§ 600B.38 — Recipients of public assistance — assignment of support payments

Iowa § 600B.38

• Jurisdiction: Iowa
• Title XV: JUDICIAL BRANCH AND JUDICIAL PROCEDURES
• Ch. 600B: PATERNITY AND OBLIGATION FOR SUPPORT

Text

1. If public assistance is provided by the department of health and human services to or
on behalf of a dependent child or a dependent child’s caretaker, there is an assignment by
operation of law to the department of any and all rights in, title to, and interest in any support
obligation, payment, and arrearages owed to or on behalf of the child or caretaker, not to
exceed the amount of public assistance paid for or on behalf of the child or caretaker as
follows:
a. For family investment program assistance, section 239B.6 shall apply.
b. For foster care services, section 234.39 shall apply.
c. For medical assistance, section 252E.11 shall apply.
2. The department shall immediately notify the clerk of court by mail when such a child
or caretaker has been determined to be eligible for public assistance. Upon notification
by the department, the clerk of court shall make a notation of the automatic assignment
in the judgment docket and lien index. The notation constitutes constructive notice of the
assignment. For public assistance approved and provided on or after July 1, 1997, if the
applicant for public assistance is a person other than a parent of the child, the department
shall send notice by regular mail to the last known addresses of the obligee and obligor.
The clerk of court shall forward support payments received pursuant to section 600B.25, to
which the department is entitled, to the department, which may secure support payments
in default through other proceedings.
3. The clerk shall furnish the department with copies of all orders or decrees and
temporary or domestic abuse orders addressing support when the parties are receiving
public assistance or services are otherwise provided by child support services. Unless
otherwise specified in the order, an equal and proportionate share of any child support
awarded shall be presumed to be payable on behalf of each child subject to the order or
judgment for purposes of an assignment under this section.

Legislative History

[C77, 79, 81, §675.38; 82 Acts, ch 1237, §5]