252D.31 - MOTION TO QUASH.
252D.31 MOTION TO QUASH.
An obligor under this chapter may move to quash an income
withholding order or a notice of income withholding by filing a
motion to quash with the clerk of court.
1. Grounds for contesting a withholding order under this chapter
include all of the following:
a. A mistake of fact, which for purposes of this chapter
means an error in the amount withheld or the amount of the
withholding or the identity of the obligor.
b. For immediate withholding only, the conditions for
exception to immediate income withholding as defined under section
252D.8 existed at the time of implementation of the withholding.
2. The clerk of the district court shall schedule a hearing on
the motion to quash for a time not later than seven days after the
filing of the motion to quash and the notice of the motion to quash.
The clerk shall mail to the parties copies of the motion to quash,
the notice of the motion to quash, and the order scheduling the
hearing.
3. The payor shall withhold and transmit the amount specified in
the order or notice of the order of income withholding to the clerk
of the district court or the collection services center, as
appropriate, until the notice that a motion to quash has been granted
is received. Section History: Recent Form
97 Acts, ch 175, §68
Referred to in § 252E.6A