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Iowa State Profile |
Updated on 06 Apr 2007
Certified on 04 Sep 2007
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A. General/State-At-A-Glance |
 |
| A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? |
State Administered/State Operated |
| A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? |
Central Administrative Office in Des Moines; nineteen state supervised field offices; one centrally located foster care recovery unit; one centrally-located specialized customer service unit; and one centrally-located employer customer service unit. |
| A3. With what types of agencies do you have cooperative agreements? |
County, Iowa State University and private vendor contract staff who work in the customer service unit. Also, other state agencies such as the judicial branch, Department of Public Health, and workforce development. |
| A4. Does your state have statutes setting forth the attorney-client relationship between the state's attorney and the agency only? |
Yes |
| A4.1. If so, what is the statutory citation? |
Iowa Code 252B.7 |
| A4.2. Did your state have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? |
No |
| A4.3. If so, please explain. |
|
B. UIFSA |
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| B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? |
5/21/1997 |
| B2. What is the effective date of your State's Act? |
1/1/1998 |
| B3. What is the statutory citation for your State's Act? |
Iowa Code chapter 252K
For Additional Information - Click Here |
| B4. What version of UIFSA has your state implemented (i.e the 1996 or 2001 version)? |
1996 version |
| B4.1. If your state has implemented the 2001 version, when was it implemented? |
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| B5. Optional comments regarding your State's UIFSA Act. |
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C. Reciprocity |
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| C1. With what foreign countries does your State reciprocate? |
Canadian Provinces (Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland/Labrador, Northwest Territories, Nova Scotia, Nunavut, Ontario, Saskatchewan, Yukon Territories), Australia, Czech Republic, France, Germany, Ireland, Netherlands, Norway, Poland, Portugal, Slovak Republic, Sweden, Switzerland, United Kingdom (England, Northern Ireland, Scotland, Wales) |
| C1.1. Does your state exercise its option to receive FFP for enforcement of spousal-only orders for foreign reciprocating countries? |
No |
| C1.2. If yes, please explain. |
|
| C2. Has your State established reciprocity with any tribal courts? |
No |
| C2.1. If yes, list the tribes and identify services provided, if less than full services. |
|
D. Age of Majority |
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| D1. What is the age of majority in your State? |
Age 18. |
| D2. What is the statutory cite for the age of majority? |
Iowa Code section 599.1
For Additional Information - Click Here |
| D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. |
Law prior to 7/1/97: 18, or as ordered by the court. Law after 7/1/97: 18, or up to age 19 if completing high school or general education equivalency requirements full time and child is reasonably expected to graduate by age 19. |
| D4. Does the date of the order impact what law is applied? |
Yes |
| D4.1. If so, please explain. |
See D3 above |
| D5. Does child support end if the child leaves the household but does not emancipate? |
No |
| D5.1. Optional comments regarding emancipation. |
|
| D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? |
Yes |
| D6.1. If so, please explain. |
For a child of any age who is dependent on the parents because of physical or mental disability. |
| D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates? |
Yes |
| D7.1. If yes, please describe the procedure. |
Orders established by the Unit contain automatical adjustments to lower support amounts based on the support guidelines. The Unit may also modify adjustments previously set during a modification action. Private bar orders may or may not include adjustments for support based on each child reaching the duration limits set within an order. The Unit may adjust or add reductions in support to private orders if the Unit modifies or adjusts orders through proper administrative actions. |
E. Statute of Limitations |
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| E1. What is your State's statute of limitations for collection of past due support? |
No statute of limitations after 7/1/97. Prior to 7/1/97: 20 years from date of each child support installment. |
| E2. What is your State's statute of limitations for paternity establishment? |
Child's 19th birthday (age of majority plus 1 year). |
| E3. Is dormancy revival/renewal possible? |
Yes |
| E3.1. Please explain the circumstances when possible, and the length of time possible. |
Laches and estoppel defenses possible. New statute-probably no revival. Statute does not resurrect payments barred by statute of limitations in force prior to 7/1/97. |
F. Support Details |
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| F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, Melson Formula)? |
