limited to wages, salaries, commissions,
bonuses, workers' compensation, disability payments, payments
pursuant to a pension or retirement program, and interest.
b. A sole payment or lump sum as provided in section 252D.18C,
including but not limited to payment from an estate including
inheritance, or payment for personal injury or property damage.
c. Irregular income as defined in section 252D.18B.
2. "Payor of income" or "payor" means and includes, but is not
limited to, an obligor's employer, trustee, the state of Iowa and all
governmental subdivisions and agencies and any other person from whom
an obligor receives income.
3. "Support" or "support payments" means any amount which the
court or administrative agency may require a person to pay for the
benefit of a child under a temporary order or a final judgment or
decree entered under chapter 232, 234, 252A, 252C, 252F, 252H, 598,
600B, or any other comparable chapter, and may include child support,
maintenance, medical support as defined in chapter 252E, spousal
support, and any other term used to describe these obligations.
These obligations may include support for a child of any age who is
dependent on the parties to the dissolution proceedings because of
physical or mental disability. The obligations may include support
for a child eighteen or more years of age with respect to whom a
child support order has been issued pursuant to the laws of a foreign
jurisdiction. These obligations shall not include amounts for a
postsecondary education subsidy as defined in section 598.1.
97 Acts, ch 175, §60; 2005 Acts, ch 112, §10
Referred to in § 8A.222, 84A.5, 252B.1, 252B.13A, 252B.14,
252B.24, 252D.1, 252D.16A, 252I.1, 252J.1, 627.11, 627.12
252D.16A INCOME WITHHOLDING ORDER -- CHILD SUPPORT RECOVERY UNIT.
If support payments are ordered under this chapter, chapter 232,
234, 252A, 252C, 252E, 252F, 252H, 598, 600B, or any other applicable
chapter, or under a comparable statute of a foreign jurisdiction, and
if income withholding relative to such support payments is allowed
under this chapter, the child support recovery unit may enter an ex
parte order notifying the person whose income is to be withheld of
the procedure to file a motion to quash the order for income
withholding, and ordering the withholding of sums to be deducted from
the delinquent person's income as defined in section 252D.16
sufficient to pay the support obligation and requiring the payment of
such sums to the collection services center. The child support
recovery unit shall include the amount of any delinquency and the
amount to be withheld in the notice provided to the obligor pursuant
to section 252D.17A. Notice of income withholding shall be provided
to the obligor and to the payor of income pursuant to sections
252D.17 and 252D.17A.
2006 Acts, ch 1119, §3, 11
Section is retroactively applicable to support orders and income
withholding orders entered or pending before July 1, 2006;
interpretation of existing rules of the department of human services
pending adoption of amendments to conform to changes made in 2006
Acts, ch 1119; 2006 Acts, ch 1119, §11
252D.17 NOTICE TO PAYOR OF INCOME -- DUTIES AND LIABILITY --
CRIMINAL PENALTY.
The district court shall provide notice by sending a copy of the
order for income withholding or a notice of the order for income
withholding to the obligor and the obligor's payor of income by
regular mail, with proof of service completed according to rule of
civil procedure 1.442. The child support recovery unit shall provide
notice of the income withholding order by sending a notice of the
order to the obligor's payor of income by regular mail or by
electronic means. Proof of service may be completed according to
rule of civil procedure 1.442. The child support recovery unit's
notice of the order may be sent to the payor of income on the same
date that the order is sent to the clerk of court for filing. In all
other instances, the income withholding order shall be filed with the
clerk of court prior to sending the notice of the order to the payor
of income. In addition to the amount to be withheld for payment of
support, the order or the notice of the order shall be in a standard
format as prescribed by the unit and shall include all of the
following information regarding the duties of the payor in
implementing the withholding order:
1. The withholding order or notice of the order for income
withholding for child support or child support and spousal support
has priority over a garnishment or an assignment for any other
purpose.
2. As reimbursement for the payor's processing costs, the payor
may deduct a fee of no more than two dollars for each payment in
addition to the amount withheld for support. The payor of income is
not required to vary the payroll cycle to comply with the frequency
of payment of a support order.
3. The amount withheld for support, including the processing fee,
shall not exceed the amounts specified in 15 U.S.C. § 1673(b).
4. The income withholding order is binding on an existing or
future payor of income ten days after receipt of the copy of the
order or the notice of the order, and is binding whether or not the
copy of the order received is file-stamped.
5. The payor shall send the amounts withheld to the collection
services center or the clerk of the district court pursuant to
section 252B.14 within seven business days of the date the obligor is
paid. "Business day" means a day on which state offices are open for
regular business.
6. The payor may combine amounts withheld from the obligors'
income in a single payment to the clerk of the district court or to
the collection services center, as appropriate. Whether combined or
separate, payments shall be identified by the name of the obligor,
account number, amount, and the date withheld. If payments for
multiple obligors are combined, the portion of the payment
attributable to each obligor shall be specifically identified.
7. The withholding is binding on the payor until further notice
by the court or the child support recovery unit.
8. If the payor, with actual knowledge and intent to avoid legal
obligation, fails to withhold income or to pay the amounts withheld
to the collection services center or the clerk of court in accordance
with the provisions of the order, the notice of the order, or the
notification of payors of income provisions established in section
252B.13A, the payor commits a simple misdemeanor for a first offense
and is liable for the accumulated amount which should have been
withheld, together with costs, interest, and reasonable attorney fees
related to the collection of the amounts due from the payor. For
each subsequent offense prescribed under this subsection, the payor
commits a serious misdemeanor and is liable for the accumulated
amount which should have been withheld, together with costs,
interest, and reasonable attorney fees related to the collection of
the amounts due from the payor.
9. The payor shall promptly notify the court or the child support
recovery unit when the obligor's employment or other income
terminates, and provide the obligor's last known address and the name
and address of the obligor's new employer, if known.
10. Any payor who discharges an obligor, refuses to employ an
obligor, or takes disciplinary action against an obligor based upon
income withholding is guilty of a simple misdemeanor. A withholding
order or the notice of the order for income withholding has the same
force and effect as any other district court order, including, but
not limited to, contempt of court proceedings for noncompliance.
11. a. Beginning July 1, 1997, if a payor of income does business
in another state through a registered agent and receives a notice of
income withholding issued by another state the payor shall, and
beginning January 1, 1998, any payor of income shall withhold funds
as directed in a notice issued by another state, except that a payor
of income shall follow the laws of the obligor's principal place of
employment when determining all of the following:
(1) The payor's fee for processing an income withholding payment.
(2) The maximum amount permitted to be withheld from the
obligor's income.
(3) The time periods for implementing the income withholding
order and forwarding the support payments.
(4) The priorities for withholding and allocating income withheld
for multiple child support obligees.
(5) Any withholding terms or conditions not specified in the
order.
b. A payor of income who complies with an income withholding
notice that is regular on its face shall not be subject to any civil
liability to any individual or agency for conduct in compliance with
the notice.
12. The payor of income shall comply with chapter 252K when
receiving a notice of income withholding from another state.
93 Acts, ch 78, §12; 95 Acts, ch 52, § 5, 6; 96 Acts, ch 1141, §
10, 11; 97 Acts, ch 175, § 61, 70, 72; 98 Acts, ch 1170, §8; 2000
Acts, ch 1125, §2, 4; 2006 Acts, ch 1119, §4
Referred to in § 252D.1, 252D.16A, 252D.18, 252D.18A
252D.17A NOTICE TO OBLIGOR OF IMPLEMENTATION OF INCOME
WITHHOLDING ORDER.
The child support recovery unit or the district court shall send a
notice of the income withholding order to the obligor at the time the
notice is sent to the payor of income.
97 Acts, ch 175, §62
Referred to in § 252D.16A, 252D.18
252D.18 MODIFICATION OR TERMINATION OF WITHHOLDING.
1. The court or the child support recovery unit may, by ex parte
order, modify a previously entered income withholding order if the
court or the unit determines any of the following:
a. There has been a change in the amount of the current support
obligation.
b. The amount required to be withheld under the income
withholding order is in error.
c. Any past due support debt has been paid in full. Should a
delinquency later accrue, the withholding order may be modified to
secure payment toward the delinquency.
d. There has been a change in the rules adopted by the department
pursuant to chapter 17A regarding the amount of income to be withheld
to pay a delinquency.
2. The child support recovery unit may modify an amount specified
in an income withholding order or notice of income withholding by
providing notice to the payor of income and the obligor pursuant to
sections 252D.17 and 252D.17A.
3. The court or the child support recovery unit may, by ex parte
order, terminate an income withholding order when the current support
obligation has terminated and when the delinquent support obligation
has been fully satisfied as applicable to all of the children covered
by the income withholding order.
4. In no case shall payment of overdue support be the sole basis
for termination of withholding.
90 Acts, ch 1123, § 8; 91 Acts, ch 177, § 6; 92 Acts, ch 1195, §
106; 93 Acts, ch 78, §13; 98 Acts, ch 1170, §44; 2006 Acts, ch 1119,
§5, 11
Subsection 2 is retroactively applicable to support orders and
income withholding orders entered or pending before July 1, 2006;
interpretation of existing rules of the department of human services
pending adoption of amendments to conform to changes made in 2006
Acts, ch 1119; 2006 Acts, ch 1119, §11
252D.18A MULTIPLE INCOME WITHHOLDING ORDERS -- AMOUNTS WITHHELD
BY PAYOR.
