§ 252I.8 — Challenges to action

Iowa § 252I.8

• Jurisdiction: Iowa
• Title VI: HUMAN SERVICES
• Ch. 252I: SUPPORT PAYMENTS — LEVIES AGAINST ACCOUNTS

Text

1. Challenges under this chapter may be initiated only by an obligor or by an account
holder of interest. Actions initiated by child support services under this chapter are not
subjecttochapter17A,andresultingcourthearingsfollowingcertificationshallbeanoriginal
hearing before the district court.
2. The person challenging the action shall submit a written challenge to child support
services within ten working days of the date of the notice.
3. Child support services shall, upon receipt of a written challenge, review the facts of the
case with the challenging party. Only a mistake of fact including but not limited to a mistake
in the identity of the obligor or a mistake in the amount of delinquent support due shall be
considered as a reason to dismiss or modify the proceeding.
4. If child support services determines that a mistake of fact has occurred, child support
services shall proceed as follows:
a. If a mistake in identity has occurred or the obligor is not delinquent in an amount equal
to the payment for one month, child support services shall notify the financial institution that
the administrative levy has been released. Child support services shall provide a copy of the
notice to the support obligor by regular mail.
b. If the obligor is delinquent, but the amount of the delinquency is less than the amount
indicated in the notice, child support services shall notify the financial institution of the
revised amount with a copy of the notice and issue a copy to the obligor or forward a copy to
the obligor by regular mail. Upon written receipt of instructions from child support services,
the financial institution shall release the funds in excess of the revised amount to the obligor
and the moneys in the amount of the debt shall be processed according to section 252I.7.
5. If child support services finds no mistake of fact, child support services shall provide
a notice to that effect to the challenging party by regular mail. Upon written request of the
5 SUPPORT PAYMENTS — LEVIES AGAINST ACCOUNTS, §252I.8
challenging party, child support services shall request a hearing before the district court in
the county in which the underlying support order is filed.
a. The financial institution shall encumber moneys if child support services notifies the
financial institution to do so.
b. Theclerkofthedistrictcourtshallscheduleahearingupontherequestbychildsupport
services for a time not later than ten calendar days after the filing of the request for hearing.
The clerk shall mail copies of the request for hearing and the order scheduling the hearing
to child support services and to all account holders of interest.
c. If the court finds that there is a mistake of identity or that the obligor does not owe
the delinquent support, child support services shall notify the financial institution that the
administrative levy has been released.
d. If the court finds that the obligor has an interest in the account, and the amount of
support due was incorrectly overstated, child support services shall notify the financial
institution to release the excess moneys to the obligor and remit the remaining moneys in
the amount of the debt to the collection services center for disbursement to the appropriate
recipient.
e. If the court finds that the obligor has an interest in the account, and the amount of
support due is correct, the financial institution shall forward the moneys to the collection
services center for disbursement to the appropriate recipient.
f. If the obligor or any other party known to have an interest in the account fails to
appear at the hearing, the court may find the challenging party in default, shall ratify the
administrative levy, if valid upon its face, and shall enter an order directing the financial
institution to release the moneys to child support services.
g. Issues related to visitation, custody, or other provisions not related to levies against
accounts are not grounds for a hearing under this chapter.
h. Support orders shall not be modified under a challenge pursuant to this section.
i. Any findings in the challenge of an administrative levy related to the amount of the
accruing or accrued support obligation do not modify the underlying support order.
j. An order entered under this chapter for a levy against an account of a support obligor
has priority over a levy for a purpose other than the support of the dependents in the court
order being enforced.
6. The support obligor may withdraw the request for challenge by submitting a
written withdrawal to child support services or child support services may withdraw
the administrative levy at any time prior to the court hearing and provide notice of the
withdrawal to the obligor and any account holder of interest and to the financial institution,
by regular mail.
7. If the financial institution has forwarded moneys to the collection services center and
has deducted a fee from the moneys of the account, or if any additional fees or costs are
levied against the account, and all funds are subsequently refunded to the account due to a
mistake of fact or ruling of the court, child support services shall reimburse the account for
any fees assessed by the financial institution. If the mistake of fact is a mistake in the amount
of support due and any portion of the moneys is retained as support payments, however, child
support services is not required to reimburse the account for any fees or costs levied against
the account. Additionally, for the purposes of reimbursement to the account for any fees or
costs, each certificate of deposit is considered a separate account.