The child support recovery unit shall provide the following services:
1. Assistance in the location of an absent parent or any other person who has an obligation to support the child of the resident parent.
2. Aid in establishing paternity and securing a court or administrative order for support pursuant to chapter 252A, 252C, 252F, or 600B, or any other chapter providing for the establishment of paternity or support.
3. Aid in enforcing through court or administrative proceedings an existing court order for support issued pursuant to chapter 252A, 252C, 252F, 598, or 600B, or any other chapter under which child or medical support is granted. The director may enter into a contract with a private collection agency to collect support payments for cases which have been identified by the department as difficult collection cases if the department determines that this form of collection is more cost-effective than departmental collection methods. The department shall utilize, to the maximum extent possible, every available automated process to collect support payments prior to referral of a case to a private collection agency. A private collection agency with whom the department enters a contract under this subsection shall comply with state and federal confidentiality requirements and debt collection laws. The director may use a portion of the state share of funds collected through this means to pay the costs of any contract authorized under this subsection.
4. Assistance to set off against a debtor's income tax refund or rebate any debt, which is assigned to the department of human services or which the child support recovery unit is attempting to collect on behalf of any individual not eligible as a public assistance recipient, which has accrued through written contract, subrogation, or court judgment, and which is in the form of a liquidated sum due and owing for the care, support or maintenance of a child. The department of human services shall promulgate rules pursuant to chapter 17A necessary to assist the department of revenue and finance in the implementation of the child support setoff as established under section 421.17, subsection 21.
5. Determine periodically whether an individual receiving unemployment compensation benefits under chapter 96 owes a support obligation which is being enforced by the unit, and enforce the support obligation through court or administrative proceedings to have specified amounts withheld from the individual's unemployment compensation benefits.
6. Assistance in obtaining medical support as defined in chapter 252E.
7. At the request of either parent who is subject to the order of support or upon its own initiation, review the amount of the support award in accordance with the guidelines established pursuant to section 598.21, subsection 4, and Title IV-D of the federal Social Security Act, as amended, and take action to initiate modification proceedings if the criteria established pursuant to this section are met. However, a review of a support award is not required if the child support recovery unit determines that such a review would not be in the best interest of the child and neither parent has requested such review.
The department shall adopt rules no later than October 13, 1990, setting forth the process for review of requests for modification of support obligations and the criteria and process for taking action to initiate modification proceedings.
8. a. Assistance, in consultation with the department of revenue and finance, in identifying and taking action against self-employed individuals as identified by the following conditions:
(1) The individual owes support pursuant to a court or administrative order being enforced by the unit and is delinquent in an amount equal to or greater than the support obligation amount assessed for one month.
(2) The individual has filed a state income tax return in the preceding twelve months.
(3) The individual has no reported tax withholding amount on the most recent state income tax return.
(4) The individual has failed to enter into or comply with a formalized repayment plan with the unit.
(5) The individual has failed to make either all current support payments in accordance with the court or administrative order or to make payments against any delinquency in each of the preceding twelve months.
b. Notwithstanding section 252B.9, the unit may forward information to the department of revenue and finance as necessary to implement this subsection, including but not limited to both of the following:
(1) The name and social security number of the individual.
(2) Support obligation information in the specific case, including the amount of the delinquency.
9. The review and adjustment, modification, or alteration of a support order pursuant to chapter 252H upon adoption of rules pursuant to chapter 17A and periodic notification, at a minimum of once every three years, to parents subject to a support order of their rights to these services.
10. The unit shall not establish orders for spousal support. The unit shall enforce orders for spousal support only if the spouse is the custodial parent of a child for whom the unit is also enforcing a child support or medical support order.
