§ 252D.31 — Motion to quash

Iowa § 252D.31

• Jurisdiction: Iowa
• Title VI: HUMAN SERVICES
• Ch. 252D: SUPPORT PAYMENTS — INCOME WITHHOLDING

Text

An obligor under this chapter may move to quash an income withholding order or a notice
of income withholding by filing a motion to quash with the clerk of court.
1. Grounds for contesting a withholding order under this chapter include all of the
following:
9 SUPPORT PAYMENTS — INCOME WITHHOLDING, §252D.31
a. A mistake of fact, which for purposes of this chapter means an error in the amount
withheld or the amount of the withholding or the identity of the obligor.
b. For immediate withholding only, the conditions for exception to immediate income
withholding as defined under section 252D.8 existed at the time of implementation of the
withholding.
2. The clerk of the district court shall schedule a hearing on the motion to quash for a time
not later than seven days after the filing of the motion to quash and the notice of the motion
to quash. The clerk shall mail to the parties copies of the motion to quash, the notice of the
motion to quash, and the order scheduling the hearing.
3. The payor shall withhold and transmit the amount specified in the order or notice of
the order of income withholding to the clerk of the district court or the collection services
center or a comparable government entity in another state as provided in chapter 252K, as
appropriate, until the notice that a motion to quash has been granted is received.