1010:85075022-40BB-4E49-99EF-3F7800F9A3BC10/20/2014 11:0112252HADJUSTMENT AND MODIFICATION OF SUPPORT ORDERSIGENERAL PROVISIONS252H.1Purpose and intent.This chapter is intended to provide a means for state compliance with Tit. IV-D of the federal Social Security Act, as amended, requiring states to provide procedures for the review and adjustment of support orders being enforced under Tit. IV-D of the federal Social Security Act, and also to provide an expedited modification process when review and adjustment procedures are not required, appropriate, or applicable. Actions under this chapter shall be initiated only by child support services.93 Acts, ch 78, §24; 97 Acts, ch 175, §932023 Acts, ch 19, §920252H.2Definitions.1As used in this chapter, unless the context otherwise requires, “caretaker”, “court order”, “department”, “dependent child”, “medical support”, and “responsible person” mean the same as defined in section 252C.1.2As used in this chapter, unless the context otherwise requires:a“Act” means the federal Social Security Act.b“Adjustment” applies only to the child support provisions of a support order and means either of the following:1A change in the amount of child support based upon an application of the child support guidelines established pursuant to section 598.21B.2An addition of or change to provisions for medical support as provided in chapter 252E.c“Child” means a child as defined in section 252B.1.d“Child support agency” means any state, county, or local office or entity of another state that has the responsibility for providing child support enforcement services under Tit. IV-D of the Act.e“Child support services” means child support services created in section 252B.2.f“Cost-of-living alteration” means a change in an existing child support order which equals an amount which is the amount of the support obligation following application of the percentage change of the consumer price index for all urban consumers, United States city average, as published in the federal register by the federal department of labor, bureau of labor statistics.g“Determination of controlling order” means the process of identifying a child support order which must be recognized pursuant to section 252K.207 and 28 U.S.C. §1738B, when more than one state has issued a support order for the same child and the same obligor, and may include a reconciliation of arrearages with information related to the calculation. Registration of an order of another state or foreign country is not necessary for a court or child support services to make a determination of controlling order.h“Modification” means either of the following:1A change, correction, or termination of an existing support order.2The establishment of a child or medical support obligation in a previously established order entered pursuant to chapter 234, 252A, 252C, 598, 600B, or any other support proceeding, in which such support was not previously established, or in which support was previously established and subsequently terminated prior to the emancipation of the children affected.i“Parent” means, for the purposes of requesting a review of a support order and for being entitled to notice under this chapter:1The individual ordered to pay support pursuant to the order.2An individual or entity entitled to receive current or future support payments pursuant to the order, or pursuant to a current assignment of support including but not limited to an agency of this or any other state that is currently providing public assistance benefits to the child for whom support is ordered and any child support agency. Service of notice of an action initiated under this chapter on an agency is not required, but the agency may be advised of the action by other means.j“Public assistance” means benefits received in this state or any other state, under Tit. IV-A (temporary assistance to needy families), IV-E (foster care), or XIX (Medicaid) of the Act.k“Review” means an objective evaluation conducted through a proceeding before a court, administrative body, or an agency, of information necessary for the application of a state’s mandatory child support guidelines to determine:1The appropriate monetary amount of support.2Provisions for medical support.l“State” means “state” as defined in chapter 252K.m“Support order” means an order for support issued pursuant to this chapter, chapter 232, 234, 252A, 252C, 252E, 252F, 598, 600B, or any other applicable chapter, or under a comparable statute of another state or foreign country as registered with the clerk of court or certified to child support services.93 Acts, ch 78, §25; 93 Acts, ch 79, §47; 97 Acts, ch 175, §94 – 96; 98 Acts, ch 1170, §35; 2002 Acts, ch 1018, §10; 2005 Acts, ch 69, §20; 2007 Acts, ch 218, §179, 180, 187; 2008 Acts, ch 1019, §18, 20; 2009 Acts, ch 41, §263; 2011 Acts, ch 67, §2; 2015 Acts, ch 110, §104; 2016 Acts, ch 1011, §41; 2023 Acts, ch 19, §921252H.3Scope of the administrative adjustment or modification — role of district court in contested cases.1Any action initiated under this chapter, including any court hearing resulting from an action, shall be limited in scope to the adjustment or modification of the child or medical support or cost-of-living alteration of the child support provisions of a support order. A determination of a controlling order is within the scope of this chapter. If the social security disability provisions of sections 598.22 and 598.22C apply, a determination of the amount of delinquent support due is within the scope of this chapter.2Nonsupport issues shall not be considered by child support services or the court in any action resulting under this chapter.3Actions initiated by child support services under this chapter shall not be subject to contested case proceedings or further review pursuant to chapter 17A and resulting court hearings following certification shall be an original hearing before the district court.93 Acts, ch 78, §26; 97 Acts, ch 175, §97; 98 Acts, ch 1170, §36; 2002 Acts, ch 1018, §112023 Acts, ch 19, §922252H.3AAdding a party.A mother or father may be added as a proper party defendant to a support order upon service of a notice as provided in this chapter and without a court order as provided in the rules of civil procedure.2007 Acts, ch 218, §181, 187; 2008 Acts, ch 1019, §18, 20252H.4Role of child support services.1Child support services may administratively adjust or modify or may provide for an administrative cost-of-living alteration of a support order entered under chapter 234, 252A, 252C, 598, or 