This text of Iowa § 252J.9 (District court hearing) 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.Following the issuance of a written decision by child support services under section
252J.6 which includes the issuance of a certificate of noncompliance, or following provision
of notice to the individual by a licensing authority pursuant to section 252J.8, an individual
may seek review of the decision and request a hearing 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 an application with the district court,
and sending a copy of the application to child support services.
b.If the action is a result of section 252J.2, subsection 2, paragraph “b”, and the individual
is not an obligor, in a county in which the dependent child or children reside if
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1. Following the issuance of a written decision by child support services under section
252J.6 which includes the issuance of a certificate of noncompliance, or following provision
of notice to the individual by a licensing authority pursuant to section 252J.8, an individual
may seek review of the decision and request a hearing 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 an application with the district court,
and sending a copy of the application to child support services.
b. If the action is a result of section 252J.2, subsection 2, paragraph “b”, and the individual
is not an obligor, in a 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. An application shall be filed to seek review of the decision by child support services or
following issuance of notice by the licensing authority no later than within thirty days after
the issuance of the notice pursuant to section 252J.8. The clerk of the district court shall
schedule a hearing and mail a copy of the order scheduling the hearing to the individual and
child support services and shall also mail a copy of the order to the licensing authority, if
applicable. Child support services shall certify a copy of its written decision and certificate
of noncompliance, indicating the date of issuance, and the licensing authority shall certify a
copy of a notice issued pursuant to section 252J.8, to the court prior to the hearing.
3. The filing of an application pursuant to this section shall automatically stay the actions
of a licensing authority pursuant to section 252J.8. The hearing on the application shall
be scheduled and held within thirty days of the filing of the application. However, if the
individual fails to appear at the scheduled hearing, the stay shall be lifted and the licensing
authority shall continue procedures pursuant to section 252J.8.
4. The scope of review by the district court shall be limited to demonstration of a mistake
of fact relating to the delinquency of the obligor or the noncompliance of the individual with
a subpoena or warrant. Issues related to visitation, custody, or other provisions not related to
the support provisions of a support order are not grounds for a hearing under this chapter.
5. Support orders shall not be modified by the court in a hearing under this chapter.
6. If the court finds that child support services was in error in issuing a certificate of
noncompliance, or in failing to issue a withdrawal of a certificate of noncompliance, child
support services shall issue a withdrawal of a certificate of noncompliance to the appropriate
licensing authority.