Iowa Admin. Code r. 871-24.46

Current through Register Vol. 47, No.14, January 8, 2025

Rule 871-24.46 - [Effective 2/12/2025] Child support intercept

The term "benefits" for child support intercept purposes means any compensation payable under Iowa Code chapter 96, including any amounts payable pursuant to any workforce development agreement under any federal law administered by the department.

(1)Information furnished to child support recovery unit. The department will furnish information to the child support recovery unit concerning all new claims filed that are monetarily eligible for benefits under any state or federal program administered by the department.

(2)Action taken by child support recovery unit. The child support recovery unit will contact the claimant to afford claimant opportunity to enter into an agreement regarding amounts to be deducted and withheld.

(3)Processing of payments. The child support recovery unit will furnish to the department the name and address of the designated public official to whom the amount deducted will be remitted. After the deduction, the remaining balance is credited to the claimant.

(4)Notice to claimant. The department will send a notice to the claimant explaining the beginning date and the amount of the weekly benefit deduction that satisfies the individual's child support obligation to the child support recovery unit. This notice, which explains the authority for the deduction and the claimant's right of appeal, will be issued when the first deduction is made from the benefit payment.

(5)Appeal rights on the child support deduction.

a. Any appeal on a child support deduction is limited to either the validity of the development's authority to make the deduction or the accuracy of the amount deducted.

b. The claimant will be advised to seek remedy either through the child support recovery unit or through the court system whenever the question of reasonableness or fairness of the deducted amount is raised in terms of ability to pay.

c. The department does not have the authority to change the amount of the deduction as specified by garnishment or voluntary agreement or to adjudicate any appeal from garnishment or voluntary agreement.

This rule is intended to implement Iowa Code sections 96.3 and 96.20.

Iowa Admin. Code r. 871-24.46

Amended by IAB February 22, 2023/Volume XLV, Number 17, effective 3/29/2023

Adopted by IAB January 8, 2025/Volume XLVII, Number 14, effective 2/12/2025