Iowa Admin. Code r. 441-98.45

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

Rule 441-98.45 - Modification of income withholding

The child support recovery unit may modify a previously issued income withholding order or notice according to the guidelines established under rule 441-98.24 (252D) if it is determined that:

(1)Current support obligation changed. There has been a change in the amount of the current support obligation.

(2)Amount in error. The amount required to be withheld under the income withholding order or notice is in error as follows:

a. The amount required to be withheld as current support is not the amount specified in the order for support being enforced.

b. The guidelines established in rule 441-98.24(252D) were not followed.

(3)Past-due support paid. Any past-due support debt has been paid in full. The withholding order or notice shall be modified to require that only the current support obligation be withheld from the income of the obligor. Should a delinquency later accrue, the withholding order or notice may again be modified to secure an additional payment toward the delinquency. The amount of the arrears payment shall be set at 20 percent of the current support amount.

(4)Income withholding and determination of controlling orders. An obligation amount different than what the child support recovery unit has been enforcing is established upon the determination of controlling order as allowed in Iowa Code section 252K.207. Upon the change to the new obligation amount, the amount withheld to be applied toward the liquidation of any delinquency shall be 20 percent.

(5)Income withholding and review and adjustment of orders. The child support recovery unit has conducted a review of the obligation pursuant to 441-Chapter 99, Division IV. The unit shall modify the amount withheld to be applied toward the liquidation of any delinquency to 20 percent upon completion of the review and adjustment process.

(6)Implementation or termination of amended amount of withholding due to hardship. The child support recovery unit has determined that the withholding order should be modified based upon the hardship provisions in rule 441-98.25(252D).

Iowa Admin. Code r. 441-98.45

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