Shared income model variation: noncustodial parent's net monthly income in comparison to custodial parent's net monthly income. |
| F2. Does your State charge interest on missed arrears? |
No |
| F2.1. If yes, please indicate the amount of interest charged and any related conditions. |
General interest charge on late payments in law but no commonly applied to child support. 10% interest not commonly enforced |
| F3. Does your State charge interest on retroactive support? |
Yes |
| F3.1. If yes, please indicate the amount of interest charged and any related conditions. |
Only if reduced to or included in judgment. State allows 10% interest but does not require Child Support Recovery Unit to collect - not commonly enforced. |
| F4. Does your State charge interest on adjudicated arrears? |
Yes |
| F4.1. If yes, please indicate the amount of interest charged and any related conditions. |
Only if reduced to a judgment. State allows 10% interest but does not require Child Support Recovery Unit agency to collect - not commonly enforced. |
| F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? |
Yes |
| F5.1. If so, under what circumstances? |
If reduced to a dollar amount. |
| F6. Have you elected to recover costs or charge fees in your State Plan? |
No |
| F6.1. If yes, what costs are recovered from/fees charged to the obligee? |
N/A |
| F6.2. What costs are recovered from/fees charged to the obligor? |
N/A |
| F7. Does your State recover costs on behalf of the initiating State? |
Yes |
| F7.1. Optional comments regarding recovering of initiating State's fees. |
For genetic tests in contested paternity case |
| F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. |
Iowa Code section 252K.201.
For Additional Information - Click Here |
| F9. Does your State establish, enforce, or modify spousal maintenance orders? |
Yes |
| F9.1. If yes, under what circumstances? |
Establish-No. Enforce-Yes, if assigned; otherwise only in combination with a child support obligation. Modify-No. |
| F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? |
No |
| F10.1. Optional comments regarding required information on spouse or partner. |
|
G. Income Withholding |
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| G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? |
Income Withholding. |
| G2. What specific source of income is not subject to withholding? |
Those from federally exempt sources.
For Additional Information - Click Here |
| G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? |
Yes |
| G3.1. If yes, what are those limits? |
50% of the obligor's disposable income unless there is more than one support order for which the obligor is obligated and the criteria of 15 U.S.C. § 1673(b) are met, or the obligor agrees to a greater amount within these limits. |
| G4. What is the allowable fee per pay period for processing income withholding payments? |
$ 2.00 per withholding (at employer's option). |
| G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? |
Within 10 days of receipt of the income withholding order or notice. |
| G6. What is the date by which an employer must remit amounts withheld from an employee's pay? |
Within 7 business days of withholding. |
| G7. What are your State's procedures for sanctioning employers for not implementing income withholding? |
Simple misdemeanor for first offense, and serious misdemeanor for subsequent offenses, for failing to withhold or remit withheld amounts; is liable for the accumulated amount which should have been withheld, together with costs, interest, and reasonable attorney fees. |
| G8. What is the penalty to an employer for failure to remit payments withheld? |
See G7. |
| G9. Does your State allow direct income withholding of unemployment insurance benefits across State lines? |
No |
| G9.1. Optional comments regarding direct withholding of UI benefits across State lines. |
|
| G10. Does your State allow direct income withholding of workers' compensation benefits across State lines? |
Yes |
| G10.1. Optional comments regarding direct withholding of WC benefits across State lines. |
Contact payor of benefits. |
| G11. How does an obligor contest income withholding in your State? |
An informal conference can be requested with the Child Support Recovery Unit. Obligor also has the right to file a Motion to Quash in district court. |
| G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). |
According to 252D.18A of the Code of Iowa, the following laws apply: * The total of all amounts withheld shall not exceed the amounts specified in 15 U.S.C. § 1673(b). * Priority shall be given to the withholding of current support rather than delinquent support. The payor shall not allocate amounts withheld in a manner which results in the failure to withhold an amount for one or more of the current support obligations. When collections are recieved, they are prorated among all cases for that obligor. |
| G12.1. If an employer in your State receives more than one income withholding order for child support from other States, can the employer request your assistance? |
Yes |
| G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. |
See G12, if assistance is not available.
