CHAPTER 252K UNIFORM INTERSTATE FAMILY SUPPORT ACT
252K.101 DEFINITIONS.
In this chapter:
1. "Child" means an individual, whether over or under the age of
majority, who is or is alleged to be owed a duty of support by the
individual's parent or who is or is alleged to be the beneficiary of
a support order directed to the parent.
2. "Child support order" means a support order for a child,
including a child who has attained the age of majority under the law
of the issuing state.
3. "Duty of support" means an obligation imposed or imposable by
law to provide support for a child, spouse, or former spouse,
including an unsatisfied obligation to provide support.
4. "Home state" means the state in which a child lived with a
parent or a person acting as parent for at least six consecutive
months immediately preceding the time of filing of a petition or
comparable pleading for support and, if a child is less than six
months old, the state in which the child lived from birth with any of
them. A period of temporary absence of any of them is counted as
part of the six-month or other period.
5. "Income" includes earnings or other periodic entitlements to
money from any source and any other property subject to withholding
for support under the law of this state.
6. "Income withholding order" means an order or other legal
process directed to an obligor's employer or other payor of income,
as defined by the income withholding law of this state, to withhold
support from the income of the obligor.
7. "Initiating state" means a state from which a proceeding is
forwarded or in which a proceeding is filed for forwarding to a
responding state under this chapter or a law or procedure
substantially similar to this chapter, the Uniform Reciprocal
Enforcement of Support Act, or the Revised Uniform Reciprocal
Enforcement of Support Act.
8. "Initiating tribunal" means the authorized tribunal in an
initiating state.
9. "Issuing state" means the state in which a tribunal issues a
support order or renders a judgment determining parentage.
10. "Issuing tribunal" means the tribunal that issues a support
order or renders a judgment determining parentage.
11. "Law" includes decisional and statutory law and rules and
regulations having the force of law.
12. "Obligee" means any of the following:
a. An individual to whom a duty of support is or is alleged to be
owed or in whose favor a support order has been issued or a judgment
determining parentage has been rendered.
b. A state or political subdivision to which the rights under a
duty of support or support order have been assigned or which has
independent claims based on financial assistance provided to an
individual obligee.
c. An individual seeking a judgment determining parentage of the
individual's child.
13. "Obligor" means an individual, or the estate of a decedent,
to which any of the following applies:
a. Who owes or is alleged to owe a duty of support.
b. Who is alleged but has not been adjudicated to be a parent of
a child.
c. Who is liable under a support order.
14. "Register" means to file a support order or judgment
determining parentage in the appropriate location for the filing of
foreign judgments.
15. "Registering tribunal" means a tribunal in which a support
order is registered.
16. "Responding state" means a state in which a proceeding is
filed or to which a proceeding is forwarded for filing from an
initiating state under this chapter or a law or procedure
substantially similar to this chapter, the Uniform Reciprocal
Enforcement of Support Act, or the Revised Uniform Reciprocal
Enforcement of Support Act.
17. "Responding tribunal" means the authorized tribunal in a
responding state.
18. "Spousal support order" means a support order for a spouse or
former spouse of the obligor.
19. "State" means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, or any
territory or insular possession subject to the jurisdiction of the
United States. The term includes:
a. An Indian tribe.
b. A foreign jurisdiction that has enacted a law or established
procedures for issuance and enforcement of support orders which are
substantially similar to the procedures under this chapter, the
Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform
Reciprocal Enforcement of Support Act.
20. "Support enforcement agency" means a public official or
agency authorized to seek any of the following:
a. Enforcement of support orders or laws relating to the duty of
support.
b. Establishment or modification of child support.
c. Determination of parentage.
d. Location of obligors or their assets.
21. "Support order" means a judgment, decree, or order, whether
temporary, final, or subject to modification, for the benefit of a
child, a spouse, or a former spouse, which provides for monetary
support, health care, arrearages, or reimbursement, and may include
related costs and fees, interest, income withholding, attorney's
fees, and other relief.
22. "Tribunal" means a court, administrative agency, or
quasi-judicial entity authorized to establish, enforce, or modify
support orders or to determine parentage.
97 Acts, ch 175, §122
Referred to in § 252H.2
252K.102 TRIBUNALS OF THIS STATE.
The child support recovery unit when the unit establishes or
modifies an order, upon ratification by the court, and the court, are
the tribunals of this state.
97 Acts, ch 175, §123
252K.103 REMEDIES CUMULATIVE.
Remedies provided by this chapter are cumulative and do not affect
the availability of remedies under other law.
97 Acts, ch 175, §124
252K.201 BASES FOR JURISDICTION OVER NONRESIDENT.
In a proceeding to establish, enforce, or modify a support order
or to determine parentage, a tribunal of this state may exercise
personal jurisdiction over a nonresident individual or the
individual's guardian or conservator if any of the following applies:
1. The individual is personally served with notice within this
state.
2. The individual submits to the jurisdiction of this state by
consent, by entering a general appearance, or by filing a responsive
document having the effect of waiving any contest to personal
jurisdiction.
3. The individual resided with the child in this state.
4. The individual resided in this state and provided prenatal
expenses or support for the child.
5. The child resides in this state as a result of the acts or
directives of the individual.
6. The individual engaged in sexual intercourse in this state and
the child may have been conceived by that act of intercourse.
7. The individual asserted parentage in the declaration of
paternity registry maintained in this state by the Iowa department of
public health pursuant to section 144.12A or established paternity by
affidavit under section 252A.3A.
8. There is any other basis consistent with the constitutions of
this state and the United States for the exercise of personal
jurisdiction.
