| 1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s). |
Duration of Support: 18 or up to age 19 when engaged fulltime in completing high school graduation or equivalency requirements in a manner which is reasonably expected to result in completion of the requirements prior to the person reaching 19 years of age. Iowa Code section 598.1(9).
Age of Majority: Age 18. Younger individuals may attain majority by marriage. Iowa Code section 599.1.
For Additional Information -
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| 2. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary. |
Law prior to 7/1/97: 18, or as ordered by the court.
Law after 7/1/97: 18, or up to age 19 if completing high school or general education equivalency requirements full time and child is reasonably expected to graduate by age 19. Iowa Code section 598.1(9).
For Additional Information -
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| 3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe. |
The date of the order does determine the law that is applied. Law prior to 7/1/97: 18, or as ordered by the court.
Law after 7/1/97: 18, or up to age 19 if completing high school or general education equivalency requirements full time and child is reasonably expected to graduate by age 19. Iowa Code section 598.1(9).
For Additional Information -
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| 4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe. |
The duration of the order may be extended for a child of any age who is dependent on the parents because of a physical or mental disability. Iowa Code section 598.1(9).
For Additional Information - No Link Provided
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| 5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe. |
Child support will end if the child marries, dies or if there is an order terminating support prior to the age of 18. Iowa Code section 599.1.
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| 6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent? |
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Child support generally will not end when a child leaves the household, but does not emancipate. However, child support will end if there is an order terminating support.
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| 7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe. |
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Child support will automatically reduce if an order indicates that child support is to reduce. Orders established by CSS contain automatic adjustments to lower support amounts based on the support guidelines. CSS may also modify adjustments previously set during a modification action.
Private bar orders may or may not include adjustments for support based on each child reaching the duration limits set within an order. CSS may adjust or add reductions in support to private orders if CSS modifies or adjusts orders through proper administrative actions.
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| 8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances. |
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If the child attends classes full time and is expected to complete high school graduation or equivalency requirements after age 18, but before age 19, the action may be brought after the childs 18th birthday. Iowa code defines a person who is age 18 but less than age 19 and is engaged full-time in completing high school graduation or equivalency requirements in a manner which is reasonably expected to result in completion of the requirements prior to the person reaching age 19 to be eligible for support. Iowa CSS does not order support for children past the age of 19, regardless if the child has a disability or attends college.
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| 1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)? |
Pure income shares model per Iowa Court Rules: Chapter 9
For Additional Information -
https://www.legis.iowa.gov/law/administrativeRules
For Additional Information - No Link Provided
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| 2. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation. |
No. General interest charge on late payments in law but not commonly applied to child support. 10% interest not commonly enforced.
For Additional Information - No Link Provided
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| 3. Does your state's IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions. |
No
For Additional Information - No Link Provided
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| 4. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions. |
Yes. Only if reduced to or included in judgment. State allows 10% interest but does not require Child Support Services to collect - not commonly enforced.
For Additional Information - No Link Provided
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| 5. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances? |
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Yes. If reduced to a dollar amount in a filed judgment.
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| 6. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state's order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments? |
A court action is needed to redirect child support payments to the new payee.
For Additional Information - No Link Provided
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| 6.1. Does it matter if the child receives TANF or Medicaid-only? If so, explain. |
When Iowa TANF is expended, child support accruing under an Iowa order is automatically assigned to the State. (Iowa Code 252A.13.) A court order redirection needs completed for another jurisdiction's TANF.
When Iowa Medicaid is being expended, cash medical support accruing under an Iowa order is automatically assigned to the State. (Iowa Code 252A.13.) A court order redirection needs completed for another jurisdiction's Medicaid. A court action is needed in order to redirect child support payments to the new payee.
For Additional Information - No Link Provided
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| 7. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases? |
No. A court action is needed to redirect child support payments to the new payee.
For Additional Information - No Link Provided
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| 8. Does your state IV-D agency give the noncustodial parent credit toward child support for Auxiliary Benefits received directly by the custodial parent on behalf of a child as a result of the noncustodial parent's Social Security Retirement, Survivors, or Disability Insurance (RSDI) benefit? |
Yes, per Iowa Code 598.22C.
For Additional Information - No Link Provided
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| 9. Does your state abate support? If yes, explain the circumstances and provide your statutory citation. |
No.
For Additional Information - No Link Provided
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| 1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation. |
No.
