This text of Iowa § 252H.14A (Reviews initiated by child support services — abbreviated method) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1. Notwithstanding section 252H.15, child support services may use procedures under
this section to review a support order if all the following apply:
a. One of the following applies:
(1)The right to ongoing child support is assigned to the state of Iowa due to the receipt
of family investment program assistance, and a review of the support order is required under
section 7302 of the federal Deficit Reduction Act of 2005, Pub. L. No. 109-171.
(2)A parent requests a review, provides child support services with financial information
as part of that request, and the order meets the criteria for review under this subchapter.
b. Child support services has access to information concerning the financial
circumstances of each parent and one of the following applies:
(1)The parent is a recipient
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1. Notwithstanding section 252H.15, child support services may use procedures under
this section to review a support order if all the following apply:
a. One of the following applies:
(1) The right to ongoing child support is assigned to the state of Iowa due to the receipt
of family investment program assistance, and a review of the support order is required under
section 7302 of the federal Deficit Reduction Act of 2005, Pub. L. No. 109-171.
(2) A parent requests a review, provides child support services with financial information
as part of that request, and the order meets the criteria for review under this subchapter.
b. Child support services has access to information concerning the financial
circumstances of each parent and one of the following applies:
(1) The parent is a recipient of family investment program assistance, medical assistance,
or supplemental nutrition assistance program assistance from the department.
(2) The parent’s income is from supplemental security income paid pursuant to 42 U.S.C.
§1381a.
(3) The parent is a recipient of disability benefits under the Act because of the parent’s
disability.
(4) The parent is an inmate of an institution under the control of the department of
corrections.
(5) Child support services has access to information described in section 252B.7A,
subsection 1, paragraph “c”.
2. If the conditions of subsection 1 are met, child support services may conduct a review
and determine whether an adjustment is appropriate using information accessible by child
support services without issuing a notice under section 252H.15 or requesting additional
information from the parent.
3. Upon completion of the review, child support services shall issue a notice of decision
to each parent, or if applicable, to each parent’s attorney. The notice shall be served in
accordance with the rules of civil procedure or as provided in section 252B.26, except that
a parent requesting a review pursuant to section 252H.13 shall waive the right to personal
service of the notice in writing and accept service by regular mail. If the service by regular
mail does not occur within ninety days of the written waiver of personal service, personal
service of the notice is required unless a new waiver of personal service is obtained.
4. All of the following shall be included in the notice of decision:
§252H.14A, ADJUSTMENT AND MODIFICATION OF SUPPORT ORDERS 10
a. The legal basis and purpose of the action, including an explanation of the procedures
for determining child support, the criteria for determining the appropriateness of an
adjustment, and a statement that child support services used the child support guidelines
established pursuant to section 598.21B and the provisions for medical support pursuant to
chapter 252E.
b. Information sufficient to identify the affected parties and the support order or orders
affected.
c. An explanation of the legal rights and responsibilities of the affected parties, including
time frames in which the parties must act.
d. A statement indicating whether child support services finds that an adjustment is
appropriate and the basis for the determination.
e. Proceduresforcontestingtheaction, includingthatifaparentrequestsasecondreview
both parents will be requested to submit financial or income information as necessary for
application of the child support guidelines established pursuant to section 598.21B.
f. Other information as appropriate.
5. Section 252H.16, subsection 5, regarding a revised notice of decision shall apply to a
notice of decision issued under this section.
6. Each parent shall have the right to challenge the notice of decision issued under
this section by requesting a second review by child support services as provided in section
252H.17. If there is no new or different information to consider for the second review, child
support services shall issue a second notice of decision based on prior information. Each
parent shall have the right to challenge the second notice of decision by requesting a court
hearing as provided in section 252H.8.