§ 252D.8 — Persons subject to immediate income withholding

Iowa § 252D.8

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

Text

1. In a support order issued or modified on or after November 1, 1990, for which services
are being provided by child support services, and in any support orders issued or modified
after January 1, 1994, for which services are not provided by child support services, the
income of a support obligor is subject to withholding, on the effective date of the order,
regardless of whether support payments by the obligor are in arrears. If services are being
provided pursuant to chapter 252B, child support services may enter an ex parte order for
an immediate withholding of income. The district court may enter an ex parte order for
immediate income withholding for cases in which child support services is not providing
services. The income of the obligor is subject to immediate withholding unless one of the
following occurs:
a. One of the parties demonstrates and the court or child support services finds there is
good cause not to require immediate withholding. A finding of good cause shall be based on,
at a minimum, written findings and conclusions by the court or administrative authority as
to why implementing immediate withholding would not be in the best interests of the child.
In cases involving modifications, the findings shall also include proof of timely payment of
previously ordered support.
b. A written agreement is reached between both parties which provides for an alternative
arrangement. If the support payments have been assigned to the department pursuant to
chapter 234 or 239B, or a comparable statute of another jurisdiction, the department shall
be considered a party to the support order, and a written agreement pursuant to this section
to waive immediate withholding is void unless approved by child support services. Any
agreement existing at the time an assignment of support is made pursuant to chapter 234
or 239B or pursuant to a comparable statute of another jurisdiction shall not prevent child
support services from implementing immediate withholding.
2. For an order not requiring immediate withholding, income of an obligor is subject to
immediate withholding, without regard to whether there is an arrearage, on the earliest of
the following:
a. The date the obligor requests that the withholding begin.
b. The date the custodial parent or party to the proceeding requests that the withholding
begin, if the request is approved by the district court or, in cases in which services are being
provided pursuant to chapter 252B, if child support services approves the request.