Iowa Admin. Code r. 441-98.35 - [Effective 4/1/2025] License sanction conference
(1)
Scheduling of
conference. Upon receipt from an individual of a written request for a
conference, child support services will schedule a conference not more than 30
days in the future. At the request of either child support services or the
individual, the conference may be rescheduled one time. When setting the date
and time of the conference, if notice was sent to an obligor under rule
441-98.34 (252J), child support
services will request the completion of a form prescribed by the department and
other financial information from both the obligor and the obligee as may be
necessary to determine the obligor's ability to comply with the support
obligation.
(2)
Payment
calculation. If notice was sent to an obligor under rule
441-98.34 (252J) during the conference held in compliance with the provisions of
Iowa Code section 252J.4, child support services
will determine if the obligor's ability to pay varies from the current support
order by applying the mandatory supreme court guidelines as contained in
441-Chapter 99, with the exception of 441-subrules 99.4(3) and 99.5(5). If
further information from the obligor is necessary for the calculation, child
support services may schedule an additional conference no less than ten days in
the future in order to allow the obligor to present additional information as
may be necessary to calculate the amount of the payment. If, at that time, the
obligor fails to provide the required information, child support services will
issue a certificate of noncompliance to applicable licensing authorities. If
the obligee fails to provide the necessary information to complete the
calculation, child support services will use whatever information is available.
If no income information is available for the obligee, child support services
will determine the obligee's income in accordance with 441-subrules 99.1(2) and
99.1(4). This calculation is for determining the amount of payment for the
license sanction process only and does not modify the amount of support
obligation contained in the underlying court order.
(3)
Referral for review and
adjustment. If the amount calculated in subrule 98.35(2) meets the
criteria for review and adjustment as specified in rule
441-101.4 (252B,252H), or
administrative modification as specified in rule
441-101.12 (252H) and
441-subrules 101.13(1), 101.13(2) and 101.13(6) at the time child support
services provides the payment agreement to the obligor, child support services
will also provide the obligor with any necessary forms to request a review and
adjustment or administrative modification of the support obligation. The
payment agreement remains in effect during the review and adjustment or
administrative modification process.
Notes
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