CHAPTER 252H ADJUSTMENT AND MODIFICATION OF SUPPORT ORDERS
252H.1 PURPOSE AND INTENT.
This chapter is intended to provide a means for state compliance
with Title IV-D of the federal Social Security Act, as amended,
requiring states to provide procedures for the review and adjustment
of support orders being enforced under Title IV-D of the federal
Social Security Act, and also to provide an expedited modification
process when review and adjustment procedures are not required,
appropriate, or applicable. Actions under this chapter shall be
initiated only by the child support recovery unit.
93 Acts, ch 78, §24; 97 Acts, ch 175, §93
252H.2 DEFINITIONS.
As used in this chapter, unless the context otherwise requires,
"administrator", "caretaker", "court order", "department", "dependent
child", "medical support", and "responsible person" mean the same as
defined in section 252C.1.
As used in this chapter, unless the context otherwise requires:
1. "Act" means the federal Social Security Act.
2. "Adjustment" applies only to the child support provisions of a
support order and means either of the following:
a. A change in the amount of child support based upon an
application of the child support guidelines established pursuant to
section 598.21B.
b. An addition of or change to provisions for medical support as
defined in section 252E.1.
3. "Child" means a child as defined in section 252B.1.
4. "Child support agency" means any state, county, or local
office or entity of another state that has the responsibility for
providing child support enforcement services under Title IV-D of the
Act.
5. "Child support recovery unit" or "unit" means the child
support recovery unit created pursuant to section 252B.2.
6. "Cost-of-living alteration" means a change in an existing
child support order which equals an amount which is the amount of the
support obligation following application of the percentage change of
the consumer price index for all urban consumers, United States city
average, as published in the federal register by the federal
department of labor, bureau of labor statistics.
7. "Determination of controlling order" means the process of
identifying a child support order which must be recognized pursuant
to section 252K.207 and 28 U.S.C. § 1738B, when more than one state
has issued a support order for the same child and the same obligor.
Registration of a foreign order is not necessary for a court or the
unit to make a determination of controlling order.
8. "Modification" means either of the following:
a. A change, correction, or termination of an existing support
order.
b. The establishment of a child or medical support obligation in
a previously established order entered pursuant to chapter 234, 252A,
252C, 598, 600B, or any other support proceeding, in which such
support was not previously established, or in which support was
previously established and subsequently terminated prior to the
emancipation of the children affected.
9. "Parent" means, for the purposes of requesting a review of a
support order and for being entitled to notice under this chapter:
a. The individual ordered to pay support pursuant to the order.
b. An individual or entity entitled to receive current or future
support payments pursuant to the order, or pursuant to a current
assignment of support including but not limited to an agency of this
or any other state that is currently providing public assistance
benefits to the child for whom support is ordered and any child
support agency. Service of notice of an action initiated under this
chapter on an agency is not required, but the agency may be advised
of the action by other means.
10. "Public assistance" means benefits received in this state or
any other state, under Title IV-A (temporary assistance to needy
families), IV-E (foster care), or XIX (Medicaid) of the Act.
11. "Review" means an objective evaluation conducted through a
proceeding before a court, administrative body, or an agency, of
information necessary for the application of a state's mandatory
child support guidelines to determine:
a. The appropriate monetary amount of support.
b. Provisions for medical support.
12. "State" means "state" as defined in section 252K.101.
13. "Support order" means a "court order" as defined in section
252C.1 or an order establishing support entered pursuant to an
administrative or quasi-judicial process if authorized by law.
93 Acts, ch 78, §25; 93 Acts, ch 79, §47; 97 Acts, ch 175,
§94--96; 98 Acts, ch 1170, §35; 2002 Acts, ch 1018, §10; 2005 Acts,
ch 69, §20
Referred to in § 252B.1, 252I.4, 252J.1
252H.3 SCOPE OF THE ADMINISTRATIVE ADJUSTMENT OR MODIFICATION --
ROLE OF DISTRICT COURT IN CONTESTED CASES.
1. Any action initiated under this chapter, including any court
hearing resulting from an action, shall be limited in scope to the
adjustment or modification of the child or medical support or
cost-of-living alteration of the child support provisions of a
support order. A determination of a controlling order is within the
scope of this chapter. If the social security disability provisions
of sections 598.22 and 598.22C apply, a determination of the amount
of delinquent support due is within the scope of this chapter.
2. Nonsupport issues shall not be considered by the unit or the
court in any action resulting under this chapter.
3. Actions initiated by the unit under this chapter shall not be
subject to contested case proceedings or further review pursuant to
chapter 17A and resulting court hearings following certification
shall be an original hearing before the district court.