For Additional Information - Click Here |
| G13. Does your state require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? |
Yes, Iowa follows the Federal Consumer Credit Protection Action (15 U.S.C., § 1672 (b)). Withholdings required by law include State and Federal taxes, Social Security taxes; Medicare taxes, and state and local government employees' retirement system (IPERS). |
| G14. When does your state require the employer to send notice of an employee's termination? |
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| G15. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? |
|
| G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? |
No |
| G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? |
Yes, through Web site at www.iowachildsupport.gov |
| G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? |
|
| G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. |
State law does not specify. |
H. Paternity |
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| H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? |
No |
| H1.1. If yes, please explain. |
|
| H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
95% |
| H3. Optional comments regarding paternity acknowledgment conclusive legislation. |
|
| H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? |
7/1993 |
| H4.1. Were acknowledgments prior to that effective date rebuttable? |
No |
| H4.2. Optional comments regarding paternity acknowledgments prior to that date. |
An affidavit form was an acknowledgment or admission of paternity by the putative father. It was a valuable piece of information, but it did not establish paternity by itself. |
| H5. Does marriage constitute a rebuttable presumption of paternity? |
Yes |
| H5.1. How is the presumption rebutted? |
It can be challenged in court. |
| H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? |
No |
| H6.1. If not, briefly explain. |
Paternity is not established by a name on the birth certificate. |
| H7. Does your State have any other paternity-related presumptions? |
Yes |
| H7.1. If yes, briefly explain. |
Paternity is established by court order, by a statement in court by both parents, by a foreign jurisdiction per that jurisdiction's law, or by having the father and mother complete an affidavit of paternity, filed with the state vital records department. |
| H8. Does your State have a putative fathers' registry? |
Yes |
| H8.1. If so, what is the name of that entity? |
Declaration of Paternity Registry |
| H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? |
Yes |
| H9.1. Please describe any circumstances under which these fees may be waived. |
Fees are not waived, however, for a copy of a paternity affidavit for IV-D use only, contact Iowa's IV-D agency. |
| H10. Is common law marriage recognized in your State? |
Yes |
| H10.1. If yes, briefly describe the standard that defines common law marriage. |
Common law marriage is not recognized for paternity establishment. In all other actions, we require intent and agreement to be married, continuous cohabitation, public declaration of parties. |
| H10.2. When did your current common law standard go into effect? |
07/01/1967 |
| H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect? |
N/A |
| H11. When the custodial parent and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) |
Iowa statute permits proceedings to be stayed and allows petitions and opportunity to present further evidence; physical presence of petitioner is not required but in some rare or extraordinary cases appearance and testimony of custodial parent is best method of proving paternity in contested case. Acceptable methods include those allowed in UIFSA. |
| H12. Please give the cite for your State's long arm statute and list any special provisions. |
Iowa Code section 252K.201.
For Additional Information - Click Here |
| H13. Does your State recover genetic testing costs for other States? |
Yes |
| H13.1. If so, please explain. |
Iowa recovers the cost of genetic testing when the alleged father requested the genetic testing after he is found to be the father. |
| H14. Are there any other documents that are required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? |
If the mother was not married at the time of the child's conception or birth or anytime between conception and birth, a court order or a paternity affidavit is required to add the father's name to the birth certificate. |
| H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity? |
|
| H16. If there is more than one child with the same custodial parent, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child? |
Iowa allows one set of documents for all the children involved. |
I. Support Order Establishment |
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| I1. Does your State use an administrative or a judicial process to establish a support obligation? |
Administrative in most cases (the administrative process is actually quasi-judicial since a judge must sign an approval order approving the administrative order). |
| I1.1. If your State can establish under both, under what circumstances would the administrative process be used? |
Most actions are administrative. |
| I1.2. Under what circumstances would the judicial process be used? |
Judicial might be used if the noncustodial parent is a minor or imprisoned. |
| I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. |
Administrative establishment-Iowa Code Chapter 252C. Administrative Paternity Establishment-Iowa Code Chapter 252F.
