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1 1 Section 1. NEW SECTION. 252J.1 DEFINITIONS.
1 2 As used in this chapter, unless the context otherwise
1 3 requires:
1 4 1. "Certificate of noncompliance" means a document
1 5 provided by the child support recovery unit certifying that
1 6 the named obligor is not in compliance with a support order or
1 7 with a written agreement for payment of support entered into
1 8 by the unit and the obligor.
1 9 2. "License" means a license, certification, registration,
1 10 permit, approval, renewal, or other similar authorization
1 11 issued to an obligor by a licensing authority which evidences
1 12 the admission to, or granting of authority to engage in, a
1 13 profession, occupation, business, or industry, or to operate
1 14 or register a motor vehicle. "License" does not mean or
1 15 include licenses for hunting, fishing, boating, or other
1 16 recreational activity.
1 17 3. "Licensee" means an obligor to whom a license has been
1 18 issued, or who is seeking the issuance of a license.
1 19 4. "Licensing authority" means a county treasurer, the
1 20 supreme court, or an instrumentality, agency, board,
1 21 commission, department, officer, organization, or any other
1 22 entity of the state, which has authority within this state to
1 23 suspend or revoke a license or to deny the renewal or issuance
1 24 of a license authorizing an obligor to register or operate a
1 25 motor vehicle or to engage in a business, occupation,
1 26 profession, or industry.
1 27 5. "Obligor" means a natural person as defined in section
1 28 252G.1 who has been ordered by a court or administrative
1 29 authority to pay support.
1 30 6. "Support" means support or support payments as defined
1 31 in section 252D.1, whether established through court or
1 32 administrative order.
1 33 7. "Support order" means an order for support issued
1 34 pursuant to chapter 232, 234, 252A, 252C, 252D, 252E, 252F,
1 35 252H, 598, 600B, or any other applicable chapter, or under a
2 1 comparable statute of a foreign jurisdiction as registered
2 2 with the clerk of the district court or certified to the child
2 3 support recovery unit.
2 4 8. "Unit" means the child support recovery unit created in
2 5 section 252B.2.
2 6 9. "Withdrawal of a certificate of noncompliance" means a
2 7 document provided by the unit certifying that the certificate
2 8 of noncompliance is withdrawn and that the licensing authority
2 9 may proceed with issuance, reinstatement, or renewal of an
2 10 obligor's license.
2 11 Sec. 2. NEW SECTION. 252J.2 PURPOSE AND USE.
2 12 1. Notwithstanding other statutory provisions to the
2 13 contrary, and if an obligor has not been cited for contempt
2 14 and enjoined from engaging in the activity governed by a
2 15 license pursuant to section 598.23A, the unit may utilize the
2 16 process established in this chapter to collect support.
2 17 2. An obligor is subject to the provisions of this chapter
2 18 if the obligor's support obligation is being enforced by the
2 19 unit, if the support payments required by a support order to
2 20 be paid to the clerk of the district court or the collection
2 21 services center pursuant to section 598.22 are not paid and
2 22 become delinquent in an amount equal to the support payment
2 23 for ninety days, and if the obligor's situation meets other
2 24 criteria specified under rules adopted by the department
2 25 pursuant to chapter 17A. The criteria specified by rule shall
2 26 include consideration of the length of time since the
2 27 obligor's last support payment and the total amount of support
2 28 owed by the obligor.
2 29 3. Actions initiated by the unit under this chapter shall
2 30 not be subject to contested case proceedings or further review
2 31 pursuant to chapter 17A and any resulting court hearing shall
2 32 be an original hearing before the district court.
2 33 4. Notwithstanding the confidentiality provisions of
2 34 chapter 252B or 422, or any other statutory provision
2 35 pertaining to the confidentiality of records, a licensing
3 1 authority shall exchange information with the unit through
3 2 manual or automated means. Information exchanged under this
3 3 chapter for the purposes of this chapter or chapter 598 shall
3 4 be used solely for the purpose of identifying licensees
3 5 subject to enforcement pursuant to this chapter or chapter
3 6 598.