93 Acts, ch 78, §26; 97 Acts, ch 175, §97; 98 Acts, ch 1170, §36;
2002 Acts, ch 1018, §11
Referred to in § 252H.8
252H.4 ROLE OF THE CHILD SUPPORT RECOVERY UNIT.
1. The unit may administratively adjust or modify or may provide
for an administrative cost-of-living alteration of a support order
entered under chapter 234, 252A, 252C, 598, or 600B, or any other
support chapter if the unit is providing enforcement services
pursuant to chapter 252B. The unit is not required to intervene to
administratively adjust or modify or provide for an administrative
cost-of-living alteration of a support order under this chapter.
2. The unit is a party to an action initiated pursuant to this
chapter.
3. The unit shall conduct a review to determine whether an
adjustment is appropriate or, upon the request of a parent or upon
the unit's own initiative, determine whether a modification is
appropriate.
4. The unit shall adopt rules pursuant to chapter 17A to
establish the process for the review of requests for adjustment, the
criteria and procedures for conducting a review and determining when
an adjustment is appropriate, the procedure and criteria for a
cost-of-living alteration, the criteria and procedure for a request
for review pursuant to section 252H.18A, and other rules necessary to
implement this chapter.
5. Legal representation of the unit shall be provided pursuant to
section 252B.7, subsection 4.
93 Acts, ch 78, §27; 97 Acts, ch 175, §98
252H.5 FEES AND COST RECOVERY FOR REVIEW -- ADJUSTMENT --
MODIFICATION.
The unit shall, consistent with applicable federal law, charge the
following fees for providing the services described in this chapter:
1. A parent ordered to provide support, who requests a review of
a support order under subchapter II, shall file an application for
services and pay an application fee pursuant to section 252B.4.
2. A parent requesting a service shall pay the fee established
for that service as established under this subsection. The fees
established are not applicable to a parent who as a condition of
eligibility for receiving public assistance benefits has assigned the
rights to child or medical support for the order to be reviewed. The
following fees shall be paid for the following services:
a. A fee for conducting the review, to be paid at the time the
request for review is submitted to the unit. If the request for
review is denied for any reason, the fee shall be refunded to the
parent making the request. Any request submitted without full
payment of the fee shall be denied.
b. A fee for a second review requested pursuant to section
252H.17, to be paid at the time the request for the second review is
submitted to the unit. Any request submitted without full payment of
the fee shall be denied.
c. A fee for activities performed by the unit in association with
a court hearing requested pursuant to section 252H.8.
d. A fee for activities performed by the unit in entering an
administrative order to adjust support when neither parent requests a
court hearing pursuant to section 252H.8. The fee shall be paid
during the postreview waiting period under section 252H.17. If the
fee is not paid in full during the postreview notice period, further
action shall not be taken by the unit to adjust the order unless the
parent not requesting the adjustment pays the fee in full during the
postreview waiting period, or unless the children affected by the
order reviewed are currently receiving public assistance benefits and
the proposed adjustment would result in either an increase in the
amount of support or in provisions for medical support for the
children.
e. A fee for conducting a conference requested pursuant to
section 252H.20.
3. A parent who requests a review of a support order pursuant to
section 252H.13, shall pay any service of process fees for service or
attempted service of the notice required in section 252H.15. The
unit shall not proceed to conduct a review pursuant to section
252H.16 until service of process fees have been paid in full. The
service of process fee requirement of this subsection is not
applicable to a parent who as a condition of eligibility for public
assistance benefits has assigned the rights to child or medical
support for the order to be reviewed. Service of process fees
charged by a person other than the unit are distinct from any other
fees and recovery of costs provided for in this section.
4. The unit shall, consistent with applicable federal law,
recover administrative costs in excess of any fees collected pursuant
to subsections 1, 2, and 3 for providing services under this chapter
and shall adopt rules providing for collection of fees for
administrative costs.
5. The unit shall adopt rules pursuant to chapter 17A to
establish procedures and criteria to determine the amount of any fees
specified in this section and the administrative costs in excess of
these fees.
93 Acts, ch 78, §28
252H.6 COLLECTION OF INFORMATION.
The unit may request, obtain, and validate information concerning
the financial circumstances of the parents of a child as necessary to
determine the appropriate amount of support pursuant to the
guidelines established in section 598.21B, including but not limited
to those sources and procedures described in sections 252B.7A and
252B.9. The collection of information does not constitute a review
conducted pursuant to section 252H.16.
93 Acts, ch 78, §29; 97 Acts, ch 175, §99; 2005 Acts, ch 69, §21
252H.7 WAIVER OF NOTICE PERIODS AND TIME LIMITATIONS.
1. A parent may waive the thirty-day prereview waiting period
provided for in section 252H.16.
a. Upon receipt of signed requests from both parents waiving the
prereview waiting period, the unit may conduct a review of the
support order prior to the expiration of the thirty-day period
provided in section 252H.16.
b. If the parents jointly waive the prereview waiting period and
the order under review is subsequently adjusted, the signed
statements of both parents waiving the waiting period shall be filed
in the court record with the order adjusting the support obligation.