For Additional Information - No Link Provided
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| 2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
95% or higher: Iowa Code 252F.3(6)(i) and 600B.41(5)(b)
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| 3. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate). |
Iowa Code 252A.3A, Establishing paternity by affidavit.
The effective date of the state law that makes paternity acknowledgments conclusive is 7/1/1993. Prior to 7/1/1993, an affidavit of paternity form was an acknowledgment or admission of paternity by the putative father. It was a valuable piece of information, but it did not establish paternity by itself.
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| 4. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation. |
Yes. It can be challenged in court if certain conditions are met per Iowa Code 600B.41A, Actions to overcome paternity-applicability-conditions.
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| 5. Does the father's name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe. |
No. There is no state citation that says a fathers name on the birth certificate is NOT a conclusive presumption of paternity. A mans name listed on the Iowa birth certificate does not legally establish paternity. However, a mans name will typically only be placed on the birth certificate if paternity has been established by some legal method.
For Additional Information - No Link Provided
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| 6. Does your state have any other paternity/parentage-related presumptions? If yes, please describe. |
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Yes. Declaration of Paternity Registry.
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| 7. What, if any, is the agency name and link for your state's putative fathers' registry? |
Bureau of Vital Statistics. https://idph.iowa.gov/health-statistics/vital-records
For Additional Information - No Link Provided
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| 8. What documents regarding paternity can your state's IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies? |
Iowa paternity affidavits filed by the Bureau of Health Statistics, and court orders which are not considered confidential records.
No. There are no charges for a paternity affidavit when requested from the IV-D agency.
See the IRG Paternity Acknowledgment Copies contact for more information.
For Additional Information - No Link Provided
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| 9. Does your state’s bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data? |
Yes.
For Additional Information - No Link Provided
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| 9.1. Describe any circumstances under which these fees may be waived? |
Fees are not waived. Iowa Code 144.13A and 144.45.
https://www.legis.iowa.gov/law/statutory
For Additional Information - No Link Provided
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| 10. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect. |
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Yes. Iowa has recognized common-law marriage for well over a century. See Blanchard v. Lambert, 43 Iowa 228 (1876). In order to have a valid common-law marriage, there must be intent and agreement to be married, continuous cohabitation, and public declaration of the parties. Common law marriage is not recognized for paternity establishment. In all other actions, we require intent and agreement to be married, continuous cohabitation, and public declaration of the parties.
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| 11. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard. |
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Not applicable.
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| 12. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child? |
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Iowa prefers one set of documents for all children involved.
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| 1. Does your state use an administrative, judicial, or a combined process to establish a support obligation? |
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Administrative in most cases (the administrative process is actually quasi-judicial since a judge must sign an approval order approving the administrative order).
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| 1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures. |
When paternity is at issue, Iowa Code chapter 252F gives CSS legal authority to administratively establish paternity.
When paternity is not at issue, Iowa code chapter 252C gives CSS legal authority to administratively establish child and medical support obligations.
When paternity is at issue, Iowa Code chapter 252F gives CSS legal authority to administratively establish paternity.
When paternity is not at issue, Iowa code chapter 252C gives CSS legal authority to administratively establish child and medical support obligations.
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| 1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures. |
Judicial might be used when paternity is legally established for some but not all of the children, Iowa Code chapter 252A.
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| 2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)? |
In addition to the noncustodial parent's income, the custodial parent's income is also used.
For Additional Information - No Link Provided
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| 2.1. What documentation is required as proof/evidence of this information? |
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Financial information about both parties. Iowa Code: 252B.9
https://www.legis.iowa.gov/law/statutory
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| 3. What criteria for rebutting your presumptive guidelines have been established in your state? |
Substantial injustice to the non-custodial parent, custodial parent, or child; adjustments are necessary to provide for the needs of the child and to do justice between the parties under the special circumstances of the case; the court shall not use earning capacity rather than actual earnings unless a written determination is made that, if actual earnings were used, substantial injustice would occur or adjustments would be necessary to provide for the needs of the child or to do justice between the parties. Iowa Court Rules: Chapter 9.
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| 4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive). |
Up to three years during which AFDC or TANF has been expended. Arrearages are not sought for non-public assistance cases. Based on current net income and child support guidelines.
For Additional Information - No Link Provided
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| 4.1. What information or documentation does your state require to proceed with establishing support for prior periods? |
Written verification and supporting documentation of state benefits paid.
For Additional Information - No Link Provided
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| 4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support? |
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No.