600B, or any other support chapter if child support services is providing enforcement services pursuant to chapter 252B. Child support services is not required to intervene to administratively adjust or modify or provide for an administrative cost-of-living alteration of a support order under this chapter.2Child support services is a party to an action initiated pursuant to this chapter.3Child support services shall conduct a review to determine whether an adjustment is appropriate or, upon the request of a parent or upon child support services’ own initiative, determine whether a modification is appropriate.4Child support services shall adopt rules pursuant to chapter 17A to establish the process for the review of requests for adjustment, the criteria and procedures for conducting a review and determining when an adjustment is appropriate, the procedure and criteria for a cost-of-living alteration, the criteria and procedure for a request for review pursuant to section 252H.18A, and other rules necessary to implement this chapter.5Legal representation of child support services shall be provided pursuant to section 252B.7, subsection 4.93 Acts, ch 78, §27; 97 Acts, ch 175, §982023 Acts, ch 19, §923252H.5Fees and cost recovery for review adjustment modification.1Unless child support services is already providing support enforcement service pursuant to chapter 252B, a parent ordered to provide support, who requests a review of a support order under subchapter II, shall file an application for services pursuant to section 252B.4.2A parent requesting a service shall pay the fee established for that service as established under this subsection. The fees established are not applicable to a parent who as a condition of eligibility for receiving public assistance benefits has assigned the rights to child or medical support for the order to be reviewed. The following fees shall be paid for the following services:aA fee for conducting the review, to be paid at the time the request for review is submitted to child support services. If the request for review is denied for any reason, the fee shall be refunded to the parent making the request. Any request submitted without full payment of the fee shall be denied.bA fee for a second review requested pursuant to section 252H.17, to be paid at the time the request for the second review is submitted to child support services. Any request submitted without full payment of the fee shall be denied.cA fee for activities performed by child support services in association with a court hearing requested pursuant to section 252H.8.dA fee for activities performed by child support services in entering an administrative order to adjust support when neither parent requests a court hearing pursuant to section 252H.8. The fee shall be paid during the postreview waiting period under section 252H.17. If the fee is not paid in full during the postreview notice period, further action shall not be taken by child support services to adjust the order unless the parent not requesting the adjustment pays the fee in full during the postreview waiting period, or unless the children affected by the order reviewed are currently receiving public assistance benefits and the proposed adjustment would result in either an increase in the amount of support or in provisions for medical support for the children.eA fee for conducting a conference requested pursuant to section 252H.20.3A parent who requests a review of a support order pursuant to section 252H.13, shall pay any service of process fees for service or attempted service of the notice required in section 252H.15. Child support services shall not proceed to conduct a review pursuant to section 252H.16 until service of process fees have been paid in full. The service of process fee requirement of this subsection is not applicable to a parent who as a condition of eligibility for public assistance benefits has assigned the rights to child or medical support for the order to be reviewed. Service of process fees charged by a person other than child support services are distinct from any other fees and recovery of costs provided for in this section.4Child support services shall, consistent with applicable federal law, recover administrative costs in excess of any fees collected pursuant to subsections 2 and 3 for providing services under this chapter and shall adopt rules providing for collection of fees for administrative costs.5Child support services shall adopt rules pursuant to chapter 17A to establish procedures and criteria to determine the amount of any fees specified in this section and the administrative costs in excess of these fees.93 Acts, ch 78, §28; 2019 Acts, ch 112, §3; 2020 Acts, ch 1063, §98; 2023 Acts, ch 19, §924252H.6Collection of information.Child support services may request, obtain, and validate information concerning the financial circumstances of the parents of a child as necessary to determine the appropriate amount of support pursuant to the guidelines established in section 598.21B, including but not limited to those sources and procedures described in sections 252B.7A and 252B.9. The collection of information does not constitute a review conducted pursuant to section 252H.16.93 Acts, ch 78, §29; 97 Acts, ch 175, §99; 2005 Acts, ch 69, §212023 Acts, ch 19, §925252H.7Waiver of notice periods and time limitations.1A parent may waive the fifteen-day prereview waiting period provided for in section 252H.16.aUpon receipt of signed requests from both parents waiving the prereview waiting period, child support services may conduct a review of the support order prior to the expiration of the fifteen-day period provided in section 252H.16.bIf the parents jointly waive the prereview waiting period and the order under review is subsequently adjusted, the signed statements of both parents waiving the waiting period shall be filed in the court record with the order adjusting the support obligation.2A parent may waive the postreview waiting period provided for in section 252H.8, subsection 2 or 7, for a court hearing or in section 252H.17 for requesting of a second review.aUpon receipt of signed requests from both parents subject to the order reviewed, waiving the postreview waiting period, child support services may enter an administrative order adjusting the support order, if appropriate, prior to the expiration of the postreview waiting period.bIf the parents jointly waive the postreview waiting period and an administrative order to adjust the support order is entered, the signed