Iowa Admin. Code r. 441-99.85

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

Rule 441-99.85 - Financial information

The child support recovery unit may attempt to obtain and verify information concerning the financial circumstances of the parents subject to the order to be modified that is necessary to conduct an analysis and determine support. The unit does not require financial information if the request is for a cost-of-living alteration.

(1)Financial statements. Parents subject to the order shall provide a financial statement and verification of income within ten days of a written request by the unit.

a. If the modification action is based on a substantial change of circumstances:

(1) The requesting party must provide Form 470-2749, Request to Modify a Child Support Order, and documentation that proves the amount of change in net income and the date the change took place, such as:

1. Copies of state and federal income tax returns, W-2 statements, or pay stubs, or

2. A signed statement from an employer or other source of income.

(2) The unit shall review the request and documentation. If appropriate, the unit shall issue to each parent a notice of intent to modify the order as stated in subrule 99.84(1) and a financial statement. Each parent shall complete and sign the financial statement and return it to the unit with verification of income and deductions as described in subrule 99.1(3).

b. The unit may require a completed and signed financial statement and verification of income from each parent as described in subrule 99.1(3) if the modification is based on:

(1) Addition of a child;

(2) Changing a reserved or zero-dollar-amount obligation;

(3) Changing a medical-provisions-only obligation;

(4) Making a correction (if financial information is needed); or

(5) Noncompliance by a minor obligor as defined in Iowa Code section 598.21B(2)"e" or 598.21G.

c. The unit may also request that a parent requesting a modification provide an affidavit regarding the financial circumstances of the nonrequesting parent when the unit is otherwise unable to obtain financial information concerning the nonrequesting parent. The requesting parent shall complete the affidavit if the parent possesses sufficient information to do so.

d. The unit may also use occupational wage rate information or the median income for parents on the unit caseload to determine the gross income of a parent when a parent has failed to return a completed financial statement when requested and complete and accurate information is not readily available from other sources.

e. Self-employment income will be determined as described in subrule 99.1(5).

(2)Independent sources. The child support recovery unit may use other resources to obtain or confirm information concerning the financial circumstances of the parents subject to the order to be modified as described in rule 441-99.1 (234,252B).

(3)Guidelines calculations. The unit shall determine:

a. The appropriate amount of the child support obligation (excluding cost-of-living alteration amounts) as described in rules 441-99.1 (234,252B) through 441-99.5 (234,252B), and

b. Medical support provisions as described in Iowa Code chapter 252E and rules 441-98.1 (252E) through 441-98.7(252E).

Iowa Admin. Code r. 441-99.85

ARC 9352B, lAB 2/9/11, effective 4/1/11

Amended by IAB September 8, 2021/Volume XLIV, Number 5, effective 1/1/2022

Amended by IAB February 8, 2023/Volume XLV, Number 16, effective 4/1/2023