Iowa Code 252H.24 – Role of child support services — filing and docketing of cost-of-living alteration order — order effective as district court order
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1. Upon receipt of a request and required documentation for a cost-of-living alteration, child support services shall issue a notice of the amount of cost-of-living alteration by regular mail to the last known address of each parent, or, if applicable, each parent’s attorney. The notice shall include all of the following:
a. A statement that either parent may contest the cost-of-living alteration within thirty days of the date of the notice by making a request for a review of a support order as provided in section 252H.13, and if either parent does not make a request for a review within thirty days, child support services shall prepare an administrative order as provided in subsection 4.
b. A statement that the parent may waive the thirty-day notice waiting period provided for in this section.
Terms Used In Iowa Code 252H.24
- 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 child as defined in section 252B. See Iowa Code 252H.2
- Child support services: means child support services created in section 252B. See Iowa Code 252H.2
- 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
- Cost-of-living alteration: means a change in an existing child support order which equals an amount which is the amount of the support obligation following application of the percentage change of the consumer price index for all urban consumers, United States city average, as published in the federal register by the federal department of labor, bureau of labor statistics. See Iowa Code 252H.2
- 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
- Docket: A log containing brief entries of court proceedings.
- 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
- Lien: A claim against real or personal property in satisfaction of a debt.
- 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.
- Parent: means , for the purposes of requesting a review of a support order and for being entitled to notice under this chapter:(1) The individual ordered to pay support pursuant to the order. See Iowa Code 252H.2
- Review: means an objective evaluation conducted through a proceeding before a court, administrative body, or an agency, of information necessary for the application of a state's mandatory child support guidelines to determine:
(1) The appropriate monetary amount of support. See Iowa Code 252H.2- Support order: means an order for support issued pursuant to this chapter, chapter 232, 234, 252A, 252C, 252E, 252F, 598, 600B, or any other applicable chapter, or under a comparable statute of another state or foreign country as registered with the clerk of court or certified to child support services. See Iowa Code 252H.2
2. Upon timely receipt of a request and required documentation for a review of a support order as provided in subsection 1 from either parent, child support services shall terminate the cost-of-living alteration process and apply the provisions of subchapters I and II of this chapter relating to review and adjustment.3. Upon receipt of signed requests from both parents subject to the support order, waiving the notice waiting period, child support services may prepare an administrative order pursuant to subsection 4 altering the support obligation.4. If timely request for a review pursuant to section 252H.13 is not made, and if the thirty-day notice waiting period has expired, or if both parents have waived the notice waiting period, child support services shall prepare and present an administrative order for a cost-of-living alteration, ex parte, to the district court where the order to be altered is filed.5. Unless defects appear on the face of the administrative order or on the attachments, the district court shall approve the order. Upon filing, the approved order shall have the same force, effect, and attributes of an order of the district court.6. Upon filing, the clerk of the district court shall enter the order in the judgment docket and judgment lien index.7. If the parents jointly waive the thirty-day notice waiting period, the signed statements of both parents waiving the notice period shall be filed in the court record with the administrative order altering the support obligation.8. Child support services shall send a copy of the order by regular mail to each parent’s last known address, or, if applicable, to the last known address of the parent’s attorney.9. An administrative order approved by the district court is final, and action by child support services to enforce and collect upon the order may be taken from the date of the entry of the order by the district court. - Review: means an objective evaluation conducted through a proceeding before a court, administrative body, or an agency, of information necessary for the application of a state's mandatory child support guidelines to determine: