Iowa Admin. Code r. 441-95.2

Current through Regsiter Vol. 46, No. 26, June 12, 2024

Rule 441-95.2 - Child support recovery eligibility and services

(1)Public assistance cases. The child support recovery unit shall provide paternity establishment and support establishment, modification and enforcement services, as appropriate, under federal and state laws and rules for children and families referred to the unit who have applied for or are receiving public assistance. Referrals under this subrule may be made by the family investment program, the Medicaid program, the foster care program or agencies of other states providing child support services under Title IV-D of the Social Security Act for recipients of public assistance.

(2)Nonpublic assistance cases. The same services provided by the child support recovery unit for public assistance cases shall also be made available to any person not otherwise eligible for public assistance. The services shall be made available to persons upon the completion and filing of an application with the child support recovery unit except that an application shall not be required to provide services to the following persons:

a. Persons not receiving public assistance for whom an agency of another state providing Title IV-D child support recovery services has requested services.

b. Persons for whom a foreign reciprocating country or a foreign country with which this state has an arrangement as provided in 42 U.S.C. § 659 has requested services.

c. Persons who are eligible for continued services upon termination of assistance under the family investment program or Medicaid.

(3)Services available. Except as provided by separate rule, the child support recovery unit shall provide the same services as the unit provides for public assistance recipients to persons not otherwise eligible for services as public assistance recipients. The child support recovery unit shall determine the appropriate enforcement procedure to be used. The services are limited to the establishment of paternity, the establishment and enforcement of child support obligations and medical support obligations, and the enforcement of spousal support orders if the spouse is the custodial parent of a child for whom the department is enforcing a child support or medical support order.

(4)Application for services. A person who is not on public assistance requesting services under this chapter, except for those persons eligible to receive support services under paragraphs 95.2(2)"a," "b," and "c," shall complete and submit to the child support recovery unit Form 470-0188, or an electronic version of such application, for each parent from whom the person is seeking support. The person requesting services has the option to seek support from one or both of the child's parents.

This rule is intended to implement Iowa Code sections 252B.3 and 252B.4.

Iowa Admin. Code r. 441-95.2

Amended by IAB February 12, 2020/Volume XLII, Number 17, effective 3/18/2020

Amended by IAB December 28, 2022/Volume XLV, Number 13, effective 2/1/2023