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| 4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations. |
Excludes periods the non-custodial parent received public assistance as a part of the eligible group receiving the public assistance.
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| 5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended? |
No.
For Additional Information - No Link Provided
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| 5.1. What about when public assistance is not being expended? |
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No.
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| 6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification? |
In general, if the original order reserves support and now child support needs to be ordered, modification is typically required.
For Additional Information - No Link Provided
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| 7. When there is an existing support order between the parents of a child and the child's residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe. |
Yes. However, we would have to go to court on the issue of support. Also, we have a suspension process that could end the support, if both parents agree. Iowa Code section 252B.20.
For Additional Information - No Link Provided
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| 1. What are specific sources of income not subject to withholding? |
Those from federally exempt sources. These include:
Family Investment Program (FIP),
Supplemental Security Income (SSI),
Work-study,
Veterans benefits for service-connected disability or death, unless a portion is in lieu of waived retirement or retainer pay.
For Additional Information - No Link Provided
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| 2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation. |
Yes.
50% of the obligors disposable income unless there is more than one support order for which the obligor is obligated and the criteria of 15 U.S.C. Section 1673(b) are met, or the obligor agrees to a greater amount within these limits.
Iowa Administrative Code 441-98.40(252D,252E) Maximum amounts to be withheld. An income withholding order or a notice issued by the Child Support Services shall require that the employer or other income provider withhold no more than the maximum amounts allowed under the Federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b). 98.40(1) The amount of income subject to withholding shall be limited to 50 percent of the nonexempt disposable income of the obligor unless there is more than one support order for which the obligor is obligated and the criteria of 15 U.S.C. Section 1673(b) are met, or the obligor agrees to a greater amount within these limits.
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| 2.1. Does your state have policies or procedures allowing the agency to use lower limits than the CCPA? |
No.
For Additional Information - No Link Provided
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| 2.2. What are the withholding limits for non-employees? |
50% of the obligors disposable income unless there is more than one support order for which the obligor is obligated and the criteria of 15 U.S.C. Section 1673(B) are met, or the obligor agrees to a greater amount within these limits.
For Additional Information - No Link Provided
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| 3. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii). |
$2.00 for each payment withheld.
For Additional Information - No Link Provided
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| 4. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain. |
No.
For Additional Information - No Link Provided
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| 5. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order? |
The income provider must implement withholding no later than the first pay period.
For Additional Information - No Link Provided
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| 5.1. How many days following the first pay period that occurs after service, receipt, or mailing of an income withholding order is an employer required to begin withholding? |
No later than the first pay period that occurs 10 days after the date of receipt of the order/notice.
For Additional Information - No Link Provided
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| 6. When must an employer remit amounts withheld from an employee's pay? |
Within 7 business days of withholding.
For Additional Information - No Link Provided
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| 7. What are your state's sanctions for employers for not implementing income withholding? |
Simple misdemeanor for first offense, and serious misdemeanor for subsequent offenses, for failing to withhold or remit withheld amounts; is liable for the accumulated amount which should have been withheld, together with costs, interest, and reasonable attorney fees.
For Additional Information - No Link Provided
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| 7.1. What are the penalties to an employer for failure to remit payments withheld? |
Simple misdemeanor for first offense, and serious misdemeanor for subsequent offenses, for failing to withhold or remit withheld amounts; is liable for the accumulated amount which should have been withheld, together with costs, interest, and reasonable attorney fees.
For Additional Information - No Link Provided
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| 8. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state's UI agency? If yes, please explain your process and include any additional required documents. |
No.
For Additional Information - No Link Provided
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| 8.1. If no, what is your state's process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents. |
Iowa automatically sends the Income Withholding for Support on all Iowa IV-D cases. If another state wants Iowa to withhold support from unemployment benefits, they need to send Transmittal #1 to Iowa Central Registry to begin enforcement in Iowa.
For Additional Information - No Link Provided
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| 9. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent's financial institution in your state? If yes, please explain your process and include any additional required documents. |
No.
For Additional Information - No Link Provided
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| 9.1. If no, what is your state's process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents. |
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If another state wants Iowa to levy a financial institution, they need to send Transmittal #1 to Iowa Central Registry to begin enforcement in Iowa.
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| 10. How does a noncustodial parent contest an income withholding in your state? |
An informal conference can be requested with the Child Support Services. Obligor also has the right to file a Motion to Quash in district court.