2. A parent may waive the postreview waiting period provided for
in section 252H.8, subsection 6, for a court hearing or in section
252H.17 for requesting of a second review.
a. Upon receipt of signed requests from both parents subject to
the order reviewed, waiving the postreview waiting period, the unit
may enter an administrative order adjusting the support order, if
appropriate, prior to the expiration of the postreview waiting
period.
b. If the parents jointly waive the postreview waiting period and
an administrative order to adjust the support order is entered, the
signed statements of both parents waiving the waiting period shall be
filed in the court record with the administrative order adjusting the
support obligation.
3. A parent may waive the time limitations established in section
252H.8, subsection 2, for requesting a court hearing, or in section
252H.20 for requesting a conference.
a. Upon receipt of signed requests from both parents who are
subject to the order to be modified, waiving the time limitations,
the unit may proceed to enter an administrative modification order.
b. If the parents jointly waive the time limitations and an
administrative modification order is entered under this chapter, the
signed statements of both parents waiving the time limitations shall
be filed in the court record with the administrative modification
order.
93 Acts, ch 78, §30
Referred to in § 252H.16
252H.8 CERTIFICATION TO COURT -- HEARING -- DEFAULT.
1. For actions initiated under subchapter II, either parent or
the unit may request a court hearing within thirty days from the date
of issuance of the notice of decision under section 252H.16, or
within ten days of the date of issuance of the second notice of
decision under section 252H.17, whichever is later.
2. For actions initiated under subchapter III, either parent or
the unit may request a court hearing within the latest of any of the
following time periods:
a. Twenty days from the date of successful service of the notice
of intent to modify required under section 252H.19.
b. Ten days from the date scheduled for a conference to discuss
the modification action.
c. Ten days from the date of issuance of a second notice of a
proposed modification action.
3. The time limitations for requesting a court hearing under this
section may be extended by the unit.
4. If a timely written request for a hearing is received by the
unit, a hearing shall be held in district court, and the unit shall
certify the matter to the district court in the county in which the
order subject to adjustment or modification is filed. The
certification shall include the following, as applicable:
a. Copies of the notice of intent to review or notice of intent
to modify.
b. The return of service, acceptance of service, or signed
statement by the parent requesting review and adjustment or
requesting modification, waiving service of the notice.
c. Copies of the notice of decision and any revised notice as
provided in section 252H.16.
d. Copies of any written objections to and request for a second
review or conference or hearing.
e. Copies of any second notice of decision issued pursuant to
section 252H.17, or second notice of proposed modification action
issued pursuant to section 252H.20.
f. Copies of any financial statements and supporting
documentation provided by the parents including proof of a
substantial change in circumstances for a request filed pursuant to
section 252H.18A.
g. Copies of any computation worksheet prepared by the unit to
determine the amount of support calculated using the mandatory child
support guidelines established under section 598.21B, and, if
appropriate and the social security disability provisions of sections
598.22 and 598.22C apply, a determination of the amount of delinquent
support due.
h. A certified copy of each order, issued by another state,
considered in determining the controlling order.
5. The court shall set the matter for hearing and notify the
parties of the time and place of the hearing.
6. For actions initiated under subchapter II, a hearing shall not
be held for at least thirty-one days following the date of issuance
of the notice of decision unless the parents have jointly waived, in
writing, the thirty-day postreview period.
7. Pursuant to section 252H.3, the district court shall review
the matter as an original hearing before the court.
8. Issues subject to review by the court in any hearing resulting
from an action initiated under this chapter shall be limited to the
issues identified in section 252H.3.
9. Notwithstanding any other law to the contrary, if more than
one support order exists involving children with the same legally
established parents, one hearing on all of the affected support
orders shall be held in the district court in the county where the
unit files the action. For the purposes of this subsection, the
district court hearing the matter shall have jurisdiction over all
other support orders entered by a court of this state and affected
under this subsection.
10. The court shall establish the amount of child support
pursuant to section 598.21B, or medical support pursuant to chapter
252E, or both.
11. If a party fails to appear at the hearing, upon a showing of
proper notice to the party, the court may find the party in default
and enter an appropriate order.
93 Acts, ch 78, §31; 96 Acts, ch 1141, § 1, 2; 97 Acts, ch 175,
§100; 98 Acts, ch 1170, §37; 2002 Acts, ch 1018, §12; 2004 Acts, ch
1116, §21; 2005 Acts, ch 69, §22, 23
Referred to in § 252H.5, 252H.7, 252H.9, 252H.11
252H.9 FILING AND DOCKETING OF ADMINISTRATIVE ADJUSTMENT OR
MODIFICATION ORDER -- ORDER EFFECTIVE AS DISTRICT COURT ORDER.
