252C.3 - NOTICE OF SUPPORT DEBT -- FAILURE TO RESPOND -- HEARING -- ORDER.
252C.3 NOTICE OF SUPPORT DEBT -- FAILURE TO RESPOND
-- HEARING -- ORDER.
1. The administrator may issue a notice stating the intent to
secure an order for either medical support as provided in chapter
252E or payment of an accrued or accruing support debt due and owed
to the department or an individual under section 252C.2, or both.
The notice shall be served upon the responsible person in accordance
with the rules of civil procedure. The notice shall include all of
the following:
a. A statement that the support obligation will be set
pursuant to the child support guidelines established pursuant to
section 598.21B, and the criteria established pursuant to section
252B.7A, and that the responsible person is required to provide
medical support in accordance with chapter 252E.
b. The name of a public assistance recipient and the name of
the dependent child or caretaker for whom the public assistance is
paid.
c. (1) A statement that if the responsible person desires to
discuss the amount of support that a responsible person should be
required to pay, the responsible person may, within ten days after
being served, contact the office of the child support recovery unit
which sent the notice and request a negotiation conference.
(2) A statement that if a negotiation conference is requested,
then the responsible person shall have ten days from the date set for
the negotiation conference or thirty days from the date of service of
the original notice, whichever is later, to send a request for a
hearing to the office of the child support recovery unit which issued
the notice.
(3) A statement that after the holding of the negotiation
conference, the administrator may issue a new notice and finding of
financial responsibility for child support or medical support, or
both, to be sent to the responsible person by regular mail addressed
to the responsible person's last known address, or if applicable, to
the last known address of the responsible person's attorney.
(4) A statement that if the administrator issues a new notice and
finding of financial responsibility for child support or medical
support, or both, then the responsible person shall have thirty days
from the date of issuance of the new notice to send a request for a
hearing to the office of the child support recovery unit which issued
the notice. If the administrator does not issue a new notice and
finding of financial responsibility for child support or medical
support, or both, the responsible party shall have ten days from the
date of issuance of the conference report to send a request for a
hearing to the office of the child support recovery unit which issued
the conference report.
d. A statement that if the responsible person objects to all
or any part of the notice or finding of financial responsibility for
child support or medical support, or both, and a negotiation
conference is not requested, the responsible person shall, within
thirty days of the date of service send to the office of the child
support recovery unit which issued the notice a written response
setting forth any objections and requesting a hearing.
e. A statement that if a timely written request for a hearing
is received by the office of the child support recovery unit which
issued the notice, the responsible person shall have the right to a
hearing to be held in district court; and that if no timely written
response is received, the administrator may enter an order in
accordance with the notice and finding of financial responsibility
for child support or medical support, or both.
f. A statement that, as soon as the order is entered, the
property of the responsible person is subject to collection action,
including but not limited to wage withholding, garnishment,
attachment of a lien, and execution.
g. A statement that the responsible person shall notify the
administrator of any change of address, employment, or medical
coverage as required by chapter 252E.
h. A statement that if the responsible person has any
questions, the responsible person should telephone or visit an office
of the child support recovery unit or consult an attorney.
i. Such other information as the administrator finds
appropriate.
2. The time limitations for requesting a hearing in subsection 1
may be extended by the administrator.
3. If a timely written response setting forth objections and
requesting a hearing is received by the appropriate office of the
child support recovery unit, a hearing shall be held in district
court.
4. If timely written response and request for hearing is not
received by the appropriate office of the child support recovery
unit, the administrator may enter an order in accordance with the
notice, and shall specify all of the following:
a. The amount of monthly support to be paid, with directions
as to the manner of payment.
b. The amount of the support debt accrued and accruing in
favor of the department.
c. The name of the custodial parent or agency having custody
of the dependent child and the name and birth date of the dependent
child for whom support is to be paid.
d. That the property of the responsible person is subject to
collection action, including but not limited to wage withholding,
garnishment, attachment of a lien, and execution.
e. The medical support required pursuant to chapter 598 and
rules adopted pursuant to chapter 252E.
5. The responsible person shall be sent a copy of the order by
regular mail addressed to the responsible person's last known
address, or if applicable, to the last known address of the
responsible person's attorney. The order is final, and action by the
administrator to enforce and collect upon the order, including
arrearages and medical support, or both, may be taken from the date
of approval of the order by the court pursuant to section 252C.5. Section History: Recent Form
84 Acts, ch 1278, § 3; 90 Acts, ch 1224, § 16--21; 92 Acts, ch
1195, § 202, 203, 403; 95 Acts, ch 52, §3, 4; 97 Acts, ch 175, §
51--53; 2005 Acts, ch 69, §14; 2007 Acts, ch 218, §159, 160, 187;
2008 Acts, ch 1019, §18, 20
Referred to in § 234.39, 252C.12 Footnotes
For transition provisions applicable to existing child support
recovery unit rules, procedures, definitions, and requirements, and
for nullification of 441 IAC rule 98.3, see 2007 Acts, ch 218, §186