statements of both parents waiving the waiting period shall be filed in the court record with the administrative order adjusting the support obligation.3A parent may waive the time limitations established in section 252H.8, subsection 3, for requesting a court hearing, or in section 252H.20 for requesting a conference.aUpon receipt of signed requests from both parents who are subject to the order to be modified, waiving the time limitations, child support services may proceed to enter an administrative modification order.bIf the parents jointly waive the time limitations and an administrative modification order is entered under this chapter, the signed statements of both parents waiving the time limitations shall be filed in the court record with the administrative modification order.93 Acts, ch 78, §30; 2007 Acts, ch 218, §143, 156; 2010 Acts, ch 1142, §4, 5; 2023 Acts, ch 19, §926252H.8Certification to court hearing default.1For actions initiated under section 252H.15, either parent or child support services may request a court hearing within fifteen days from the date of issuance of the notice of decision under section 252H.16, or within ten days of the date of issuance of the second notice of decision under section 252H.17, whichever is later.2For actions initiated under section 252H.14A, either parent or child support services may request a court hearing within ten days of the issuance of the second notice of decision under section 252H.17.3For actions initiated under subchapter III, either parent or child support services may request a court hearing within the latest of any of the following time periods:aTwenty days from the date of successful service of the notice of intent to modify required under section 252H.19.bTen days from the date scheduled for a conference to discuss the modification action.cTen days from the date of issuance of a second notice of a proposed modification action.4The time limitations for requesting a court hearing under this section may be extended by child support services.5If a timely written request for a hearing is received by child support services, a hearing shall be held in district court, and child support services shall certify the matter to the district court in the county in which the order subject to adjustment or modification is filed. The certification shall include the following, as applicable:aCopies of the notice of intent to review or notice of intent to modify.bThe return of service, proof of service, acceptance of service, or signed statement by the parent requesting review and adjustment or requesting modification, waiving service of the notice.cCopies of the notice of decision and any revised notice as provided in section 252H.16.dCopies of any written objections to and request for a second review or conference or hearing.eCopies of any second notice of decision issued pursuant to section 252H.17, or second notice of proposed modification action issued pursuant to section 252H.20.fCopies of any financial statements and supporting documentation provided by the parents including proof of a substantial change in circumstances for a request filed pursuant to section 252H.18A.gCopies of any computation worksheet prepared by child support services to determine the amount of support calculated using the mandatory child support guidelines established under section 598.21B, and, if appropriate and the social security disability provisions of sections 598.22 and 598.22C apply, a determination of the amount of delinquent support due.hA certified copy of each order, issued by another state or foreign country, considered in determining the controlling order.6The court shall set the matter for hearing and notify the parties of the time and place of the hearing.7For actions initiated under section 252H.15, a hearing shall not be held for at least sixteen days following the date of issuance of the notice of decision unless the parents have jointly waived, in writing, the fifteen-day postreview period.8Pursuant to section 252H.3, the district court shall review the matter as an original hearing before the court.9Issues subject to review by the court in any hearing resulting from an action initiated under this chapter shall be limited to the issues identified in section 252H.3.10Notwithstanding any other law to the contrary, if more than one support order exists involving children with the same legally established parents, one hearing on all of the affected support orders shall be held in the district court in the county where child support services files the action. For the purposes of this subsection, the district court hearing the matter shall have jurisdiction over all other support orders entered by a court of this state and affected under this subsection.11The court shall establish the amount of child support pursuant to section 598.21B, or medical support pursuant to chapter 252E, or both.12If a party fails to appear at the hearing, upon a showing of proper notice to the party, the court may find the party in default and enter an appropriate order.93 Acts, ch 78, §31; 96 Acts, ch 1141, §1, 2; 97 Acts, ch 175, §100; 98 Acts, ch 1170, §37; 2002 Acts, ch 1018, §12; 2004 Acts, ch 1116, §21; 2005 Acts, ch 69, §22, 23; 2007 Acts, ch 218, §144 – 147, 156; 2010 Acts, ch 1142, §6; 2015 Acts, ch 110, §105; 2023 Acts, ch 19, §927252H.9Filing and docketing of administrative adjustment or modification order order effective as district court order.1If timely request for a court hearing is not made pursuant to section 252H.8, child support services shall prepare and present an administrative order for adjustment or modification, as applicable, for review and approval, ex parte, to the district court where the order to be adjusted or modified is filed. Notwithstanding any other law to the contrary, if more than one support order exists involving children with the same legally established parents, for the purposes of this subsection, the district court reviewing and approving the matter shall have jurisdiction over all other support orders entered by a court of this state and affected under this subsection.2For orders to which subchapter II or III is applicable, child support services shall determine the appropriate amount of the child support obligation using the current child support guidelines established pursuant to section 598.21B and the criteria established pursuant to section 252B.7A and shall determine the provisions for medical support pursuant to chapter 252E.3The administrative order prepared by child support