Iowa Admin. Code r. 441-99.104 - Request for assistance to suspend
(1)
Submitting a request. The obligor and obligee subject to a
support order being enforced by the unit may request that the unit assist in
having the ongoing support provisions suspended as follows:
a. A request for suspension shall be
submitted to the local child support unit providing services using Form
470-3033 and Form 470-3032.
b. The
unit shall provide Forms 470-3032 and 470-3033 to the obligor or obligee upon
request.
c. Both forms must be
signed by both the obligor and the obligee affected by the order to be
suspended. In the event that current support payments are assigned to an
individual or entity other than the obligee named in the original order, but
may revert to the original obligee at a future date without court action, both
the original obligee and the current assignee must sign both forms.
d. Form 470-3032 must be notarized.
e. The request shall contain sufficient
information to allow the local unit to identify the court order and parties
involved, and a statement that the obligor and obligee expect the basis for
suspension to continue for not less than six months.
f. If the obligor and obligee are requesting
suspension of more than one order at the same time, the obligor and obligee
shall be required to submit only one copy of Form 470-3033, identifying each
order the request involves; however, the obligor and obligee shall be required
to submit a separate, signed and notarized affidavit, Form 470-3032, for each
order.
(2)
Denying a request. The local unit providing services shall
issue a written notice to the obligor and obligee indicating that a properly
completed request is denied.
a. This notice
shall be sent by first-class regular mail to the last-known address of the
obligor and obligee or, if applicable, to the last-known address of the
obligor's or obligee 's attorney.
b.
If the basis for suspension is reconciliation, one notice shall be sent to the
address shared by the obligor and obligee . If the basis for suspension is a
change in residency of the children entitled to support, a separate notice
shall be issued to the obligor and obligee at their respective last-known
addresses.
c. The notice denying a
request shall indicate the reason for denial.
d. A request for suspension shall be denied
when the conditions specified in Iowa Code section
252B.20, rule 441-99.102(252B),
or rule 441-99.103 (252B) are not
met.
e. Denial of a request is not
subject to appeal or review under Iowa Code chapter 17A.
Notes
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