Iowa Code § 252H.2

Current through March 29, 2024

Section 252H.2 - Definitions

1. As used in this chapter, unless the context otherwise requires, "caretaker", "court order", "department", "dependent child", "medical support", and "responsible person" mean the same as defined in section 252C.1.

2. As used in this chapter, unless the context otherwise requires:

a. "Act" means the federal Social Security Act.

b."Adjustment" applies only to the child support provisions of a support order and means either of the following:

(1) A change in the amount of child support based upon an application of the child support guidelines established pursuant to section 598.21B.

(2) An addition of or change to provisions for medical support as provided in chapter 252E.

c. "Child" means a child as defined in section 252B.1.

d."Child support agency" means any state, county, or local office or entity of another state that has the responsibility for providing child support enforcement services under Tit. IV-D of the Act.

e."Child support services" means child support services created in section 252B.2.

f."Cost-of-living alteration" means a change in an existing child support order which equals an amount which is the amount of the support obligation following application of the percentage change of the consumer price index for all urban consumers, United States city average, as published in the federal register by the federal department of labor, bureau of labor statistics.

g."Determination of controlling order" means the process of identifying a child support order which must be recognized pursuant to section 252K.207 and 28 U.S.C. § 1738B, when more than one state has issued a support order for the same child and the same obligor, and may include a reconciliation of arrearages with information related to the calculation. Registration of an order of another state or foreign country is not necessary for a court or child support services to make a determination of controlling order.

h."Modification" means either of the following:

(1) A change, correction, or termination of an existing support order.

(2) The establishment of a child or medical support obligation in a previously established order entered pursuant to chapter 234, 252A, 252C, 598, 600B, or any other support proceeding, in which such support was not previously established, or in which support was previously established and subsequently terminated prior to the emancipation of the children affected.

i."Parent" means, for the purposes of requesting a review of a support order and for being entitled to notice under this chapter:

(1) The individual ordered to pay support pursuant to the order.

(2) An individual or entity entitled to receive current or future support payments pursuant to the order, or pursuant to a current assignment of support including but not limited to an agency of this or any other state that is currently providing public assistance benefits to the child for whom support is ordered and any child support agency. Service of notice of an action initiated under this chapter on an agency is not required, but the agency may be advised of the action by other means.

j."Public assistance" means benefits received in this state or any other state, under Tit. IV-A (temporary assistance to needy families), IV-E (foster care), or XIX (Medicaid) of the Act.

k."Review" means an objective evaluation conducted through a proceeding before a court, administrative body, or an agency, of information necessary for the application of a state's mandatory child support guidelines to determine:

(1) The appropriate monetary amount of support.

(2) Provisions for medical support.

l. "State" means "state" as defined in chapter 252K.

m."Support order" means an order for support issued pursuant to this chapter, chapter 232, 234, 252A, 252C, 252E, 252F, 598, 600B, or any other applicable chapter, or under a comparable statute of another state or foreign country as registered with the clerk of court or certified to child support services.

Iowa Code § 252H.2

93 Acts, ch 78, §25; 93 Acts, ch 79, §47; 97 Acts, ch 175, §94 - 96; 98 Acts, ch 1170, §35; 2002 Acts, ch 1018, §10; 2005 Acts, ch 69, §20; 2007 Acts, ch 218, § 179, 180, 187; 2008 Acts, ch 1019, §18, 20; 2009 Acts, ch 41, § 263; 2011 Acts, ch 67, § 2; 2015 Acts, ch 110, § 104; 2016 Acts, ch 1011, § 41; 2023 Acts, ch 19, § 921

Amended by 2023 Iowa, ch 19, s 921, eff. 7/1/2023.

Amended by 2016 Iowa, ch 1011, s 41, eff. 7/1/2016.

Amended by 2015 Iowa, ch 110, s 104, eff. 7/1/2015.

93 Acts, ch 78, §25; 93 Acts, ch 79, §47; 97 Acts, ch 175, §94 - 96; 98 Acts, ch 1170, §35; 2002 Acts, ch 1018, §10; 2005 Acts, ch 69, §20; 2007 Acts, ch 218, §179, 180, 187; 2008 Acts, ch 1019, §18, 20; 2009 Acts, ch 41, §263; 2011 Acts, ch 67, §2

Referred to in §252B.1, 252I.4, 252J.1

Section amended