services shall specify all of the following:aThe amount of support to be paid and the manner of payment.bThe name of the custodian of any child for whom support is to be paid.cThe name of the parent ordered to pay support.dThe name and birth date of any child for whom support is to be paid.eThat the property of the responsible person is subject to collection action, including but not limited to wage withholding, garnishment, attachment of a lien, and other methods of execution.fProvisions for medical support.gIf applicable, the order determined to be the controlling order.hIf applicable, the amount of delinquent support due based upon the receipt of social security disability payments as provided in sections 598.22 and 598.22C.4Supporting documents as described in section 252H.8, subsection 5, may be presented to the court with the administrative order, as applicable.5Unless defects appear on the face of the order or on the attachments, the district court shall approve the order. Upon filing, the approved order shall have the same force, effect, and attributes of an order of the district court.6Upon filing, the clerk of the district court shall enter the order in the judgment docket and judgment lien index.7A copy of the order shall be sent by regular mail within fourteen days after filing to each parent’s last known address, or if applicable, to the last known address of the parent’s attorney.8The order is final, and action by child support services to enforce and collect upon the order, including arrearages and medical support, or both, may be taken from the date of the entry of the order by the district court.93 Acts, ch 78, §32; 97 Acts, ch 175, §101; 98 Acts, ch 1170, §38; 2002 Acts, ch 1018, §13; 2005 Acts, ch 69, §24; 2007 Acts, ch 218, §148, 1562023 Acts, ch 19, §928252H.10Effective date of adjustment — modification.1Pursuant to section 598.21C, any administrative or court order resulting from an action initiated under this chapter may be made retroactive only from three months after the date that all parties were successfully served the notice required under section 252H.14A, 252H.15, or section 252H.19, as applicable.2The periodic due date established under a prior order for payment of child support shall not be changed in any order modified as a result of an action initiated under this chapter, unless child support services or the court determines that good cause exists to change the periodic due date. If child support services or the court determines that good cause exists, child support services or the court shall include the rationale for the change in the modified order and shall address the issue of reconciliation of any payments due or made under a prior order which would result in payment of the child support obligation under both the prior and the modified orders.93 Acts, ch 78, §33; 95 Acts, ch 115, §10; 2005 Acts, ch 69, §25; 2007 Acts, ch 218, §149, 1562023 Acts, ch 19, §929252H.11Concurrent actions.This chapter does not prohibit or affect the ability or right of a parent or the parent’s attorney to file a modification action at the parent’s own initiative. If a modification action is filed by a parent concerning an order for which an action has been initiated but has not yet been completed by child support services under this chapter, child support services shall terminate any action initiated under this chapter, subject to the following:1The modification action filed by the parent must address the same issues as the action initiated under this chapter.2If the modification action filed by the parent is subsequently dismissed before being heard by the court, child support services shall continue the action previously initiated under subchapter II or III, or initiate a new action as follows:aIf child support services previously initiated an action under subchapter II, and had not issued a notice of decision as required under section 252H.14A or 252H.16, child support services shall proceed as follows:1If notice of intent to review was served ninety days or less prior to the date the modification action filed by the parent is dismissed, child support services shall complete the review and issue the notice of decision.2If the modification action filed by the parent is dismissed more than ninety days after the original notice of intent to review was served, child support services shall serve or issue a new notice of intent to review and conduct the review.3If child support services initiated a review under section 252H.14A, child support services may issue the notice of decision.bIf child support services previously initiated an action under subchapter II and had issued the notice of decision as required under section 252H.14A or 252H.16, child support services shall proceed as follows:1If the notice of decision was issued ninety days or less prior to the date the modification action filed by the parent is dismissed, child support services shall request, obtain, and verify any new or different information concerning the financial circumstances of the parents and issue a revised notice of decision to each parent, or if applicable, to the parent’s attorney.2If the modification action filed by the parent is dismissed more than ninety days after the date of issuance of the notice of decision, child support services shall serve or issue a new notice of intent to review pursuant to section 252H.15 and conduct a review pursuant to section 252H.16, or conduct a review and serve a new notice of decision under section 252H.14A.cIf child support services previously initiated an action under subchapter III, child support services shall proceed as follows:1If the modification action filed by the parent is dismissed more than ninety days after the original notice of intent to modify was served, child support services shall serve a new notice of intent to modify pursuant to section 252H.19.2If the modification action filed by the parent is dismissed ninety days or less after the original notice of intent to modify was served, child support services shall complete the original modification action initiated by child support services under this subchapter.3Each parent shall be allowed at least twenty days from the date the administrative modification action is reinstated to request a court hearing as provided for in section 252H.8.3If an action initiated under this chapter is terminated as the result of a concurrent modification action filed by one of the parents or the parent’s attorney, child support services shall advise each parent, or if