252H.24 - ROLE OF THE CHILD SUPPORT RECOVERY UNIT -- FILING AND DOCKETING OF COST-OF-LIVING ALTERATION ORDER -- ORDER EFFECTIVE AS DISTRICT COURT ORDER.
252H.24 ROLE OF THE CHILD SUPPORT RECOVERY UNIT --
FILING AND DOCKETING OF COST-OF-LIVING ALTERATION ORDER -- ORDER
EFFECTIVE AS DISTRICT COURT ORDER.
1. Upon receipt of a request and required documentation for a
cost-of-living alteration, the unit shall issue a notice of the
amount of cost-of-living alteration by regular mail to the last known
address of each parent, or, if applicable, each parent's attorney.
The notice shall include all of the following:
a. A statement that either parent may contest the cost-of-
living alteration within thirty days of the date of the notice by
making a request for a review of a support order as provided in
section 252H.13, and if either parent does not make a request for a
review within thirty days, the unit shall prepare an administrative
order as provided in subsection 4.
b. A statement that the parent may waive the thirty-day
notice waiting period provided for in this section.
2. Upon timely receipt of a request and required documentation
for a review of a support order as provided in subsection 1 from
either parent, the unit shall terminate the cost-of-living alteration
process and apply the provisions of subchapters I and II of this
chapter relating to review and adjustment.
3. Upon receipt of signed requests from both parents subject to
the support order, waiving the notice waiting period, the unit may
prepare an administrative order pursuant to subsection 4 altering the
support obligation.
4. If timely request for a review pursuant to section 252H.13 is
not made, and if the thirty-day notice waiting period has expired, or
if both parents have waived the notice waiting period, the unit shall
prepare and present an administrative order for a cost-of-living
alteration, ex parte, to the district court where the order to be
altered is filed.
5. Unless defects appear on the face of the administrative order
or on the attachments, the district court shall approve the order.
Upon filing, the approved order shall have the same force, effect,
and attributes of an order of the district court.
6. Upon filing, the clerk of the district court shall enter the
order in the judgment docket and judgment lien index.
7. If the parents jointly waive the thirty-day notice waiting
period, the signed statements of both parents waiving the notice
period shall be filed in the court record with the administrative
order altering the support obligation.
8. The unit shall send a copy of the order by regular mail to
each parent's last known address, or, if applicable, to the last
known address of the parent's attorney.
9. An administrative order approved by the district court is
final, and action by the unit to enforce and collect upon the order
may be taken from the date of the entry of the order by the district
court. Section History: Recent Form
97 Acts, ch 175, §109
Referred to in § 252H.13, 252H.21, 598.21C