97 Acts, ch 175, §125
Referred to in § 252A.5, 252B.12, 252K.202
252K.202 PROCEDURE WHEN EXERCISING JURISDICTION OVER NONRESIDENT.
A tribunal of this state exercising personal jurisdiction over a
nonresident under section 252K.201 may apply section 252K.316 to
receive evidence from another state, and section 252K.318 to obtain
discovery through a tribunal of another state. In all other
respects, articles 3 through 7 do not apply and the tribunal shall
apply the procedural and substantive law of this state, including the
rules on choice of law other than those established by this chapter.
97 Acts, ch 175, §126
252K.203 INITIATING AND RESPONDING TRIBUNAL OF THIS STATE.
Under this chapter, a tribunal of this state may serve as an
initiating tribunal to forward proceedings to another state and as a
responding tribunal for proceedings initiated in another state.
97 Acts, ch 175, §127
252K.204 SIMULTANEOUS PROCEEDINGS IN ANOTHER STATE.
1. A tribunal of this state may exercise jurisdiction to
establish a support order if the petition or comparable pleading is
filed after a pleading is filed in another state only if all of the
following apply:
a. The petition or comparable pleading in this state is filed
before the expiration of the time allowed in the other state for
filing a responsive pleading challenging the exercise of jurisdiction
by the other state.
b. The contesting party timely challenges the exercise of
jurisdiction in the other state.
c. If relevant, this state is the home state of the child.
2. A tribunal of this state may not exercise jurisdiction to
establish a support order if the petition or comparable pleading is
filed before a petition or comparable pleading is filed in another
state if all of the following apply:
a. The petition or comparable pleading in the other state is
filed before the expiration of the time allowed in this state for
filing a responsive pleading challenging the exercise of jurisdiction
by this state.
b. The contesting party timely challenges the exercise of
jurisdiction in this state.
c. If relevant, the other state is the home state of the child.
97 Acts, ch 175, §128
252K.205 CONTINUING, EXCLUSIVE JURISDICTION.
1. A tribunal of this state issuing a support order consistent
with the law of this state has continuing, exclusive jurisdiction
over a child support order if any of the following applies:
a. As long as this state remains the residence of the obligor,
the individual obligee, or the child for whose benefit the support
order is issued.
b. Until all of the parties who are individuals have filed
written consents with the tribunal of this state for a tribunal of
another state to modify the order and assume continuing, exclusive
jurisdiction.
2. A tribunal of this state issuing a child support order
consistent with the law of this state may not exercise its continuing
jurisdiction to modify the order if the order has been modified by a
tribunal of another state pursuant to this chapter or a law
substantially similar to this chapter.
3. If a child support order of this state is modified by a
tribunal of another state pursuant to this chapter or a law
substantially similar to this chapter, a tribunal of this state loses
its continuing, exclusive jurisdiction with regard to prospective
enforcement of the order issued in this state, and may only:
a. Enforce the order that was modified as to amounts accruing
before the modification.
b. Enforce nonmodifiable aspects of that order.
c. Provide other appropriate relief for violations of that order
which occurred before the effective date of the modification.
4. A tribunal of this state shall recognize the continuing,
exclusive jurisdiction of a tribunal of another state which has
issued a child support order pursuant to this chapter or a law
substantially similar to this chapter.
5. A temporary support order issued ex parte or pending
resolution of a jurisdictional conflict does not create continuing,
exclusive jurisdiction in the issuing tribunal.
6. A tribunal of this state issuing a support order consistent
with the law of this state has continuing, exclusive jurisdiction
over a spousal support order throughout the existence of the support
obligation. A tribunal of this state may not modify a spousal
support order issued by a tribunal of another state having
continuing, exclusive jurisdiction over that order under the law of
that state.
97 Acts, ch 175, §129
Referred to in § 252K.207
252K.206 ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER BY
TRIBUNAL HAVING CONTINUING JURISDICTION.
1. A tribunal of this state may serve as an initiating tribunal
to request a tribunal of another state to enforce or modify a support
order issued in that state.
2. A tribunal of this state having continuing, exclusive
jurisdiction over a support order may act as a responding tribunal to
enforce or modify the order. If a party subject to the continuing,
exclusive jurisdiction of the tribunal no longer resides in the
issuing state, in subsequent proceedings the tribunal may apply
section 252K.316 to receive evidence from another state and section
252K.318 to obtain discovery through a tribunal of another state.
3. A tribunal of this state which lacks continuing, exclusive
jurisdiction over a spousal support order may not serve as a
responding tribunal to modify a spousal support order of another
state.
97 Acts, ch 175, §130
252K.207 RECOGNITION OF CONTROLLING CHILD SUPPORT ORDER.
1. If a proceeding is brought under this chapter and only one
tribunal has issued a child support order, the order of that tribunal
controls and must be so recognized.
2. If a proceeding is brought under this chapter, and two or more
child support orders have been issued by tribunals of this state or
another state with regard to the same obligor and child, a tribunal
of this state shall apply the following rules in determining which
order to recognize for purposes of continuing, exclusive
jurisdiction:
a. If only one of the tribunals would have continuing, exclusive
jurisdiction under this chapter, the order of that tribunal controls
and must be so recognized.
b. If more than one of the tribunals would have continuing,
exclusive jurisdiction under this chapter, an order issued by a
tribunal in the current home state of the child controls and must be
so recognized, but if an order has not been issued in the current
home state of the child, the order most recently issued controls and
must be so recognized.
c. If none of the tribunals would have continuing, exclusive
jurisdiction under this chapter, the tribunal of this state having
jurisdiction over the parties shall issue a child support order,
which controls and must be so recognized.
