252E.6A - MOTION TO QUASH.
252E.6A MOTION TO QUASH.
1. An obligor may move to quash the order to the employer under
section 252E.4 by following the same procedures and alleging a
mistake of a fact as provided in section 252D.31 or as provided in
subsection 2. If the unit is enforcing an income withholding order
and a medical support order simultaneously, any challenge to the
income withholding order and medical support enforcement shall be
filed and heard simultaneously.
2. The obligor may allege as a mistake of fact an error in the
availability of dependent coverage under the health benefit plan
because the coverage is not accessible to the dependent. Even if the
plan is not accessible as defined in section 252E.1, the court may
determine that the plan is substantially accessible if the obligee
demonstrates that the dependent may receive a benefit under the plan.
Section 252K.316 relating to evidence and procedure shall apply to
the court proceeding.
3. The employer shall comply with the requirements of this
chapter until the employer receives notice that a motion to quash has
been granted, or that the unit has amended or terminated the national
medical support notice. Section History: Recent Form
97 Acts, ch 175, §75; 2002 Acts, ch 1018, §9