When the obligor is responsible for paying more than one support
obligation and the payor of income has received more than one income
withholding order or notice of an order for the obligor, the payor
shall withhold amounts in accordance with all of the following:
1. The total of all amounts withheld shall not exceed the amounts
specified in 15 U.S.C. § 1673(b). For orders or notices issued by
the child support recovery unit, the limit for the amount to be
withheld shall be specified in the order or notice.
2. As reimbursement for the payor's processing costs, the payor
may deduct a fee of no more than two dollars for each payment
withheld in addition to the amount withheld for support.
3. Priority shall be given to the withholding of current support
rather than delinquent support. The payor shall not allocate amounts
withheld in a manner which results in the failure to withhold an
amount for one or more of the current support obligations.
a. To arrive at the amount to be withheld for each obligee, the
payor shall total the amounts due for current support under the
income withholding orders and the notices of orders and determine the
proportionate share for each obligee. The proportionate share shall
be determined by dividing the amount due for current support for each
order or notice of order by the total due for current support for all
orders and notices of orders. The results are the percentages of the
obligor's net income which shall be withheld for each obligee.
b. If, after completing the calculation in paragraph "a", the
withholding limit specified under subsection 1 has not been attained,
the payor shall total the amounts due for arrearages and determine
the proportionate share for each obligee. The proportionate share
amounts shall be established utilizing the procedures established in
paragraph "a" for current support obligations.
4. The payor shall identify and report payments by the obligor's
name, account number, amount, and date withheld pursuant to section
252D.17. Until October 1, 1999, if payments for multiple obligees
are combined, the portion of the payment attributable to each obligee
shall be specifically identified. Beginning October 1, 1999, if
payments for multiple obligees are combined, the portion of the
payment attributable to each obligee shall be specifically identified
only if the payor is directed to do so by the child support recovery
unit.
93 Acts, ch 78, §14; 96 Acts, ch 1141, § 12, 13; 97 Acts, ch 175,
§ 63, 64; 98 Acts, ch 1170, §9; 2002 Acts, ch 1018, §1, 2
252D.18B IRREGULAR INCOME.
When payment of income is irregular, and an order for immediate or
mandatory income withholding has been entered by the child support
recovery unit or the district court, the income payor shall withhold
income equal to the total that would have been withheld had there
been regular monthly income. The amounts withheld shall not exceed
the amounts specified in 15 U.S.C. § 1673(b). For the purposes of
this section, an income source is irregular when there are periods in
excess of one month during which the income payor makes no payment to
the obligor and the periods are not the result of termination or
suspension of employment.
93 Acts, ch 78, §15
Referred to in § 252D.16
252D.18C WITHHOLDING FROM LUMP SUM PAYMENTS.
The child support recovery unit or the district court may enter an
ex parte order for income withholding when the obligor is paid by a
lump sum income source. When a sole payment is made or payment
occurs at two-month or greater intervals, the withholding order may
include all current and delinquent support due through the current
month, but shall not exceed the amounts specified in 15 U.S.C. §
1673(b).
93 Acts, ch 78, §16
Referred to in § 252D.16
252D.19 OTHER REMEDIES.
The remedies provided in this chapter do not exclude the use of
other civil or criminal remedies in enforcing support obligations.
90 Acts, ch 1123, §9
252D.19A DISPARITY BETWEEN ORDER AND PAY DATES -- NOT DELINQUENT.
1. An obligor whose support payments are automatically withheld
from the obligor's paycheck shall not be delinquent or in arrears if
all of the following conditions are met:
a. Any delinquency or arrearage is caused solely by a disparity
between the schedules of the obligor's regular pay dates and the
scheduled date the support is due.
b. The amount calculated to be withheld is such that the total
amount of current support to be withheld from the paychecks of the
obligor and the amount ordered to be paid in the support order are
the same on an annual basis.
c. The automatic deductions for support are continuous and
occurring.
2. If the unit takes an enforcement action during a calendar year
against an obligor and the obligor is not delinquent or in arrears
solely due to the applicability of this section to the obligor, upon
discovering the circumstances, the unit shall promptly discontinue
the enforcement action.
97 Acts, ch 175, §65
252D.20 ADMINISTRATION OF INCOME WITHHOLDING PROCEDURES.
The child support recovery unit is designated as the entity of the
state to administer income withholding in accordance with the
procedures specified for keeping adequate records to document, track,
and monitor support payments on cases subject to Title IV-D of the
federal Social Security Act. Until October 1, 1999, the clerks of
the district court are designated as the entities for administering
income withholding on cases which are not subject to Title IV-D.