3. If two or more child support orders have been issued for the
same obligor and child and if the obligor or the individual obligee
resides in this state, a party may request a tribunal of this state
to determine which order controls and must be so recognized under
subsection 2. The request must be accompanied by a certified copy of
every support order in effect. The requesting party shall give
notice of the request to each party whose rights may be affected by
the determination.
4. The tribunal that issued the controlling order under
subsection 1, 2, or 3 is the tribunal that has continuing, exclusive
jurisdiction under section 252K.205.
5. A tribunal of this state which determines by order the
identity of the controlling order under subsection 2, paragraph "a"
or "b", or which issues a new controlling order under subsection 2,
paragraph "c", shall state in that order the basis upon which the
tribunal made its determination.
6. Within thirty days after issuance of an order determining the
identity of the controlling order, the party obtaining the order
shall file a certified copy of it with each tribunal that issued or
registered an earlier order of child support. A party who obtains
the order and fails to file a certified copy is subject to
appropriate sanctions by a tribunal in which the issue of failure to
file arises. The failure to file does not affect the validity or
enforceability of the controlling order.
97 Acts, ch 175, §131
Referred to in §252H.2, 252K.611
252K.208 MULTIPLE CHILD SUPPORT ORDERS FOR TWO OR MORE OBLIGEES.
In responding to multiple registrations or requests for
enforcement of two or more child support orders in effect at the same
time with regard to the same obligor and different individual
obligees, at least one of which was issued by a tribunal of another
state, a tribunal of this state shall enforce those orders in the
same manner as if the multiple orders had been issued by a tribunal
of this state.
97 Acts, ch 175, §132
252K.209 CREDIT FOR PAYMENTS.
Amounts collected and credited for a particular period pursuant to
a support order issued by a tribunal of another state must be
credited against the amounts accruing or accrued for the same period
under a support order issued by the tribunal of this state.
97 Acts, ch 175, §133
252K.301 PROCEEDINGS UNDER THIS CHAPTER.
1. Except as otherwise provided in this chapter, this article
applies to all proceedings under this chapter.
2. This chapter provides for the following proceedings:
a. Establishment of an order for spousal support or child support
pursuant to article 4.
b. Enforcement of a support order and income withholding order of
another state without registration pursuant to article 5.
c. Registration of an order for spousal support or child support
of another state for enforcement pursuant to article 6.
d. Modification of an order for child support or spousal support
issued by a tribunal of this state pursuant to article 2, part 2.
e. Registration of an order for child support of another state
for modification pursuant to article 6.
f. Determination of parentage pursuant to article 7.
g. Assertion of jurisdiction over nonresidents pursuant to
article 2, part 1.
3. An individual movant or a support enforcement agency may
commence a proceeding authorized under this chapter by filing a
petition or a comparable pleading in an initiating tribunal for
forwarding to a responding tribunal or by filing a petition or a
comparable pleading directly in a tribunal of another state which has
or can obtain personal jurisdiction over the respondent or nonmoving
party.
97 Acts, ch 175, §134
Referred to in § 252K.305
252K.302 ACTION BY MINOR PARENT.
A minor parent, or a guardian or other legal representative of a
minor parent, may maintain a proceeding on behalf of or for the
benefit of the minor's child.
97 Acts, ch 175, §135
252K.303 APPLICATION OF LAW OF THIS STATE.
Except as otherwise provided by this chapter, a responding
tribunal of this state shall do all of the following:
1. Apply the procedural and substantive law, including the rules
on choice of law, generally applicable to similar proceedings
originating in this state, and may exercise all powers and provide
all remedies available in those proceedings.
2. Determine the duty of support and the amount payable in
accordance with the law and support guidelines of this state.
97 Acts, ch 175, §136
252K.304 DUTIES OF INITIATING TRIBUNAL.
1. Upon the filing of a petition or comparable pleading
authorized by this chapter, an initiating tribunal of this state
shall forward three copies of the petition or comparable pleading and
its accompanying documents:
a. To the responding tribunal or appropriate support enforcement
agency in the responding state.
b. If the identity of the responding tribunal is unknown, to the
state information agency of the responding state with a request that
they be forwarded to the appropriate tribunal and that receipt be
acknowledged.
2. If a responding state has not enacted this law or a law or
procedure substantially similar to this chapter, a tribunal of this
state may issue a certificate or other document and make findings
required by the law of the responding state. If the responding state
is a foreign jurisdiction, the tribunal may specify the amount of
support sought and provide other documents necessary to satisfy the
requirements of the responding state.
97 Acts, ch 175, §137
252K.305 DUTIES AND POWERS OF RESPONDING TRIBUNAL.
1. When a responding tribunal of this state receives a petition
or comparable pleading from an initiating tribunal or directly
pursuant to section 252K.301, subsection 3, it shall cause the
petition or pleading to be filed and notify the movant where and when
it was filed.
2. A responding tribunal of this state, to the extent otherwise
authorized by law, may do one or more of the following:
a. Issue or enforce a support order, modify a child support
order, or render a judgment to determine parentage.
b. Order an obligor to comply with a support order, specifying
the amount and the manner of compliance.
c. Order income withholding.
d. Determine the amount of any arrearages, and specify a method
of payment.
e. Enforce orders by civil or criminal contempt, or both.
f. Set aside property for satisfaction of the support order.
g. Place liens and order execution on the obligor's property.
h. Order an obligor to keep the tribunal informed of the
obligor's current residential address, telephone number, employer,
address of employment, and telephone number at the place of
employment.
i. Issue a bench warrant for an obligor who has failed after
proper notice to appear at a hearing ordered by the tribunal and
enter the bench warrant in any local and state computer systems for
criminal warrants.
j. Order the obligor to seek appropriate employment by specified
methods.
k. Award reasonable attorney's fees and other fees and costs.
l. Grant any other available remedy.
