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Iowa Code (Last Updated: December 05, 2016) |
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Title VI. HUMAN SERVICES |
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Chapter 252H. ADJUSTMENT AND MODIFICATION OF SUPPORT ORDERS |
Section 252H.14A. Reviews initiated by the child support recovery unit — abbreviated method.
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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 to the receipt of family investment program assistance, and a review of the support order is required under section 7302 of the federal Deficit Reduction Act of 2005, Pub. L. No. 109-171.
(2) A parent requests a review, provides the unit with financial information as part of that request, and the order meets the criteria for review under this subchapter.
b. The unit has access to information concerning the financial circumstances of each parent and one of the following applies:
(1) The parent is a recipient of family investment program assistance, medical assistance, or food assistance from the department.
(2) The parent’s income is from supplemental security income paid pursuant to 42 U.S.C. §1381a.
(3) The parent is a recipient of disability benefits under the Act because of the parent’s disability.
(4) The parent is an inmate of an institution under the control of the department of corrections.
(5) The unit has access to information described in section 252B.7A, subsection 1, paragraph “c”.
2. If the conditions of subsection 1 are met, the unit may conduct a review and determine whether an adjustment is appropriate using information accessible by the unit without issuing a notice under section 252H.15 or requesting additional information from the parent.
3. Upon completion of the review, the unit shall issue a notice of decision to each parent, or if applicable, to each parent’s attorney. The notice shall be served in accordance with the rules of civil procedure or as provided in section 252B.26, except that a parent requesting a review pursuant to section 252H.13 shall waive the right to personal service of the notice in writing and accept service by regular mail. If the service by regular mail does not occur within ninety days of the written waiver of personal service, personal service of the notice is required unless a new waiver of personal service is obtained.
4. All of the following shall be included in the notice of decision:
a. The legal basis and purpose of the action, including an explanation of the procedures for determining child support, the criteria for determining the appropriateness of an adjustment, and a statement that the unit used the child support guidelines established pursuant to section 598.21B and the provisions for medical support pursuant to chapter 252E.
b. Information sufficient to identify the affected parties and the support order or orders affected.
c. An explanation of the legal rights and responsibilities of the affected parties, including time frames in which the parties must act.
d. A statement indicating whether the unit finds that an adjustment is appropriate and the basis for the determination.
e. Procedures for contesting the action, including that if a parent requests a second review both parents will be requested to submit financial or income information as necessary for application of the child support guidelines established pursuant to section 598.21B.
f. Other information as appropriate.
5. Section 252H.16, subsection 5, regarding a revised notice of decision shall apply to a notice of decision issued under this section.
6. Each parent shall have the right to challenge the notice of decision issued under this section by requesting a second review by the unit as provided in section 252H.17. If there is no new or different information to consider for the second review, the unit shall issue a second notice of decision based on prior information. Each parent shall have the right to challenge the second notice of decision by requesting a court hearing as provided in section 252H.8.