applicable, the parent’s attorney, in writing, that the action has been terminated and the provisions of subsection 2 of this section for continuing or initiating a new action under this chapter. The notice shall be issued by regular mail to the last known mailing address of each parent, or if applicable, each parent’s attorney.4If an action initiated under this chapter by child support services is terminated as the result of a concurrent action filed by one of the parents and is subsequently reinstated because the modification action filed by the parent is dismissed, child support services shall advise each parent, or if applicable, each parent’s attorney, in writing, that child support services is continuing the prior administrative adjustment or modification action. The notice shall be issued by regular mail to the last known mailing address of each parent, or if applicable, each parent’s attorney.93 Acts, ch 78, §34; 97 Acts, ch 175, §102; 2007 Acts, ch 218, §150, 1562023 Acts, ch 19, §930IIREVIEW AND ADJUSTMENT252H.12Support orders subject to review and adjustment.A support order meeting all of the following conditions is eligible for review and adjustment under this subchapter:1The support order is subject to the jurisdiction of this state for the purposes of adjustment.2The support order provides for the ongoing support of at least one child under the age of eighteen or a child between the ages of eighteen and nineteen who has not yet graduated from high school but who is reasonably expected to graduate from high school before attaining the age of nineteen.3Child support services is providing enforcement services for the ongoing support obligation pursuant to chapter 252B.93 Acts, ch 78, §35; 2020 Acts, ch 1063, §99; 2023 Acts, ch 19, §931252H.13Right to request review.A parent shall have the right to request the review of a support order for which child support services is currently providing enforcement services of an ongoing child support obligation pursuant to chapter 252B including by objecting to a cost-of-living alteration pursuant to section 252H.24, subsections 1 and 2.93 Acts, ch 78, §36; 97 Acts, ch 175, §1032023 Acts, ch 19, §932252H.14Reviews initiated by child support services.1Child support services may periodically initiate a review of support orders meeting the conditions in section 252H.12 in accordance with the following:aThe right to any ongoing child support obligation is currently assigned to the state due to the receipt of public assistance.bThe support order does not already include provisions for medical support.cThe review is otherwise necessary to comply with the Act.2Child support services may periodically initiate a request to a child support agency of another state or to a foreign country to conduct a review of a support order when the right to any ongoing child or medical support obligation due under the order is currently assigned to the state of Iowa or if the order does not include provisions for medical support.3Child support services shall adopt rules establishing criteria to determine the appropriateness of initiating a review.4Child support services shall initiate reviews under this section in accordance with the Act.93 Acts, ch 78, §37; 97 Acts, ch 175, §104; 2007 Acts, ch 218, §182, 183, 187; 2008 Acts, ch 1019, §18, 20; 2015 Acts, ch 110, §106; 2023 Acts, ch 19, §933252H.14AReviews initiated by child support services abbreviated method.1Notwithstanding section 252H.15, child support services may use procedures under this section to review a support order if all the following apply:aOne of the following applies:1The right to ongoing child support is assigned to the state of Iowa due to the receipt of family investment program assistance, and a review of the support order is required under section 7302 of the federal Deficit Reduction Act of 2005, Pub. L. No. 109-171.2A parent requests a review, provides child support services with financial information as part of that request, and the order meets the criteria for review under this subchapter.bChild support services has access to information concerning the financial circumstances of each parent and one of the following applies:1The parent is a recipient of family investment program assistance, medical assistance, or supplemental nutrition assistance program assistance from the department.2The parent’s income is from supplemental security income paid pursuant to 42 U.S.C. §1381a.3The parent is a recipient of disability benefits under the Act because of the parent’s disability.4The parent is an inmate of an institution under the control of the department of corrections.5Child support services has access to information described in section 252B.7A, subsection 1, paragraph “c”.2If the conditions of subsection 1 are met, child support services may conduct a review and determine whether an adjustment is appropriate using information accessible by child support services without issuing a notice under section 252H.15 or requesting additional information from the parent.3Upon completion of the review, child support services shall issue a notice of decision to each parent, or if applicable, to each parent’s attorney. The notice shall be served in accordance with the rules of civil procedure or as provided in section 252B.26, except that a parent requesting a review pursuant to section 252H.13 shall waive the right to personal service of the notice in writing and accept service by regular mail. If the service by regular mail does not occur within ninety days of the written waiver of personal service, personal service of the notice is required unless a new waiver of personal service is obtained.4All of the following shall be included in the notice of decision:aThe legal basis and purpose of the action, including an explanation of the procedures for determining child support, the criteria for determining the appropriateness of an adjustment, and a statement that child support services used the child support guidelines established pursuant to section 598.21B and the provisions for medical support pursuant to chapter 252E.bInformation sufficient to identify the affected parties and the support order or orders affected.cAn explanation of the legal rights and responsibilities of the affected parties, including time frames in which the parties must act.dA statement indicating whether child support services finds that an adjustment is appropriate and the basis for the determination.eProcedures for contesting the action, including that if a parent requests a second review both