1. If timely request for a court hearing is not made pursuant to
section 252H.8, the unit shall prepare and present an administrative
order for adjustment or modification, as applicable, for review and
approval, ex parte, to the district court where the order to be
adjusted or modified is filed.
2. For orders to which subchapter II or III is applicable, the
unit shall determine the appropriate amount of the child support
obligation using the current child support guidelines established
pursuant to section 598.21B and the criteria established pursuant to
section 252B.7A and shall determine the provisions for medical
support pursuant to chapter 252E.
3. The administrative order prepared by the unit shall specify
all of the following:
a. The amount of support to be paid and the manner of payment.
b. The name of the custodian of any child for whom support is to
be paid.
c. The name of the parent ordered to pay support.
d. The name and birth date of any child for whom support is to be
paid.
e. 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 other methods of execution.
f. Provisions for medical support.
g. If applicable, the order determined to be the controlling
order.
h. If applicable, the amount of delinquent support due based upon
the receipt of social security disability payments as provided in
sections 598.22 and 598.22C.
4. Supporting documents as described in section 252H.8,
subsection 4, may be presented to the court with the administrative
order, as applicable.
5. Unless defects appear on the face of the order or on the
attachments, the district court shall approve the order. Upon
filing, the approved order shall have the same force, effect, and
attributes of an order of the district court.
6. Upon filing, the clerk of the district court shall enter the
order in the judgment docket and judgment lien index.
7. A copy of the order shall be sent by regular mail within
fourteen days after filing to each parent's last known address, or if
applicable, to the last known address of the parent's attorney.
8. The order is final, and action by the unit to enforce and
collect upon the order, including arrearages and medical support, or
both, may be taken from the date of the entry of the order by the
district court.
93 Acts, ch 78, §32; 97 Acts, ch 175, §101; 98 Acts, ch 1170, §38;
2002 Acts, ch 1018, §13; 2005 Acts, ch 69, §24
252H.10 EFFECTIVE DATE OF ADJUSTMENT -- MODIFICATION.
Pursuant to section 598.21C, any administrative or court order
resulting from an action initiated under this chapter may be made
retroactive only to the date that all parties were successfully
served the notice required under section 252H.15 or section 252H.19,
as applicable.
The periodic due date established under a prior order for payment
of child support shall not be changed in any order modified as a
result of an action initiated under this chapter, unless the child
support recovery unit or the court determines that good cause exists
to change the periodic due date. If the unit or the court determines
that good cause exists, the unit or the court shall include the
rationale for the change in the modified order and shall address the
issue of reconciliation of any payments due or made under a prior
order which would result in payment of the child support obligation
under both the prior and the modified orders.
93 Acts, ch 78, §33; 95 Acts, ch 115, §10; 2005 Acts, ch 69, §25
252H.11 CONCURRENT ACTIONS.
This chapter does not prohibit or affect the ability or right of a
parent or the parent's attorney to file a modification action at the
parent's own initiative. If a modification action is filed by a
parent concerning an order for which an action has been initiated but
has not yet been completed by the unit under this chapter, the unit
shall terminate any action initiated under this chapter, subject to
the following:
1. The modification action filed by the parent must address the
same issues as the action initiated under this chapter.
2. If the modification action filed by the parent is subsequently
dismissed before being heard by the court, the unit shall continue
the action previously initiated under subchapter II or III, or
initiate a new action as follows:
a. If the unit previously initiated an action under subchapter
II, and had not issued a notice of decision as required under section
252H.16, the unit shall proceed as follows:
(1) If notice of intent to review was served ninety days or less
prior to the date the modification action filed by the parent is
dismissed, the unit shall complete the review and issue the notice of
decision.
(2) If the modification action filed by the parent is dismissed
more than ninety days after the original notice of intent to review
was served, the unit shall serve or issue a new notice of intent to
review and conduct the review.
b. If the unit previously initiated an action under subchapter II
and had issued the notice of decision as required under section
252H.16, the unit shall proceed as follows:
(1) If the notice of decision was issued ninety days or less
prior to the date the modification action filed by the parent is
dismissed, the unit shall request, obtain, and verify any new or
different information concerning the financial circumstances of the
parents and issue a revised notice of decision to each parent, or if
applicable, to the parent's attorney.
(2) If the modification action filed by the parent is dismissed
more than ninety days after the date of issuance of the notice of
decision, the unit shall serve or issue a new notice of intent to
review pursuant to section 252H.15 and conduct a review pursuant to
section 252H.16.
c. If the unit previously initiated an action under subchapter
III, the unit shall proceed as follows:
(1) If the modification action filed by the parent is dismissed
more than ninety days after the original notice of intent to modify
was served, the unit shall serve a new notice of intent to modify
pursuant to section 252H.19.
