252C.4 - CERTIFICATION TO COURT -- HEARING -- DEFAULT.
252C.4 CERTIFICATION TO COURT -- HEARING --
DEFAULT.
1. A responsible person or the child support recovery unit may
request a hearing regarding a determination of support. If a timely
written request for a hearing is received, the administrator shall
certify the matter to the district court as follows:
a. If the child or children reside in Iowa, and the unit is
seeking an accruing obligation, in the county in which the dependent
child or children reside.
b. If the child or children received public assistance in
Iowa, and the unit is seeking only an accrued obligation, in the
county in which the dependent child or children last received public
assistance.
c. If the action is the result of a request from a foreign
jurisdiction to establish support by a responsible person located in
Iowa, in the county in which the responsible person resides.
2. The certification shall include true copies of the notice and
finding of financial responsibility or notice of the support debt
accrued and accruing, the return of service, the written objections
and request for hearing, and true copies of any administrative orders
previously entered.
3. The court shall set the matter for hearing and notify the
parties of the time and place of hearing.
4. The court shall establish the monthly child support payment
and the amount of the support debt accrued and accruing pursuant to
section 598.21B, or medical support pursuant to chapter 252E, or
both.
5. If a party fails to appear at the hearing, upon a showing of
proper notice to that party, the court shall find that party in
default and enter an appropriate order.
6. Actions initiated by the administrator under this chapter are
not subject to chapter 17A and resulting court hearings following
certification shall be an original hearing before the district court.
7. If a responsible person contests an action initiated under
this chapter by denying paternity, the following shall apply, as
necessary:
a. (1) If the prior determination of paternity is based on an
affidavit of paternity filed pursuant to section 252A.3A, or an
administrative order entered pursuant to chapter 252F, or an order by
the courts of this state, or by operation of law when the mother and
established father are or were married to each other, the provisions
of section 600B.41A are applicable.
(2) If the court determines that the prior determination of
paternity should not be overcome pursuant to section 600B.41A, and
that the responsible person has a duty to provide support, the court
shall enter an order establishing the monthly child support payment
and the amount of the support debt accrued and accruing pursuant to
section 598.21B, or medical support pursuant to chapter 252E, or
both.
b. If the prior determination of paternity is based on an
administrative or court order or other means, pursuant to the laws of
a foreign jurisdiction, an action to overcome the prior determination
of paternity shall be filed in that jurisdiction. Unless the
responsible person requests and is granted a stay of an action
initiated under this chapter to establish child or medical support,
the action shall proceed as otherwise provided by this chapter. Section History: Recent Form
84 Acts, ch 1278, § 4; 89 Acts, ch 166, § 5; 89 Acts, ch 179, § 1;
90 Acts, ch 1224, § 22; 92 Acts, ch 1195, § 204; 93 Acts, ch 78, §9;
94 Acts, ch 1171, §21, 22; 95 Acts, ch 67, §19; 2005 Acts, ch 69,
§15, 16
Referred to in § 252C.5, 598.21B