parents will be requested to submit financial or income information as necessary for application of the child support guidelines established pursuant to section 598.21B.fOther information as appropriate.5Section 252H.16, subsection 5, regarding a revised notice of decision shall apply to a notice of decision issued under this section.6Each parent shall have the right to challenge the notice of decision issued under this section by requesting a second review by child support services as provided in section 252H.17. If there is no new or different information to consider for the second review, child support services shall issue a second notice of decision based on prior information. Each parent shall have the right to challenge the second notice of decision by requesting a court hearing as provided in section 252H.8.2007 Acts, ch 218, §151, 156; 2010 Acts, ch 1142, §7; 2011 Acts, ch 67, §3; 2023 Acts, ch 19, §934252H.15Notice of intent to review and adjust.1Unless an action is initiated under section 252H.14A, prior to conducting a review of a support order, child support services shall issue a notice of intent to review and adjust to each parent, or if applicable, to each parent’s attorney. However, notice to a child support agency or an agency entitled to receive child or medical support payments as the result of an assignment of support rights is not required.2Notice shall be served upon each parent in accordance with the rules of civil procedure, except that a parent requesting a review pursuant to section 252H.13 shall waive the right to personal service of the notice in writing and accept service by regular mail. If the service by regular mail does not occur within ninety days of the written waiver of personal service, personal service of the notice is required unless a new waiver of personal service is obtained.3Child support services shall adopt rules pursuant to chapter 17A to ensure that all of the following are included in the notice:aThe legal basis and purpose of the action.bInformation sufficient to identify the affected parties and the support order or orders affected.cAn explanation of the procedures for determining child support and a request for financial or income information as necessary for application of the child support guidelines established pursuant to section 598.21B.dAn explanation of the legal rights and responsibilities of the affected parties, including the time frames in which the parties must act.eCriteria for determining appropriateness of an adjustment and a statement that child support services will use the child support guidelines established pursuant to section 598.21B and the provisions for medical support pursuant to chapter 252E to adjust the order.fProcedures for contesting the action.gAn explanation of the right to request a court hearing, and the applicable time frames and procedures to follow in requesting a court hearing.hOther information as appropriate.93 Acts, ch 78, §38; 2004 Acts, ch 1116, §22; 2005 Acts, ch 69, §26; 2007 Acts, ch 218, §152, 1562023 Acts, ch 19, §935 – 937252H.16Conducting the review notice of decision.1For actions initiated under section 252H.15, child support services shall conduct the review and determine whether an adjustment is appropriate. As necessary, child support services shall make a determination of the controlling order or the amount of delinquent support due based upon the receipt of social security disability payments as provided in sections 598.22 and 598.22C.2Unless both parents have waived the prereview notice period as provided for in section 252H.7, the review shall not be conducted for at least fifteen days from the date both parents were successfully served with the notice required in section 252H.15.3Upon completion of the review, child support services shall issue a notice of decision by regular mail to the last known address of each parent, or if applicable, each parent’s attorney.4Child support services shall adopt rules pursuant to chapter 17A to ensure that all of the following are included in the notice:aInformation sufficient to identify the affected parties and the support order or orders affected.bA statement indicating whether child support services finds that an adjustment is appropriate and the basis for the determination.cOther information, as appropriate.5A revised notice of decision shall be issued when child support services receives or becomes aware of new or different information affecting the results of the review after the notice of decision has been issued and before the entry of an administrative order adjusting the support order, when new or different information is not received in conjunction with a request for a second review, or subsequent to a request for a court hearing. If a revised notice of decision is issued, the time frames for requesting a second review or court hearing shall apply from the date of issuance of the revised notice.93 Acts, ch 78, §39; 98 Acts, ch 1170, §39; 2002 Acts, ch 1018, §14; 2007 Acts, ch 218, §153, 156; 2010 Acts, ch 1142, §8; 2023 Acts, ch 19, §938252H.17Challenging the notice of decision second review notice.1Each parent shall have the right to challenge the notice of decision issued under section 252H.14A or 252H.16, by requesting a second review by child support services.2A challenge shall be submitted, in writing, to child support services, within thirty days of service of the notice of decision under section 252H.14A or within ten days of the issuance of the notice of decision under section 252H.16.3A parent challenging the notice of decision shall submit any new or different information, not previously considered by child support services in conducting the review, with the challenge and request for second review.4A parent challenging the notice of decision shall submit any required fees with the challenge. Any request submitted without full payment of the required fee shall be denied.5If a timely challenge along with any necessary fee is received, child support services shall issue by regular mail to the last known address of each parent, or if applicable, to each parent’s attorney, a notice that a second review will be conducted. Child support services shall adopt rules pursuant to chapter 17A to ensure that all of the following are included in the notice:aA statement of purpose of the second review.bInformation sufficient to identify the affected parties and the support order or orders affected.cA statement of the information that is eligible for consideration at the second review.dThe procedures