Iowa Admin. Code r. 441-99.41
Current through Regsiter Vol. 46, No. 26, June 12, 2024
Rule 441-99.41 - Establishment of an administrative order(1)When order may be established. The bureau chief may establish a child or medical support obligation against a responsible person through the administrative process. This does not preclude the child support recovery unit from pursuing the establishment of an ongoing support obligation through other available legal proceedings. When gathering information to establish a support order, the unit may obtain a signed Form 470-3877 or Form 470-3929 or a similar document from the child's caretaker.(2)Support debt. When public assistance is paid to or Medicaid is received by a child of the responsible person, or the dependent child's caretaker, a support debt is created and assigned to the department. When no public assistance is paid or Medicaid is received, the debt is owed to the individual caretaker.(3)Notice to responsible person. When the bureau chief establishes a support debt against a responsible person, a notice of child support debt shall be served in accordance with the Iowa Rules of Civil Procedure or Iowa Code section 252B.26. The notice shall include all of the rights and responsibilities shown in Iowa Code section 252C.3. The notice shall also inform the responsible person which of these rights may be waived pursuant to Iowa Code section 252C.12, and the procedures for and effect of waiving these rights. The notice shall include a statement that failure to respond within the time limits given and to provide information and verification of financial circumstances shall result in the entry of a default judgment for support.(4)Negotiation conference. The responsible person may, within ten calendar days after being served the notice of child support debt, request a negotiation conference with the office of the child support recovery unit which sent the notice.(5)Amount of support obligation. The child support recovery unit shall determine the amount of the child support obligation accrued and accruing using the child support guidelines established by the Iowa Supreme Court, and pursuant to the provisions of Iowa Code section 252B.7A. a. Any deviation from the guidelines shall require a written finding by the bureau chief.(7)Court hearing. Either the responsible person or the child support recovery unit may request a court hearing regarding the establishment of a support obligation through the administrative process.a. The request for a hearing by the responsible person shall be in writing and sent to the office of the child support recovery unit which sent the original notice of the support debt by the latest of the following:(1) Thirty days from the date of service of the first notice of support debt.(2) Ten days from the date of the negotiation conference.(3) Thirty days from the date the second notice and finding of financial responsibility is issued.(4) Ten days from the date of issuance of the conference report if the bureau chief does not issue a second notice and finding of financial responsibility after a conference was requested.b. When a request for a court hearing is received from the responsible person, within the time limits allowed, or is made by the child support recovery unit, the bureau chief shall schedule or request that the hearing be scheduled in the district court in the county: (1) Where the dependent child resides if the child resides in Iowa.(2) Where the responsible person resides if the child for whom support is sought resides in another state or the sole purpose of the administrative order is to secure a judgment for the time period that public assistance was expended by the state on behalf of the family or child.(8)Exception to time limit. The bureau chief may accept and respond to written requests for a court hearing beyond the time limits allowed in this rule.(9)Entry of order. If no request for a hearing is received from the responsible person at the local office of the child support recovery unit, or made by the unit, the bureau chief may prepare an order for support and have it presented ex parte to the court for approval.a. The attorney for the child support recovery unit shall present the order and other documents supporting the entry of the ex parte order to the court for review and approval. Pursuant to Iowa Code chapter 252C, the court shall approve the order unless defects appear in the order or supporting documents.b. The bureau chief shall file a copy of the approved order with the clerk of the district court.c. The bureau chief shall send a copy of the filed order by regular mail, to the caretaker's last-known address, to the responsible person's last-known address or the caretaker's or the responsible person's attorney pursuant to the provisions of Iowa Code chapter 252C within 14 days after approval and issuance of the order by the court.(10)Force and effect. Once the order has been signed by the judge and filed, it shall have all the force and effect of an order or decree entered by the court. Unless otherwise specified, the effective date of the support obligation shall be the twentieth day following the date the order is prepared by the unit.(11)Modification by bureau chief. The bureau chief may petition an appropriate court for modification of a court order on the same grounds as a party to the court order can petition the court for modification. This rule is intended to implement Iowa Code chapter 252C.
Iowa Admin. Code r. 441-99.41
ARC 1357C, IAB 3/5/2014, effective 5/1/2014Amended by IAB February 8, 2023/Volume XLV, Number 16, effective 4/1/2023