3 7 Sec. 3. NEW SECTION. 252J.3 NOTICE TO OBLIGOR OF
3 8 POTENTIAL SANCTION OF LICENSE.
3 9 The unit shall proceed in accordance with this chapter only
3 10 if notice is served on the obligor in accordance with R.C.P.
3 11 56.1 or notice is sent by certified mail addressed to the
3 12 obligor's last known address and served upon any person who
3 13 may accept service under R.C.P. 56.1. Return acknowledgment
3 14 is required to prove service by certified mail. The notice
3 15 shall include all of the following:
3 16 1. The address and telephone number of the unit and the
3 17 unit case number.
3 18 2. A statement that the obligor is not in compliance with
3 19 a support order.
3 20 3. A statement that the obligor may request a conference
3 21 with the unit to contest the action.
3 22 4. A statement that if, within twenty days of service of
3 23 notice on the obligor, the obligor fails to contact the unit
3 24 to schedule a conference, the unit shall issue a certificate
3 25 of noncompliance, bearing the obligor's name, social security
3 26 number, unit case number, and the docket number of a support
3 27 order requiring the obligor to pay support, to any appropriate
3 28 licensing authority, certifying that the obligor is not in
3 29 compliance with a support order.
3 30 5. A statement that in order to stay the issuance of a
3 31 certificate of noncompliance the request for a conference
3 32 shall be in writing and shall be received by the unit within
3 33 twenty days of service of notice on the obligor.
3 34 6. The names of the licensing authorities to which the
3 35 unit intends to issue a certificate of noncompliance.
4 1 7. A statement that if the unit issues a certificate of
4 2 noncompliance to an appropriate licensing authority, the
4 3 licensing authority shall initiate proceedings to refuse to
4 4 issue or renew, or to suspend or revoke the obligor's license,
4 5 unless the unit provides the licensing authority with a
4 6 withdrawal of a certificate of noncompliance.
4 7 Sec. 4. NEW SECTION. 252J.4 CONFERENCE.
4 8 1. The obligor may schedule a conference with the unit
4 9 following service of notice pursuant to section 252J.3, or at
4 10 any time after service of notice of suspension, revocation,
4 11 denial of issuance, or nonrenewal of a license from a
4 12 licensing authority, to challenge the unit's actions under
4 13 this chapter.
4 14 2. The request for a conference shall be made to the unit,
4 15 in writing, and, if requested after service of a notice
4 16 pursuant to section 252J.3, shall be received by the unit
4 17 within twenty days following service of notice.
4 18 3. The unit shall notify the obligor of the date, time,
4 19 and location of the conference by regular mail, with the date
4 20 of the conference to be no earlier than ten days following
4 21 issuance of notice of the conference by the unit. If the
4 22 obligor fails to appear at the conference, the unit shall
4 23 issue a certificate of noncompliance.
4 24 4. Following the conference, the unit shall issue a
4 25 certificate of noncompliance unless any of the following
4 26 applies:
4 27 a. The unit finds a mistake in the identity of the
4 28 obligor.
4 29 b. The unit finds a mistake in determining that the amount
4 30 of delinquent support is equal to or greater than one month.
4 31 c. The obligor enters a written agreement with the unit to
4 32 comply with a support order, the obligor complies with an
4 33 existing written agreement to comply with a support order, or
4 34 the obligor pays the total amount of delinquent support due.
4 35 d. Issuance of a certificate of noncompliance is not
5 1 appropriate under other criteria established in accordance
5 2 with rules adopted by the department pursuant to chapter 17A.
5 3 5. The unit shall grant the obligor a stay of the issuance
5 4 of a certificate of noncompliance upon receiving a timely
5 5 written request for a conference, and if a certificate of
5 6 noncompliance has previously been issued, shall issue a
5 7 withdrawal of a certificate of noncompliance if the obligor
5 8 enters into a written agreement with the unit to comply with a
5 9 support order.
