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252D.11 Motion to quash.

1. Grounds for contesting a withholding order under this subchapter are any of the following:

a. A mistake of fact, which for purposes of this section means an error in the amount of current or overdue support or the identity of the alleged obligor.

b. The conditions for exception to immediate income withholding as defined under section 252D.8 existed at the time of implementation of the withholding.

2. The clerk of the district court shall schedule a hearing on the motion to quash for a time not later than seven days after the filing of the motion to quash and the notice of the motion to quash. The clerk shall mail to the parties copies of the motion to quash, the notice of the motion to quash, and the order scheduling the hearing.

3. The payor shall withhold and transmit the amount specified in the order of assignment to the clerk of the district court or the collection services center, as appropriate, until the notice that a motion to quash has been granted is received.

Section History: Recent form

90 Acts, ch 1123, §4


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