Hundt v. Iowa Department of Human Services

545 N.W.2d 306, 1996 Iowa Sup. LEXIS 60, 1996 WL 133253
CourtSupreme Court of Iowa
DecidedMarch 20, 1996
DocketNo. 95-64
StatusPublished
Cited by1 cases

This text of 545 N.W.2d 306 (Hundt v. Iowa Department of Human Services) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hundt v. Iowa Department of Human Services, 545 N.W.2d 306, 1996 Iowa Sup. LEXIS 60, 1996 WL 133253 (iowa 1996).

Opinion

HARRIS, Justice.

A statute, Iowa Code section 252C.2(2) (1993), prevents a support debt from accruing against a “responsible person” for the period during which that person .receives public assistance for the benefit of a dependent child. This dispute concerns whether this protection can be urged by a father against the State. The State, by defendant Iowa department of human services (DHS), acquired its interests by an assignment from a mother of her right to child support from the father. The question is whether the department’s rights under the assignment control over the father’s statutory protections. The trial court ruled the department’s right prevailed. We think the father’s should.

The facts are not disputed. Douglas Hundt is married to Angela Hundt, and they are the parents of a minor son. Due to marital difficulties the couple separated sometime during the fall of 1987, and Douglas left the marital home. Angela then applied for and received assistance from DHS in the form of aid to families with dependent children (AFDC).

Congress established the AFDC program in 1935 to provide welfare payments to children who were impoverished due to the absence, incapacity, or death of a parent. 42 U.S.C.A. § 606(a) (West Supp.1995); Batterton v. Francis, 432 U.S. 416, 418, 97 S.Ct. 2399, 2402, 53 L.Ed.2d 448, 452 (1977). The program was designed to enable widows and divorced mothers to stay at home and care for their children without having to work outside the home, thus eliminating the usual practice then of institutionalizing children whose families face such a predicament. Batterton, 432 U.S. at 418, 97 S.Ct. at 2402, 53 L.Ed.2d at 452. AFDC was not intended to assist families who were needy because the principal earner (usually the father) was unemployed. Id. at 419, 97 S.Ct. at 2402, 53 L.Ed.2d at 452. Instead it was assumed that [308]*308other social welfare programs would address this problem by attacking unemployment directly. Id.

In 1961 the AFDC program was amended to create an experimental program (AFDC — unemployed father) which provided assistance in certain situations where a parent’s unemployment caused a child to become destitute. Id. at 420, 97 S.Ct. at 2402, 53 L.Ed.2d at 453. The aim was to provide benefits for needy children without giving an incentive to the principal earner to desert the family in order to make it eligible for assistance. Oberschachtsiek v. Iowa Dep’t of Social Serv., 298 N.W.2d 302, 304 (Iowa 1980). After some modifications to eliminate variations in coverage among the states, the experimental program was made permanent. Id. at 305; 42 U.S.C.A. § 607(a) (West Supp.1995).

Both programs are joint ventures between the federal government and the states, with funding provided on a matching basis. Batterton, 432 U.S. at 420, 97 S.Ct. at 2403, 53 L.Ed.2d at 453. Participation is optional, but once a state elects to participate in a program, as Iowa has with both, it must abide by federal statutes and regulations. Oberschachtsiek, 298 N.W.2d at 305; see also Iowa Admin.Code r. 441-41.1(5) (providing aid pursuant to Iowa Code chapter 239 for children who are needy because of an “absent” parent); Iowa Admin.Code r. 441-42.2 (providing aid pursuant to Iowa Code chapter 239 for children who are needy due to a “parent’s unemployment”).

As required by Iowa Code section 252C.2(1), Angela assigned her rights to future, current, and back child support to DHS up to the amount of AFDC she received. She received the benefits in the months of November 1987, December 1987, and January 1988 for her and her child. In December 1987 the child support recovery unit (CSRU), a division of DHS, filed in district court an administrative order for reimbursement and future support. It required Douglas to pay $150 per month in support beginning January 1, 1988. It did not require reimbursement for back child support.

Douglas and Angela were thereafter reconciled and Douglas returned to the marital home beginning in February 1988. Financial troubles continued so the family received AFDC through the unemployed parent program in the months of February 1988, March 1988, January 1992, February 1992, March 1992, April 1992, and May 1992. Despite the reconciliation, the child support order against Douglas was not modified until December 9, 1992, when an order terminated the current child support obligation and satisfied the amount Douglas owed Angela. Between the entry of the order in December of 1987 and its termination in December of 1992, a total support obligation of $9000 accrued (sixty months x $150).

The CSRU eventually sought to recoup the AFDC benefits granted to the Hundts by enforcing the delinquent child support debt Angela had assigned to DHS. In October 1993 the CSRU mailed Douglas a federal tax refund notice informing him that his federal tax refund would be withheld for child support due. The notice stated that Douglas had a right to contest the amount due by requesting an administrative review, and Douglas requested such a review. The CSRU thereafter issued an order finding Douglas owed DHS $3517.

As can be seen, the public assistance was rendered at two different times under two distinct programs: (1) Angela and her son received benefits through the regular AFDC program in November 1987, December 1987, and January 1988 based on Douglas’s absence from the home; and (2) in February and March of 1988 and January through May of 1992, Douglas, Angela, and their son received benefits through the AFDC unemployed parent program based on Douglas’s unemployment. There is no question concerning the first time period; Douglas agrees he owes child support (to DHS by assignment) for the month of January 1988. DHS does not contend he owes it for November and December 1987, apparently because the administrative order filed by the CSRU did not require reimbursement for back child support. The dispute involves the second period. When CSRU ruled against him regarding payments during that period, [309]*309Douglas petitioned for judicial review. The district court upheld DHS’s administrative decision, and the matter is before us on Douglas’s appeal.

Our review is on error. Iowa R.App.P. 4. Douglas sought judicial review in district court of a final agency action under the power conferred by the Iowa administrative procedure Act, and the sole question on appeal is whether the district court correctly applied the law. Foods, Inc. v. Iowa Civil Rights Comm’n, 318 N.W.2d 162, 165 (Iowa 1982).

I. Douglas grounds his argument on a distinction between a “support order” and a “support debt.” A “support order” is created when DHS, acting through the CSRU, files a copy of an administrative support order in district court. Iowa Code § 252C.5. Unless defects appear on the face or on the attachments, the district court must approve the order, and it has the same effect as any other court decree. Iowa Code § 252C.5(1). A “support debt” arises in favor of DHS and against a “responsible person”1 when a dependent receives public assistance.

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Bluebook (online)
545 N.W.2d 306, 1996 Iowa Sup. LEXIS 60, 1996 WL 133253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hundt-v-iowa-department-of-human-services-iowa-1996.