For Additional Information - Click Here |
| I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) |
Custodial Parent For Additional Information see https://childsupport.dhs.state.ia.us/guidelines.asp |
| I3. What criteria for rebutting your presumptive guidelines have been established in your State? |
Substantial injustice to the non-custodial parent, custodial parent, or child; adjustments are necessary to provide for the needs of the child and to do justice between the parties under the special circumstances of the case. |
| I4. Will your State establish support orders for prior periods? |
Yes |
| I4.1. If so, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? |
Up to three years during which AFDC or TANF has been expended. Arrearages are not sought for non-public assistance cases. Based on current net income and child support guidelines. |
| I4.2. What information or documentation does your State require to proceed? |
Financial information about both parties. |
| I4.3. Will your State allow a petition for support when the only issue is retroactive support? |
Yes |
| I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. |
Will not limit support to retroactive support if current support should also be sought. |
| I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? |
We use the administrative processes in establishment, modification, and some of our enforcement actions. |
| I6. What is your State's statutory authority for the administrative process? |
Administrative establishment-Iowa Code Chapter 252C. Administrative Paternity Establishment-Iowa Code Chapter 252F.
For Additional Information - Click Here |
| I7. Is there a local State law that allows the interstate administrative subpoena? |
Title 441 Iowa Administrative Code 96.1(2) |
| I8. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? |
No |
| I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? |
No |
| I10. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases? |
No. Support must be assigned or redirected to the new custodial parent. |
| I11. When your state has issued an order that reserves support, and now child support should be ordered, should the other state request an establishment or a modification action? |
Modification |
J. Support Enforcement |
|
| J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e, judicial, administrative, or both? |
|
| J1.1. Are your State income tax refund procedures judicial, administrative, or both? |
Administrative. |
| J2. Is the lien process in your State judicial, administrative or both? |
Administrative. |
| J2.1. What are the trigger criteria for filing a lien? |
Automatic judgment in County where support order is filed. |
| J2.2. Where is your State liens filed? |
County. |
| J2.3. Does your State charge a fee for filing a lien? |
Yes |
| J2.4. If so, please indicate the amount. |
Real Property -$10.00, Personal Property-None (Vehicles) |
| J.3. Does your State enforce property seizure and sale? |
Yes |
| J3.1. Are the property seizure and sale procedures judicial, administrative, or both? |
Judicial. |
| J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? |
Administrative. |
| J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect deliquent child support? |
No advance notice required. |
| J4.2. Does your State's income withholding definition include amounts in financial institutions? |
No |
| J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? |
Yes |
| J4.3.1 If so, who notifies the NCP, the State or Financial Institution? |
State. |
| J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? |
Notify obligor 2 business days after notifying financial institution to freeze assets. |
| J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? |
One month delinquency. |
| J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? |
An amount equal to the ordered support payable for one month. |
| J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? |
Yes |
| J5.3. 1. If yes, please provide the time frame. |
One month. |
| J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize? |
Yes |
| J5.4.1. If yes, please provide the percentage. |
Up to 50%. |
| J5.4.2 . Is the percentage different for joint accounts? |
No |
| J5.4.3. If yes, please provide the amount. |
|
| J5.5. Does your state require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so please provide the amount. |
Yes. $100 |
| J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution? |
State. |
| J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action? |
10 business days from date of Freeze and Seize notice to contact the Child Support Recovery Unit. |
| J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your state child support agency or court to challenge the Freeze and Seize action? |
10 business days from date of decision of administrative challenge to contact Child Support Recovery Unit to request a district court hearing. |
| J5.9. On what basis can an obligor and/or other account holder challenge/contest a freeze and seize action? |
A mistake of fact, including but not limited to, a mistake in identity of the obligor or a mistake in the amount of delinquent support due. |
| J5.10. Is your State's complaint review process judicial, administrative or both? |
First review is administrative; second review is judicial. |
| J5.11. What are your State's penalties for incorrect seizures? |
No penalties for financial institutions. The child support agency may pay fees assessed by financial institution if challenge results in mistake of fact. |
| J5.12. Is the second challenge administrative, judicial or both? |
Judicial. |
| J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? |