5 10 6. If the obligor does not timely request a conference or
5 11 pay the total amount of delinquent support owed within twenty
5 12 days of service of the notice pursuant to section 252J.3, the
5 13 unit shall issue a certificate of noncompliance.
5 14 Sec. 5. NEW SECTION. 252J.5 WRITTEN AGREEMENT.
5 15 1. If an obligor is subject to this chapter as established
5 16 in section 252J.2, the obligor and the unit may enter into a
5 17 written agreement for payment of support and compliance which
5 18 takes into consideration the obligor's ability to pay and
5 19 other criteria established by rule of the department. The
5 20 written agreement shall include all of the following:
5 21 a. The method, amount, and dates of support payments by
5 22 the obligor.
5 23 b. A statement that upon breach of the written agreement
5 24 by the obligor, the unit shall issue a certificate of
5 25 noncompliance to any appropriate licensing authority.
5 26 2. A written agreement entered into pursuant to this
5 27 section does not preclude any other remedy provided by law and
5 28 shall not modify or affect an existing support order.
5 29 3. Following issuance of a certificate of noncompliance,
5 30 if the obligor enters into a written agreement with the unit,
5 31 the unit shall issue a withdrawal of the certificate of
5 32 noncompliance and shall forward a copy of the withdrawal by
5 33 regular mail to the obligor and any appropriate licensing
5 34 authority.
5 35 Sec. 6. NEW SECTION. 252J.6 DECISION OF THE UNIT.
6 1 1. If an obligor is not in compliance with a support order
6 2 pursuant to section 252J.2, the unit notifies the obligor
6 3 pursuant to section 252J.3, and the obligor requests a
6 4 conference pursuant to section 252J.4, the unit shall issue a
6 5 written decision if any of the following conditions exists:
6 6 a. The obligor fails to appear at a scheduled conference
6 7 under section 252J.4.
6 8 b. A conference is held under section 252J.4.
6 9 c. The obligor fails to comply with a written agreement
6 10 entered into by the obligor and the unit under section 252J.5.
6 11 2. The unit shall send a copy of the written decision to
6 12 the obligor by regular mail at the obligor's most recent
6 13 address of record. If the decision is made to issue a
6 14 certificate of noncompliance or to withdraw the certificate of
6 15 noncompliance, a copy of the certificate of noncompliance or
6 16 of the withdrawal of the certificate of noncompliance shall be
6 17 attached to the written decision. The written decision shall
6 18 state all of the following:
6 19 a. That a copy of the certificate of noncompliance or
6 20 withdrawal of the certificate of noncompliance has been
6 21 provided to the licensing authorities named in the notice
6 22 provided pursuant to section 252J.3.
6 23 b. That upon receipt of a certificate of noncompliance,
6 24 the licensing authority shall initiate proceedings to suspend,
6 25 revoke, deny issuance, or deny renewal of a license, unless
6 26 the licensing authority is provided with a withdrawal of a
6 27 certificate of noncompliance from the unit.
6 28 c. That in order to obtain a withdrawal of a certificate
6 29 of noncompliance from the unit, the obligor shall enter into a
6 30 written agreement with the unit, comply with an existing
6 31 written agreement with the unit, or pay the total amount of
6 32 delinquent support owed.
6 33 d. That if the unit issues a written decision, which
6 34 includes a certificate of noncompliance that all of the
6 35 following apply:
7 1 (1) The obligor may request a hearing as provided in
7 2 section 252J.9, before the district court in the county in
7 3 which the underlying support order is filed, by filing a
7 4 written application to the court challenging the issuance of
7 5 the certificate of noncompliance by the unit and sending a
7 6 copy of the application to the unit within the time period
7 7 specified in section 252J.9.
7 8 (2) The obligor may retain an attorney at the obligor's
7 9 own expense to represent the obligor at the hearing.
