The department will make a claim against a payment owed to an
obligor by a state agency when support payments are delinquent as set forth in
rule 11-40.1 (8A). A claim against a
payment owed to an obligor shall be applied to court-ordered support which the
department is attempting to collect pursuant to Iowa Code chapter 25 2B.
(1)
Case selection. The
department shall submit to the department of administrative services, at least
monthly, a list of obligors who are delinquent at least $50 in support
payments.
(2)Notification
of offset. Within ten days of receiving notification from the
department of administrative services that the obligor is entitled to a
payment, the department shall:
a. Send a
preoffset notice to the obligor. The preoffset notice shall inform the obligor
of the amount the department intends to claim and apply to the support
obligation and shall contain all information required by Iowa Code subsection
8A.504(2) and 11-subrule 40.4(4).
b. Notify the department of administrative
services that the preoffset notice has been sent to the obligor.
(3)
Appeal
process. An obligor may contest the department's claim by submitting a
written request to the department. A hearing shall be granted pursuant to rules
in 441-Chapter 7 if the obligor's request is submitted within 15 days of the
date of the preoffset notice. Except as specifically provided in this rule,
administrative appeals will be governed by 441-Chapter 7. The issue on appeal
shall be limited to a mistake of fact. Any other issue may be determined only
by a court of competent jurisdiction.
(4)Joint owner. A joint
owner's proportionate share of the payment, as determined by the department,
shall be released unless other claims are made on that portion of the payment.
The department must receive a request for release of a joint owner's share
within 15 days of the date of the preoffset notice. The request may be made by
either owner.
(5)Final
disposition of offset. The department shall notify an obligor of the
final decision regarding the claim against the offset by sending a final
disposition of support recovery claim notice to the obligor.
(6)Distribution of offset
amount. Offsets shall be applied in accordance with rules
441-95.3 (252B) and
441-95.4 (252B).
(7)Percentage of payment
offset. The amount of offset shall be 50 percent of the total payment
due the obligor, unless the payment results from lottery winnings, from
gambling winnings, from sports wagering winnings, or from a payment for a claim
under treasurer of state rules on unclaimed property at 781-Chapter 9, in which
case the amount of offset shall be 100 percent of the payment. The amount taken
shall not exceed the delinquent amount owed by the obligor.
This rule is intended to implement Iowa Code sections
252B.3
and
252B.4 and
Iowa Code subsection
8A.504(2).