10 business days from date on Freeze and Seize notice to request administrative review. 10 business days from date of decision to request district court hearing. No unique requirements. Non-debtor has same appeal rights as obligor. |
| J5.14. Is the Freeze and Seize operation in your state centralized or automated? |
Centralized and automated. |
| J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? |
Financial institution may assess the obligor a $10 levy-processing fee. |
| J5.16. Has your state established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? |
|
| J5.16.1. If yes, what is the amount? |
|
| J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? |
Yes |
| J5.17.1 If yes, please provide the state authority and the procedures Financial Institutions should follow to liquidate non-liquid assets. |
The child support agency works with the financial institution on a case-by-case basis. |
| J5.18. Does your state law/policy instruct the Financial Institution or state to hold the frozen assets during the challenge/appeal time frame and/or freeze period? |
Yes, the financial institution. |
| J5.19. How long does the Financial Institution have to send the obligor's assets to your state child support enforcement agency? |
No sooner than 15 calendar days and no later than 20 calendar days from the receipt of the Freeze and Seize notice. |
| J5.19.1 . If yes, please define. |
|
| J6. Does your state withhold state funds or benefits? |
Yes |
| J6.1. If yes, is the method of withholding state benefits judicial, administrative, or both? |
Administrative. |
| J7. Please describe any other administrative enforcement procedures your state may have. |
Seek employment. |
| J8. Please describe any other judicial enforcement procedures your state may have. |
Garnishment, contempt of court, attachment of property. |
| J9. If your state has established specific procedures for registering administrative liens, what are the procedures that another state must follow? |
Use federal interstate lien form, mail to Clerk of Court in the county where the property is located.
For Additional Information - Click Here |
| J10. Which of our state's enforcement remedies are available without registration? |
Any administrative process. |
| J11. Describe your state's registration and enforcement procedures. |
Upon registration, a foreign support order is treated in the same manner as any Iowa-issued order, except it can only be modified if UIFSA conditions are met. The respondent has 20 days after receiving notice of registration to petition the court to vacate the registration or obtain other relief. If no contest, registration complete by operation of law. |
| J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. |
Contempt, garnishment, seizure and sale, or bond action, etc., may be initiated |
| J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? |
Yes |
| J13.1. If yes, please provide the statutory citation. |
Iowa Code chapter 626A.
For Additional Information - Click Here |
| J14. Does your state's law require financial institutions doing business in your state to accept Freeze and Seize actions directly from other states? |
No. |
| J14.1. If no, describe the process for a Freeze and Seize action from another state's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). |
Transmittal # 1 |
| J15. Does your state use credit bureau reporting as an enforcement method? |
Yes |
| J16. Provide which credit bureaus your state report an obligor's child support information? |
CSC/Equifax, Innovis |
| J17. Is the method for credit bureau reporting judicial, administrative or both? |
Administrative |
| J18. In an interstate case, does your state report an obligor's child support information to credit bureaus when it is the initiating state, the responding state, or both? |
Both |
| J19. What are your state's criteria for reporting an obligor's child support information to credit bureaus? |
IV-D delinquency of $1,000 or greater. |
K. Modification and Review/Adjustment |
|
| K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? |
Every two years upon request. |
| K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? |
On request of custodial parent, non-custodial parent, or 3rd party (e.g., caretaker case). |
| K3. Briefly describe your State's modification procedure. |
Administrative procedure notifies party of forthcoming process, asks for financial information from both parents, complete guidelines calculation, adjust if it meets substantial change requirements. Opportunity for challenge and for court hearing. Determination of controlling order within modification process if multiple state orders. |
| K4. What are your criteria for modification (e.g., $50 or 20% from present order)? |
2-year reviews-20% variation from guidelines support amount. Special circumstances-less than two years if proof of 50% change in one parent's net income. In court process, 10% variation from the mandatory child support guidelines represents a substantial change. |
| K5. Which of the following criteria for demonstrating a change in circumstances apply, if any? |
|
| K5.1. The earnings of the obligor have substantially increased or decreased. |
Yes |
| K5.2. The earnings of the obligee have substantially increased or decreased. |
Yes |
| K5.3. The needs of a party or the child(ren) have substantially increased or decreased. |
Yes |
| K5.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed. |
No |
| K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. |
Yes |
| K5.6. There has been a substantial change in child care expenses. |
Yes |