7 10 (3) The scope of review of the district court shall be
7 11 limited to demonstration of a mistake of fact related to the
7 12 delinquency of the obligor.
7 13 3. If the unit issues a certificate of noncompliance, the
7 14 unit shall only issue a withdrawal of the certificate of
7 15 noncompliance if any of the following applies:
7 16 a. The unit or the court finds a mistake in the identity
7 17 of the obligor.
7 18 b. The unit or the court finds a mistake in determining
7 19 that the amount of delinquent support due is equal to or
7 20 greater than one month.
7 21 c. The obligor enters a written agreement with the unit to
7 22 comply with a support order, the obligor complies with an
7 23 existing written agreement to comply with a support order, or
7 24 the obligor pays the total amount of delinquent support owed.
7 25 d. Issuance of a withdrawal of the certificate of
7 26 noncompliance is appropriate under other criteria in
7 27 accordance with rules adopted by the department pursuant to
7 28 chapter 17A.
7 29 Sec. 7. NEW SECTION. 252J.7 CERTIFICATE OF NONCOMPLIANCE
7 30 &endash; CERTIFICATION TO LICENSING AUTHORITY.
7 31 1. If the obligor fails to respond to the notice of
7 32 potential license sanction provided pursuant to section 252J.3
7 33 or the unit issues a written decision under section 252J.6
7 34 which states that the obligor is not in compliance, the unit
7 35 shall certify, in writing, to any appropriate licensing
8 1 authority that the support obligor is not in compliance with a
8 2 support order and shall include a copy of the certificate of
8 3 noncompliance.
8 4 2. The certificate of noncompliance shall contain the
8 5 obligor's name, social security number, and the docket number
8 6 of the applicable support order.
8 7 3. The certificate of noncompliance shall require all of
8 8 the following:
8 9 a. That the licensing authority initiate procedures for
8 10 the revocation or suspension of the obligor's license, or for
8 11 the denial of the issuance or renewal of a license using the
8 12 licensing authority's procedures.
8 13 b. That the licensing authority provide notice to the
8 14 obligor, as provided in section 252J.8, of the intent to
8 15 suspend, revoke, deny issuance, or deny renewal of a license
8 16 including the effective date of the action. The suspension,
8 17 revocation, or denial shall be effective no sooner than thirty
8 18 days following provision of notice to the obligor.
8 19 Sec. 8. NEW SECTION. 252J.8 REQUIREMENTS AND PROCEDURES
8 20 OF LICENSING AUTHORITY.
8 21 1. A licensing authority shall maintain records of
8 22 licensees by name, current known address, and social security
8 23 number.
8 24 2. In addition to other grounds for suspension, revocation
8 25 or denial of issuance or renewal of a license, a licensing
8 26 authority shall include in rules adopted by the licensing
8 27 authority as grounds for suspension, revocation, or denial of
8 28 issuance or renewal of a license, the receipt of a certificate
8 29 of noncompliance from the unit.
8 30 3. The supreme court shall prescribe rules for admission
8 31 of persons to practice as attorneys and counselors pursuant to
8 32 chapter 602, article 10, which include provisions, as
8 33 specified in this chapter, for the denial, suspension, or
8 34 revocation of the admission for failure to comply with a child
8 35 support order.
9 1 4. A licensing authority that is issued a certificate of
9 2 noncompliance shall initiate procedures for the suspension,
9 3 revocation, or denial of issuance or renewal of licensure to
9 4 an obligor. The licensing authority shall utilize existing
9 5 rules and procedures for suspension, revocation, or denial of
9 6 the issuance or renewal of a license.
9 7 In addition, the licensing authority shall provide notice
9 8 to the obligor of the licensing authority's intent to suspend,
9 9 revoke, or deny issuance or renewal of a license under this
9 10 chapter. The suspension, revocation, or denial shall be
9 11 effective no sooner than thirty days following provision of
9 12 notice to the obligor. The notice shall state all of the
9 13 following:
9 14 a. The licensing authority intends to suspend, revoke, or
9 15 deny issuance or renewal of an obligor's license due to the
9 16 receipt of a certificate of noncompliance from the unit.