3. A responding tribunal of this state shall include in a support
order issued under this chapter, or in the documents accompanying the
order, the calculations on which the support order is based.
4. A responding tribunal of this state may not condition the
payment of a support order issued under this chapter upon compliance
by a party with provisions for visitation.
5. If a responding tribunal of this state issues an order under
this chapter, the tribunal shall send a copy of the order to the
movant and the respondent and to the initiating tribunal, if any.
97 Acts, ch 175, §138
Referred to in § 252K.401
252K.306 INAPPROPRIATE TRIBUNAL.
If a petition or comparable pleading is received by an
inappropriate tribunal of this state, it shall forward the pleading
and accompanying documents to an appropriate tribunal in this state
or another state and notify the movant where and when the pleading
was sent.
97 Acts, ch 175, §139
252K.307 DUTIES OF SUPPORT ENFORCEMENT AGENCY.
1. A support enforcement agency of this state, upon request,
shall provide services to a movant in a proceeding under this
chapter.
2. A support enforcement agency that is providing services to the
movant as appropriate shall:
a. Take all steps necessary to enable an appropriate tribunal in
this state or another state to obtain jurisdiction over the
respondent.
b. Request an appropriate tribunal to set a date, time, and place
for a hearing.
c. Make a reasonable effort to obtain all relevant information,
including information as to income and property of the parties.
d. Within five days, exclusive of Saturdays, Sundays, and legal
holidays, after receipt of a written notice from an initiating,
responding, or registering tribunal, send a copy of the notice to the
movant.
e. Within five days, exclusive of Saturdays, Sundays, and legal
holidays, after receipt of a written communication from the
respondent or the respondent's attorney, send a copy of the
communication to the movant.
f. Notify the movant if jurisdiction over the respondent cannot
be obtained.
3. This chapter does not create or negate a relationship of
attorney and client or other fiduciary relationship between a support
enforcement agency or the attorney for the agency and the individual
being assisted by the agency.
97 Acts, ch 175, §140
252K.308 DUTY OF ATTORNEY GENERAL.
If the attorney general determines that the support enforcement
agency is neglecting or refusing to provide services to an
individual, the attorney general may order the agency to perform its
duties under this chapter or may provide those services directly to
the individual.
97 Acts, ch 175, §141
252K.309 PRIVATE COUNSEL.
An individual may employ private counsel to represent the
individual in proceedings authorized by this chapter.
97 Acts, ch 175, §142
252K.310 DUTIES OF STATE INFORMATION AGENCY.
1. The child support recovery unit is the state information
agency under this chapter.
2. The state information agency shall:
a. Compile and maintain a current list, including addresses, of
the tribunals in this state which have jurisdiction under this
chapter and any support enforcement agencies in this state and
transmit a copy to the state information agency of every other state.
b. Maintain a register of tribunals and support enforcement
agencies received from other states.
c. Forward to the appropriate tribunal in the place in this state
in which the individual obligee or the obligor resides, or in which
the obligor's property is believed to be located, all documents
concerning a proceeding under this chapter received from an
initiating tribunal or the state information agency of the initiating
state.
d. Obtain information concerning the location of the obligor and
the obligor's property within this state not exempt from execution,
by such means as postal verification and federal or state locator
services, examination of telephone directories, requests for the
obligor's address from employers, and examination of governmental
records, including, to the extent not prohibited by other law, those
relating to real property, vital statistics, law enforcement,
taxation, motor vehicles, driver's licenses, and social security.
97 Acts, ch 175, §143
252K.311 PLEADINGS AND ACCOMPANYING DOCUMENTS.
1. A movant seeking to establish or modify a support order or to
determine parentage in a proceeding under this chapter must verify
the petition. Unless otherwise ordered under section 252K.312, the
petition or accompanying documents must provide, so far as known, the
name, residential address, and social security numbers of the obligor
and the obligee, and the name, sex, residential address, social
security number, and date of birth of each child for whom support is
sought. The petition must be accompanied by a certified copy of any
support order in effect. The petition may include any other
information that may assist in locating or identifying the
respondent.
2. The petition must specify the relief sought. The petition and
accompanying documents shall conform substantially with the
requirements imposed by the forms mandated by federal law for use in
cases filed by a support enforcement agency.
97 Acts, ch 175, §144
252K.312 NONDISCLOSURE OF INFORMATION IN EXCEPTIONAL
CIRCUMSTANCES.
Upon a finding, which may be made ex parte, that the health,
safety, or liberty of a party or child would be unreasonably put at
risk by the disclosure of identifying information, or if an existing
order so provides, a tribunal shall order that the address of the
child or party or other identifying information not be disclosed in a
pleading or other document filed in a proceeding under this chapter.
97 Acts, ch 175, §145
Referred to in § 252K.311
252K.313 COSTS AND FEES.
1. The movant shall not be required to pay a filing fee or other
costs.
2. If an obligee prevails, a responding tribunal may assess
against an obligor filing fees, reasonable attorney's fees, other
costs, and necessary travel and other reasonable expenses incurred by
the obligee and the obligee's witnesses. The tribunal may not assess
fees, costs, or expenses against the obligee or the support
enforcement agency of either the initiating or the responding state,
except as provided by other law. Attorney's fees may be taxed as
costs, and may be ordered paid directly to the attorney, who may
enforce the order in the attorney's own name. Payment of support
owed to the obligee has priority over fees, costs, and expenses.
