CHAPTER 252C CHILD SUPPORT DEBTS - ADMINISTRATIVE PROCEDURES

         252C.1  DEFINITIONS.
         As used in this chapter, unless the context otherwise requires:
         1.  "Administrator" means the administrator of the child support
      recovery unit of the department of human services, or the
      administrator's designee.
         2.  "Caretaker" means a parent, relative, guardian, or another
      person who is responsible for paying foster care costs pursuant to
      chapter 234 or whose needs are included in an assistance payment made
      pursuant to chapter 239B.
         3.  "Court order" means a judgment or order of a court of this
      state or another state requiring the payment of a set or determinable
      amount of monetary support.  For orders entered on or after July 1,
      1990, unless the court specifically orders otherwise, medical
      support, as defined in section 252E.1, is not included in the amount
      of monetary support.
         4.  "Department" means the department of human services.
         5.  "Dependent child" means a person who meets the eligibility
      criteria established in chapter 234 or 239B and whose support is
      required by chapter 234, 239B, 252A, 252F, 598, or 600B.
         6.  "Medical support" means either the provision of coverage under
      a health benefit plan, including a group or employment-related or an
      individual health benefit plan, or a health benefit plan provided
      pursuant to chapter 514E, to meet the medical needs of a dependent
      and the cost of any premium required by a health benefit plan, or the
      payment to the obligee of a monetary amount in lieu of providing
      coverage under a health benefit plan, either of which is an
      obligation separate from any monetary amount of child support ordered
      to be paid.
         7.  "Public assistance" means foster care costs paid by the
      department pursuant to chapter 234 or assistance provided pursuant to
      chapter 239B.
         8.  "Responsible person" means a parent, relative, guardian, or
      another person legally liable for the support of a child or a child's
      caretaker.
         84 Acts, ch 1278,  1; 90 Acts, ch 1224,  14, 15; 93 Acts, ch 79,
      44; 97 Acts, ch 41,  32
         Referred to in  252H.2, 598.21G
         252C.2  ASSIGNMENT -- CREATION OF SUPPORT DEBT -- SUBROGATION.
         1.  If public assistance is provided by the department to or on
      behalf of a dependent child or a dependent child's caretaker, there
      is an assignment by operation of law to the department of any and all
      right in, title to, and interest in any support obligation, payment,
      and arrearages owed to or for the child or caretaker up to the amount
      of public assistance paid for or on behalf of the child or caretaker.
      Unless otherwise specified in the order, an equal and proportionate
      share of any child support awarded is presumed to be payable on
      behalf of each child subject to the order or judgment for purposes of
      an assignment under this section.
         2.  The payment of public assistance to or for the benefit of a
      dependent child or a dependent child's caretaker creates a support
      debt due and owing to the department by the responsible person in an
      amount equal to the public assistance payment, except that the
      support debt is limited to the amount of a support obligation
      established by court order or by the administrator.  The
      administrator may establish a support debt as to amounts accrued and
      accruing pursuant to section 598.21B.  However, when establishing a
      support obligation against a responsible person, no debt shall be
      created for the period during which the responsible person is a
      recipient on the person's own behalf of public assistance for the
      benefit of the dependent child or the dependent child's caretaker, if
      any of the following conditions exist:
         a.  The parents have reconciled and are cohabiting, and the child
      for whom support would otherwise be sought is living in the same
      residence as the parents.
         b.  The child is living with the parent from whom support would
      otherwise be sought.
         3.  The provision of child support collection or paternity
      determination services under chapter 252B to an individual, even
      though the individual is ineligible for public assistance, creates a
      support debt due and owing to the individual or the individual's
      child or ward by the responsible person in the amount of a support
      obligation established by court order or by the administrator.  The
      administrator may establish a support debt in favor of the individual
      or the individual's child or ward and against the responsible person,
      both as to amounts accrued and accruing, pursuant to section 598.21B.

         4.  The payment of medical assistance pursuant to chapter 249A for
      the benefit of a dependent child or a dependent child's caretaker
      creates a support debt due and owing to the department.  The
      administrator may establish an order for medical support.
