252D.8 - PERSONS SUBJECT TO IMMEDIATE INCOME WITHHOLDING.
252D.8 PERSONS SUBJECT TO IMMEDIATE INCOME
WITHHOLDING.
1. In a support order issued or modified on or after November 1,
1990, for which services are being provided by the child support
recovery unit, and in any support orders issued or modified after
January 1, 1994, for which services are not provided by the child
support recovery unit, the income of a support obligor is subject to
withholding, on the effective date of the order, regardless of
whether support payments by the obligor are in arrears. If services
are being provided pursuant to chapter 252B, the child support
recovery unit may enter an ex parte order for an immediate
withholding of income. The district court may enter an ex parte
order for immediate income withholding for cases in which the child
support recovery unit is not providing services. The income of the
obligor is subject to immediate withholding unless one of the
following occurs:
a. One of the parties demonstrates and the court or child
support recovery unit finds there is good cause not to require
immediate withholding. A finding of good cause shall be based on, at
a minimum, written findings and conclusions by the court or
administrative authority as to why implementing immediate withholding
would not be in the best interests of the child. In cases involving
modifications, the findings shall also include proof of timely
payment of previously ordered support.
b. A written agreement is reached between both parties which
provides for an alternative arrangement. If the support payments
have been assigned to the department of human services pursuant to
chapter 234 or 239B, or a comparable statute of another jurisdiction,
the department shall be considered a party to the support order, and
a written agreement pursuant to this section to waive immediate
withholding is void unless approved by the child support recovery
unit. Any agreement existing at the time an assignment of support is
made pursuant to chapter 234 or 239B or pursuant to a comparable
statute of another jurisdiction shall not prevent the child support
recovery unit from implementing immediate withholding.
2. For an order not requiring immediate withholding, income of an
obligor is subject to immediate withholding, without regard to
whether there is an arrearage, on the earliest of the following:
a. The date the obligor requests that the withholding begin.
b. The date the custodial parent or party to the proceeding
requests that the withholding begin, if the request is approved by
the district court or, in cases in which services are being provided
pursuant to chapter 252B, if the child support recovery unit approves
the request. Section History: Recent Form
90 Acts, ch 1123, §1; 93 Acts, ch 78, §11; 94 Acts, ch 1171, §24;
97 Acts, ch 41, § 32
Referred to in § 252D.31