252A.13 - RECIPIENTS OF PUBLIC ASSISTANCE -- ASSIGNMENT OF SUPPORT PAYMENTS.
252A.13 RECIPIENTS OF PUBLIC ASSISTANCE -- ASSIGNMENT
OF SUPPORT PAYMENTS.
1. If public assistance is provided by the department of human
services to or on behalf of a dependent child or a dependent child's
caretaker, there is an assignment by operation of law to the
department of any and all rights in, title to, and interest in any
support obligation, payment, and arrearages owed to or on behalf of
the child or caretaker not to exceed the amount of public assistance
paid for or on behalf of the child or caretaker as follows:
a. For family investment program assistance, section 239B.6
shall apply.
b. For foster care services, section 234.39 shall apply.
c. For medical assistance, section 252E.11 shall apply.
2. The department shall immediately notify the clerk of court by
mail when such child or caretaker has been determined to be eligible
for public assistance. Upon notification by the department, the
clerk of court shall make a notation of the automatic assignment in
the judgment docket and lien index. The notation constitutes
constructive notice of the assignment. If the applicant for public
assistance, for whom public assistance is approved and provided on or
after July 1, 1997, is a person other than a parent of the child, the
department shall send notice of the assignment by regular mail to the
last known addresses of the obligee and obligor. The clerk of court
shall forward support payments received pursuant to section 252A.6,
to which the department is entitled, to the department, unless the
court has ordered the payments made directly to the department under
that section. The department may secure support payments in default
through other proceedings.
3. The clerk shall furnish the department with copies of all
orders or decrees awarding and temporary domestic abuse orders
addressing support when the parties are receiving public assistance
or services are otherwise provided by the child support recovery
unit. Unless otherwise specified in the order, an equal and
proportionate share of any child support awarded is presumed to be
payable on behalf of each child, subject to the order or judgment,
for purposes of an assignment under this section. Section History: Early Form
[C77, 79, 81, § 252A.13; 82 Acts, ch 1237, § 2] Section History: Recent Form
83 Acts, ch 96, § 157, 159; 97 Acts, ch 175, § 7; 2008 Acts, ch
1019, §3, 7
Referred to in § 602.8102(47)