and time frames in conducting and completing a second review, including a statement that only one second review shall be conducted as the result of a challenge received from either or both parents.eAn explanation of the right to request a court hearing, and the applicable time frames and procedures to follow in requesting a court hearing.fOther information, as appropriate.6Child support services shall conduct a second review, utilizing any new or additional information provided or available since issuance of the notice of decision under section 252H.14A or under section 252H.16, to determine whether an adjustment is appropriate.7Upon completion of the review, child support services shall issue a second notice of decision by regular mail to the last known address of each parent, or if applicable, to each parent’s attorney. Child support services shall adopt rules pursuant to chapter 17A to ensure that all of the following are included in the notice:aInformation sufficient to identify the affected parties and the support order or orders affected.bChild support services’ finding resulting from the second review indicating whether child support services finds that an adjustment is appropriate, the basis for the determination, and the impact on the first review.cAn explanation of the right to request a court hearing, and the applicable time frames and procedures to follow in requesting a court hearing.dOther information, as appropriate.8If the determination resulting from the first review is revised or reversed by the second review, the following shall be issued to each parent along with the second notice of decision and the amount of any proposed adjustment:aAny updated or revised financial statements provided by either parent.bA computation prepared by child support services, demonstrating how the amount of support due under the child support guidelines was calculated, and a comparison of the newly computed amount with the current support obligation amount.93 Acts, ch 78, §40; 96 Acts, ch 1141, §3; 2007 Acts, ch 218, §154, 1562023 Acts, ch 19, §939IIIADMINISTRATIVE MODIFICATION252H.18Orders subject to administrative modification.An order meeting all of the following conditions is eligible for administrative modification under this subchapter.1The order is subject to the jurisdiction of this state for the purposes of modification.2Child support services is providing services pursuant to chapter 252B.3The child was conceived or born during a marriage or paternity has been legally established.4Review and adjustment services pursuant to subchapter II are not required or are not applicable.93 Acts, ch 78, §412023 Acts, ch 19, §940252H.18ARequest for review outside applicable time frames.1If a support order is not eligible for review and adjustment because the support order is outside of the minimum time frames specified by rule of the department, a parent may request a review and administrative modification by submitting all of the following to child support services:aA request for review of the support order which is outside of the applicable time frames.bVerified documentation of a substantial change in circumstances as specified by rule of the department.2Upon receipt of the request and all documentation required in subsection 1, child support services shall review the request and documentation and if appropriate shall issue a notice of intent to modify as provided in section 252H.19.3Notwithstanding section 598.21C, for purposes of this section, a substantial change in circumstances means there has been a change of fifty percent or more in the income of a parent, and the change is due to financial circumstances which have existed for a minimum period of three months and can reasonably be expected to exist for an additional three months.97 Acts, ch 175, §105; 2005 Acts, ch 69, §272023 Acts, ch 19, §941, 942252H.19Notice of intent to modify.1Child support services shall issue a notice of intent to modify to each parent. Notice to a child support agency or an agency entitled to receive child or medical support payments as the result of an assignment of support rights is not required.2The notice shall be served upon each parent in accordance with the rules of civil procedure, except that a parent requesting modification shall, at the time of the request, waive the right to personal service of the notice in writing and accept service by regular mail. Child support services shall adopt rules pursuant to chapter 17A to ensure that all of the following are included in the notice:aThe legal basis and purpose of the action.bInformation sufficient to identify the affected parties and the support order or orders affected.cAn explanation of the procedures for determining child support and a request for financial or income information as necessary for application of the child support guidelines established pursuant to section 598.21B.dAn explanation of the legal rights and responsibilities of the affected parties, including the time frames in which the parties must act.eProcedures for contesting the action through a conference or a court hearing.fOther information, as appropriate.93 Acts, ch 78, §42; 2004 Acts, ch 1116, §23; 2005 Acts, ch 69, §282023 Acts, ch 19, §943, 944252H.20Conference second notice and finding of financial responsibility.1Each parent shall have the right to request a conference with child support services. The request may be made in person, in writing, or by telephone, and shall be made within ten days of the date of successful service of the notice of intent to modify.2A parent requesting a conference shall submit any required fee no later than the date of the scheduled conference. A conference shall not be held unless the required fee is paid in full.3Upon a request and full payment of any required fee, child support services shall schedule a conference with the parent and advise the parent of the date, time, place, and procedural aspects of the conference. Child support services shall adopt rules pursuant to chapter 17A to specify the manner in which a conference is conducted and the purpose of the conference.4Following the conference, child support services shall issue a second notice of proposed modification and finding of financial responsibility to the parent requesting the conference. Child support services shall adopt rules pursuant to chapter 17A to ensure that all of the following are included in the notice:aInformation sufficient to identify the affected parties and the support order or orders affected.bIf child support services