Iowa Admin. Code r. 441-98.24

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

Rule 441-98.24 - Amount of withholding

The child support recovery unit shall determine the amount to be withheld by the employer or other income providers as follows:

(1)Current support obligation exists. When a current support obligation exists, the amount withheld shall be an amount equal to the current support obligation, and an additional amount equal to 20 percent of the current support obligation to be applied toward the liquidation of any delinquency. However, the amount withheld to be applied toward the liquidation of any delinquency shall be 5 0 percent of the current support obligation for any support order entered or modified prior to July 1, 1998, and for which an income withholding order has been filed by the Iowa child support recovery unit prior to July 1, 1998.

(2)Current obligation ended. When the current support obligation has ended or has been suspended, the income withholding order shall remain in effect until any delinquency has been satisfied. The amount withheld shall be equal to the amount of the most recent prior current support obligation which is greater than zero. However, in the following circumstances, the amount withheld shall be 20 percent of the amount owed for current support at the time the obligation ended or was suspended:

a. There has been a change of legal custody from the obligee to the obligor.

b. The obligee and obligor have reconciled and have obtained a modification ending the current support obligation.

c. The current obligation is suspended through the suspension process.

d. In a foster care case, the order for parental liability ended when the child left placement, or an order ending the liability has been entered and the child in foster care has returned to the home of a parent ordered to pay parental liability. In this situation, the amount withheld shall be reduced to 20 percent of the current support amount when the obligation ended, but only for the parent with whom the child resides.

(3)No support ordered. When there is no current child support ordered and the obligation is solely the result of a judgment which does not specify a repayment schedule, the withholding amount shall be set at the amount for one person from the FIP schedule of basic needs.

(4)Lump-sum income source. Notwithstanding subrules 98.24(1), 98.24(2), and 98.24(3), when the obligor is paid by a lump-sum income source, the withholding amount may include all current and delinquent support due through the current month. Lump-sum income includes income received in a sole payment or in payments that occur at two-month or greater intervals.

Iowa Admin. Code r. 441-98.24

Amended by IAB November 7, 2018/Volume XLI, Number 10, effective 2/15/2019