11. a. Effective October 1, 1997, periodically certify to the secretary of the United States department of health and human services, a list of the names of obligors determined by the unit to owe delinquent child support, under a support order as defined in section 252J.1, in excess of five thousand dollars. The determination of the delinquent amount owed may be based upon one or more support orders being enforced by the unit if the delinquent support owed exceeds five thousand dollars. The determination shall include any amounts which are delinquent pursuant to the periodic payment plan when a modified order has been retroactively applied. The certification shall be in a format and shall include any supporting documentation required by the secretary.
b. All of the following shall apply to an action initiated by the unit under this subsection:
(1) At least thirty days prior to provision of certification to the secretary, the unit shall send notice by regular mail to the last known address of the obligor. The notice shall include all of the following:
(a) A statement that the unit has determined that the obligor owes delinquent child support in excess of five thousand dollars.
(b) A statement that upon certification by the unit to the secretary, the secretary will transmit the certification to the United States secretary of state for denial, revocation, restriction, or limitation of a passport as provided in 42 U.S.C. § 652(k).
(c) Information regarding the procedures for challenging the determination by the unit, based upon mistake of fact. For the purposes of this subsection, "mistake of fact" means a mistake in the identity of the obligor or a mistake in the amount of the delinquent child support owed if the amount did not exceed five thousand dollars on the date of the unit's decision on the challenge.
(2) (a) If the obligor chooses to challenge the determination, the obligor shall submit the challenge in writing to the unit, to be received by the unit within twenty days of the date of the notice to the obligor. The obligor shall include any relevant information in the written challenge.
(b) Upon timely receipt of the written challenge, the unit shall review the determination for a mistake of fact.
(c) Following review of the determination, the unit shall send a written decision to the obligor within ten days of timely receipt of the written challenge.
(i) If the unit determines that a mistake of fact exists, the unit shall not certify the name of the obligor to the secretary.
(ii) If the unit determines that a mistake of fact does not exist, the unit shall certify the name of the obligor to the secretary no earlier than ten days following the issuance of the decision, unless, within ten days of the issuance of the decision, the obligor requests a contested case proceeding pursuant to chapter 17A or makes a payment for child support so that the amount of delinquent child support no longer exceeds five thousand dollars.
(3) Following issuance of a final decision under chapter 17A that no mistake of fact exists, the obligor may request a hearing before the district court in the county where one or more of the support orders upon which the determination is based is filed. To request a hearing, the obligor shall file a written application with the court contesting the decision and shall send a copy of the application to the unit by regular mail. Notwithstanding the time specifications of section 17A.19, an application for a hearing shall be filed with the court no later than ten days after issuance of the final decision. The clerk of the district court shall schedule a hearing and shall mail a copy of the order scheduling the hearing to the obligor and to the unit. The unit shall certify a copy of its written decision indicating the date of issuance to the court prior to the hearing. The hearing shall be held within thirty days of the filing of the application. The filing of an application for a hearing shall stay the certification by the unit to the secretary. However, if the obligor fails to appear at the scheduled hearing, the stay shall be automatically lifted and the unit shall certify the name of the obligor to the secretary. The scope of the review by the district court shall be limited to demonstration of a mistake of fact. Issues related to visitation, custody, or other provisions not related to the support provisions of a support order are not grounds for a hearing under this subsection.
c. Following certification to the secretary, if the unit determines that an obligor no longer owes delinquent child support in excess of five thousand dollars, the unit shall notify the secretary of the change or shall provide information to the secretary as the secretary requires.
[C77, 79, 81, § 252B.5; 82 Acts, ch 1260, § 123]
83 Acts, ch 96, § 157, 159; 90 Acts, ch 1224, § 4, 5; 92 Acts, ch 1195, § 503; 93 Acts, ch 78, §8; 93 Acts, ch 79, § 33, 38; 94 Acts, ch 1171, §15; 97 Acts, ch 41, § 32; 97 Acts, ch 175, § 30--;33
Referred to in § 252B.1, 252B.2, 252B.6, 252B.9, 252B.23, 421.17
© 1998 Cornell College and League of Women Voters of Iowa
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