The district court shall provide notice by sending a copy of the order for income withholding to the obligor's employer, trustee, or other payor of income by regular mail, with proof of service completed according to rule of civil procedure 82. The child support recovery unit shall provide notice of the income withholding order by sending a notice of the order to the obligor's employer, trustee, or other payor of income by regular mail. Proof of service may be completed according to rule of civil procedure 82. The order or the child support recovery unit's notice of the order may be sent to the employer, trustee, or other payor of income on the same date that the order is sent to the clerk of court for filing. In addition to the amount to be withheld for payment of support, the order or the child support recovery unit's notice of the order shall include all of the following information regarding the duties of the payor in implementing the withholding order:
1. The withholding order for child support has priority over a garnishment or an assignment for a purpose other than the support of the dependents in the court order being enforced.
2. As reimbursement for the payor's processing costs, the payor may deduct a fee of no more than two dollars for each payment in addition to the amount withheld for support.
3. The amount withheld for support, including the processing fee, shall not exceed the amounts specified in 15 U.S.C. § 1673(b).
4. The income withholding order is binding on an existing or future employer, trustee, or other payor ten days after receipt of the copy of the order or the child support recovery unit's notice of the order, and is binding whether or not the copy of the order received is file-stamped.
5. The payor shall send the amounts withheld to the collection services center or the clerk of the district court within ten working days of the date the obligor is paid.
6. The payor may combine amounts withheld from the obligor's wages in a single payment to the clerk of the district court or to the collection services center, as appropriate. Whether combined or separate, payments shall be identified by the name of the obligor, account number, amount, and the date withheld. If payments for multiple obligors are combined, the portion of the payment attributable to each obligor shall be specifically identified.
7. The payor shall deliver or send a copy of the order or the child support recovery unit's notice of the order to the obligor within one business day after receipt of the order or the child support recovery unit's notice of the order.
8. The withholding is binding on the payor until further notice by the court or the child support recovery unit.
9. If the payor fails to withhold income in accordance with the provisions of the order or the child support recovery unit's notice of the order, the payor is liable for the accumulated amount which should have been withheld, together with costs, interest, and reasonable attorney fees related to the collection of the amounts due from the payor.
10. The payor shall promptly notify the court or the child support recovery unit when the obligor's employment or other income terminates, and provide the obligor's last known address and the name and address of the obligor's new employer, if known.
11. Any payor who discharges an obligor, refuses to employ an obligor, or takes disciplinary action against an obligor based upon income withholding is guilty of a simple misdemeanor. A withholding order or the child support recovery unit's notice of the order has the same force and effect as any other district court order, including, but not limited to, contempt of court proceedings for noncompliance.
93 Acts, ch 78, §12; 95 Acts, ch 52, § 5, 6; 96 Acts, ch 1141, § 10, 11
Referred to in § 252D.1, 252D.18A
Iowa General Assembly
Search: Iowa Code 1997
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