Iowa Code 252F.4 – Entry of order
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1. If each party fails to respond to the initial notice within twenty days after the date of service of the notice or fails to appear at a conference pursuant to section 252F.3 on the scheduled date of the conference, and paternity has not been contested and each party fails to timely request a court hearing on the issue of support, the department shall enter an order against the parties, declaring the putative father to be the legal father of the child or children involved and assessing any accrued and accruing child support obligation pursuant to the guidelines established under section 598.21B, and medical support pursuant to chapter 252E.
Terms Used In Iowa Code 252F.4
- 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 who is less than age eighteen or a person who is age eighteen but less than age nineteen and is engaged full-time in completing high school graduation or equivalency requirements in a manner which is reasonably expected to result in completion of the requirements prior to the person reaching age nineteen. See Iowa Code 252F.1
- Child support services: means the same as child support services created in section 252B. See Iowa Code 252F.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 252F.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
- 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
- Party: means a putative father or a mother, as named in an action. See Iowa Code 252F.1
- Paternity test: means and includes any form of blood, tissue, or genetic testing administered to determine the biological father of a child. See Iowa Code 252F.1
- property: includes personal and real property. See Iowa Code 4.1
- Putative father: means a man who is alleged to be or who claims to be the biological father of a child born to a woman to whom the man is not married at the time of the birth of the child. See Iowa Code 252A.2
- Putative father: means a person alleged to be the biological father of a child. See Iowa Code 252F.1
2. If paternity is contested pursuant to section 252F.3, subsection 6, and the party contesting paternity fails to appear for a paternity test and fails to request a rescheduling pursuant to section 252F.3, or fails to appear for both the initial and the rescheduled paternity tests and each party fails to timely request a court hearing on the issue of support, the department shall enter an order against the parties declaring the putative father to be the legal father of the child or children involved and assessing any accrued and accruing child support obligation pursuant to the guidelines established under section 598.21B, and medical support pursuant to chapter 252E.
3. If a conference pursuant to section 252F.3 is held, and paternity is not contested, and each party fails to timely request a court hearing on the issue of support, the department shall enter an order against the parties after the second notice has been sent declaring the putative father to be the legal father of the child or children involved and assessing any accrued and accruing child support obligation pursuant to the guidelines established under section 598.21B, and medical support pursuant to chapter 252E.
4. If paternity was contested and paternity testing was performed and the putative father was not excluded, if the test results indicate that the probability of the putative father’s paternity is ninety-five percent or greater, if the test results are not timely challenged, and if each party fails to timely request a court hearing on the issue of support, the department shall enter an order against the parties declaring the putative father to be the legal father of the child or children involved and assessing any accrued and accruing child support obligation pursuant to the guidelines established under section 598.21B, and medical support pursuant to chapter 252E.
5. The department shall establish a support obligation under this section based upon the best information available to child support services and pursuant to section 252B.7A.
6. The order shall contain all of the following:
a. A declaration of paternity.
b. The amount of monthly support to be paid, with direction as to the manner of payment.
c. The amount of accrued support.
d. The name of the custodial parent or caretaker.
e. The name and birth date of the child or children to whom the order applies.
f. A statement that property of a party ordered to provide support is subject to income withholding, liens, garnishment, tax offset, and other collection actions.
g. The medical support required pursuant to chapter 598 and chapter 252E.
h. A statement that a party who is ordered to provide support is required to inform child support services, on a continuing basis, of the name and address of the party’s current employer, whether the party has access to health insurance coverage as required in the order, and if so, the health insurance policy information.
i. If paternity was contested by the putative father, the amount of any judgment assessed to the father for costs of paternity tests conducted pursuant to this chapter.
j. Statements as required pursuant to section 598.22B.
7. If paternity is not contested but a party does wish to challenge the issues of child or medical support, the department shall enter an order establishing paternity and reserving the issues of child or medical support for determination by the district court.