(2) If the modification action filed by the parent is dismissed
ninety days or less after the original notice of intent to modify was
served, the unit shall complete the original modification action
initiated by the unit under this subchapter.
(3) Each parent shall be allowed at least twenty days from the
date the administrative modification action is reinstated to request
a court hearing as provided for in section 252H.8.
3. If an action initiated under this chapter is terminated as the
result of a concurrent modification action filed by one of the
parents or the parent's attorney, the unit shall advise each parent,
or if applicable, the parent's attorney, in writing, that the action
has been terminated and the provisions of subsection 2 of this
section for continuing or initiating a new action under this chapter.
The notice shall be issued by regular mail to the last known mailing
address of each parent, or if applicable, each parent's attorney.
4. If an action initiated under this chapter by the unit is
terminated as the result of a concurrent action filed by one of the
parents and is subsequently reinstated because the modification
action filed by the parent is dismissed, the unit shall advise each
parent, or if applicable, each parent's attorney, in writing, that
the unit is continuing the prior administrative adjustment or
modification action. The notice shall be issued by regular mail to
the last known mailing address of each parent, or if applicable, each
parent's attorney.
93 Acts, ch 78, §34; 97 Acts, ch 175, §102
252H.12 SUPPORT ORDERS SUBJECT TO REVIEW AND ADJUSTMENT.
A support order meeting all of the following conditions is
eligible for review and adjustment under this subchapter:
1. The support order is subject to the jurisdiction of this state
for the purposes of adjustment.
2. The support order provides for the ongoing support of at least
one child under the age of eighteen or a child between the ages of
eighteen and nineteen who has not yet graduated from high school but
who is reasonably expected to graduate from high school before
attaining the age of nineteen.
3. The ongoing support for at least one child described in
subsection 2 continues, under the terms of the order, beyond October
13, 1993.
4. The unit is providing enforcement services for the ongoing
support obligation pursuant to chapter 252B.
93 Acts, ch 78, §35
Referred to in § 252H.14
252H.13 RIGHT TO REQUEST REVIEW.
A parent shall have the right to request the review of a support
order for which the unit is currently providing enforcement services
of an ongoing child support obligation pursuant to chapter 252B
including by objecting to a cost-of- living alteration pursuant to
section 252H.24, subsections 1 and 2.
93 Acts, ch 78, §36; 97 Acts, ch 175, §103
Referred to in § 252H.5, 252H.15, 252H.24
252H.14 REVIEWS INITIATED BY THE CHILD SUPPORT RECOVERY UNIT.
1. The unit may periodically initiate a review of support orders
meeting the conditions in section 252H.12 in accordance with the
following:
a. The right to any ongoing child support obligation is currently
assigned to the state due to the receipt of public assistance.
b. The right to any ongoing medical support obligation is
currently assigned to the state due to the receipt of public
assistance unless:
(1) The support order already includes provisions requiring the
parent ordered to pay child support to also provide medical support.
(2) The parent entitled to receive support has satisfactory
health insurance coverage for the children, excluding coverage
resulting from the receipt of public assistance benefits.
c. The review is otherwise necessary to comply with the Act.
2. The unit may periodically initiate a request to a child
support agency of another state to conduct a review of a support
order entered in that state when the right to any ongoing child or
medical support obligation due under the order is currently assigned
to the state of Iowa.
3. The unit shall adopt rules establishing criteria to determine
the appropriateness of initiating a review.
4. The unit shall initiate reviews under this section in
accordance with the Act.
93 Acts, ch 78, §37; 97 Acts, ch 175, §104
252H.15 NOTICE OF INTENT TO REVIEW AND ADJUST.
1. Prior to conducting a review of a support order, the unit
shall issue a notice of intent to review and adjust to each parent,
or if applicable, to each parent's attorney. However, notice to a
child support agency or an agency entitled to receive child or
medical support payments as the result of an assignment of support
rights is not required.
2. Notice shall be served upon each parent in accordance with the
rules of civil procedure, except that a parent requesting a review
pursuant to section 252H.13 shall waive the right to personal service
of the notice in writing and accept service by regular mail. If the
service by regular mail does not occur within ninety days of the
written waiver of personal service, personal service of the notice is
required unless a new waiver of personal service is obtained.
