Iowa Code 252E.2A – Satisfaction of medical support order
Current as of: 2024 | Check for updates
|
Other versions
1. Notwithstanding any law to the contrary and without a court order, a medical support order for a child shall be deemed satisfied with regard to the department, the child, the obligor, and the obligee for the period during which all of the following conditions are met:
a. The order is issued under any applicable chapter of the Code.
b. Child support services is notified that the conditions of paragraph “c” are met and the parent ordered to provide medical support submits a written statement to child support services that the requirements of paragraph “c” are met.
c. The parent ordered to provide medical support meets at least one of the following conditions:
(1) The parent is an inmate of an institution under the control of the department of corrections or a comparable institution in another state.
(2) The parent’s monthly child support obligation under the guidelines established pursuant to section 598.21B is the minimum obligation amount.
(3) The parent is a recipient of assistance under chapter 239B or 249A, or under comparable laws of another state.
(4) The parent is residing with any child for whom the parent is legally responsible and that child is a recipient of assistance under chapter 239B, 249A, or 514I, or under comparable laws of another state. For purposes of this subparagraph, “legally responsible” means the parent has a legal obligation to the child as specified in Iowa court rule 9.7 of the child support guidelines.
d. Child support services files a notice of satisfaction with the clerk of the district court. The effective date of the satisfaction shall be stated in the notice and the effective date shall be no later than forty-five days after child support services issues the notice of satisfaction.
Terms Used In Iowa Code 252E.2A
- 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: means a person for whom child or medical support may be ordered pursuant to chapter 234, 239B, 252A, 252C, 252F, 252H, 252K, 598, 600B, or any other chapter of the Code or pursuant to a comparable statute of another state or foreign country. See Iowa Code 252E.1
- Child support services: means child support services created in section 252B. See Iowa Code 252E.1
- clerk: means clerk of the court in which the action or proceeding is brought or is pending; and the words "clerk's office" mean the office of that clerk. See Iowa Code 4.1
- 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, which includes but is not limited to child support services, or any comparable support enforcement agency of another state. See Iowa Code 252E.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
- Institution: means a birthing hospital. See Iowa Code 252A.2
- Medical support: means either the provision of health care coverage or the payment of cash medical support. See Iowa Code 252E.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.
- Obligee: means a parent or another natural person legally entitled to receive a support payment on behalf of a child. See Iowa Code 252E.1
- Obligor: means a parent or another natural person legally responsible for the support of a dependent. See Iowa Code 252E.1
- Order: means a support order entered pursuant to chapter 234, 252A, 252C, 252F, 252H, 252K, 598, 600B, or any other support chapter, or pursuant to a comparable statute of another state or foreign country, or an ex parte order entered pursuant to section 252E. See Iowa Code 252E.1
- Rule: includes "regulation". See Iowa Code 4.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
2. If a medical support order is satisfied under subsection 1, the satisfaction shall continue until all of the following apply:
a. Child support services is notified that none of the conditions specified in subsection 1, paragraph “c”, still applies.
b. Child support services files a satisfaction termination notice that the requirements for a satisfaction under this section no longer apply. The effective date shall be stated in the satisfaction termination notice and the effective date shall be no later than forty-five days after child support services issues the satisfaction termination notice.
3. Child support services shall mail a copy of the notice of satisfaction and the satisfaction termination notice to the last known address of the obligor and obligee.
4. The department may match data for enrollees of the Hawki program created pursuant to chapter 514I with data of child support services to assist child support services in implementing this section.
5. An order, decree, or judgment entered or pending on or before July 1, 2009, that provides for the support of a child may be satisfied as provided in this section.