Iowa Admin. Code r. 441-100.16 - [Effective 4/1/2025] Satisfaction of accrued support
(1)
Disestablishment orders entered
before May 21, 1997. Upon receipt of a file-stamped copy of an order
disestablishing paternity that was entered before May 21, 1997, child support
services will take the following actions concerning unpaid support assigned to
the department:
a. Child support services
will satisfy only unpaid support assigned to the department and only if:
(1) For actions under Iowa Code section
600B.41A or
232.3A, blood or genetic testing
was done and a guardian ad litem was appointed for the child.
(2) For actions under Iowa Code section
598.21E, the written statement
was filed and a guardian ad litem was appointed for the
child.
b. Child support
services will ask the obligee to sign the satisfaction acknowledging the
obligee has no right to support owed the department and waive notice of hearing
on a subsequent satisfaction order. If the obligee does not sign the
satisfaction and waiver of notice, child support services is not prevented from
satisfying amounts due the department.
c. Child support services will prepare the
required documents to satisfy any amounts owed the department and will file
them with the appropriate district court. If the court later determines that
paternity was incorrectly disestablished, child support services may attempt to
reinstate and enforce the prior judgment.
(2)
Disestablishment orders entered
on or after May 21, 1997. Upon receipt of a file-stamped copy of an
order disestablishing paternity that was entered on or after May 21, 1997,
child support services will take the following actions concerning unpaid
support:
a. If the order also contains a
provision satisfying unpaid support, child support services will adjust its
records to show unpaid support is paid.
b. If the order does not contain a provision
satisfying unpaid support, child support services will satisfy only unpaid
support assigned to the department. Child support services will notify the
party who petitioned the court for disestablishment that this is the only
support child support services can satisfy.
(1) Child support services will ask the
obligee to sign the satisfaction acknowledging the obligee has no right to
support owed the department and waive notice of hearing on a subsequent
satisfaction order. If the obligee does not sign the satisfaction and waiver
notice, child support services is not prevented from satisfying amounts due the
department.
(2) Child support
services will prepare the required documents to satisfy any amounts owed the
department and will file them with the appropriate court. If the court later
determines that paternity was incorrectly disestablished, child support
services may attempt to reinstate and enforce the prior judgment.
(3)
Termination
of paternity. If the court entered an order dismissing a
disestablishment of paternity action on or before May 21, 1997, this subrule
applies. Upon receipt of a file-stamped copy of an order terminating paternity
under the requirements of Iowa Code section
600B.41A, child support services
will take the following actions concerning unpaid support assigned to the
department:
a. Child support services will
satisfy only unpaid support assigned to the department.
b. Child support services will ask the
obligee to sign the satisfaction acknowledging the obligee has no right to
support owed the department and waive notice of hearing on a subsequent
satisfaction order. If the obligee does not sign the satisfaction and waiver of
notice, child support services is not prevented from satisfying amounts due the
department.
c. Child support
services will prepare the required documents to satisfy any amounts owed the
department and will file them with the appropriate district court. If the court
later determines that paternity was incorrectly terminated, child support
services may attempt to reinstate and enforce the prior judgment.
(4)
Previously collected
moneys. Child support services will not return any moneys previously
paid on the judgment.
Notes
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