3. The unit shall adopt rules pursuant to chapter 17A to ensure
that all of the following are included in the notice:
a. The legal basis and purpose of the action.
b. Information sufficient to identify the affected parties and
the support order or orders affected.
c. An explanation of the procedures for determining child support
and a request for financial or income information as necessary for
application of the child support guidelines established pursuant to
section 598.21B.
d. An explanation of the legal rights and responsibilities of the
affected parties, including the time frames in which the parties must
act.
e. Criteria for determining appropriateness of an adjustment and
a statement that the unit will use the child support guidelines
established pursuant to section 598.21B and the provisions for
medical support pursuant to chapter 252E to adjust the order.
f. Procedures for contesting the action.
g. An explanation of the right to request a court hearing, and
the applicable time frames and procedures to follow in requesting a
court hearing.
h. Other information as appropriate.
93 Acts, ch 78, §38; 2004 Acts, ch 1116, §22; 2005 Acts, ch 69,
§26
Referred to in § 252H.5, 252H.10, 252H.11, 252H.16
252H.16 CONDUCTING THE REVIEW -- NOTICE OF DECISION.
1. The unit shall conduct the review and determine whether an
adjustment is appropriate. As necessary, the unit shall make a
determination of the controlling order or the amount of delinquent
support due based upon the receipt of social security disability
payments as provided in sections 598.22 and 598.22C.
2. Unless both parents have waived the prereview notice period as
provided for in section 252H.7, the review shall not be conducted for
at least thirty days from the date both parents were successfully
served with the notice required in section 252H.15.
3. Upon completion of the review, the unit shall issue a notice
of decision by regular mail to the last known address of each parent,
or if applicable, each parent's attorney.
4. The unit shall adopt rules pursuant to chapter 17A to ensure
that all of the following are included in the notice:
a. Information sufficient to identify the affected parties and
the support order or orders affected.
b. A statement indicating whether the unit finds that an
adjustment is appropriate and the basis for the determination.
c. Other information, as appropriate.
5. A revised notice of decision shall be issued when the unit
receives or becomes aware of new or different information affecting
the results of the review after the notice of decision has been
issued and before the entry of an administrative order adjusting the
support order, when new or different information is not received in
conjunction with a request for a second review, or subsequent to a
request for a court hearing. If a revised notice of decision is
issued, the time frames for requesting a second review or court
hearing shall apply from the date of issuance of the revised notice.
93 Acts, ch 78, §39; 98 Acts, ch 1170, §39; 2002 Acts, ch 1018,
§14
Referred to in § 252H.5, 252H.6, 252H.7, 252H.8, 252H.11, 252H.17
252H.17 CHALLENGING THE NOTICE OF DECISION -- SECOND REVIEW --
NOTICE.
1. Each parent shall have the right to challenge the notice of
decision issued under section 252H.16, by requesting a second review
by the unit.
2. A challenge shall be submitted, in writing, to the local child
support office that issued the notice of decision, within ten days of
the issuance of the notice.
3. A parent challenging the notice of decision shall submit any
new or different information, not previously considered by the unit
in conducting the review, with the challenge and request for second
review.
4. A parent challenging the notice of decision shall submit any
required fees with the challenge. Any request submitted without full
payment of the required fee shall be denied.
5. If a timely challenge along with any necessary fee is
received, the unit shall issue by regular mail to the last known
address of each parent, or if applicable, to each parent's attorney,
a notice that a second review will be conducted. The unit shall
adopt rules pursuant to chapter 17A to ensure that all of the
following are included in the notice:
a. A statement of purpose of the second review.
b. Information sufficient to identify the affected parties and
the support order or orders affected.
c. A statement of the information that is eligible for
consideration at the second review.
d. The procedures and time frames in conducting and completing a
second review, including a statement that only one second review
shall be conducted as the result of a challenge received from either
or both parents.
e. An explanation of the right to request a court hearing, and
the applicable time frames and procedures to follow in requesting a
court hearing.
f. Other information, as appropriate.
6. The unit shall conduct a second review, utilizing any new or
additional information provided or available since issuance of the
notice of decision under section 252H.16, to determine whether an
adjustment is appropriate.
7. Upon completion of the review, the unit shall issue a second
notice of decision by regular mail to the last known address of each
parent, or if applicable, to each parent's attorney. The unit shall
adopt rules pursuant to chapter 17A to ensure that all of the
following are included in the notice:
a. Information sufficient to identify the affected parties and
the support order or orders affected.
b. The unit's finding resulting from the second review indicating
whether the unit finds that an adjustment is appropriate, the basis
for the determination, and the impact on the first review.
c. An explanation of the right to request a court hearing, and
the applicable time frames and procedures to follow in requesting a
court hearing.
d. Other information, as appropriate.
8. If the determination resulting from the first review is
revised or reversed by the second review, the following shall be
issued to each parent along with the second notice of decision and
the amount of any proposed adjustment:
a. Any updated or revised financial statements provided by either
parent.
b. A computation prepared by the local child support office
issuing the notice, demonstrating how the amount of support due under
the child support guidelines was calculated, and a comparison of the
newly computed amount with the current support obligation amount.
