252B.4 - NONASSISTANCE CASES.
252B.4 NONASSISTANCE CASES.
The child support and paternity determination services established
by the department pursuant to this chapter and other appropriate
services provided by law including but not limited to the provisions
of chapters 239B, 252A, 252C, 252D, 252E, 252F, 598, and 600B shall
be made available by the unit to an individual not otherwise eligible
as a public assistance recipient upon application by the individual
for the services or upon referral as described in subsection 5. The
application shall be filed with the department.
1. The director shall require an application fee of twenty-five
dollars.
2. The director may collect a fee to cover the costs incurred by
the department for service of process, genetic testing and court
costs if the entity providing the service charges a fee for the
services.
3. Fees collected pursuant to this section shall be considered
repayment receipts, as defined in section 8.2, and shall be used for
the purposes of the unit. The director or a designee shall keep an
accurate record of the fees collected and expended.
4. An application fee paid by a recipient of services pursuant to
subsection 1 may be recovered by the unit from the person responsible
for payment of support and if recovered shall be used to reimburse
the recipient of services.
a. The fee shall be an automatic judgment against the person
responsible to pay support.
b. This subsection shall serve as constructive notice that
the fee is a debt due and owing, is an automatic judgment against the
person responsible for support, and is assessed as the fee is paid by
a recipient of services. The fee may be collected in addition to any
support payments or support judgment ordered, and no further notice
or hearing is required prior to collecting the fee.
c. Notwithstanding any provision to the contrary, the unit
may collect the fee through any legal means by which support payments
may be collected, including but not limited to income withholding
under chapter 252D or income tax refund offsets, unless prohibited
under federal law.
d. The unit is not required to file these judgments with the
clerk of the district court, but shall maintain an accurate
accounting of the fee assessed, the amount of the fee, and the
recovery of the fee.
e. Support payments collected shall not be applied to the
recovery of the fee until all other support obligations under the
support order being enforced, which have accrued through the end of
the current calendar month, have been paid or satisfied in full.
f. This subsection applies to fees that become due on or
after July 1, 1992.
5. The unit shall also provide child support and paternity
determination services and shall respond as provided in federal law
for an individual not otherwise eligible as a public assistance
recipient if the unit receives a request from any of the following:
a. A child support agency.
b. A foreign reciprocating country or foreign country with
which the state has an arrangement as provided in 42 U.S.C. § 659A.
Section History: Early Form
[C77, 79, 81, § 252B.4] Section History: Recent Form
83 Acts, ch 153, § 16; 92 Acts, ch 1195, § 101, 102; 93 Acts, ch
78, §6, 7; 93 Acts, ch 79, §37; 96 Acts, ch 1213, § 39; 97 Acts, ch
41, § 32; 97 Acts, ch 175, § 27--29; 2002 Acts, 2nd Ex, ch 1003,
§143, 151; 2005 Acts, ch 175, §118
Referred to in § 252B.2, 252H.5