This file contains STRIKE and UNDERSCORE. If you cannot see either STRIKE or UNDERSCORE attributes or would like to change how these attributes are displayed, please use the following form to make the desired changes.

House Journal: Page 1613: Monday, April 28, 1997

(2)  The department shall adopt rules which include, but are not
limited to, exemption from application of this section to
proceedings based upon, but not limited to, any of the following:
(a)  A finding of good cause pursuant to section 252B.3.
(b)  The existence of a support obligation due another state
based upon public assistance provided by that state.
(c)  The maintaining of another proceeding by an attorney under
this section for which the unit has not received notice that the
proceeding has concluded or the ninety-day period during which a
collection may be received pertaining to the same case has not
yet expired.
(d)  The initiation of a seek employment action under section
252B.21, and the notice from the attorney indicates that the
attorney intends to pursue a contempt action.
(e)  Any other basis for exemption of a specified proceeding
designated by rule which relates to collection and enforcement
actions provided by the unit.
3.  The unit shall issue a response to the attorney providing
notice within ten days of receipt of the notice.  The response
shall advise the attorney whether the case to which the
specified judicial proceeding applies meets the requirements of
this section.
4.  For the purposes of this section, a "judicial proceeding"
means an action to enforce support filed with a court of
competent jurisdiction in which the court issues an order which
identifies the amount of the support collection which is a
direct result of the court proceeding.  "Judicial proceedings"
include but are not limited to those pursuant to chapters 598,
626, 633, 642, 654, or 684 and also include contempt proceedings
if the collection payment is identified in the court order as
the result of such a proceeding.  "Judicial proceedings" do not
include enforcement actions which the unit is required to
implement under federal law including, but not limited to,
income withholding.
5.  All of the following are applicable to a collection which is
the result of a judicial proceeding which meets the requirements
of this section:
a.  All payments made as the result of a judicial proceeding
under this section shall be made to the clerk of the district
court or to the collection services center and shall not be made
to the attorney.  Payments received by the clerk of the district
court shall be forwarded to the collection services center as
provided in section 252B.15.
b.  The attorney shall be entitled to receive an amount which is
equal to twenty-five percent of the support collected as the
result of the specified judicial proceeding not to exceed the
amount of the nonfederal share of assigned support collected as
the result of that proceeding.  The amount paid under this
paragraph is the full amount of compensation due the attorney
for a proceeding under this section and is in lieu of any
attorney fees.  The court shall not order the obligor to pay
additional attorney fees.  The amount of compensation calculated
by the unit is subject, upon application of the attorney, to
judicial review.
c.  Any support collected shall be disbursed in accordance with
federal requirements and any support due the obligee shall be
disbursed to the obligee prior to disbursement to the attorney
as compensation.

Iowa General Assembly

Index: House Journal (77th General Assembly: Session 1)

© 1997 Cornell College and League of Women Voters of Iowa

Comments about this site or page? hjourn@legis.iowa.gov. Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Thu May 1 10:10:03 CDT 1997
URL: /DOCS/GA/77GA/Session.1/HJournal/01600/01613.html
jhf