Iowa Code 252C.3 – Notice of support debt — failure to respond — hearing — order
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1. The department may issue a notice stating the intent to secure an order for either medical support as provided 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 a responsible person should be required to pay, the responsible person may, within ten days after being served, contact child support services 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 child support services.
(3) A statement that after the holding of the negotiation conference, the department 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 department 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 child support services. If the department 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 child support services.
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 child support services 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 child support services, 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 department 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 department 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 child support services or consult an attorney.
i. Such other information as the department finds appropriate.
Terms Used In Iowa Code 252C.3
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- 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. See Iowa Code 252C.1
- Child: includes but shall not be limited to a stepchild, foster child, or legally adopted child and means a child actually or apparently under eighteen years of age, and a dependent person eighteen years of age or over who is unable to maintain the person's self and is likely to become a public charge. See Iowa Code 252A.2
- Child support services: means child support services created in section 252B. See Iowa Code 252C.1
- Conference report: The compromise product negotiated by the conference committee. The "conference report" is submitted to each chamber for its consideration, such as approval or disapproval.
- 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 252C.1
- Dependent: A person dependent for support upon another.
- Dependent: shall mean and include a spouse, child, mother, father, grandparent, or grandchild who is in need of and entitled to support from a person who is declared to be legally liable for such support. See Iowa Code 252A.2
- 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. See Iowa Code 252C.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
- Lien: A claim against real or personal property in satisfaction of a debt.
- Medical support: means medical support as defined in section 252E. See Iowa Code 252C.1
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Party: means a petitioner, a respondent, or a person who intervenes in a proceeding instituted under this chapter. See Iowa Code 252A.2
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- property: includes personal and real property. See Iowa Code 4.1
- Public assistance: means foster care costs paid by the department pursuant to chapter 234 or assistance provided pursuant to chapter 239B. See Iowa Code 252C.1
- Responsible person: means a parent, relative, guardian, or another person legally liable for the support of a child or a child's caretaker. See Iowa Code 252C.1
2. The time limitations for requesting a hearing in subsection 1 may be extended by the department.
3. If a timely written response setting forth objections and requesting a hearing is received by child support services, a hearing shall be held in district court.
4. If timely written response and request for hearing is not received by child support services, the department 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 department 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.