3. The tribunal shall order the payment of costs and reasonable
attorney's fees if the tribunal determines that a hearing was
requested primarily for delay. In a proceeding under article 6, a
hearing is presumed to have been requested primarily for delay if a
registered support order is confirmed or enforced without change.
97 Acts, ch 175, §146
252K.314 LIMITED IMMUNITY OF MOVANT.
1. Participation by a movant in a proceeding before a responding
tribunal, whether in person, by private attorney, or through services
provided by the support enforcement agency, does not confer personal
jurisdiction over the movant in another proceeding.
2. A movant is not amenable to service of civil process while
physically present in this state to participate in a proceeding under
this chapter.
3. The immunity granted by this section does not extend to civil
litigation based on acts unrelated to a proceeding under this chapter
committed by a party while present in this state to participate in
the proceeding.
97 Acts, ch 175, §147
252K.315 NONPARENTAGE AS DEFENSE.
A party whose parentage of a child has been previously determined
by or pursuant to law may not plead nonparentage as a defense to a
proceeding under this chapter.
97 Acts, ch 175, §148
252K.316 SPECIAL RULES OF EVIDENCE AND PROCEDURE.
1. The physical presence of the movant in a responding tribunal
of this state is not required for the establishment, enforcement, or
modification of a support order or the rendition of a judgment
determining parentage.
2. A verified petition, affidavit, document substantially
complying with federally mandated forms, and a document incorporated
by reference in any of them, not excluded under the hearsay rule if
given in person, is admissible in evidence if given under oath by a
party or witness residing in another state.
3. A copy of the record of child support payments certified as a
true copy of the original by the custodian of the record may be
forwarded to a responding tribunal. The copy is evidence of facts
asserted in it, and is admissible to show whether payments were made.
4. Copies of bills for testing for parentage, and for prenatal
and postnatal health care of the mother and child, furnished to the
adverse party at least ten days before trial, are admissible in
evidence to prove the amount of the charges billed and that the
charges were reasonable, necessary, and customary.
5. Documentary evidence transmitted from another state to a
tribunal of this state by telephone, telecopier, or other means that
do not provide an original writing may not be excluded from evidence
on an objection based on the means of transmission.
6. In a proceeding under this chapter, a tribunal of this state
may permit a party or witness residing in another state to be deposed
or to testify by telephone, audiovisual means, or other electronic
means at a designated tribunal or other location in that state. A
tribunal of this state shall cooperate with tribunals of other states
in designating an appropriate location for the deposition or
testimony.
7. If a party called to testify at a civil hearing refuses to
answer on the ground that the testimony may be self incriminating,
the trier of fact may draw an adverse inference from the refusal.
8. A privilege against disclosure of communications between
spouses does not apply in a proceeding under this chapter.
9. The defense of immunity based on the relationship of husband
and wife or parent and child does not apply in a proceeding under
this chapter.
97 Acts, ch 175, §149
Referred to in § 252E.6A, 252K.202, 252K.206
252K.317 COMMUNICATIONS BETWEEN TRIBUNALS.
A tribunal of this state may communicate with a tribunal of
another state in writing, or by telephone or other means, to obtain
information concerning the laws of that state, the legal effect of a
judgment, decree, or order of that tribunal, and the status of a
proceeding in the other state. A tribunal of this state may furnish
similar information by similar means to a tribunal of another state.
97 Acts, ch 175, §150
252K.318 ASSISTANCE WITH DISCOVERY.
A tribunal of this state may:
1. Request a tribunal of another state to assist in obtaining
discovery.
2. Upon request, compel a person over whom it has jurisdiction to
respond to a discovery order issued by a tribunal of another state.
97 Acts, ch 175, §151
Referred to in § 252K.202, 252K.206
252K.319 RECEIPT AND DISBURSEMENT OF PAYMENTS.
A support enforcement agency or tribunal of this state shall
disburse promptly any amounts received pursuant to a support order,
as directed by the order. The agency or tribunal shall furnish to a
requesting party or a tribunal of another state a certified statement
by the custodian of the record of the amounts and dates of all
payments received.
97 Acts, ch 175, §152
252K.401 PETITION TO ESTABLISH SUPPORT ORDER.
1. If a support order entitled to recognition under this chapter
has not been issued, a responding tribunal of this state may issue a
support order if any of the following applies:
a. The individual seeking the order resides in another state.
b. The support enforcement agency seeking the order is located in
another state.
2. The tribunal may issue a temporary child support order if any
of the following applies:
a. The respondent has signed a verified statement acknowledging
parentage.
b. The respondent has been determined by or pursuant to law to be
the parent.
c. There is other clear and convincing evidence that the
respondent is the child's parent.
3. Upon finding, after notice and opportunity to be heard, that
an obligor owes a duty of support, the tribunal shall issue a support
order directed to the obligor and may issue other orders pursuant to
section 252K.305.
97 Acts, ch 175, §153
252K.501 EMPLOYER'S RECEIPT OF INCOME WITHHOLDING ORDER OF
ANOTHER STATE.
An income withholding order issued in another state may be sent to
the person or entity defined as the obligor's employer under the
income withholding law of this state without first filing a petition
or comparable pleading or registering the order with a tribunal of
this state.
97 Acts, ch 175, §154
252K.502 EMPLOYER'S COMPLIANCE WITH INCOME WITHHOLDING ORDER OF
ANOTHER STATE.
1. Upon receipt of an income withholding order, the obligor's
employer shall immediately provide a copy of the order to the
obligor.
2. The employer shall treat an income withholding order issued in
another state which appears regular on its face as if it had been
issued by a tribunal of this state.
3. Except as otherwise provided in subsection 4 and section
252K.503, the employer shall withhold and distribute the funds as
directed in the withholding order by complying with terms of the
order which specify:
a. The duration and amount of periodic payments of current child
support, stated as a sum certain.
b. The person or agency designated to receive payments and the
address to which the payments are to be forwarded.
c. Medical support, whether in the form of periodic cash payment,
stated as a sum certain, or ordering the obligor to provide health
insurance coverage for the child under a policy available through the
obligor's employment.
d. The amount of periodic payments of fees and costs for a
support enforcement agency, the issuing tribunal, and the obligee's
attorney, stated as sums certain.
e. The amount of periodic payments of arrearages and interest on
arrearages, stated as sums certain.
4. An employer shall comply with the law of the state of the
obligor's principal place of employment for withholding from income
with respect to:
a. The employer's fee for processing an income withholding order.
b. The maximum amount permitted to be withheld from the obligor's
income.
c. The times within which the employer must implement the
withholding order and forward the child support payment.
97 Acts, ch 175, §155
252K.503 COMPLIANCE WITH MULTIPLE INCOME WITHHOLDING ORDERS.
If an obligor's employer receives multiple income withholding
orders with respect to the earnings of the same obligor, the employer
satisfies the terms of the multiple orders if the employer complies
with the law of the state of the obligor's principal place of
employment to establish the priorities for withholding and allocating
income withheld for multiple child support obligees.
97 Acts, ch 175, §156
Referred to in § 252K.502
252K.504 IMMUNITY FROM CIVIL LIABILITY.
An employer who complies with an income withholding order issued
in another state in accordance with this article is not subject to
civil liability to an individual or agency with regard to the
employer's withholding of child support from the obligor's income.
97 Acts, ch 175, §157
252K.505 PENALTIES FOR NONCOMPLIANCE.
An employer who willfully fails to comply with an income
withholding order issued by another state and received for
enforcement is subject to the same penalties that may be imposed for
noncompliance with an order issued by a tribunal of this state.
97 Acts, ch 175, §158
252K.506 CONTEST BY OBLIGOR.
1. An obligor may contest the validity or enforcement of an
income withholding order issued in another state and received
directly by an employer in this state in the same manner as if the
order had been issued by a tribunal of this state. Section 252K.604
applies to the contest.
2. The obligor shall give notice of the contest to:
a. A support enforcement agency providing services to the
obligee.
b. Each employer that has directly received an income withholding
order.
c. The person or agency designated to receive payments in the
income withholding order, or if no person or agency is designated, to
the obligee.
97 Acts, ch 175, §159
252K.507 ADMINISTRATIVE ENFORCEMENT OF ORDERS.
1. A party seeking to enforce a support order or an income
withholding order, or both, issued by a tribunal of another state may
send the documents required for registering the order to a support
enforcement agency of this state.
2. Upon receipt of the documents, the support enforcement agency,
without initially seeking to register the order, shall consider and,
if appropriate, use any administrative procedure authorized by the
law of this state to enforce a support order or an income withholding
order, or both. If the obligor does not contest administrative
enforcement, the order need not be registered. If the obligor
contests the validity or administrative enforcement of the order, the
support enforcement agency shall register the order pursuant to this
chapter.
97 Acts, ch 175, §160
252K.601 REGISTRATION OF ORDER FOR ENFORCEMENT.
A support order or an income withholding order issued by a
tribunal of another state may be registered in this state for
enforcement.
97 Acts, ch 175, §161
252K.602 PROCEDURE TO REGISTER ORDER FOR ENFORCEMENT.
1. A support order or income withholding order of another state
may be registered in this state by sending the following documents
and information to the appropriate tribunal in this state:
a. A letter of transmittal to the tribunal requesting
registration and enforcement.
b. Two copies, including one certified copy, of all orders to be
registered, including any modification of an order.
c. A sworn statement by the party seeking registration or a
certified statement by the custodian of the records showing the
amount of any arrearage.
d. The name of the obligor and, if known:
(1) The obligor's address and social security number.
(2) The name and address of the obligor's employer and any other
source of income of the obligor.
(3) A description and the location of property of the obligor in
this state not exempt from execution.
e. The name and address of the obligee and, if applicable, the
agency or person to whom support payments are to be remitted.
2. On receipt of a request for registration, the registering
tribunal shall cause the order to be filed as a foreign judgment,
together with one copy of the documents and information, regardless
of their form.
3. A petition or comparable pleading seeking a remedy that must
be affirmatively sought under other law of this state may be filed at
the same time as the request for registration or later. The pleading
must specify the grounds for the remedy sought.
97 Acts, ch 175, §162
252K.603 EFFECT OF REGISTRATION FOR ENFORCEMENT.
1. A support order or income withholding order issued in another
state is registered when the order is filed in the registering
tribunal of this state.
2. A registered order issued in another state is enforceable in
the same manner and is subject to the same procedures as an order
issued by a tribunal of this state.
3. Except as otherwise provided in this article, a tribunal of
this state shall recognize and enforce, but may not modify, a
registered order if the issuing tribunal had jurisdiction.
97 Acts, ch 175, §163
252K.604 CHOICE OF LAW.
1. The law of the issuing state governs the nature, extent,
amount, and duration of current payments and other obligations of
support and the payment of arrearages under the order.
2. In a proceeding for arrearages, the statute of limitation
under the laws of this state or of the issuing state, whichever is
longer, applies.
97 Acts, ch 175, §164
Referred to in § 252K.506, 252K.607
See § 252A.5A relating to statute of limitation in this state
252K.605 NOTICE OF REGISTRATION OF ORDER.
1. When a support order or income withholding order issued in
another state is registered, the registering tribunal shall notify
the nonregistering party. The notice must be accompanied by a copy
of the registered order and the documents and relevant information
accompanying the order.
2. The notice must inform the nonregistering party:
a. That a registered order is enforceable as of the date of
registration in the same manner as an order issued by a tribunal of
this state.
b. That a hearing to contest the validity or enforcement of the
registered order must be requested within twenty days after the date
of mailing or personal service of the notice.
c. That failure to contest the validity or enforcement of the
registered order in a timely manner will result in confirmation of
the order and enforcement of the order and the alleged arrearages and
precludes further contest of that order with respect to any matter
that could have been asserted.
d. Of the amount of any alleged arrearages.
3. Upon registration of an income withholding order for
enforcement, the registering tribunal shall notify the obligor's
employer pursuant to the income withholding law of this state.
97 Acts, ch 175, §165
252K.606 PROCEDURE TO CONTEST VALIDITY OR ENFORCEMENT OF
REGISTERED ORDER.
1. A nonregistering party seeking to contest the validity or
enforcement of a registered order in this state shall request a
hearing within twenty days after the date of mailing or personal
service of notice of the registration. The nonregistering party may
seek to vacate the registration, to assert any defense to an
allegation of noncompliance with the registered order, or to contest
the remedies being sought or the amount of any alleged arrearages
pursuant to section 252K.607.
2. If the nonregistering party fails to contest the validity or
enforcement of the registered order in a timely manner, the order is
confirmed by operation of law.
3. If a nonregistering party requests a hearing to contest the
validity or enforcement of the registered order, the registering
tribunal shall schedule the matter for hearing and give notice to the
parties of the date, time, and place of the hearing.
97 Acts, ch 175, §166
252K.607 CONTEST OF REGISTRATION OR ENFORCEMENT.
1. A party contesting the validity or enforcement of a registered
order or seeking to vacate the registration has the burden of proving
one or more of the following defenses:
a. The issuing tribunal lacked personal jurisdiction over the
contesting party.
b. The order was obtained by fraud.
c. The order has been vacated, suspended, or modified by a later
order.
d. The issuing tribunal has stayed the order pending appeal.
e. There is a defense under the law of this state to the remedy
sought.
f. Full or partial payment has been made.
g. The statute of limitation under section 252K.604 precludes
enforcement of some or all of the arrearages.
2. If a party presents evidence establishing a full or partial
defense under subsection 1, a tribunal may stay enforcement of the
registered order, continue the proceeding to permit production of
additional relevant evidence, and issue other appropriate orders. An
uncontested portion of the registered order may be enforced by all
remedies available under the law of this state.
3. If the contesting party does not establish a defense under
subsection 1 to the validity or enforcement of the order, the
registering tribunal shall issue an order confirming the order.
97 Acts, ch 175, §167
Referred to in § 252K.606
252K.608 CONFIRMED ORDER.
Confirmation of a registered order, whether by operation of law or
after notice and hearing, precludes further contest of the order with
respect to any matter that could have been asserted at the time of
registration.
97 Acts, ch 175, §168
252K.609 PROCEDURE TO REGISTER CHILD SUPPORT ORDER OF ANOTHER
STATE FOR MODIFICATION.
A party or support enforcement agency seeking to modify, or to
modify and enforce, a child support order issued in another state
shall register that order in this state in the same manner provided
in part 1 if the order has not been registered. A petition for
modification may be filed at the same time as a request for
registration, or later. The pleading must specify the grounds for
modification.
97 Acts, ch 175, §169
252K.610 EFFECT OF REGISTRATION FOR MODIFICATION.
A tribunal of this state may enforce a child support order of
another state registered for purposes of modification, in the same
manner as if the order had been issued by a tribunal of this state,
but the registered order may be modified only if the requirements of
section 252K.611 have been met.
97 Acts, ch 175, §170
252K.611 MODIFICATION OF CHILD SUPPORT ORDER OF ANOTHER STATE.
1. After a child support order issued in another state has been
registered in this state, the responding tribunal of this state may
modify that order only if section 252K.613 does not apply and after
notice and hearing it finds that paragraph "a" or "b" applies:
a. The following requirements are met:
(1) The child, the individual obligee, and the obligor do not
reside in the issuing state.
(2) A movant who is a nonresident of this state seeks
modification.
(3) The respondent is subject to the personal jurisdiction of the
tribunal of this state.
b. The child, or a party who is an individual, is subject to the
personal jurisdiction of the tribunal of this state and all of the
parties who are individuals have filed written consents in the
issuing tribunal for a tribunal of this state to modify the support
order and assume continuing, exclusive jurisdiction over the order.
However, if the issuing state is a foreign jurisdiction that has not
enacted a law or established procedures substantially similar to the
procedures under this chapter, the consent otherwise required of an
individual residing in this state is not required for the tribunal to
assume jurisdiction to modify the child support order.
2. Modification of a registered child support order is subject to
the same requirements, procedures, and defenses that apply to the
modification of an order issued by a tribunal of this state and the
order may be enforced and satisfied in the same manner.
3. A tribunal of this state may not modify any aspect of a child
support order that may not be modified under the law of the issuing
state. If two or more tribunals have issued child support orders for
the same obligor and child, the order that controls and must be so
recognized under section 252K.207 establishes the aspects of the
support order which are nonmodifiable.
4. On issuance of an order modifying a child support order issued
in another state, a tribunal of this state becomes the tribunal
having continuing, exclusive jurisdiction.
97 Acts, ch 175, §171
Referred to in § 252K.610
252K.612 RECOGNITION OF ORDER MODIFIED IN ANOTHER STATE.
