252J.9 - DISTRICT COURT HEARING.
252J.9 DISTRICT COURT HEARING.
1. Following the issuance of a written decision by the unit under
section 252J.6 which includes the issuance of a certificate of
noncompliance, or following provision of notice to the individual by
a licensing authority pursuant to section 252J.8, an individual may
seek review of the decision and request a hearing before the district
court as follows:
a. If the action is a result of section 252J.2, subsection 2,
paragraph "a", in the county in which the underlying support
order is filed, by filing an application with the district court, and
sending a copy of the application to the unit by regular mail.
b. If the action is a result of section 252J.2, subsection 2,
paragraph "b", and the individual is not an obligor, in a county
in which the dependent child or children reside if the child or
children reside in Iowa; in the county in which the dependent child
or children last received public assistance if the child or children
received public assistance in Iowa; or in the county in which the
individual resides if the action is the result of a request from a
child support agency in a foreign jurisdiction.
2. An application shall be filed to seek review of the decision
by the unit or following issuance of notice by the licensing
authority no later than within thirty days after the issuance of the
notice pursuant to section 252J.8. The clerk of the district court
shall schedule a hearing and mail a copy of the order scheduling the
hearing to the individual and the unit and shall also mail a copy of
the order to the licensing authority, if applicable. The unit shall
certify a copy of its written decision and certificate of
noncompliance, indicating the date of issuance, and the licensing
authority shall certify a copy of a notice issued pursuant to section
252J.8, to the court prior to the hearing.
3. The filing of an application pursuant to this section shall
automatically stay the actions of a licensing authority pursuant to
section 252J.8. The hearing on the application shall be scheduled
and held within thirty days of the filing of the application.
However, if the individual fails to appear at the scheduled hearing,
the stay shall be lifted and the licensing authority shall continue
procedures pursuant to section 252J.8.
4. The scope of review by the district court shall be limited to
demonstration of a mistake of fact relating to the delinquency of the
obligor or the noncompliance of the individual with a subpoena or
warrant. Issues related to visitation, custody, or other provisions
not related to the support provisions of a support order are not
grounds for a hearing under this chapter.
5. Support orders shall not be modified by the court in a hearing
under this chapter.
6. If the court finds that the unit was in error in issuing a
certificate of noncompliance, or in failing to issue a withdrawal of
a certificate of noncompliance, the unit shall issue a withdrawal of
a certificate of noncompliance to the appropriate licensing
authority. Section History: Recent Form
95 Acts, ch 115, §9; 97 Acts, ch 175, §121; 2009 Acts, ch 41, §246
Referred to in § 252J.6, 252J.8