252H.1 Purpose and intent. This chapter is intended to provide a means for state compliance with Tit. 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 Tit. IV-D of the federal Social Security Act, and also to provide an […]
252H.10 Effective date of adjustment — modification. 1. Pursuant to section 598.21C, any administrative or court order resulting from an action initiated under this chapter may be made retroactive only from three months after the date that all parties were successfully served the notice required under section 252H.14A, 252H.15, or section 252H.19, as applicable. 2. […]
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 […]
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 […]
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, […]
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 […]
252H.14A Reviews initiated by the child support recovery unit — abbreviated method. 1. Notwithstanding section 252H.15, the unit may use procedures under this section to review a support order if all the following apply: a. One of the following applies: (1) The right to ongoing child support is assigned to the state of Iowa due […]
252H.15 Notice of intent to review and adjust. 1. Unless an action is initiated under section 252H.14A, 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 […]
252H.16 Conducting the review — notice of decision. 1. For actions initiated under section 252H.15, 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 […]
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.14A or 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 […]
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 […]
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: […]
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 […]
252H.2 Definitions. 1. 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. 2. As used in this chapter, unless the context otherwise requires: a. “Act” means the federal Social Security Act. b. “Adjustment” applies […]
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 […]
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. […]
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 […]
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 […]
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 […]
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 […]