A tribunal of this state shall recognize a modification of its
earlier child support order by a tribunal of another state which
assumed jurisdiction pursuant to this chapter or a law substantially
similar to this chapter and, upon request, except as otherwise
provided in this chapter, shall:
1. Enforce the order that was modified only as to amounts
accruing before the modification.
2. Enforce only nonmodifiable aspects of that order.
3. Provide other appropriate relief only for violations of the
order which occurred before the effective date of the modification.
4. Recognize the modifying order of the other state, upon
registration, for the purpose of enforcement.
97 Acts, ch 175, §172
252K.613 JURISDICTION TO MODIFY CHILD SUPPORT ORDER OF ANOTHER
STATE WHEN INDIVIDUAL PARTIES RESIDE IN THIS STATE.
1. If all of the parties who are individuals reside in this state
and the child does not reside in the issuing state, a tribunal of
this state has jurisdiction to enforce and to modify the issuing
state's child support order in a proceeding to register that order.
2. A tribunal of this state exercising jurisdiction under this
section shall apply the provisions of articles 1 and 2, this article,
and the procedural and substantive law of this state to the
proceeding for enforcement or modification. Articles 3, 4, 5, 7, and
8 do not apply.
97 Acts, ch 175, §173
Referred to in § 252K.611
252K.614 NOTICE TO ISSUING TRIBUNAL OF MODIFICATION.
Within thirty days after issuance of a modified child support
order, the party obtaining the modification shall file a certified
copy of the order with the issuing tribunal that had continuing,
exclusive jurisdiction over the earlier order, and in each tribunal
in which the party knows the earlier order has been registered. A
party who obtains the order and fails to file a certified copy is
subject to appropriate sanctions by a tribunal in which the issue of
failure to file arises. The failure to file does not affect the
validity or enforceability of the modified order of the new tribunal
having continuing, exclusive jurisdiction.
97 Acts, ch 175, §174
252K.701 PROCEEDING TO DETERMINE PARENTAGE.
1. A tribunal of this state may serve as an initiating or
responding tribunal in a proceeding brought under this chapter or a
law or procedure substantially similar to this chapter, the Uniform
Reciprocal Enforcement of Support Act, or the Revised Uniform
Reciprocal Enforcement of Support Act to determine that the
petitioner is a parent of a particular child or to determine that a
respondent is a parent of that child.
2. In a proceeding to determine parentage, a responding tribunal
of this state shall apply the procedural and substantive laws
pursuant to chapters 252A and 252F, and the rules of this state on
choice of law.
97 Acts, ch 175, §175
252K.801 GROUNDS FOR RENDITION.
1. For purposes of this article, "governor" includes an
individual performing the functions of governor or the executive
authority of a state covered by this chapter.
2. The governor of this state may:
a. Demand that the governor of another state surrender an
individual found in the other state who is charged criminally in this
state with having failed to provide for the support of an obligee.
b. On the demand by the governor of another state, surrender an
individual found in this state who is charged criminally in the other
state with having failed to provide for the support of an obligee.
3. A provision for extradition of individuals not inconsistent
with this chapter applies to the demand even if the individual whose
surrender is demanded was not in the demanding state when the crime
was allegedly committed and has not fled therefrom.
97 Acts, ch 175, §176
252K.802 CONDITIONS OF RENDITION.
1. Before making demand that the governor of another state
surrender an individual charged criminally in this state with having
failed to provide for the support of an obligee, the governor of this
state may require a prosecutor of this state to demonstrate that at
least sixty days previously the obligee had initiated proceedings for
support pursuant to this chapter or that the proceeding would be of
no avail.
2. If, under this chapter, or a law substantially similar to this
chapter, the Uniform Reciprocal Enforcement of Support Act, or the
Revised Uniform Reciprocal Enforcement of Support Act, the governor
of another state makes a demand that the governor of this state
surrender an individual charged criminally in that state with having
failed to provide for the support of a child or other individual to
whom a duty of support is owed, the governor may require a prosecutor
to investigate the demand and report whether a proceeding for support
has been initiated or would be effective. If it appears that a
proceeding would be effective but has not been initiated, the
governor may delay honoring the demand for a reasonable time to
permit the initiation of a proceeding.
3. If a proceeding for support has been initiated and the
individual whose rendition is demanded prevails, the governor may
decline to honor the demand. If the movant prevails and the
individual whose rendition is demanded is subject to a support order,
the governor may decline to honor the demand if the individual is
complying with the support order.
97 Acts, ch 175, §177
252K.901 UNIFORMITY OF APPLICATION AND CONSTRUCTION.
This chapter shall be applied and construed to effectuate its
general purpose to make uniform the law with respect to the subject
of this chapter among states enacting it.
97 Acts, ch 175, §178
252K.902 SHORT TITLE.
This chapter may be cited as the "Uniform Interstate Family
Support Act".
97 Acts, ch 175, §179
252K.903 SEVERABILITY CLAUSE.
If any provision of this chapter or its application to any person
or circumstance is held invalid, the invalidity does not affect other
provisions or application of this chapter which can be given effect
without the invalid provision or application, and to this end the
provisions of this chapter are severable.
97 Acts, ch 175, §180
252K.904 EFFECTIVE DATE -- PENDING MATTERS.
1. This chapter takes effect January 1, 1998.
2. A tribunal of this state shall apply this chapter beginning
January 1, 1998, with the following conditions:
a. Matters pending on January 1, 1998, shall be governed by this
chapter.
b. Pleadings and accompanying documents on pending matters are
sufficient if the documents substantially comply with the
requirements of chapter 252A in effect on December 31, 1997.
97 Acts, ch 175, §181