Iowa Code 252H.9 – Filing and docketing of administrative adjustment or modification order — order effective as district court order
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1. If timely request for a court hearing is not made pursuant to section 252H.8, child support services shall prepare and present an administrative order for adjustment or modification, as applicable, for review and approval, ex parte, to the district court where the order to be adjusted or modified is filed. Notwithstanding any other law to the contrary, if more than one support order exists involving children with the same legally established parents, for the purposes of this subsection, the district court reviewing and approving the matter shall have jurisdiction over all other support orders entered by a court of this state and affected under this subsection.
Terms Used In Iowa Code 252H.9
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- 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
- 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
- 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
- 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.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Modification: means either of the following:(1) A change, correction, or termination of an existing support order. See Iowa Code 252H.2
- 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- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- property: includes personal and real property. See Iowa Code 4.1
- 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 orders to which subchapter II or III is applicable, child support services shall determine the appropriate amount of the child support obligation using the current child support guidelines established pursuant to section 598.21B and the criteria established pursuant to section 252B.7A and shall determine the provisions for medical support pursuant to chapter 252E.3. The administrative order prepared by child support services shall specify all of the following:a. The amount of support to be paid and the manner of payment.b. The name of the custodian of any child for whom support is to be paid.c. The name of the parent ordered to pay support.d. The name and birth date of any child for whom support is to be paid.e. That the property of the responsible person is subject to collection action, including but not limited to wage withholding, garnishment, attachment of a lien, and other methods of execution.f. Provisions for medical support.g. If applicable, the order determined to be the controlling order.h. If applicable, the amount of delinquent support due based upon the receipt of social security disability payments as provided in sections 598.22 and 598.22C.4. Supporting documents as described in section 252H.8, subsection 5, may be presented to the court with the administrative order, as applicable.5. Unless defects appear on the face of the 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. A copy of the order shall be sent by regular mail within fourteen days after filing to each parent’s last known address, or if applicable, to the last known address of the parent’s attorney.8. The order is final, and action by child support services to enforce and collect upon the order, including arrearages and medical support, or both, may be taken from the date of the entry of the order by the district court.