93 Acts, ch 78, §40; 96 Acts, ch 1141, § 3
Referred to in § 252H.5, 252H.7, 252H.8
252H.18 ORDERS SUBJECT TO ADMINISTRATIVE MODIFICATION.
An order meeting all of the following conditions is eligible for
administrative modification under this subchapter.
1. The order is subject to the jurisdiction of this state for the
purposes of modification.
2. The unit is providing services pursuant to chapter 252B.
3. The child was conceived or born during a marriage or paternity
has been legally established.
4. Review and adjustment services pursuant to subchapter II are
not required or are not applicable.
93 Acts, ch 78, §41
252H.18A REQUEST FOR REVIEW OUTSIDE APPLICABLE TIME FRAMES.
1. If a support order is not eligible for review and adjustment
because the support order is outside of the minimum time frames
specified by rule of the department, a parent may request a review
and administrative modification by submitting all of the following to
the unit:
a. A request for review of the support order which is outside of
the applicable time frames.
b. Verified documentation of a substantial change in
circumstances as specified by rule of the department.
2. Upon receipt of the request and all documentation required in
subsection 1, the unit shall review the request and documentation and
if appropriate shall issue a notice of intent to modify as provided
in section 252H.19.
3. Notwithstanding section 598.21C, for purposes of this section,
a substantial change in circumstances means there has been a change
of fifty percent or more in the income of a parent, and the change is
due to financial circumstances which have existed for a minimum
period of three months and can reasonably be expected to exist for an
additional three months.
97 Acts, ch 175, §105; 2005 Acts, ch 69, §27
Referred to in § 252H.4, 252H.8
252H.19 NOTICE OF INTENT TO MODIFY.
1. The unit shall issue a notice of intent to modify to each
parent. Notice to a child support agency or an agency entitled to
receive child or medical support payments as the result of an
assignment of support rights is not required.
2. The notice shall be served upon each parent in accordance with
the rules of civil procedure, except that a parent requesting
modification shall, at the time of the request, waive the right to
personal service of the notice in writing and accept service by
regular mail. The unit shall adopt rules pursuant to chapter 17A to
ensure that all of the following are included in the notice:
a. The legal basis and purpose of the action.
b. Information sufficient to identify the affected parties and
the support order or orders affected.
c. An explanation of the procedures for determining child support
and a request for financial or income information as necessary for
application of the child support guidelines established pursuant to
section 598.21B.
d. An explanation of the legal rights and responsibilities of the
affected parties, including the time frames in which the parties must
act.
e. Procedures for contesting the action through a conference or a
court hearing.
f. Other information, as appropriate.
93 Acts, ch 78, §42; 2004 Acts, ch 1116, §23; 2005 Acts, ch 69,
§28
Referred to in § 252H.8, 252H.10, 252H.11, 252H.18A
252H.20 CONFERENCE -- SECOND NOTICE AND FINDING OF FINANCIAL
RESPONSIBILITY.
1. Each parent shall have the right to request a conference with
the office of the unit that issued the notice of intent to modify.
The request may be made in person, in writing, or by telephone, and
shall be made within ten days of the date of successful service of
the notice of intent to modify.
2. A parent requesting a conference shall submit any required fee
no later than the date of the scheduled conference. A conference
shall not be held unless the required fee is paid in full.
3. Upon a request and full payment of any required fee, the
office of the unit that issued the notice of intent to modify shall
schedule a conference with the parent and advise the parent of the
date, time, place, and procedural aspects of the conference. The
unit shall adopt rules pursuant to chapter 17A to specify the manner
in which a conference is conducted and the purpose of the conference.
4. Following the conference, the office of the unit that
conducted the review shall issue a second notice of proposed
modification and finding of financial responsibility to the parent
requesting the conference. The unit shall adopt rules pursuant to
chapter 17A to ensure that all of the following are included in the
notice:
a. Information sufficient to identify the affected parties and
the support order or orders affected.
b. If the unit will continue or terminate the action.
c. Procedures for contesting the action and the applicable time
frames for actions by the parents.
d. Other information, as appropriate.
93 Acts, ch 78, §43
Referred to in § 252H.5, 252H.7, 252H.8
252H.21 PURPOSE -- INTENT -- EFFECT ON REQUIREMENTS FOR
GUIDELINES.
1. This subchapter is intended to provide a procedure to
accommodate a request of both parents to expeditiously change a
support order due to changes in the cost of living.