9 17 b. The obligor must contact the unit to schedule a
9 18 conference or to otherwise obtain a withdrawal of a
9 19 certificate of noncompliance.
9 20 c. Unless the unit furnishes a withdrawal of a certificate
9 21 of noncompliance to the licensing authority within thirty days
9 22 of the issuance of the notice under this section, the
9 23 obligor's license will be revoked, suspended, or denied.
9 24 d. If the licensing authority's rules and procedures
9 25 conflict with the additional requirements of this section, the
9 26 requirements of this section shall apply. Notwithstanding
9 27 section 17A.18, the obligor does not have a right to a hearing
9 28 before the licensing authority to contest the authority's
9 29 actions under this chapter but may request a court hearing
9 30 pursuant to section 252J.9 within thirty days of the provision
9 31 of notice under this section.
9 32 5. If the licensing authority receives a withdrawal of a
9 33 certificate of noncompliance from the unit, the licensing
9 34 authority shall immediately reinstate, renew, or issue a
9 35 license if the obligor is otherwise in compliance with
10 1 licensing requirements established by the licensing authority.
10 2 Sec. 9. NEW SECTION. 252J.9 DISTRICT COURT HEARING.
10 3 1. Following the issuance of a written decision by the
10 4 unit under section 252J.6 which includes the issuance of a
10 5 certificate of noncompliance, or following provision of notice
10 6 to the obligor by a licensing authority pursuant to section
10 7 252J.8, an obligor may seek review of the decision and request
10 8 a hearing before the district court in the county in which the
10 9 underlying support order is filed, by filing an application
10 10 with the district court, and sending a copy of the application
10 11 to the unit by regular mail. An application shall be filed to
10 12 seek review of the decision by the unit or following issuance
10 13 of notice by the licensing authority no later than within
10 14 thirty days after the issuance of the notice pursuant to
10 15 section 252J.8. The clerk of the district court shall
10 16 schedule a hearing and mail a copy of the order scheduling the
10 17 hearing to the obligor and the unit and shall also mail a copy
10 18 of the order to the licensing authority, if applicable. The
10 19 unit shall certify a copy of its written decision and
10 20 certificate of noncompliance, indicating the date of issuance,
10 21 and the licensing authority shall certify a copy of a notice
10 22 issued pursuant to section 252J.8, to the court prior to the
10 23 hearing.
10 24 2. The filing of an application pursuant to this section
10 25 shall automatically stay the actions of a licensing authority
10 26 pursuant to section 252J.8. The hearing on the application
10 27 shall be scheduled and held within thirty days of the filing
10 28 of the application. However, if the obligor fails to appear
10 29 at the scheduled hearing, the stay shall be lifted and the
10 30 licensing authority shall continue procedures pursuant to
10 31 section 252J.8.
10 32 3. The scope of review by the district court shall be
10 33 limited to demonstration of a mistake of fact relating to the
10 34 delinquency of the obligor. Issues related to visitation,
10 35 custody, or other provisions not related to the support
11 1 provisions of a support order are not grounds for a hearing
11 2 under this chapter.
11 3 4. Support orders shall not be modified by the court in a
11 4 hearing under this chapter.
11 5 5. If the court finds that the unit was in error in
11 6 issuing a certificate of noncompliance, or in failing to issue
11 7 a withdrawal of a certificate of noncompliance, the unit shall
11 8 issue a withdrawal of a certificate of noncompliance to the
11 9 appropriate licensing authority.