| K5.7. What other criteria does your state use for demonstrating a change in circumstances or comments regarding change of circumstances? |
A child may be added to the order, the original obligation was set at zero or reserved, medical insurance provisions may be added, a minor obligor is out of compliance with parenting class or educational requirements; cost of living in special circumstance when both parties agree to a cost-of-living alteration. |
| K6. Does your State have cost of living adjustments (COLAs)? |
Yes |
| K6.1. If so, what index does your State use? |
Consumer Price Index for all urban consumers, U.S. city average. See K5.7 |
| K7. How does your state credit SSA disability to current and past due support? |
SSD lump sum payments can satisfy past due support. SSD payments to children can satisfy child support dollar for dollar. The amount received by the children is added to the obligor's income. |
| K8. Does your state abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc. |
No |
| K8.1. If so, please explain the situation? |
|
| K8.2. What is the statutory cite for your abatement law? |
For Additional Information - No Link Provided |
| K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. |
Modification: General Testimony, Uniform Support Petition, Transmittal # 1 and a certified copy of the order and payment record. Enforcement: Certfied court orders, and payment record, and transmittal # 1. If the court order needs to be registered - A registration statement for each court order. Establishment: General Testimony, Uniform Support Petition, and Transmittal # 1. If paternity needs establishment an Affidavit in Support of Paternity is needed. |
| K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. |
Mail requests for copies of birth certificates on your state letterhead to the Iowa Bureau of Health Statistics, Lucas State Office Building, 321 E. 12th St, Des Moines, IA 50319. Include the child's information and a $15 payment with your request. Iowa Bureau of Health Statistics can only provide a copy of a paternity affidavit to another state's IV-D agency by court order. Iowa's Bureau of Health Statistics provides copies of paternity affidavit to one of the parent's name on the paternity affidavit with a $15 payment. For a copy of a paternity affidavit for IV-D use only, contact Iowa's IV-D agency. |
| K9. What information is required to register an out-of-state order for enforcement/modification? |
Certified copies of the order and payment record and a registration statement for each order. |
L. Lump Sum Payments |
|
| L1. Does your state define a lump sum payment? |
Yes |
| L1.1 If yes, please provide your state's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? |
Sole payment or payments occurring at two-month or greater intervals. |
| L1.2 Provide the statutory citation. |
Iowa Code section 252D.18C
For Additional Information - Click Here |
| L2. Does your state law require employers to report lump sum payments? |
No |
| L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. |
|
| L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? |
No |
| L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? |
|
| L4. How are employers instructed to report a pending lump sum? |
The employer can either contact the Child Support Employers Unit at 877-274-2580 or e-mail them at CSRUE@dhs.state.ia.us |
| L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. |
Instructions are provided to the employer as soon as the information is received. The child support recovery unit shall provide notice of the income withholding order by sending a notice of the order to the obligor's payor of income by regular mail or by electronic means. This notice is provided to the payor of income (employer) as soon as the information is received. |
| L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? |
Payment is sent in within 7 business days of when notice is receivedThe payor of income shall send the amounts withheld to the collection services center within seven business days of the date the obligor is paid. "Business day" means a day on which state offices are open for regular business. |
| L7. Does your state use the income withholding order to attach the lump sum payment? |
Yes |
| L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? |
Using the federal Order/Notice to Withhold for Child Support. The Notice to Withhold is sent specifically to cover lump sum. |
| L8. Does your state use the lien/levy process to attach the lump sum payment? |
No |
| L8.1 If yes, what is the name of the document your state uses to attach lump sum payment? |
N/A |
| L9. What other documents does your state use to attach lump sum payments? |
N/A |
| L10. Does your state require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? |
Yes |
| L10.1 If yes, what are those limits? |
50% of the obligor's disposable income unless there is more than one support order for which the obligor is obligated and the criteria of 15 U.S.C. § 1673(b) are met, or the obligor agrees to a greater amount within these limits.
For Additional Information - No Link Provided |
| L10.2 If no, what percentage is the employer required to withhold? |
|
| L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? |
Yes |
| L11.1 If yes, would the employer only withhold for that period's obligation? |
When the obligor is paid by a lump sum income source and a sole payment is made or payment occurs at two-month or greater intervals, the withholding amount may include all current and delinquent support due through the current month, but shall not exceed the amounts specified in 15 U.S.C.1673(b). | |
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