2. All of the following shall apply to a cost-of-living
alteration under this subchapter:
a. To the extent permitted under 42 U.S.C. §
666(a)(10)(A)(i)(II), the cost-of-living alteration shall be an
exception to any requirement under law for the application of the
child support guidelines established pursuant to section 598.21B,
including but not limited to any requirement in this chapter or
chapter 234, 252A, 252B, 252C, 252F, 598, or 600B.
b. The cost-of-living alteration shall not prevent any subsequent
modification or adjustment to the support order as otherwise provided
in law based on application of the child support guidelines.
c. The calculation of a cost-of-living alteration to a child
support order shall be compounded as follows:
(1) Increase or decrease the child support order by the
percentage change of the appropriate consumer price index for the
month and year after the month and year the child support order was
last issued, modified, adjusted, or altered.
(2) Increase or decrease the amount of the child support order
calculated in subparagraph (1) for each subsequent year by applying
the appropriate consumer price index for each subsequent year to the
result of the calculation for the previous year. The final year in
the calculation shall be the year immediately preceding the year the
unit received the completed request for the cost-of-living
alteration.
d. The amount of the cost-of-living alteration in the notice in
section 252H.24, subsection 1, shall be the result of the calculation
in paragraph "c".
97 Acts, ch 175, §106; 2005 Acts, ch 69, §29
252H.22 SUPPORT ORDERS SUBJECT TO COST-OF-LIVING ALTERATION.
A support order meeting all of the following conditions is
eligible for a cost-of-living alteration under this subchapter.
1. The support order is subject to the jurisdiction of this state
for the purposes of a cost-of-living alteration.
2. The support order provides for the ongoing support of at least
one child under the age of eighteen or a child between the ages of
eighteen and nineteen who has not yet graduated from high school but
who is reasonably expected to graduate from high school before
attaining the age of nineteen.
3. The unit is providing enforcement services for the ongoing
support obligation pursuant to chapter 252B.
4. A parent requests a cost-of-living alteration as provided in
section 252H.23.
5. The support order addresses medical support for the child.
6. The support order is not subject to the social security
disability provisions pursuant to sections 598.22 and 598.22C.
97 Acts, ch 175, §107; 2002 Acts, ch 1018, §15
252H.23 RIGHT TO REQUEST COST-OF-LIVING ALTERATION.
A parent may request a cost-of-living alteration by submitting all
of the following to the unit:
1. A written request for a cost-of-living alteration to the
support order signed by the parent making the request.
2. A statement signed by the nonrequesting parent agreeing to the
cost-of-living alteration to the support order.
3. A statement signed by each parent waiving that parent's right
to personal service and accepting service by regular mail.
4. Other documentation specified by rule of the department.
97 Acts, ch 175, §108
Referred to in § 252H.22
252H.24 ROLE OF THE CHILD SUPPORT RECOVERY UNIT -- FILING AND
DOCKETING OF COST-OF-LIVING ALTERATION ORDER -- ORDER EFFECTIVE AS
DISTRICT COURT ORDER.
1. Upon receipt of a request and required documentation for a
cost-of-living alteration, the unit shall issue a notice of the
amount of cost-of-living alteration by regular mail to the last known
address of each parent, or, if applicable, each parent's attorney.
The notice shall include all of the following:
a. A statement that either parent may contest the cost-of- living
alteration within thirty days of the date of the notice by making a
request for a review of a support order as provided in section
252H.13, and if either parent does not make a request for a review
within thirty days, the unit shall prepare an administrative order as
provided in subsection 4.
b. A statement that the parent may waive the thirty-day notice
waiting period provided for in this section.
2. Upon timely receipt of a request and required documentation
for a review of a support order as provided in subsection 1 from
either parent, the unit shall terminate the cost-of-living alteration
process and apply the provisions of subchapters I and II of this
chapter relating to review and adjustment.
3. Upon receipt of signed requests from both parents subject to
the support order, waiving the notice waiting period, the unit may
prepare an administrative order pursuant to subsection 4 altering the
support obligation.
4. If timely request for a review pursuant to section 252H.13 is
not made, and if the thirty-day notice waiting period has expired, or
if both parents have waived the notice waiting period, the unit shall
prepare and present an administrative order for a cost-of-living
alteration, ex parte, to the district court where the order to be
altered is filed.
5. Unless defects appear on the face of the administrative order
or on the attachments, the district court shall approve the order.
Upon filing, the approved order shall have the same force, effect,
and attributes of an order of the district court.
6. Upon filing, the clerk of the district court shall enter the
order in the judgment docket and judgment lien index.
7. If the parents jointly waive the thirty-day notice waiting
period, the signed statements of both parents waiving the notice
period shall be filed in the court record with the administrative
order altering the support obligation.
8. The unit shall send a copy of the order by regular mail to
each parent's last known address, or, if applicable, to the last
known address of the parent's attorney.
9. An administrative order approved by the district court is
final, and action by the unit to enforce and collect upon the order
may be taken from the date of the entry of the order by the district
court.
97 Acts, ch 175, §109
Referred to in § 252H.13, 252H.21, 598.21C