Iowa Admin. Code r. 441-98.43

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

Rule 441-98.43 - Contesting the withholding

The obligor may contest the income withholding by means of an informal conference with the child support recovery unit or by filing a motion to quash.

(1)Motion to quash Procedures for filing a motion to quash the order or the notice of income withholding are specified in Iowa Code chapter 252D.

(2)Informal conference.

a. The obligor shall be entitled to only one informal conference for each new or modified income withholding order or notice issued by the child support recovery unit that specifies a new or modified total amount to withhold.

b. Procedures for the informal conference are as follows:

(1) The child support recovery unit shall inform the obligor in writing of the right to request an informal conference.

(2) The obligor may request an informal conference with the child support recovery unit if the obligor believes the withholding is in error.

(3) The obligor shall request an informal conference in writing.

(4) The child support recovery unit shall schedule an informal conference within 15 calendar days of the receipt of a written request from the obligor or the obligor's representative.

(5) The child support recovery unit may conduct the conference in person or by telephone.

(6) If the obligor fails to attend the conference, only one alternative time shall be scheduled by the child support recovery unit.

(7) The child support recovery unit shall issue a written decision to the obligor within ten calendar days of the conference.

(8) If the child support recovery unit has not complied with rule 441-98.24 (252D), it shall then adjust the income withholding amount.

c. The issues to be reviewed at the conference shall be as follows:

(1) For all income withholding orders or notices, whether:

1. The identity of the obligor is in error.

2. The amount of the current support obligation is in error.

(2) For orders or notices resulting from the existence of a delinquency, whether:

1. The amount of delinquent support is in error.

2. For income withholding orders or notices issued after November 1, 1990, whether the guidelines described at rule 441-98.24(252D) were followed.

(3) For immediate income withholding orders or notices, whether the criteria of rules 441-98.32 (252D) and 441-98.34 (252D) were appropriately applied.

d. The results of an informal conference shall in no way affect the right of the obligor to file a motion to quash the income withholding order or notice with the court.

(3)Income withholding issued from another state. The child support recovery unit shall follow procedures for a motion to quash or a request for hardship or conduct an informal conference based on an income withholding order or notice issued in another state only if the unit is providing services under 441-Chapter 95.

Iowa Admin. Code r. 441-98.43

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