For Additional Information - No Link Provided
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| 11. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).) |
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According to 252D.18A of the Code of Iowa, the following laws apply: * The total of all amounts withheld shall not exceed the amounts specified in 15 U.S.C. Section 1673(b). * Priority shall be given to the withholding of current support rather than delinquent support. The payor shall not allocate amounts withheld in a manner which results in the failure to withhold an amount for one or more of the current support obligations. When collections are received, they are prorated among all cases for that obligor.
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| 12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums? |
Iowa follows the Federal Consumer Credit Protection Action (15 U.S.C., Section 1672 (b)). Withholdings required by law include State and Federal taxes, Social Security taxes; Medicare taxes, and state and local government employees retirement system (IPERS) (mandatory retirement); and union dues if withheld from payroll.
For Additional Information - No Link Provided
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| 13. When does your state require the employer to send notice of an employee's termination? |
Iowa law requires an employer to promptly notify the court or the Child Support Services when an obligor's employment or other income terminates, and to provide us with the obligor's last known address and the name and address of a new employer, if known.
For Additional Information - No Link Provided
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| 14. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate. |
1. Child support (CS)
2. Alimony (CA)
3. Medical support (MS)
4. House payment (HP)
5. Insurance payment (IP)
6. Arrears (RE/MR)
There are 3 types of cases:
current assistance(CA), former assistance(FA), and never assistance(NA). Each case type has an individual hierarchy of money due to the family vs state.
441 Iowa Administrative Code 95.3 (252B)
For Additional Information - No Link Provided
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| 1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.) |
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All data matches available on intrastate cases are available to the requesting state.
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| 2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request? |
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A fully completed Transmittal #1, Child Support Confidential Information Form, a copy of court order, arrears balance with a payment history, and bank account information are required to process the request. Please note on the Transmittal that you want Iowa to close the case once the action is completed.
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| 3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus? |
Iowa submits an obligor's child support information to credit bureaus when the support order is registered and/or filed in Iowa for enforcement. If the case is an interstate case, Iowa only reports the case if Iowa is the responding state. The support order must be registered and/or filed in Iowa for enforcement and the payor must have a credit reporting balance equal to or greater than $1,001.
For Additional Information - No Link Provided
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| 4. To which credit bureaus does your state report a noncustodial parent's child support information? |
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Equifax.
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| 5. Is the method for credit bureau reporting judicial, administrative, or both? |
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Administrative.
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| 6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?" |
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The payors case may remain on the payor's credit history for up to 7 years after the balance is reported as zero.
If there is a mistake in identity of the payor, a mistake in the balance reported, or the case becomes ineligible for reporting the payor can submit a dispute to Equifax online, by mail, or by phone.
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| 7. When your state is the responding state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount? |
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Iowa normally does not submit past-due cases to the debtor file for federal administrative offset when we are the responding state. If there is a public assistance or non-public assistance past-due support balance due in Iowa that meets the certification criteria, we may offset the federal payment.
The minimum required past-due amount is $150 for public assistance. Iowa calculates this total by combining the public assistance past-due support from individual cases that meet the criteria and have a minimum of $50 of public assistance past-due support.
The minimum required amount is $500 for non-public assistance. Iowa calculates this total by combining the non-public assistance past-due support from individual cases that meet the criteria and have a minimum of $50 of non-public assistance past-due support.
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| 8. When your state is the initiating state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount? |
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Iowa does submit past-due cases to OCSE for federal administrative offset when we are the initiating state.
The minimum required past-due amount is $150 for public assistance. Iowa calculates this total by combining the public assistance past-due support from individual cases that meet the criteria and have a minimum of $50 of public assistance past-due support.
The minimum required amount is $500 for non-public assistance. Iowa calculates this total by combining the non-public assistance past-due support from individual cases that meet the criteria and have a minimum of $50 of non-public assistance past-due support.
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| 9. When your state is the responding state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount? |
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No.
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| 10. When your state is the initiating state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount? |
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Yes, $500.
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| 11. When your state is the responding state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum required past-due amount? |
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No.
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| 12. When your state is the initiating state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum past-due amount? |
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Yes, one month delinquency.
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| 13. When your state is the responding state, does it submit past-due cases to OCSE for passport denial? |
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Iowa normally doesnt submit past-due cases to the debtor file for passport denial when we are the responding state. If there is a public or non-public assistance past-due support balance due in Iowa that meets the certification criteria, we may sanction the individuals passport.
