Iowa Code 252J.2 – Purpose and use
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1. Notwithstanding other statutory provisions to the contrary, and if an individual has not been cited for contempt and enjoined from engaging in the activity governed by a license pursuant to section 598.23A, child support services may utilize the process established in this chapter to collect support.
Terms Used In Iowa Code 252J.2
- 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 support services: means child support services created in section 252B. See Iowa Code 252J.1
- 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
- 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
- Individual: means a parent, an obligor, or a putative father in a paternity or support proceeding. See Iowa Code 252J.1
- License: includes licenses for hunting, fishing, boating, or other recreational activity. See Iowa Code 252J.1
- Licensing authority: means a county treasurer, county recorder or designated depositary, the supreme court, or an instrumentality, agency, board, commission, department, officer, organization, or any other entity of the state, which has authority within this state to suspend or revoke a license or to deny the renewal or issuance of a license authorizing an individual to register or operate a motor vehicle or to engage in a business, occupation, profession, recreation, or industry. See Iowa Code 252J.1
- 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.
- Obligor: means a natural person as defined in section 252G. See Iowa Code 252J.1
- Rule: includes "regulation". See Iowa Code 4.1
- Subpoena: A command to a witness to appear and give testimony.
- Support: means support or support payments as defined in section 252D. See Iowa Code 252J.1
- Support order: means an order for support issued pursuant to chapter 232, 234, 252A, 252C, 252D, 252E, 252F, 252H, 598, 600B, or any other applicable chapter, or under a comparable statute of another state or foreign country as registered with the clerk of the district court or certified to child support services. See Iowa Code 252J.1
2. For cases in which services are provided by child support services all of the following apply:
a. An obligor is subject to the provisions of this chapter if the obligor’s support obligation is being enforced by child support services, if the support payments required by a support order to be paid to the clerk of the district court or the collection services center pursuant to section 598.22 are not paid and become delinquent in an amount equal to the support payment for three months, and if the obligor’s situation meets other criteria specified under rules adopted by the department pursuant to chapter 17A. The criteria specified by rule shall include consideration of the length of time since the obligor’s last support payment and the total amount of support owed by the obligor.
b. An individual is subject to the provisions of this chapter if the individual has failed, after receiving appropriate notice, to comply with a subpoena or warrant.
3. Actions initiated by child support services under this chapter shall not be subject to contested case proceedings or further review pursuant to chapter 17A and any resulting court hearing shall be an original hearing before the district court.
4. Notwithstanding chapter 22, all of the following apply:
a. Information obtained by child support services under this chapter shall be used solely for the purposes of this chapter or chapter 252B.
b. Information obtained by a licensing authority shall be used solely for the purposes of this chapter.