Iowa Admin. Code r. 441-98.46

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

Rule 441-98.46 - Refunds of amounts improperly withheld

The child support recovery unit shall refund to the obligor any amounts improperly withheld and received by the department under an income withholding order or notice issued by the unit, subject to the following:

(1)Services provided by the department. Only those amounts received by the department during the period enforcement services are being provided are subject to refund.

(2)Satisfaction of amount to withhold. No refund shall be made unless amounts have been collected which fully satisfy the amount specified in the income withholding order or notice for the withholding period during which income has been generated.

(3)When issued. Any amounts received in excess of the amounts specified in the order or notice to withhold shall be issued to the obligor within 30 days of discovery by the child support recovery unit, unless the obligor requests in writing that these amounts be credited toward the delinquency or future child support. If there is a dispute regarding whether there is an overpayment, the obligor may request an informal conference by following the procedures set out in subparagraphs 98.43(2)"a "(3) through (7). This procedure shall not preclude the obligor from utilizing other civil remedies.

(4)Recovery by department. The department may recover payments from the obligee in excess of those described in subrule 98.46(2) which have been received by the department and improperly forwarded to the obligee.

Iowa Admin. Code r. 441-98.46

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