252B.20 - SUSPENSION OF SUPPORT.
252B.20 SUSPENSION OF SUPPORT.
1. If the unit is providing child support enforcement services
pursuant to this chapter, the parents of a dependent child for whom
support has been ordered pursuant to chapter 252A, 252C, 252F, 598,
600B, or any other chapter, may jointly request the assistance of the
unit in suspending the obligation for support if all of the following
conditions exist:
a. The parents have reconciled and are cohabiting, and the
child for whom support is ordered is living in the same residence as
the parents, or the child is currently residing with the parent who
is ordered to pay support. If the basis for suspension under this
paragraph applies to at least one but not all of the children for
whom support is ordered, the condition of this paragraph is met only
if the support order includes a step change.
b. The child for whom support is ordered is not receiving
public assistance pursuant to chapter 239B, 249A, or a comparable law
of a foreign jurisdiction, unless the person against whom support is
ordered is considered to be a member of the same household as the
child for the purposes of public assistance eligibility.
c. The parents have signed a notarized affidavit attesting to
the conditions under paragraphs "a" and "b", have consented
to suspension of the support order or obligation, and have submitted
the affidavit to the unit.
d. No prior request for suspension has been filed with the
unit during the two-year period preceding the request, unless the
request was filed during the two-year period preceding July 1, 2005,
the unit denied the request because the suspension did not apply to
all children for whom support is ordered, and the parents jointly
file a request on or after July 1, 2005.
e. Any other criteria established by rule of the department.
2. Upon receipt of the application for suspension and properly
executed and notarized affidavit, the unit shall review the
application and affidavit to determine that the necessary criteria
have been met. The unit shall then do one of the following:
a. Deny the request and notify the parents in writing that
the application is being denied, providing reasons for the denial and
notifying the parents of the right to proceed through private
counsel. Denial of the application is not subject to contested case
proceedings or further review pursuant to chapter 17A.
b. Approve the request and prepare an order which shall be
submitted, along with the affidavit, to a judge of a district court
for approval, suspending the accruing support obligation and, if
requested by the obligee, and if not prohibited by chapter 252K,
satisfying the obligation of support due the obligee. If the basis
for suspension applies to at least one but not all of the children
for whom support is ordered and the support order includes a step
change, the unit shall prepare an order suspending the accruing
support obligation for each child to whom the basis for suspension
applies.
3. An order approved by the court for suspension of an accruing
support obligation is effective upon the date of filing of the
suspension order. The satisfaction of an obligation of support due
the obligee shall be final upon the filing of the suspension order.
A support obligation which is satisfied is not subject to the
reinstatement provisions of this section.
4. An order suspending an accruing support obligation entered by
the court pursuant to this section shall be considered a temporary
order for the period of six months from the date of filing of the
suspension order. However, the six- month period shall not include
any time during which an application for reinstatement is pending
before the court.
5. During the six-month period the unit may request that the
court reinstate the accruing support order or obligation if any of
the following conditions exist:
a. Upon application to the unit by either parent or other
person who has physical custody of the child.
b. Upon the receipt of public assistance benefits, pursuant
to chapter 239B, 249A, or a comparable law of a foreign jurisdiction,
by the person entitled to receive support and the child on whose
behalf support is paid, provided that the person owing the support is
not considered to be a member of the same household as the child for
the purposes of public assistance eligibility.
6. If a condition under subsection 5 exists, the unit may request
that the court reinstate an accruing support obligation as follows:
a. If the basis for the suspension no longer applies to any
of the children for whom an accruing support obligation was
suspended, the unit shall request that the court reinstate the
accruing support obligations for all of the children.
b. If the basis for the suspension continues to apply to at
least one but not all of the children for whom an accruing support
obligation was suspended and if the support order includes a step
change, the unit shall request that the court reinstate the accruing
support obligation for each child for whom the basis for the
suspension no longer applies.
7. Upon filing of an application for reinstatement, service of
the application shall be made either in person or by first class mail
upon both parents. Within ten days following the date of service,
the parents may file a written objection with the clerk of the
district court to the entry of an order for reinstatement.
a. If no objection is filed, the court may enter an order
reinstating the accruing support obligation without additional
notice.
b. If an objection is filed, the clerk of court shall set the
matter for hearing and send notice of the hearing to both parents and
the unit.
8. The reinstatement is effective as follows:
a. For reinstatements initiated under subsection 5, paragraph
"a", the date the notices were served on both parents pursuant to
subsection 7.
b. For reinstatements initiated under subsection 5, paragraph
"b", the date the child began receiving public assistance
benefits during the suspension of the obligation.
c. Support which became due during the period of suspension
but prior to the reinstatement is waived and not due and owing unless
the parties requested and agreed to the suspension under false
pretenses.
9. If the order suspending a support obligation has been on file
with the court for a period exceeding six months as computed pursuant
to subsection 4, the order becomes final by operation of law and
terminates the support obligation, and thereafter, a party seeking to
establish a support obligation against either party shall bring a new
action for support as provided by law.
10. This section shall not limit the rights of the parents or the
unit to proceed by other means to suspend, terminate, modify,
reinstate, or establish support.
11. This section does not provide for the suspension or
retroactive modification of support obligations which accrued prior
to the entry of an order suspending enforcement and collection of
support pursuant to this section. However, if in the application for
suspension, an obligee elects to satisfy an obligation of accrued
support due the obligee, the suspension order may satisfy the
obligation of accrued support due the obligee.
12. Nothing in this section shall prohibit or limit the unit or a
party entitled to receive support from enforcing and collecting any
unpaid or unsatisfied support that accrued prior to the suspension of
the accruing obligation.
13. For the purposes of chapter 252H regarding the criteria for a
review under subchapter II of that chapter or for a cost-of-living
alteration under subchapter IV of that chapter, if a support
obligation is terminated or reinstated under this section, such
termination or reinstatement shall not be considered a modification
of the support order.
14. As used in this section, unless the context otherwise
requires, "step change" means a change designated in a support
order specifying the amount of the child support obligation as the
number of children entitled to support under the order changes. Section History: Recent Form
93 Acts, ch 79, §24; 94 Acts, ch 1171, §18; 96 Acts, ch 1141, § 4;
97 Acts, ch 41, § 32; 98 Acts, ch 1170, §46, 47; 2005 Acts, ch 112,
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