Iowa Code 252E.6A – Motion to quash
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1. An obligor may move to quash the order to the employer under section 252E.4 by following the same procedures and alleging a mistake of a fact as provided in section 252D.31 or as provided in subsection 2. If child support services is enforcing an income withholding order and a medical support order simultaneously, any challenge to the income withholding order and medical support enforcement shall be filed and heard simultaneously.
Terms Used In Iowa Code 252E.6A
- Accessible: means any of the following, unless otherwise provided in the support order:a. See Iowa Code 252E.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: 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
- 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
- coverage: means providing and paying for the medical needs of a dependent through a health benefit plan. See Iowa Code 252E.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: means a child, or an obligee for whom a court may order health care coverage pursuant to section 252E. See Iowa Code 252E.1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Health benefit plan: means any policy or contract of insurance, indemnity, subscription, or membership issued by an insurer, health service corporation, health maintenance organization, or any similar corporation or organization, any public coverage, or any self-insured employee benefit plan, for the purpose of covering medical expenses. See Iowa Code 252E.1
- Medical support: means either the provision of health care coverage or the payment of cash medical support. See Iowa Code 252E.1
- National medical support notice: means a notice as prescribed under 42 U. See Iowa Code 252E.1
- 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
2. The obligor may allege as a mistake of fact an error in the availability of dependent coverage under the health benefit plan because the coverage is not accessible to the dependent. Even if the plan is not accessible as defined in section 252E.1, the court may determine that the plan is substantially accessible if the obligee demonstrates that the dependent may receive a benefit under the plan. Section 252K.316 relating to evidence and procedure shall apply to the court proceeding.3. The employer shall comply with the requirements of this chapter until the employer receives notice that a motion to quash has been granted, or that child support services has amended or terminated the national medical support notice.