252C.2 - ASSIGNMENT -- CREATION OF SUPPORT DEBT -- SUBROGATION.
252C.2 ASSIGNMENT -- CREATION OF SUPPORT DEBT --
SUBROGATION.
1. If public assistance is provided by the department to or on
behalf of a dependent child or a dependent child's caretaker, there
is an assignment by operation of law to the department of any and all
right in, title to, and interest in any support obligation, payment,
and arrearages owed to or for the child or caretaker up to the amount
of public assistance paid for or on behalf of the child or caretaker.
Unless otherwise specified in the order, an equal and proportionate
share of any child support awarded is presumed to be payable on
behalf of each child subject to the order or judgment for purposes of
an assignment under this section. For family investment program
assistance, section 239B.6 shall apply.
2. The payment of public assistance to or for the benefit of a
dependent child or a dependent child's caretaker creates a support
debt due and owing to the department by the responsible person in an
amount equal to the public assistance payment, except that the
support debt is limited to the amount of a support obligation
established by court order or by the administrator. The
administrator may establish a support debt as to amounts accrued and
accruing pursuant to section 598.21B. However, when establishing a
support obligation against a responsible person, no debt shall be
created for the period during which the responsible person is a
recipient on the person's own behalf of public assistance for the
benefit of the dependent child or the dependent child's caretaker, if
any of the following conditions exist:
a. The parents have reconciled and are cohabiting, and the
child for whom support would otherwise be sought is living in the
same residence as the parents.
b. The child is living with the parent from whom support
would otherwise be sought.
3. The provision of child support collection or paternity
determination services under chapter 252B to an individual, even
though the individual is ineligible for public assistance, creates a
support debt due and owing to the individual or the individual's
child or ward by the responsible person in the amount of a support
obligation established by court order or by the administrator. The
administrator may establish a support debt in favor of the individual
or the individual's child or ward and against the responsible person,
both as to amounts accrued and accruing, pursuant to section 598.21B.
4. The payment of medical assistance pursuant to chapter 249A for
the benefit of a dependent child or a dependent child's caretaker
creates a support debt due and owing to the department. The
administrator may establish an order for medical support.
5. The department is subrogated to the rights of a dependent
child or a dependent child's caretaker to bring a court action or to
execute an administrative remedy for the collection of support. The
administrator may petition an appropriate court for modification of a
court order on the same grounds as a party to the court order can
petition the court for modification. Section History: Recent Form
84 Acts, ch 1278, § 2; 89 Acts, ch 166, § 4; 92 Acts, ch 1195, §
401, 402; 94 Acts, ch 1171, §20; 97 Acts, ch 175, § 50; 2005 Acts, ch
69, §12, 13; 2008 Acts, ch 1019, §4, 7
Referred to in § 252C.3, 598.21B