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| 14. Are the financial institution attachment procedures in your state judicial, administrative, or both? |
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Both.
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| 15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt? |
Yes, Incorporated Businesses, Conservatorships, Trust Accounts, Escrow Accounts.
For Additional Information - No Link Provided
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| 16. Is the financial institution attachment process in your state centralized and/or automated? |
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Centralized and automated.
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| 17. What are the criteria to attach an account in a financial institution in your state? |
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One month delinquency.
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| 18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain. |
No.
For Additional Information - No Link Provided
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| 19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required. |
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Transmittal #3 for limited-service request, certified copy of court order, certified payment record, and affidavit of arrears.
**Can also list Trans #1 for full enforcement request if payor resides in Iowa**.
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| 20. Does your state's income withholding definition include amounts in financial institutions? |
No.
For Additional Information - No Link Provided
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| 21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both? |
Yes. The State.
For Additional Information - No Link Provided
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| 22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency? |
No sooner than 15 calendar days and no later than 20 calendar days from the receipt of the Freeze and Seize notice.
For Additional Information - No Link Provided
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| 23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames. |
Yes. 252I.7 & 8(5)(a), Immediately encumber funds, financial institution shall encumber moneys if Child Support Services notifies the financial institution to do so.
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| 24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain. |
Up to 50% of the funds. This is the same for joint accounts.
For Additional Information - No Link Provided
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| 25. What are the criteria for a noncustodial parent and/or joint account holder to contest a financial institution attachment? |
Submit challenge in writing within 10 business days of the date on the Administrative Levy Notice.
A challenge may be submitted due to a mistake of fact, including but not limited to, a mistake in identity of the obligor or a mistake in the amount of delinquent support due.
If an Administrative Levy is upheld the Noncustodial parent may submit a request for district court hearing in writing within 10 business days of the date on the Notice of Decision Regarding Administrative Levy Challenge.
For Additional Information - No Link Provided
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| 26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow. |
Yes. The child support agency works with the financial institution on a case-by-case basis.
Statute Citation: Iowa Code section 627.6A; 42USC 666(c)(1)(G)(ii and iii).
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| 27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support? |
There must be a delinquency of at least three months of support or more to meet the initial selection criteria.
Certain exemptions are allowed for the license sanction process. A payor can enter into a temporary payment agreement that keeps the license from being suspended as long as payor complies with the temporary agreement.
For Additional Information - No Link Provided
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| 28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions? |
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The payor has four options: Pay all arrears and current support due pay case to zero, or Provide income provider -information must be verified, or Provide exemption- information must be verified, or Request a conference, attend the conference, and follow through with the requirements from the conference.
Payor must contact CSS to complete any of the four options listed above. CSS will then contact the licensing agency(s) to allow payor's license to be reinstated if the reinstatement conditions are met.
Payor may request a district court hearing only if sanction of license has been issued, or payor received a notice of sanction from the licensing agency, and it is within 30 days of receiving the notice.
CSS will send withdrawal of license sanction to the licensing agency(s) to request payors license be reinstated if reinstatement conditions are met.
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| 29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria? |
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No.
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| 30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types. |
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There must be a delinquency of at least three months of support or more to meet the initial selection criteria.
Licenses held with the Iowa Department of Transportation, Iowa Department of Natural Resources, Iowa Department of Public Safety, Iowa Department of Inspections. Appeals, and Licensing.
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| 31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions? |
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The payor has four options: Pay all arrears and current support due pay case to zero, or Provide income provider -information must be verified, or Provide exemption- information must be verified, or request a conference, attend the conference, and follow through with the requirements from the conference.
Payor must contact CSS to complete any of the four options listed above. CSS will then contact the licensing agency(s) to allow payor's license to be reinstated if the reinstatement conditions are met.
Payor may request a district court hearing only if sanction of license has been issued, or payor received a notice of sanction from the licensing agency, and it is within 30 days of receiving the notice.
CSS will send withdrawal of license sanction to the licensing agency(s) to request payors license be reinstated if reinstatement conditions are met.
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| 32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria? |
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No.
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| 33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types. |
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There must be a delinquency of at least three months of support or more to meet the initial selection criteria.
Certain exemptions are allowed for the license sanction process. A payor can enter into a temporary payment agreement that keeps the license from being suspended as long as payor complies with the temporary agreement.
