Iowa Admin. Code r. 441-99.109 - [Effective until 4/1/2025] Basis for suspension of support
(1)
Child residing with obligor or
caretaker. The unit shall assist an obligor in suspending support for
a child residing with the obligor or with a caretaker who has not requested
unit services, if the child has been residing with the obligor or caretaker for
more than 60 consecutive days.
(2)
Orders eligible for suspension.
a. The unit shall assist an obligor in
suspending support for a child under this part only when there is no order in
effect regarding legal custody, physical care, visitation, or parenting time
for the child.
b. If an order
exists that contains language regarding legal custody, physical care,
visitation, or parenting time for the child, the unit shall deny the suspension
request.
(3)
Children on public assistance. The children for whom ongoing
support is being suspended shall not be receiving public assistance pursuant to
Iowa Code chapter 239B or 249A or a comparable law of another state or foreign
country, or if the children are receiving public assistance, the obligor must
be considered to be a member of the same household as the children for the
purposes of public assistance eligibility.
(4)
Duration of conditions.
The basis for suspension of support under this part must reasonably be expected
to continue for not less than six months from the date a request for assistance
to suspend is received by the child support recovery unit.
(5)
Affected children. The
unit shall assist an obligor in suspending all or part of a support order as
provided in this part if the basis for suspension as described in this rule
applies to the children entitled to support under the order to be suspended as
follows:
a. If the basis for suspension
applies to all of the children, the unit shall assist in suspending support
obligations for all of the children.
b. If the basis for suspension applies to at
least one but not all of the children and if the support order includes a step
change, the unit shall assist in suspending the support obligations for
children for whom the basis for suspension applies.
(6)
Limited to current
support. The provisions in this part for suspending support apply only
toward ongoing or current support. Any support that has accrued prior to the
entry of an order suspending support, including judgments for past periods of
time, is unaffected by the suspension.
Notes
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