252D.18 - MODIFICATION OR TERMINATION OF WITHHOLDING.
252D.18 MODIFICATION OR TERMINATION OF WITHHOLDING.
1. The court or the child support recovery unit may, by ex parte
order, modify a previously entered income withholding order if the
court or the unit determines any of the following:
a. There has been a change in the amount of the current
support obligation.
b. The amount required to be withheld under the income
withholding order is in error.
c. Any past due support debt has been paid in full. Should a
delinquency later accrue, the withholding order may be modified to
secure payment toward the delinquency.
d. There has been a change in the rules adopted by the
department pursuant to chapter 17A regarding the amount of income to
be withheld to pay a delinquency.
2. The child support recovery unit may modify an amount specified
in an income withholding order or notice of income withholding by
providing notice to the payor of income and the obligor pursuant to
sections 252D.17 and 252D.17A.
3. The court or the child support recovery unit may, by ex parte
order, terminate an income withholding order when the current support
obligation has terminated and when the delinquent support obligation
has been fully satisfied as applicable to all of the children covered
by the income withholding order.
4. In no case shall payment of overdue support be the sole basis
for termination of withholding. Section History: Recent Form
90 Acts, ch 1123, § 8; 91 Acts, ch 177, § 6; 92 Acts, ch 1195, §
106; 93 Acts, ch 78, §13; 98 Acts, ch 1170, §44; 2006 Acts, ch 1119,
§5, 11 Footnotes
Subsection 2 is retroactively applicable to support orders and
income withholding orders entered or pending before July 1, 2006;
interpretation of existing rules of the department of human services
pending adoption of amendments to conform to changes made in 2006
Acts, ch 1119; 2006 Acts, ch 1119, §11