This text of Iowa § 252J.6 (Decision of child support services) 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.If an obligor is not in compliance with a support order or the individual is not in
compliance with a subpoena or warrant pursuant to section 252J.2, child support services
mails a notice to the individual pursuant to section 252J.3, and the individual requests a
conference pursuant to section 252J.4, child support services shall issue a written decision if
any of the following conditions exists:
a.The individual fails to appear at a scheduled conference under section 252J.4.
b.A conference is held under section 252J.4.
c.The obligor fails to comply with a written agreement entered into by the obligor and
child support services under section 252J.5.
2.Child support services shall send a copy of the written decision to the individual by
regular mail at the individual’s most recent ad
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1. If an obligor is not in compliance with a support order or the individual is not in
compliance with a subpoena or warrant pursuant to section 252J.2, child support services
mails a notice to the individual pursuant to section 252J.3, and the individual requests a
conference pursuant to section 252J.4, child support services shall issue a written decision if
any of the following conditions exists:
a. The individual fails to appear at a scheduled conference under section 252J.4.
b. A conference is held under section 252J.4.
c. The obligor fails to comply with a written agreement entered into by the obligor and
child support services under section 252J.5.
2. Child support services shall send a copy of the written decision to the individual by
regular mail at the individual’s most recent address of record. If the decision is made to issue
a certificate of noncompliance or to withdraw the certificate of noncompliance, a copy of the
certificate of noncompliance or of the withdrawal of the certificate of noncompliance shall be
attached to the written decision. The written decision shall state all of the following:
a. That the certificate of noncompliance or withdrawal of the certificate of noncompliance
has been provided to the licensing authorities named in the notice provided pursuant to
section 252J.3.
b. Thatuponreceiptofacertificateofnoncompliance, thelicensingauthorityshallinitiate
proceedings to suspend, revoke, deny issuance, or deny renewal of a license, unless the
licensing authority is provided with a withdrawal of a certificate of noncompliance from child
support services.
c. That in order to obtain a withdrawal of a certificate of noncompliance from child
support services, the obligor shall enter into a written agreement with child support services,
comply with an existing written agreement with child support services, or pay the total
amount of delinquent support owed or the individual shall comply with a subpoena or
warrant.
d. That if child support services issues a written decision which includes a certificate of
noncompliance, all of the following apply:
(1) The individual may request a hearing as provided in section 252J.9, before the district
court as follows:
(a) If the action is a result of section 252J.2, subsection 2, paragraph “a”, in the county
in which the underlying support order is filed, by filing a written application to the court
challenging the issuance of the certificate of noncompliance by child support services and
sending a copy of the application to child support services within the time period specified in
section 252J.9.
(b) Iftheactionisaresultofsection252J.2,subsection2,paragraph“b”,andtheindividual
is not an obligor, in the county in which the dependent child or children reside if the child or
children reside in Iowa; in the county in which the dependent child or children last received
public assistance if the child or children received public assistance in Iowa; or in the county
in which the individual resides if the action is the result of a request from a child support
agency in another state or foreign country.
(2) The individual may retain an attorney at the individual’s own expense to represent the
individual at the hearing.
(3) The scope of review of the district court shall be limited to demonstration of a mistake
of fact related to the delinquency of the obligor or the compliance of the individual with a
subpoena or warrant.
3. If child support services issues a certificate of noncompliance, child support services
shall only issue a withdrawal of the certificate of noncompliance if any of the following
applies:
a. Child support services or the court finds a mistake in the identity of the individual.
5 CHILD SUPPORT — LICENSING SANCTIONS, §252J.8
b. Child support services finds a mistake in determining compliance with a subpoena or
warrant.
c. Child support services or the court finds a mistake in determining that the amount of
delinquent support due is equal to or greater than three months.
d. The obligor enters a written agreement with child support services to comply with a
support order, the obligor complies with an existing written agreement to comply with a
support order, or the obligor pays the total amount of delinquent support owed.
e. The individual complies with the subpoena or warrant.
f. Issuance of a withdrawal of the certificate of noncompliance is appropriate under other
criteria in accordance with rules adopted by the department pursuant to chapter 17A.