         5.  The department is subrogated to the rights of a dependent
      child or a dependent child's caretaker to bring a court action or to
      execute an administrative remedy for the collection of support.  The
      administrator may petition an appropriate court for modification of a
      court order on the same grounds as a party to the court order can
      petition the court for modification.
         84 Acts, ch 1278,  2; 89 Acts, ch 166,  4; 92 Acts, ch 1195, 
      401, 402; 94 Acts, ch 1171, 20; 97 Acts, ch 175,  50; 2005 Acts, ch
      69, 12, 13
         Referred to in  252C.3, 598.21B
         252C.3  NOTICE OF SUPPORT DEBT -- FAILURE TO RESPOND -- HEARING --
      ORDER.
         1.  The administrator may issue a notice stating the intent to
      secure an order for either payment of medical support established as
      defined in chapter 252E or payment of an accrued or accruing support
      debt due and owed to the department or an individual under section
      252C.2, or both.  The notice shall be served upon the responsible
      person in accordance with the rules of civil procedure.  The notice
      shall include all of the following:
         a.  A statement that the support obligation will be set pursuant
      to the child support guidelines established pursuant to section
      598.21B, and the criteria established pursuant to section 252B.7A,
      and that the responsible person is required to provide medical
      support in accordance with chapter 252E.
         b.  The name of a public assistance recipient and the name of the
      dependent child or caretaker for whom the public assistance is paid.

         c. (1)  A statement that if the responsible person desires to
      discuss the amount of support that the responsible person should be
      required to pay, the responsible person may, within ten days after
      being served, contact the office of the child support recovery unit
      which sent the notice and request a negotiation conference.
         (2)  A statement that if a negotiation conference is requested,
      then the responsible person shall have ten days from the date set for
      the negotiation conference or thirty days from the date of service of
      the original notice, whichever is later, to send a request for a
      hearing to the office of the child support recovery unit which issued
      the notice.
         (3)  A statement that after the holding of the negotiation
      conference, the administrator may issue a new notice and finding of
      financial responsibility for child support or medical support, or
      both, to be sent to the responsible person by regular mail addressed
      to the responsible person's last known address, or if applicable, to
      the last known address of the responsible person's attorney.
         (4)  A statement that if the administrator issues a new notice and
      finding of financial responsibility for child support or medical
      support, or both, then the responsible person shall have thirty days
      from the date of issuance of the new notice to send a request for a
      hearing to the office of the child support recovery unit which issued
      the notice.  If the administrator does not issue a new notice and
      finding of financial responsibility for child support or medical
      support, or both, the responsible party shall have ten days from the
      date of issuance of the conference report to send a request for a
      hearing to the office of the child support recovery unit which issued
      the conference report.
         d.  A statement that if the responsible person objects to all or
      any part of the notice or finding of financial responsibility for
      child support or medical support, or both, and a negotiation
      conference is not requested, the responsible person shall, within
      thirty days of the date of service send to the office of the child
      support recovery unit which issued the notice a written response
      setting forth any objections and requesting a hearing.
         e.  A statement that if a timely written request for a hearing is
      received by the office of the child support recovery unit which
      issued the notice, the responsible person shall have the right to a
      hearing to be held in district court; and that if no timely written
      response is received, the administrator may enter an order in
      accordance with the notice and finding of financial responsibility
      for child support or medical support, or both.
         f.  A statement that, as soon as the order is entered, the
      property of the responsible person is subject to collection action,
      including but not limited to wage withholding, garnishment,
      attachment of a lien, and execution.
         g.  A statement that the responsible person shall notify the
      administrator of any change of address, employment, or medical
      coverage as required by chapter 252E.
         h.  A statement that if the responsible person has any questions,
      the responsible person should telephone or visit an office of the
      child support recovery unit or consult an attorney.
         i.  Such other information as the administrator finds appropriate.

         2.  The time limitations for requesting a hearing in subsection 1
      may be extended by the administrator.
         3.  If a timely written response setting forth objections and
      requesting a hearing is received by the appropriate office of the
      child support recovery unit, a hearing shall be held in district
      court.
         4.  If timely written response and request for hearing is not
      received by the appropriate office of the child support recovery
      unit, the administrator may enter an order in accordance with the
      notice, and shall specify all of the following:
         a.  The amount of monthly support to be paid, with directions as
      to the manner of payment.
         b.  The amount of the support debt accrued and accruing in favor
      of the department.
         c.  The name of the custodial parent or agency having custody of
      the dependent child and the name and birth date of the dependent
      child for whom support is to be paid.
         d.  That the property of the responsible person is subject to
      collection action, including but not limited to wage withholding,
      garnishment, attachment of a lien, and execution.
         e.  The medical support required pursuant to chapter 598 and rules
      adopted pursuant to chapter 252E.
         5.  The responsible person shall be sent a copy of the order by
      regular mail addressed to the responsible person's last known
      address, or if applicable, to the last known address of the
      responsible person's attorney.  The order is final, and action by the
      administrator to enforce and collect upon the order, including
      arrearages and medical support, or both, may be taken from the date
      of approval of the order by the court pursuant to section 252C.5.
         84 Acts, ch 1278,  3; 90 Acts, ch 1224,  16--21; 92 Acts, ch
      1195,  202, 203, 403; 95 Acts, ch 52, 3, 4; 97 Acts, ch 175, 
      51--53; 2005 Acts, ch 69, 14
         Referred to in  234.39, 252C.12
         252C.4  CERTIFICATION TO COURT -- HEARING -- DEFAULT.
         1.  A responsible person or the child support recovery unit may
      request a hearing regarding a determination of support.  If a timely
      written request for a hearing is received, the administrator shall
      certify the matter to the district court as follows:
         a.  If the child or children reside in Iowa, and the unit is
      seeking an accruing obligation, in the county in which the dependent
      child or children reside.
         b.  If the child or children received public assistance in Iowa,
      and the unit is seeking only an accrued obligation, in the county in
      which the dependent child or children last received public
      assistance.
         c.  If the action is the result of a request from a foreign
      jurisdiction to establish support by a responsible person located in
      Iowa, in the county in which the responsible person resides.
         2.  The certification shall include true copies of the notice and
      finding of financial responsibility or notice of the support debt
      accrued and accruing, the return of service, the written objections
      and request for hearing, and true copies of any administrative orders
      previously entered.
         3.  The court shall set the matter for hearing and notify the
      parties of the time and place of hearing.
         4.  The court shall establish the monthly child support payment
      and the amount of the support debt accrued and accruing pursuant to
      section 598.21B, or medical support pursuant to chapter 252E, or
      both.
         5.  If a party fails to appear at the hearing, upon a showing of
      proper notice to that party, the court shall find that party in
      default and enter an appropriate order.
         6.  Actions initiated by the administrator under this chapter are
      not subject to chapter 17A and resulting court hearings following
      certification shall be an original hearing before the district court.

         7.  If a responsible person contests an action initiated under
      this chapter by denying paternity, the following shall apply, as
      necessary:
         a. (1)  If the prior determination of paternity is based on an
      affidavit of paternity filed pursuant to section 252A.3A, or an
      administrative order entered pursuant to chapter 252F, or an order by
      the courts of this state, or by operation of law when the mother and
      established father are or were married to each other, the provisions
      of section 600B.41A are applicable.
         (2)  If the court determines that the prior determination of
      paternity should not be overcome pursuant to section 600B.41A, and
      that the responsible person has a duty to provide support, the court
      shall enter an order establishing the monthly child support payment
      and the amount of the support debt accrued and accruing pursuant to
      section 598.21B, or medical support pursuant to chapter 252E, or
      both.
         b.  If the prior determination of paternity is based on an
      administrative or court order or other means, pursuant to the laws of
      a foreign jurisdiction, an action to overcome the prior determination
      of paternity shall be filed in that jurisdiction.  Unless the
      responsible person requests and is granted a stay of an action
      initiated under this chapter to establish child or medical support,
      the action shall proceed as otherwise provided by this chapter.
