Iowa Code 249B.3 – Notice of spousal support debt — failure to respond — hearing — order
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1. The department shall issue a notice establishing and demanding payment of an accrued or accruing spousal support debt due and owing to the department. The notice shall be served upon the community spouse in accordance with the rules of civil procedure. The notice shall include all of the following:
a. The amount of medical assistance provided to the institutionalized spouse which creates the spousal support debt.
b. A computation of spousal support debt, the minimum monthly maintenance needs allowance, and the community spouse resource allowance.
c. A demand for immediate payment of the spousal support debt.
d. (1) A statement that if the community spouse desires to discuss the amount of support that the community spouse should be required to pay, the community spouse, within ten days after being served, may contact the unit of the department which issued the notice and request a conference.
(2) A statement that if a conference is requested, the community spouse has ten days from the date set for the conference or twenty days from the date of service of the original notice, whichever is later, to send a request for a hearing to the unit of the department which issued the notice.
(3) A statement that after the holding of the conference, the department may issue a new notice and finding of financial responsibility to be sent to the community spouse by regular mail addressed to the community spouse’s last known address, or if applicable, to the last known address of the community spouse’s attorney.
(4) A statement that if the department issues a new notice and finding of financial responsibility, the community spouse has ten days from the date of issuance of the new notice or twenty days from the date of service of the original notice, whichever is later, to send a request for a hearing to the unit of the department which issued the notice.
e. A statement that if the community spouse objects to all or any part of the notice or finding of financial responsibility and no negotiation conference is requested, the community spouse, within twenty days of the date of service, shall send to the unit of the department which issued the notice, a written response setting forth any objections and requesting a hearing.
f. A statement that if a timely written request for a hearing is received by the unit of the department which issued the notice, the spouse has the right to a hearing to be held in district court; and that if no timely written response is received, the department will enter an order in accordance with the notice and finding of financial responsibility.
g. A statement that, as soon as the order is entered, the property of the community spouse is subject to collection action, including but not limited to wage withholding, garnishment, attachment of a lien, and execution.
h. A statement that the community spouse must notify the department of any change of address or employment.
i. A statement that if the community spouse has any questions, the community spouse should telephone or visit the department or consult an attorney.
j. Other information as the department finds appropriate.
Terms Used In Iowa Code 249B.3
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Community spouse: means an individual who has not resided or is not likely to reside in a hospital or a health care facility for more than twenty-nine consecutive days and is married to an institutionalized spouse. See Iowa Code 249B.1
- Community spouse resource allowance: means a resource amount established for a community spouse pursuant to state policy adopted in accordance with the federal Social Security Act, section 1924(f)(2), as codified in 42 U. See Iowa Code 249B.1
- Court: shall mean and include any court upon which jurisdiction has been conferred to determine the liability of persons for the support of dependents. See Iowa Code 252A.2
- Department: means the department of health and human services. See Iowa Code 249L.2
- Department: means the department of health and human services. See Iowa Code 249B.1
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Institutionalized spouse: means a married individual who has resided or is likely to reside in a hospital or a health care facility for more than twenty-nine consecutive days. See Iowa Code 249B.1
- Lien: A claim against real or personal property in satisfaction of a debt.
- Medical assistance: means "mandatory medical assistance" "optional medical assistance" "discretionary medical assistance" or "Medicare cost sharing" as defined in section 249A. See Iowa Code 249B.1
- property: includes personal and real property. See Iowa Code 4.1
2. If a timely written response setting forth objections and requesting a hearing is received by the unit of the department which issued the notice, a hearing shall be held in district court.
3. If timely written response and request for hearing is not received by the department, the department may enter an order in accordance with the notice, and the order shall specify all of the following:
a. The amount to be paid with directions as to the manner of payment.
b. The amount of the spousal support debt accrued and accruing in favor of the department.
c. Notice that the property of the community spouse is subject to collection action, including but not limited to wage withholding, garnishment, attachment of a lien, and execution.
4. The community spouse shall be sent a copy of the order by regular mail addressed to the community spouse’s last known address, or if applicable, to the last known address of the community spouse’s attorney. The order is final, and action by the department to enforce and collect upon the order may be taken from the date of the issuance of the order.