License types:
Hunt, Fish, Deer, Turkey, Miscellaneous
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| 34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions? |
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The payor has four options: Pay all arrears and current support due pay case to zero, or Provide income provider -information must be verified, or Provide exemption- information must be verified, or Request a conference, attend the conference, and follow through with the requirements from the conference.
Payor must contact CSS to complete any of the four options listed above. CSS will then contact the licensing agency(s) to allow payors license to be reinstated if the reinstatement conditions are met.
Payor may request a district court hearing only if sanction of license has been issued, or payor received a notice of sanction from the licensing agency, and it is within 30 days of receiving the notice.
CSS will send withdrawal of license sanction to the licensing agency(s) to request payors license be reinstated if reinstatement conditions are met.
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| 35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria? |
No.
For Additional Information - No Link Provided
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| 36. What are the criteria for initiating/filing a lien in your state? |
An automatic judgment is filed by the Clerk of Court in the county where a child support order is filed. Iowa charges a filing fee of $10.00 for Real Property but there is no fee for Personal Property (vehicles).
For Additional Information - No Link Provided
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| 37. Is the lien process in your state primarily judicial, administrative, or both? Please describe. |
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Administrative. The Clerk of Court puts a lien on the property when the child support order is filed in the county where property is owned.
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| 38. Does your state enforce property seizure and sale? If so, is this process primarily judicial, administrative, or both? Please describe. |
Yes. This is a judicial process. The court issues a document to the county sheriff to seize property or assets or garnish wages. If property seizure is involved, a legal description of property must be provided to the court. The sheriff will continue collecting efforts until the judgement is satisfied or for a 120 day period.
For Additional Information - No Link Provided
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| 39. Does your state have a state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination. |
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Iowa does have state income tax refund offset as an enforcement remedy. The process for this remedy is Administrative.
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| 40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included? |
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Iowa intercepts lottery and gambling winnings, including sport wagering.
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| 40.1. If yes, is this enforcement judicial, administrative, or both? |
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Administrative.
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| 41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG? |
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Seek Employment, Publication of Names, and Wanted Posters however Iowa is not using these enforcement methods at this time.
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| 42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG? |
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Contempt of court.
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| 1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.) |
Every two years upon request, for customer request; every three years for mandatory TANF reviews. Iowa Administrative Code 441-99.62(2)
For Additional Information -
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| 2. What is your state's modification procedure? Briefly describe. |
Iowa has administrative review and modification processes. After determining the initial criteria is met, we notify parties of our intent to modify and request financial information from both parents. Staff complete a guidelines calculation, issue a notice of decision with the outcome and adjust the order if it meets substantial change, variance requirements or other criteria. Parties have an opportunity to challenge and/or ask for a court hearing. A determination of controlling order is done within the modification process, if there are multiple state orders. Iowa may use a judicial modification process which has similar steps, if needed.
For Additional Information - No Link Provided
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| 3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)? |
2 year reviews - 20% variation from guidelines support amount. Special circumstances - less than 2 years if proof of 50% change in one parent's net income or other criteria. See K4.7. In court process, 10% variation from the mandatory child support guidelines represents a substantial change.
For Additional Information - No Link Provided
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| 4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order? |
For Additional Information - No Link Provided
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| 4.1. The earnings of the noncustodial parent have substantially increased or decreased. |
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Yes.
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| 4.2. The earnings of the custodial parent have substantially increased or decreased. |
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Yes.
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| 4.3. The needs of a party or the child(ren) have substantially increased or decreased. |
Yes.
For Additional Information - No Link Provided
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| 4.4. The cost of living has changed. |
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No.
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| 4.5. The child(ren) has extraordinary medical expenses not covered by insurance. |
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Yes.
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| 4.6. There has been a substantial change in childcare expenses. |
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Yes.
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| 4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order? |
A child may be added to the order, the original obligation was set at zero or reserved, medical support provisions need added, a minor obligor is out of compliance with parenting class or educational requirements; cost of living in special circumstance when both parties agree to a cost-of-living alteration.
For Additional Information - No Link Provided
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| 5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).) |
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Yes. Consumer Price Index as published in the Federal Register by the federal Department of Labor, Bureau of Labor Statistics for all urban consumers, U.S. city average. See K4.7.
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| 6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).) |
No. We notify both the payor and payee by letter of their ability to request a modification, in order to bring incarcerated payors obligations in line with their current income and ability to pay. We must receive a request from one of the parties to initiate review.
For Additional Information - No Link Provided
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