         84 Acts, ch 1278,  4; 89 Acts, ch 166,  5; 89 Acts, ch 179,  1;
      90 Acts, ch 1224,  22; 92 Acts, ch 1195,  204; 93 Acts, ch 78, 9;
      94 Acts, ch 1171, 21, 22; 95 Acts, ch 67, 19; 2005 Acts, ch 69,
      15, 16
         Referred to in  252C.5, 598.21B
         252C.5  FILING AND DOCKETING OF FINANCIAL RESPONSIBILITY ORDER --
      ORDER EFFECTIVE AS DISTRICT COURT DECREE.
         1.  A true copy of any order entered by the administrator pursuant
      to this chapter, along with a true copy of the return of service, if
      applicable, may be filed in the office of the clerk of the district
      court in the manner established pursuant to section 252C.4,
      subsection 1.
         2.  The administrator's order shall be presented, ex parte, to the
      district court for review and approval.  Unless defects appear on the
      face of the order or on the attachments, the district court shall
      approve the order.  The approved order shall have all the force,
      effect, and attributes of a docketed order or decree of the district
      court.
         3.  Upon filing, the clerk shall enter the order in the judgment
      docket.
         4.  If the responsible party appeals the order approved by the
      court under this section, and the court on appeal establishes an
      amount of support which is less than the amount of support
      established under the approved order, the court, in the order issued
      on appeal, shall reconcile the amounts due and shall provide that any
      amount which represents the unpaid difference between the amount
      under the approved order and the amount under the order of the court
      on appeal is satisfied.
         84 Acts, ch 1278,  5; 89 Acts, ch 179,  2; 92 Acts, ch 1195, 
      504; 94 Acts, ch 1171, 23; 97 Acts, ch 175,  54
         Referred to in  252C.3
         252C.6  INTEREST ON SUPPORT DEBTS.
         Interest accrues on support debts at the rate provided in section
      535.3 for court judgments.  The administrator may collect the accrued
      interest but is not required to maintain interest balance accounts.
      The department may waive payment of the interest if the waiver will
      facilitate the collection of the support debt.
         84 Acts, ch 1278,  6
         252C.7  EMPLOYERS -- ASSIGNMENTS OF EARNINGS.  Repealed by 97
      Acts, ch 175,  55.  See  252D.17.
         252C.8  TEMPORARY RESTRAINING ORDER OR BOND.
         If the administrator reasonably believes that the responsible
      person is not a resident of this state, is about to move from this
      state, or is concealing the responsible person's whereabouts, or that
      the responsible person has removed or is about to remove, secrete,
      waste, or otherwise dispose of property which could be made subject
      to collection procedures to satisfy the support debt, the
      administrator may petition the district court for a temporary
      restraining order barring the removal, secretion, waste, or disposal.
      However, if the responsible person furnishes a bond satisfactory to
      the court, the temporary restraining order shall be vacated.
         84 Acts, ch 1278,  8
         252C.9  PREVAILING ORDERS.  Repealed by 93 Acts, ch 79, 54.
         252C.10  SCHEDULE OF MINIMUM SUPPORT GUIDELINES.  Repealed by 89
      Acts, ch 166,  8.  See  598.21B.
         252C.11  SECURITY FOR PAYMENT OF SUPPORT -- FORFEITURE.
         Upon entry of a court order or upon the failure of a person to
      make payments pursuant to a court order, the court may require the
      person to provide security, a bond, or other guarantee which the
      court determines is satisfactory to secure the payment of the support
      obligation.  Upon the person's failure to pay the support obligation
      under the court order, the court may declare the security, bond, or
      other guarantee forfeited.
         85 Acts, ch 100, 2
         252C.12  WAIVER OF TIME LIMITATIONS BY RESPONSIBLE PERSON.
         1.  A responsible person may waive the time limitations
      established in section 252C.3.
         2.  Upon receipt of a signed statement from the responsible person
      waiving the time limitations established in section 252C.3, the
      administrator may proceed to enter an order for support and the court
      may approve the order, whether or not the time limitations have
      expired.
         3.  If a responsible person waives the time limitations
      established in section 252C.3 and an order for support is entered
      under this chapter, the signed statement of the responsible person
      waiving the time limitations shall be filed with the order for
      support.
         92 Acts, ch 1195,  205