will continue or terminate the action.cProcedures for contesting the action and the applicable time frames for actions by the parents.dOther information, as appropriate.93 Acts, ch 78, §432023 Acts, ch 19, §945IVCOST-OF-LIVING ALTERATION252H.21Purpose — intent — effect on requirements for guidelines.1This subchapter is intended to provide a procedure to accommodate a request of both parents to expeditiously change a support order due to changes in the cost of living.2All of the following shall apply to a cost-of-living alteration under this subchapter:aTo the extent permitted under 42 U.S.C. §666(a)(10)(A)(i)(II), the cost-of-living alteration shall be an exception to any requirement under law for the application of the child support guidelines established pursuant to section 598.21B, including but not limited to any requirement in this chapter or chapter 234, 252A, 252B, 252C, 252F, 598, or 600B.bThe cost-of-living alteration shall not prevent any subsequent modification or adjustment to the support order as otherwise provided in law based on application of the child support guidelines.cThe calculation of a cost-of-living alteration to a child support order shall be compounded as follows:1Increase or decrease the child support order by the percentage change of the appropriate consumer price index for the month and year after the month and year the child support order was last issued, modified, adjusted, or altered.2Increase or decrease the amount of the child support order calculated in subparagraph (1) for each subsequent year by applying the appropriate consumer price index for each subsequent year to the result of the calculation for the previous year. The final year in the calculation shall be the year immediately preceding the year child support services received the completed request for the cost-of-living alteration.dThe amount of the cost-of-living alteration in the notice in section 252H.24, subsection 1, shall be the result of the calculation in paragraph “c”.97 Acts, ch 175, §106; 2005 Acts, ch 69, §292023 Acts, ch 19, §946252H.22Support orders subject to cost-of-living alteration.A support order meeting all of the following conditions is eligible for a cost-of-living alteration under this subchapter.1The support order is subject to the jurisdiction of this state for the purposes of a cost-of-living alteration.2The support order provides for the ongoing support of at least one child under the age of eighteen or a child between the ages of eighteen and nineteen who has not yet graduated from high school but who is reasonably expected to graduate from high school before attaining the age of nineteen.3Child support services is providing enforcement services for the ongoing support obligation pursuant to chapter 252B.4A parent requests a cost-of-living alteration as provided in section 252H.23.5The support order addresses medical support for the child.6The support order is not subject to the social security disability provisions pursuant to sections 598.22 and 598.22C.97 Acts, ch 175, §107; 2002 Acts, ch 1018, §152023 Acts, ch 19, §947252H.23Right to request cost-of-living alteration.A parent may request a cost-of-living alteration by submitting all of the following to child support services:1A written request for a cost-of-living alteration to the support order signed by the parent making the request.2A statement signed by the nonrequesting parent agreeing to the cost-of-living alteration to the support order.3A statement signed by each parent waiving that parent’s right to personal service and accepting service by regular mail.4Other documentation specified by rule of the department.97 Acts, ch 175, §1082023 Acts, ch 19, §948252H.24Role of child support services filing and docketing of cost-of-living alteration order order effective as district court order.1Upon receipt of a request and required documentation for a cost-of-living alteration, child support services shall issue a notice of the amount of cost-of-living alteration by regular mail to the last known address of each parent, or, if applicable, each parent’s attorney. The notice shall include all of the following:aA statement that either parent may contest the cost-of-living alteration within thirty days of the date of the notice by making a request for a review of a support order as provided in section 252H.13, and if either parent does not make a request for a review within thirty days, child support services shall prepare an administrative order as provided in subsection 4.bA statement that the parent may waive the thirty-day notice waiting period provided for in this section.2Upon timely receipt of a request and required documentation for a review of a support order as provided in subsection 1 from either parent, child support services shall terminate the cost-of-living alteration process and apply the provisions of subchapters I and II of this chapter relating to review and adjustment.3Upon receipt of signed requests from both parents subject to the support order, waiving the notice waiting period, child support services may prepare an administrative order pursuant to subsection 4 altering the support obligation.4If timely request for a review pursuant to section 252H.13 is not made, and if the thirty-day notice waiting period has expired, or if both parents have waived the notice waiting period, child support services shall prepare and present an administrative order for a cost-of-living alteration, ex parte, to the district court where the order to be altered is filed.5Unless defects appear on the face of the administrative order or on the attachments, the district court shall approve the order. Upon filing, the approved order shall have the same force, effect, and attributes of an order of the district court.6Upon filing, the clerk of the district court shall enter the order in the judgment docket and judgment lien index.7If the parents jointly waive the thirty-day notice waiting period, the signed statements of both parents waiving the notice period shall be filed in the court record with the administrative order altering the support obligation.8Child support services shall send a copy of the order by regular mail to each parent’s last known address, or, if applicable, to the last known address of the parent’s attorney.9An administrative order approved by the district court is final, and action by child support services to enforce and collect upon the order may be taken from the date of the entry of the order by the district court.97 Acts, ch 175, §1092023 Acts, ch 19, §949