Iowa Code 252H.8 – Certification to court — hearing — default
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1. For actions initiated under section 252H.15, either parent or child support services may request a court hearing within fifteen days from the date of issuance of the notice of decision under section 252H.16, or within ten days of the date of issuance of the second notice of decision under section 252H.17, whichever is later.
Terms Used In Iowa Code 252H.8
- 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
- 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
- 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Modification: means either of the following:(1) A change, correction, or termination of an existing support order. See Iowa Code 252H.2
- 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- Party: means a petitioner, a respondent, or a person who intervenes in a proceeding instituted under this chapter. See Iowa Code 252A.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- State: means "state" as defined in chapter 252K. 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. For actions initiated under section 252H.14A, either parent or child support services may request a court hearing within ten days of the issuance of the second notice of decision under section 252H.17.3. For actions initiated under subchapter III, either parent or child support services may request a court hearing within the latest of any of the following time periods:a. Twenty days from the date of successful service of the notice of intent to modify required under section 252H.19.b. Ten days from the date scheduled for a conference to discuss the modification action.c. Ten days from the date of issuance of a second notice of a proposed modification action.4. The time limitations for requesting a court hearing under this section may be extended by child support services.5. If a timely written request for a hearing is received by child support services, a hearing shall be held in district court, and child support services shall certify the matter to the district court in the county in which the order subject to adjustment or modification is filed. The certification shall include the following, as applicable:a. Copies of the notice of intent to review or notice of intent to modify.b. The return of service, proof of service, acceptance of service, or signed statement by the parent requesting review and adjustment or requesting modification, waiving service of the notice.c. Copies of the notice of decision and any revised notice as provided in section 252H.16.d. Copies of any written objections to and request for a second review or conference or hearing.e. Copies of any second notice of decision issued pursuant to section 252H.17, or second notice of proposed modification action issued pursuant to section 252H.20.f. Copies of any financial statements and supporting documentation provided by the parents including proof of a substantial change in circumstances for a request filed pursuant to section 252H.18A.g. Copies of any computation worksheet prepared by child support services to determine the amount of support calculated using the mandatory child support guidelines established under section 598.21B, and, if appropriate and the social security disability provisions of sections 598.22 and 598.22C apply, a determination of the amount of delinquent support due.h. A certified copy of each order, issued by another state or foreign country, considered in determining the controlling order.6. The court shall set the matter for hearing and notify the parties of the time and place of the hearing.7. For actions initiated under section 252H.15, a hearing shall not be held for at least sixteen days following the date of issuance of the notice of decision unless the parents have jointly waived, in writing, the fifteen-day postreview period.8. Pursuant to section 252H.3, the district court shall review the matter as an original hearing before the court.9. Issues subject to review by the court in any hearing resulting from an action initiated under this chapter shall be limited to the issues identified in section 252H.3.10. Notwithstanding any other law to the contrary, if more than one support order exists involving children with the same legally established parents, one hearing on all of the affected support orders shall be held in the district court in the county where child support services files the action. For the purposes of this subsection, the district court hearing the matter shall have jurisdiction over all other support orders entered by a court of this state and affected under this subsection.11. The court shall establish the amount of child support pursuant to section 598.21B, or medical support pursuant to chapter 252E, or both.12. If a party fails to appear at the hearing, upon a showing of proper notice to the party, the court may find the party in default and enter an appropriate order. - Parent: means , for the purposes of requesting a review of a support order and for being entitled to notice under this chapter: