Iowa Admin. Code r. 441-101.5 - [Effective 4/1/2025] Notice requirements-review and adjustment
Child support services will provide written notification to each parent affected by a permanent child support obligation being enforced by child support services as follows:
(1)
Notice of right to request review. Child support services will
notify each parent of the right to request review of the order and the
appropriate place and manner in which the request should be made. Notification
will be provided on forms prescribed by the department or through another
printed or electronic format.
(2)
Notice of review. One of the following will apply:
a. At least 15 days before the review is
conducted, child support services will serve notice of its intent to review the
order on each parent affected by the child support obligation. This notice will
include a request that the parties complete a financial statement and provide
verification of income. The notice will be served in accordance with Iowa Code
section 252B.26 or
252H.15.
b. If the conditions of Iowa Code section
252H.14A(1)
are met, child support services may conduct a review using information
accessible to child support services without:
(1) Issuing a notice under paragraph
101.5(2)"a," or
(2) Requesting additional information from
the parent.
(3)
Notice of decision. After child support services completes the
review of the child support obligation in accordance with rule
441-101.4 (252B,252H), child support services will issue a notice of decision in
accordance with Iowa Code section
252H.14A or
252H.16 stating whether or not
an adjustment is appropriate and, if so, child support services' intent to
enter an administrative order for adjustment.
(4)
Challenges to outcome of
review. Each parent will be allowed to request a second review
challenging the determination of child support services. The procedure for
challenging the determination is as follows:
a. The parent challenging the determination
must submit the request for a second review in writing to child support
services stating the reasons for the request and providing written evidence
necessary to support the challenge. The request must be submitted:
(1) Within 10 days from the date of a notice
of decision issued pursuant to Iowa Code section
252H.16, or
(2) Within 30 days from service of a notice
of decision issued pursuant to Iowa Code section
252H.14A.
b. Child support services will review the
written evidence submitted with the request and all financial information
available to child support services and make a determination of one of the
following:
(1) To enter an administrative
order for adjustment of the obligation.
(2) That adjustment of the child support
obligation is inappropriate.
c. Child support services will send written
notice of the outcome of the second review to each parent affected by the child
support obligation at the parent's last-known mailing address.
d. For a review initiated under Iowa Code
section 252H.15, if either parent
disputes the second decision, the objecting parent may request a court hearing
within 15 days from the date the notice of decision is issued or within 10 days
of the date the second notice of decision is issued, whichever is
later.
e. For a review initiated
under Iowa Code section
252H.14A, either parent may
request a court hearing within 10 days of the issuance of the second notice of
decision.
f. If child support
services receives a timely written request or child support services determines
that a court hearing is necessary, child support services will certify the
matter to the district court. An objecting parent may seek recourse by filing a
private petition for modification through the district court.
Notes
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