11 10 Sec. 10. Section 252H.10, Code 1995, is amended by adding
11 11 the following new unnumbered paragraph:
11 12 NEW UNNUMBERED PARAGRAPH. The periodic due date
11 13 established under a prior order for payment of child support
11 14 shall not be changed in any order modified as a result of an
11 15 action initiated under this chapter, unless the child support
11 16 recovery unit or the court determines that good cause exists
11 17 to change the periodic due date. If the unit or the court
11 18 determines that good cause exists, the unit or the court shall
11 19 include the rationale for the change in the modified order and
11 20 shall address the issue of reconciliation of any payments due
11 21 or made under a prior order which would result in payment of
11 22 the child support obligation under both the prior and the
11 23 modified orders.
11 24 Sec. 11. Section 598.21, subsection 4, Code 1995, is
11 25 amended by adding the following new paragraph:
11 26 NEW PARAGRAPH. e. Unless the special circumstances of the
11 27 case justify a deviation, the court or the child support
11 28 recovery unit shall establish a monthly child support payment
11 29 of twenty-five dollars for a parent who is nineteen years of
11 30 age or younger, who has not received a high school or high
11 31 school equivalency diploma, and to whom each of the following
11 32 apply:
11 33 (1) The parent is attending a school or program described
11 34 as follows or has been identified as one of the following:
11 35 (a) The parent is in full-time attendance at an accredited
12 1 school and is pursuing a course of study leading to a high
12 2 school diploma.
12 3 (b) The parent is attending an instructional program
12 4 leading to a high school equivalency diploma.
12 5 (c) The parent is attending a vocational education program
12 6 approved pursuant to chapter 258.
12 7 (d) The parent has been identified by the director of
12 8 special education of the area education agency as a child
12 9 requiring special education as defined in section 256B.2.
12 10 (2) The parent provides proof of compliance with the
12 11 requirements of subparagraph (1) to the child support recovery
12 12 unit, if the unit is providing services under chapter 252B, or
12 13 if the unit is not providing services pursuant to chapter
12 14 252B, to the court as the court may direct.
12 15 Failure to provide proof of compliance under this
12 16 subparagraph is grounds for modification of the support order
12 17 using the uniform child support guidelines and imputing an
12 18 income to the parent equal to a forty-hour work week at the
12 19 state minimum wage, unless the parent's education, experience,
12 20 or actual earnings justify a higher income.
12 21 Sec. 12. Section 598.21, subsection 8, Code 1995, is
12 22 amended by adding the following new unnumbered paragraph:
12 23 NEW UNNUMBERED PARAGRAPH. The periodic due date
12 24 established under a prior order for payment of child support
12 25 shall not be changed in any modified order under this section,
12 26 unless the court determines that good cause exists to change
12 27 the periodic due date. If the court determines that good
12 28 cause exists, the court shall include the rationale for the
12 29 change in the modified order and shall address the issue of
12 30 reconciliation of any payments due or made under a prior order
12 31 which would result in payment of the child support obligation
12 32 under both the prior and the modified orders.
12 33 Sec. 13. NONPUBLIC ASSISTANCE RECIPIENTS CHILD SUPPORT
12 34 RECOVERY COSTS &endash; EVALUATION AND RECOMMENDATIONS. The child
12 35 support recovery unit shall evaluate the costs of services
13 1 provided by the unit to nonpublic assistance recipients of
13 2 services and shall submit a report to the general assembly on
13 3 or before January 1, 1996, which includes recommendations and
13 4 budget requests for coverage of these costs which are
13 5 alternatives to payment of any fees by nonpublic assistance
13 6 recipients of child support. An alternative to payment of
13 7 fees by nonpublic assistance recipients of child support shall
13 8 be implemented on or before July 1, 1996.
13 9 Sec. 14. IMPLEMENTATION. Sections 1 through 9 of this Act
13 10 may be implemented by the child support recovery unit and any
13 11 applicable licensing authority prior to adoption of rules by
13 12 the licensing authority as required pursuant to section
13 13 252J.8. However, a licensing authority shall adopt rules as
13 14 required by section 252J.8 on or before January 1, 1996.
13 15 SF 431
13 16 pf/cc/26
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