252F.4 - ENTRY OF ORDER.
252F.4 ENTRY OF ORDER.
1. If both parties fail to respond to the initial notice within
twenty days after the date of service of the notice or fail to appear
at a conference pursuant to section 252F.3 on the scheduled date of
the conference, and paternity has not been contested and both parties
fail to timely request a court hearing on the issue of support, the
administrator shall enter an order against the parties, declaring the
putative father to be the legal father of the child or children
involved and assessing any accrued and accruing child support
obligation pursuant to the guidelines established under section
598.21B, and medical support pursuant to chapter 252E.
2. If paternity is contested pursuant to section 252F.3,
subsection 6, and the party contesting paternity fails to appear for
a paternity test and fails to request a rescheduling pursuant to
section 252F.3, or fails to appear for both the initial and the
rescheduled paternity tests and both parties fail to timely request a
court hearing on the issue of support, the administrator shall enter
an order against the parties declaring the putative father to be the
legal father of the child or children involved and assessing any
accrued and accruing child support obligation pursuant to the
guidelines established under section 598.21B, and medical support
pursuant to chapter 252E.
3. If a conference pursuant to section 252F.3 is held, and
paternity is not contested, and both parties fail to timely request a
court hearing on the issue of support, the administrator shall enter
an order against the parties after the second notice has been sent
declaring the putative father to be the legal father of the child or
children involved and assessing any accrued and accruing child
support obligation pursuant to the guidelines established under
section 598.21B, and medical support pursuant to chapter 252E.
4. If paternity was contested and paternity testing was performed
and the putative father was not excluded, if the test results
indicate that the probability of the putative father's paternity is
ninety-five percent or greater, if the test results are not timely
challenged, and if both parties fail to timely request a court
hearing on the issue of support, the administrator shall enter an
order against the parties declaring the putative father to be the
legal father of the child or children involved and assessing any
accrued and accruing child support obligation pursuant to the
guidelines established under section 598.21B, and medical support
pursuant to chapter 252E.
5. The administrator shall establish a support obligation under
this section based upon the best information available to the unit
and pursuant to section 252B.7A.
6. The order shall contain all of the following:
a. A declaration of paternity.
b. The amount of monthly support to be paid, with direction
as to the manner of payment.
c. The amount of accrued support.
d. The name of the custodial parent or caretaker.
e. The name and birth date of the child or children to whom
the order applies.
f. A statement that property of a party ordered to provide
support is subject to income withholding, liens, garnishment, tax
offset, and other collection actions.
g. The medical support required pursuant to chapter 598 and
chapter 252E.
h. A statement that a party who is ordered to provide support
is required to inform the child support recovery unit, on a
continuing basis, of the name and address of the party's current
employer, whether the party has access to health insurance coverage
as required in the order, and if so, the health insurance policy
information.
i. If paternity was contested by the putative father, the
amount of any judgment assessed to the father for costs of paternity
tests conducted pursuant to this chapter.
j. Statements as required pursuant to section 598.22B.
7. If paternity is not contested but a party does wish to
challenge the issues of child or medical support, the administrator
shall enter an order establishing paternity and reserving the issues
of child or medical support for determination by the district court.
Section History: Recent Form
93 Acts, ch 79, §17; 94 Acts, ch 1171, §33; 97 Acts, ch 175, § 85;
2005 Acts, ch 69, §18; 2007 Acts, ch 218, §176, 187; 2008 Acts, ch
1019, §18, 20
Referred to in § 252F.3 Footnotes
For transition provisions applicable to existing child support
recovery unit rules, procedures, definitions, and requirements, and
for nullification of 441 IAC rule 98.3, see 2007 Acts, ch 218, §186