252H.14A - REVIEWS INITIATED BY THE CHILD SUPPORT RECOVERY UNIT -- ABBREVIATED METHOD.
252H.14A REVIEWS INITIATED BY THE CHILD SUPPORT
RECOVERY UNIT -- ABBREVIATED METHOD.
1. Notwithstanding section 252H.15, to assist the unit in meeting
the requirement for reviews and adjustments under the federal Deficit
Reduction Act of 2005, Pub. L. No. 109-171, the unit may use
procedures under this section to review a support order if all the
following apply:
a. The right to ongoing child support is assigned to the
state of Iowa due to the receipt of family investment program
assistance, and a review of the support order is required under
section 7302 of the federal Deficit Reduction Act of 2005, Pub. L.
No. 109-171.
b. The unit has access to information concerning the
financial circumstances of each parent and one of the following
applies:
(1) The parent is a recipient of family investment program
assistance, medical assistance, or food assistance from the
department.
(2) The parent's income is from supplemental security income paid
pursuant to 42 U.S.C. § 1381a.
(3) The parent is a recipient of disability benefits under the
Act because of the parent's disability.
(4) The parent is an inmate of an institution under the control
of the department of corrections.
2. If the conditions of subsection 1 are met, the unit may
conduct a review and determine whether an adjustment is appropriate
using information accessible by the unit without issuing a notice
under section 252H.15 or requesting additional information from the
parent.
3. Upon completion of the review, the unit shall issue a notice
of decision to each parent, or if applicable, to each parent's
attorney. The notice shall be served in accordance with the rules of
civil procedure or as provided in section 252B.26.
4. All of the following shall be included in the notice of
decision:
a. The legal basis and purpose of the action, including an
explanation of the procedures for determining child support, the
criteria for determining the appropriateness of an adjustment, and a
statement that the unit used the child support guidelines established
pursuant to section 598.21B and the provisions for medical support
pursuant to chapter 252E.
b. Information sufficient to identify the affected parties
and the support order or orders affected.
c. An explanation of the legal rights and responsibilities of
the affected parties, including time frames in which the parties must
act.
d. A statement indicating whether the unit finds that an
adjustment is appropriate and the basis for the determination.
e. Procedures for contesting the action, including that if a
parent requests a second review both parents will be requested to
submit financial or income information as necessary for application
of the child support guidelines established pursuant to section
598.21B.
f. Other information as appropriate.
5. Section 252H.16, subsection 5, regarding a revised notice of
decision shall apply to a notice of decision issued under this
section.
6. Each parent shall have the right to challenge the notice of
decision issued under this section by requesting a second review by
the unit as provided in section 252H.17. If there is no new or
different information to consider for the second review, the unit
shall issue a second notice of decision based on prior information.
Each parent shall have the right to challenge the second notice of
decision by requesting a court hearing as provided in section 252H.8.
Section History: Recent Form
2007 Acts, ch 218, §151, 156
Referred to in § 252B.26, 252H.8, 252H.10, 252H.11, 252H.15,
252H.17