§ 252B.20 — Suspension of support — request by mutual consent

Iowa § 252B.20

• Jurisdiction: Iowa
• Title VI: HUMAN SERVICES
• Ch. 252B: CHILD SUPPORT SERVICES

Text

1. If child support services is providing child support enforcement services pursuant to
this chapter, the parents of a dependent child for whom support has been ordered pursuant
to chapter 252A, 252C, 252F, 598, 600B, or any other chapter, may jointly request the
assistance of child support services in suspending the obligation for support if all of the
following conditions exist:
a. The parents have reconciled and are cohabiting, and the child for whom support is
ordered is living in the same residence as the parents, or the child is currently residing with
the parent who is ordered to pay support. If the basis for suspension under this paragraph
applies to at least one but not all of the children for whom support is ordered, the condition
of this paragraph is met only if the support order includes a step change.
b. The child for whom support is ordered is not receiving public assistance pursuant to
chapter239B,249A,oracomparablelawofanotherstateorforeigncountry,unlesstheperson
against whom support is ordered is considered to be a member of the same household as the
child for the purposes of public assistance eligibility.
c. The parents have signed a notarized affidavit attesting to the conditions under
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paragraphs “a” and “b”, have consented to suspension of the support order or obligation,
and have submitted the affidavit to child support services.
d. No prior request for suspension has been filed with child support services under this
section and no prior request for suspension has been served by child support services under
section 252B.20A during the two-year period preceding the request.
e. Any other criteria established by rule of the department.
2. Upon receipt of the application for suspension and properly executed and notarized
affidavit, childsupportservicesshallreviewtheapplicationandaffidavittodeterminethatthe
necessary criteria have been met. Child support services shall then do one of the following:
a. Deny the request and notify the parents in writing that the application is being denied,
providing reasons for the denial and notifying the parents of the right to proceed through
private counsel. Denial of the application is not subject to contested case proceedings or
further review pursuant to chapter 17A.
b. Approve the request and prepare an order which shall be submitted, along with
the affidavit, to a judge of a district court for approval, suspending the accruing support
obligation and, if requested by the obligee, and if not prohibited by chapter 252K, satisfying
the obligation of support due the obligee. If the basis for suspension applies to at least one
but not all of the children for whom support is ordered and the support order includes a
step change, child support services shall prepare an order suspending the accruing support
obligation for each child to whom the basis for suspension applies.
3. An order approved by the court for suspension of an accruing support obligation is
effective upon the date of filing of the suspension order. The satisfaction of an obligation
of support due the obligee shall be final upon the filing of the suspension order. A support
obligation which is satisfied is not subject to the reinstatement provisions of this section.
4. An order suspending an accruing support obligation entered by the court pursuant to
this section shall be considered a temporary order for the period of six months from the date
of filing of the suspension order. However, the six-month period shall not include any time
during which an application for reinstatement is pending before the court.
5. During the six-month period child support services may request that the court reinstate
the accruing support order or obligation if any of the following conditions exist:
a. Upon application to child support services by either parent or other person who has
physical custody of the child.
b. Upon the receipt of public assistance benefits, pursuant to chapter 239B, 249A, or a
comparable law of another state or foreign country, by the person entitled to receive support
and the child on whose behalf support is paid, provided that the person owing the support is
not considered to be a member of the same household as the child for the purposes of public
assistance eligibility.
6. If a condition under subsection 5 exists, child support services may request that the
court reinstate an accruing support obligation as follows:
a. If the basis for the suspension no longer applies to any of the children for whom an
accruingsupportobligationwassuspended,childsupportservicesshallrequestthatthecourt
reinstate the accruing support obligations for all of the children.
b. Ifthebasisforthesuspensioncontinuestoapplytoatleastonebutnotallofthechildren
for whom an accruing support obligation was suspended and if the support order includes a
step change, child support services shall request that the court reinstate the accruing support
obligation for each child for whom the basis for the suspension no longer applies.
7. Upon filing of an application for reinstatement, service of the application shall be made
either in person or by first class mail upon both parents. Within ten days following the date
of service, the parents may file a written objection with the clerk of the district court to the
entry of an order for reinstatement.
a. If no objection is filed, the court may enter an order reinstating the accruing support
obligation without additional notice.
b. If an objection is filed, the clerk of court shall set the matter for hearing and send notice
of the hearing to both parents and child support services.
8. The reinstatement is effective as follows:
§252B.20, CHILD SUPPORT SERVICES 22
a. For reinstatements initiated under subsection 5, paragraph “a”, the date the notices
were served on both parents pursuant to subsection 7.
b. Forreinstatementsinitiatedundersubsection5, paragraph“b”, thedatethechildbegan
receiving public assistance benefits during the suspension of the obligation.
c. Support which became due during the period of suspension but prior to the
reinstatement is waived and not due and owing unless the parties requested and agreed to
the suspension under false pretenses.
9. If the order suspending a support obligation has been on file with the court for a period
exceeding six months as computed pursuant to subsection 4, the order becomes final by
operation of law and terminates the support obligation, and thereafter, a party seeking to
establish a support obligation against either party shall bring a new action for support as
provided by law.
10. Thissectionshallnotlimittherightsoftheparentsorchildsupportservicestoproceed
by other means to suspend, terminate, modify, reinstate, or establish support.
11. This section does not provide for the suspension or retroactive modification of
support obligations which accrued prior to the entry of an order suspending enforcement and
collection of support pursuant to this section. However, if in the application for suspension,
an obligee elects to satisfy an obligation of accrued support due the obligee, the suspension
order may satisfy the obligation of accrued support due the obligee.
12. Nothing in this section shall prohibit or limit child support services or a party entitled
to receive support from enforcing and collecting any unpaid or unsatisfied support that
accrued prior to the suspension of the accruing obligation.
13. For the purposes of chapter 252H, subchapter II, regarding the criteria for a review
or for a cost-of-living alteration under chapter 252H, subchapter IV, if a support obligation
is terminated or reinstated under this section, such termination or reinstatement shall not be
considered a modification of the support order.
14. As used in this section, unless the context otherwise requires, “step change” means a
change designated in a support order specifying the amount of the child support obligation
as the number of children entitled to support under the order changes.
15. As specified in this section, if the child for whom support is ordered is not receiving
public assistance pursuant to chapter 239B, 249A, or a comparable law of another state or
foreign country, upon agreement of the parents, child support services may facilitate the
suspension of the child support order or obligation if the child is residing with a caretaker,
who is a natural person, and who has not requested child support services to provide
services under this chapter. The parents and the caretaker shall sign a notarized affidavit
attesting to the conditions under this section, consent to the suspension of the support order
or obligation, and submit the affidavit to child support services. Upon the receipt of public
assistance benefits pursuant to chapter 239B, 249A, or a comparable law of another state
or foreign country, by the child on whose behalf support is ordered, or upon application to
child support services by either parent or the caretaker, child support services may, within
the time periods specified in this section, request the reinstatement of the accruing support
order or obligation pursuant to this section.
16. The department may adopt all necessary and proper rules to administer and interpret
this section.