Beginning October 1, 1999, the collection services center is
designated as the entity for administering income withholding for
cases which are not subject to Title IV-D. The collection services
center's responsibilities for administering income withholding in
cases not subject to Title IV-D are limited to the receipt,
recording, and disbursement of income withholding payments and to
responding to requests for information on the current status of
support payments pursuant to section 252B.13A. Notwithstanding
section 622.53, in cases where the court or the child support
recovery unit is enforcing a foreign judgment through income
withholding, a certified copy of the underlying judgment is
sufficient proof of authenticity.
90 Acts, ch 1123, § 10; 92 Acts, ch 1195, § 404; 98 Acts, ch 1170,
§10
252D.21 PENALTY FOR MISREPRESENTATION.
A person who knowingly makes a false statement or representation
of a material fact or knowingly fails to disclose a material fact in
order to secure an income withholding order or notice of income
withholding against another person and to receive support payments or
additional support payments pursuant to this chapter, is guilty, upon
conviction, of a serious misdemeanor.
90 Acts, ch 1123, §11; 97 Acts, ch 175, § 66
252D.22 RULES.
The department shall adopt the administrative rules necessary to
implement the provisions of this chapter as they pertain to the
operations of the child support recovery unit.
90 Acts, ch 1123, §12
252D.23 FILING OF WITHHOLDING ORDER -- ORDER EFFECTIVE AS
DISTRICT COURT ORDER.
An income withholding order entered by the child support recovery
unit pursuant to this chapter shall be filed with the clerk of the
district court. In lieu of any signature on the order which may
otherwise be required by law or rule, the order shall have affixed
the name and address of the appropriate child support office. For
the purposes of demonstrating compliance by the payor of income, the
copy of the withholding order or the notice of the order received,
whether or not the copy of the order is file-stamped, shall have all
the force, effect, and attributes of a docketed order of the district
court including, but not limited to, availability of contempt of
court proceedings against a payor of income for noncompliance.
However, any information contained in the income withholding order or
the notice of the order related to the amount of the accruing or
accrued support obligation which does not reflect the correct amount
of support due does not modify the underlying support judgment.
92 Acts, ch 1195, § 207; 94 Acts, ch 1171, §25; 95 Acts, ch 52,
§7; 96 Acts, ch 1141, § 14; 97 Acts, ch 175, § 67; 99 Acts, ch 127,
§2
252D.24 APPLICABILITY TO SUPPORT ORDERS OF FOREIGN JURISDICTIONS.
1. An income withholding order may be entered to enforce a
support order of a foreign jurisdiction. The foreign support order
may be entered and filed with the clerk of the district court at the
time the income withholding order is entered. Entry of the foreign
support order under this subsection does not constitute registration
of the order.
2. Income withholding for a support order issued by a foreign
jurisdiction is governed by chapter 252K, article 5 or 6, and this
chapter, as appropriate.
93 Acts, ch 78, §17; 97 Acts, ch 175, § 71; 2005 Acts, ch 112, §11
252D.25 LIMITATIONS ON SCOPE OF PROCEEDINGS.
1. Issues related to visitation, custody, or other provisions not
related to the support provisions of a support order are not grounds
for a motion to quash, revoke, suspend, or stay a withholding order.
2. Support orders shall not be modified under a motion to quash a
withholding order.
93 Acts, ch 78, §18
252D.26 THROUGH 252D.29 Reserved.
252D.30 EX PARTE ORDER -- PROVISIONS FOR MEDICAL SUPPORT.
An ex parte order entered under this chapter may also include
provisions for enforcement of medical support when medical support
provisions are included in the support order. The ex parte order may
require income withholding of a dollar amount for medical support or
implementation of provision for dependent coverage under a health
benefit plan pursuant to chapter 252E.
93 Acts, ch 78, §19
252D.31 MOTION TO QUASH.
An obligor under this chapter may move to quash an income
withholding order or a notice of income withholding by filing a
motion to quash with the clerk of court.
1. Grounds for contesting a withholding order under this chapter
include all of the following:
a. A mistake of fact, which for purposes of this chapter means an
error in the amount withheld or the amount of the withholding or the
identity of the obligor.
b. For immediate withholding only, the conditions for exception
to immediate income withholding as defined under section 252D.8
existed at the time of implementation of the withholding.
2. The clerk of the district court shall schedule a hearing on
the motion to quash for a time not later than seven days after the
filing of the motion to quash and the notice of the motion to quash.
The clerk shall mail to the parties copies of the motion to quash,
the notice of the motion to quash, and the order scheduling the
hearing.
3. The payor shall withhold and transmit the amount specified in
the order or notice of the order of income withholding to the clerk
of the district court or the collection services center, as
appropriate, until the notice that a motion to quash has been granted
is received.
97 Acts, ch 175, §68
Referred to in § 252E.6A